Legislator Case Law & Legislation
II UKN 73/96 AI generated

Supreme Court dismissed cassation, ruling mining periods exceeding 45 years count as contributory periods for pension calculation.

Case Number II UKN 73/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the Social Insurance Institution against a lower court ruling that increased a miner's pension. The applicant argued that the Social Insurance Institution incorrectly capped mining work periods at 45 years, thereby excluding additional months from the pension calculation. The Court held that the specific statute limiting mining periods to 45 years only restricts the calculation of those specific periods, not the total pension amount, and that excess months must be treated as standard contributory periods under the revaluation act. Consequently, the lower court's decision to include these additional months was upheld, and the appeal was rejected.

Legislator headnote

AI generated

Art. 10a § 1 ust. 2 ustawy o zaopatrzeniu emerytalnym górników; Art. 2 ust. 1 pkt 1 ustawy o rewaloryzacji emerytur i rent: Periods of mining work exceeding the 45-year limit prescribed in the miners' pension act are to be treated as contributory periods under the revaluation act for the purpose of calculating the total pension amount.

Keywords

AI generated
mining pension calculation contributory periods 45 year limit revaluation act social insurance law pension entitlement statutory interpretation

Cited Legislation

AI generated
Art. 10a § 1 ust. 2 of the Act on Pension Provision for Miners and Their Families
Art. 2 ust. 1 pkt 1 of the Act on Revaluation of Pensions and Annuities
Art. 393 § 11 of the Code of Civil Procedure
Art. 393 § 12 of the Code of Civil Procedure

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