Supreme Court dismissed cassation on social insurance pension overlap, ruling transfer of farm must be notarized by year-end.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Zenon Z. against a lower court's decision denying him a combined farm and employee pension. The applicant argued that his farm transfer occurred in 1990, but the court found the notarized deed was executed in 1991, missing the statutory deadline. Consequently, the court ruled that the condition for receiving the farm pension was not met, and the cassation was rejected as unfounded.
Legislator headnote
AI generatedArt. 59 of the Social Insurance Act for Individual Farmers; Art. 38 of the same Act; Art. 11 of the Civil Procedure Code Amendment Act of 1996: The transfer of a farm to a successor must be executed via a notarial act by December 31 to qualify for the farm pension, and failure to meet this deadline precludes the concurrent receipt of an employee's pension.