Legislator Case Law & Legislation
II UKN 97/96 AI generated

Social security court allows pension claim despite capped contribution base, ruling legal interest exists for recalculation.

Case Number II UKN 97/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's decision and remanded the case for retrial regarding the applicant's pension calculation. The applicant, a former ambassador, argued that his pension should be based on actual earnings rather than a capped 250% of the average wage, which the lower courts had accepted. The court held that even if the capped base does not currently affect the pension amount, the applicant retains a legal interest in having the actual contribution base determined correctly for future eligibility.

Legislator headnote

AI generated

Art. 7 ust. 6 ustawy o rewaloryzacji emerytur i rent; The fact that a worker receives an early pension does not deprive them of the legal interest to have the pension calculated based on the actual contribution base, even if the current benefit is unaffected by the discrepancy.

Keywords

AI generated
social security contributions pension calculation contribution base legal interest remand for retrial early retirement diplomatic service

Cited Legislation

AI generated
Art. 7 ust. 6 of the Act on the Revaluation of Pensions and Allowances
§ 9 of the Decree of the Council of Ministers of 29 January 1990 on the level and basis of social insurance contributions
§ 7 of the Decree of the Council of Ministers of 29 January 1990 on the level and basis of social insurance contributions
Art. 393 § 1 of the Code of Civil Procedure
Art. 393 § 13 of the Code of Civil Procedure
Art. 393 § 15 of the Code of Civil Procedure

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