Family pension claim dismissed because beneficiary's death prevented mother from applying for pension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Kazimierz W. against a decision denying him a family pension and war death compensation. The court found that the mother, who died in 1953, never applied for the pension due to her son's death in 1942, and the law does not allow claims for non-realized pensions based on such non-filing. Consequently, the court ruled that family members cannot demand payment of benefits owed to the deceased solely because the deceased failed to file the necessary application.
Legislator headnote
AI generatedUstawa z dnia 29 maja 1974 r. o zaopatrzeniu inwalidów wojennych i wojskowych oraz ich rodzin; Ustawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin: The failure of the entitled person to file a claim for pension or benefit excludes the possibility of claiming such benefits for family members, regardless of the reason for the non-filing.