Legislator Case Law & Legislation
II UKN 31/97 AI generated

Social security contributions returned due to low income are not considered improperly collected, so no interest applies.

Case Number II UKN 31/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two agents against the Social Insurance Fund regarding the return of their social security contributions. The lower courts ruled that because the applicants' annual income did not reach half the minimum wage, the contributions were legally required to be refunded under the relevant insurance law. The Supreme Court agreed, holding that the statutory provision for interest on improperly collected payments does not apply to the return of contributions mandated by the insurance statute.

Legislator headnote

AI generated

Art. 27 ust. 1 ustawy ubezpieczeniowej; Art. 35 ust. 5 ustawy o finansowaniu ubezpieczeń społecznych: Contributions returned pursuant to the insurance law due to low income are not deemed improperly collected, and thus the provision granting interest for improperly collected payments does not apply.

Keywords

AI generated
social security contributions improperly collected minimum wage threshold interest on payments agency contracts refund of contributions Supreme Court cassation

Cited Legislation

AI generated
Art. 27 ust. 1 of the Social Insurance Act
Art. 35 ust. 5 of the Act on the Organization and Financing of Social Insurance
Art. 38 ust. 1 of the Social Insurance Act
Art. 393 § 12 of the Code of Civil Procedure

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