Legislator Case Law & Legislation
II UKN 104/97 AI generated

Supreme Court dismissed social security appeal, ruling revaluation law applies retroactively to creators' disability pensions.

Case Number II UKN 104/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a creator against the Social Insurance Institution regarding his disability pension. The applicant argued that a 15% artistic work supplement should remain, but the court held that the 1991 revaluation law applies retroactively to all existing benefits. Consequently, the statutory supplement was eliminated as the revaluation law only permits specific increases, and the constitutional court ruling did not suspend the law's effect.

Legislator headnote

AI generated

Art. 1 ust. 2 ustawy o rewaloryzacji emerytur i rent; Art. 21 ust. 1 ustawy o rewaloryzacji emerytur i rent: The revaluation law applies retroactively to all social security benefits, including those for creators, thereby eliminating non-listed statutory supplements unless explicitly preserved by subsequent legislation.

Keywords

AI generated
social security revaluation retroactive application creator disability pension statutory supplement elimination constitutional court ruling effect

Cited Legislation

AI generated
Art. 1 ust. 2 of the Act on Revaluation of Pensions and Allowances
Art. 21 ust. 1 of the Act on Revaluation of Pensions and Allowances
Art. 7 ust. 1 of the Act on Provision for Creators and Their Families

Cited Case Law

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