Legislator Case Law & Legislation
II UKN 176/97 AI generated

Military pension and general disability pension benefits cannot be paid simultaneously due to non-overlapping rules.

Case Number II UKN 176/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the pensioner's cassation appeal against the lower courts' decision to deny additional military service disability benefits. The pensioner argued for a combined pension based on his military service disability, but the court found he already received a higher general disability pension that superseded the lower military rate. The court ruled that the statutory provisions explicitly prohibit overlapping military and general pension benefits, and the procedural claims were unsupported by evidence.

Legislator headnote

AI generated

Art. 7, Art. 53 of the Act on Pension Provision for Soldiers and Their Families; The court established that military pension benefits and general pension benefits cannot be paid simultaneously, requiring the payment of only the higher benefit.

Keywords

AI generated
military pension general disability pension non-overlapping benefits pension calculation disability classification

Cited Legislation

AI generated
Art. 7 of the Act on Pension Provision for Soldiers and Their Families
Art. 22 of the Act on Pension Provision for Soldiers and Their Families
Art. 53 of the Act on Pension Provision for Soldiers and Their Families
Art. 20 of the Act on Pension Provision for Soldiers and Their Families
Art. 393 § 1, 393 § 12 of the Code of Civil Procedure

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