Legislator Case Law & Legislation
II UKN 112/97 AI generated

Supreme Court allows pension claim restoration when disability reoccurs within 18 months of cessation.

Case Number II UKN 112/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of Leonard M.'s disability pension claim and remanded the case for retrial. The lower court incorrectly assumed the applicant was not disabled when he lost his job in 1990, failing to verify if his prior disability status persisted until his new diagnosis in 1994. The Court ruled that the applicant's right to the pension should be restored if he became disabled again within 18 months of his previous disability ceasing, a condition requiring further factual clarification.

Legislator headnote

AI generated

Art. 36 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 6 ust. 2 ustawy o rewaloryzacji emerytur i rent: The right to a disability pension is restored if the worker becomes disabled again within 18 months of the previous disability ceasing, provided the court properly verifies the continuity of the prior disability status.

Keywords

AI generated
disability pension restoration 18 month disability period continuity of disability status social insurance benefits Supreme Court cassation employee pension rights medical expert opinion

Cited Legislation

AI generated
Art. 36 of the Act on Pension Provision for Employees and Their Families
Art. 6 para. 2 of the Act on Revaluation of Pensions and Allowances
Art. 32 of the Act on Pension Provision for Employees and Their Families

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