II UKN 241/97
AI generated
Supreme Court allows early retirement for legal guardian of adult child with permanent care needs.
Legislator summary
AI generatedThe Supreme Court of Poland granted the plaintiff's request for early retirement, overturning lower court decisions that denied the benefit. The Social Insurance Institution refused the claim because the legal guardian was appointed only after the ward, a child with severe mental disabilities, reached adulthood. The court ruled that the term 'child' in the relevant regulation applies to persons of any age requiring constant care, thereby validating the guardian's right to early retirement.
Legislator headnote
AI generatedDz.U. Nr 28, poz. 149; The term 'child' in the regulation on early retirement for guardians of persons requiring constant care applies to adults, not just minors, provided the care is continuous and necessary due to health conditions.
Keywords
AI generated
early retirement rights
legal guardian status
adult child care
social insurance benefits
permanent disability status
regulation interpretation
constant care requirement
Cited Legislation
AI generatedDz. U. Nr 28, poz. 149
Dz. U. Nr 103, poz. 470 ze zm.