Supreme Court dismissed pension appeal; claimant failed disability conditions before revaluation law entry into force.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Ombudsman for the Rights of Citizens against a lower court's denial of a disability pension. The claimant argued that her disability occurred earlier than established, which would have allowed her to qualify under the 1982 pension law rather than the 1991 revaluation law. The court ruled that the lower court correctly determined the claimant did not meet the specific conditions for acquiring the right to a disability pension under the 1982 law prior to the revaluation law's effective date.
Legislator headnote
AI generatedArt. 26 ust. 2 ustawy o rewaloryzacji emerytur i rent; Art. 32 pkt 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The revaluation law applies only if the claimant meets disability acquisition conditions under the old law at the time of its entry into force; otherwise, the new law's provisions govern the benefit calculation.