Court allows emerytury calculation based on pre-12-year earnings when current period lacks employment income.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision and remanded the case for recalculation of the employee pension base. The applicant argued that earnings from her 1975-1977 library employment should be used instead of business income, as she was not an employee during the standard 12-year lookback period. The court ruled that while business income cannot be considered, the applicant is entitled to select earlier employment years if supported by documentation, thereby correcting the lower court's error.
Legislator headnote
AI generatedArt. 16 ust. 2 pkt 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; § 9 ust. 5 rozporządzenia Rady Ministrów z dnia 1 kwietnia 1985 r.: When an employee has no remuneration in the last 12 years preceding the application, they may request calculation based on remuneration from three consecutive calendar years occurring earlier, provided documentary proof is submitted.