Supreme Court dismissed early retirement claim for teacher working part-time, ruling Article 97 applies only to Article 88 rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling granting early retirement based on part-time teaching work. The plaintiff argued that Article 97 of the Teachers' Charter allowed counting such work for early retirement under the Ministry Regulation, but the Court held it only applies to pension rights under Article 88. Consequently, the part-time periods were excluded from the special conditions required for early retirement under the Ministry Regulation.
Legislator headnote
AI generatedArt. 97 Karty Nauczyciela; Art. 88 ust. 1 Karty Nauczyciela; Art. 15 § 4 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r. – The provision allowing inclusion of part-time teaching work applies exclusively to pension entitlements under Article 88, not to early retirement conditions under the Ministry Regulation requiring full-time employment.