Supreme Court allows pension claim by dismissing lower courts for omitting Article 41 Section 2 of the Pension Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of Maria K.'s claim for a family pension, ruling that lower courts incorrectly ignored Article 41 Section 2 of the Pension Act. The applicant argued her daughter met the five-year condition for eligibility, but the lower courts only considered the daughter's age at death. The Supreme Court found that the daughter was indeed a student when she turned 18 and that the mother fulfilled the statutory requirements within five years of the daughter stopping education.
Legislator headnote
AI generatedArt. 41 ust. 2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; The Supreme Court held that a widow acquires the right to a family pension if the conditions for the child's entitlement were met within five years of the child's death or cessation of upbringing, and that courts must apply the entire statutory provision rather than only the age-based clause.