Supreme Court allows using pre-12-year employment years for pension calculation when current years are incomplete.
Legislator summary
AI generatedThe Supreme Court partially overturned the appellate court's decision regarding the calculation basis for a disability pension. The applicant argued that using only the last 12 years of employment unfairly penalized him for having incomplete years in that period and higher earnings in earlier years. The court ruled that while the standard rule applies, the applicant's specific situation of incomplete years in the final 12 months justified considering the three most favorable years from the preceding period. Consequently, the case was remanded to the lower court for a new decision based on this interpretation.
Legislator headnote
AI generated§ 9 ust. 5 rozporządzenia Rady Ministrów z dnia 1 kwietnia 1985 r. w sprawie szczegółowych zasad ustalania podstawy wymiaru emerytur i rent; when the last 12 years of employment contain incomplete years, the applicant may request the calculation of the pension basis using the three most favorable full years from the preceding period.