Legislator Case Law & Legislation
II UKN 140/97 AI generated

Supreme Court dismisses social insurance fund's claim for additional late payment fees against a pension office.

Case Number II UKN 140/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the Social Insurance Institution's request for additional late payment fees against a pension office. The fund had previously imposed such fees on the claimant for unpaid contributions, but the court found no legal basis to demand identical fees from the pension office for delayed benefit payments. The decision was based on the principle that reciprocity does not apply in this context, rendering the dispute moot after the pension office voluntarily paid the full amount with statutory interest.

Legislator headnote

AI generated

Art. 35 ust. 2 ustawy o organizacji i finansowaniu ubezpieczeń społecznych; The Social Insurance Institution cannot claim additional late payment fees from a pension office for delayed benefit payments merely because it imposed such fees on the beneficiary for unpaid contributions.

Keywords

AI generated
social insurance law late payment fees reciprocity principle pension office administrative dispute statutory interest procedural mootness

Cited Legislation

AI generated
Art. 35 ust. 2 ustawy z dnia 25 listopada 1986 r. o organizacji i finansowaniu ubezpieczeń społecznych
art. 39310 KPC
art. 39319 w związku z art. 386 § 3 KPC

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