Legislator Case Law & Legislation
II UKN 280/97 AI generated

Disability pension denied because disability arose after 18 months post-prison work periods.

Case Number II UKN 280/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Mariana P. against the Social Insurance Institution's refusal of a disability pension. The court found that the applicant's disability, confirmed by medical experts, developed after the 18-month period following his cessation of employment during prison. Consequently, the statutory conditions for pension eligibility were not met.

Legislator headnote

AI generated

Art. 32 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 393 § 12 k.p.c.: Work periods during imprisonment count towards pension calculation, but disability must arise within 18 months of leaving prison to qualify.

Keywords

AI generated
disability pension eligibility prison work periods 18 month limitation medical expert opinion social insurance law

Cited Legislation

AI generated
Art. 32 ust. 3 of the Act on Pension Provision for Employees and Their Families
Art. 393 § 12 of the Code of Civil Procedure

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