Military pension service period not retroactively extended by civilian employment after discharge.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's cassation appeal against the military pension bureau's refusal to include post-discharge civilian employment in his pension service period. The applicant argued that a specific legal fiction regarding pension service should be interpreted broadly to cover this employment, while the bureau maintained that the law requires a continuous 20-year military service record for such extensions. The court ruled that the legal fiction is a narrow exception intended only for specific administrative adjustments and cannot be expanded by interpretation to apply to new service period calculations.
Legislator headnote
AI generatedArt. 53 ust. 1 pkt 2 ustawy o zaopatrzeniu emerytalnym żołnierzy zawodowych; Art. 53 ust. 6 ustawy: The legal fiction of pension service treated as military service is a narrow exception that cannot be extended by interpretation to cover civilian employment performed after discharge for the purpose of increasing pension entitlements.