Legislator Case Law & Legislation
II UKN 351/97 AI generated

Supreme Court dismissed disability pension claim as applicant failed to meet pre-1991 statutory conditions.

Case Number II UKN 351/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Bożena T. against the Social Insurance Institution's refusal of a disability pension. The applicant argued that her employment history satisfied pre-1991 criteria, claiming the new 1991 law should not apply retroactively to her case. The court ruled that because she did not meet all required conditions before November 15, 1991, the new law's provisions regarding contribution periods and non-contributory periods applied instead, leading to the denial of benefits.

Legislator headnote

AI generated

Art. 4 ust. 1, 2 ustawy z dnia 17 października 1991 r.; Art. 26 ust. 1, 2 ustawy z dnia 17 października 1991 r.; Art. 33 ustawy z dnia 14 grudnia 1982 r. The new pension law applies to claims filed after its entry into force unless the applicant fully met all pre-existing eligibility conditions before the cutoff date.

Keywords

AI generated
disability pension eligibility retroactive application of law contribution periods non-contributory periods social insurance statute cassation appeal dismissal employment history criteria

Cited Legislation

AI generated
Art. 4 ust. 1, 2 of the Act of 17 October 1991 on the revaluation of pensions and allowances
Art. 26 ust. 1, 2 of the Act of 17 October 1991 on the revaluation of pensions and allowances
Art. 33 of the Act of 14 December 1982 on the pension provision for employees and their families
Art. 45 ust. 1 of the Act of 17 October 1991 on the revaluation of pensions and allowances
Art. 393 § 12 of the Code of Civil Procedure

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