Legislator Case Law & Legislation
II UKN 378/97 AI generated

Supreme Court dismissed pension claim for Soviet deportee, ruling law did not cover forced exile cases at the time.

Case Number II UKN 378/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Walentyna C., who sought a war invalid pension based on her forced exile to the USSR between 1940 and 1945. The lower courts correctly applied the law as it stood on July 1, 1997, which explicitly excluded persons deported to the Soviet Union from receiving war invalid pensions. The Court ruled that while the applicant was denied this specific benefit, the law provided other significant privileges for her, and a new legislative amendment would grant the pension rights retroactively for future claims.

Legislator headnote

AI generated

Art. 12 ust. 2 ustawy z dnia 24 stycznia 1991 r. o kombatantach; Art. 4 ust. 1 pkt 3 lit. b tej ustawy: Persons deported to the USSR for forced exile were not entitled to war invalid pensions under the law as it stood on July 1, 1997, despite other statutory privileges.

Keywords

AI generated
war invalid pension Soviet forced exile combatant law retroactive application legislative amendment social benefits deportation victims

Cited Legislation

AI generated
Art. 12 ust. 2 of the Act of January 24, 1991 on Combatants and Certain Persons Being Victims of War Repressions and the Postwar Period
Art. 4 ust. 1 pkt 3 lit. b of the Act of January 24, 1991 on Combatants and Certain Persons Being Victims of War Repressions and the Postwar Period
Act of May 29, 1974 on the Provision of Care for War Invalids and Military Personnel and Their Families
Act of April 25, 1997 on Amending the Act on Combatants and Certain Persons Being Victims of War Repressions

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text