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II UKN 392/97 AI generated

Social security court dismisses disability pension claim due to insufficient insurance period during business suspension.

Case Number II UKN 392/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying a disability pension to a business owner. The court found that the statutory insurance period only covered the time of actual business operation, excluding the suspension period where no contributions were paid. Consequently, the applicant failed to meet the required 18-month insurance threshold before her disability arose.

Legislator headnote

AI generated

Art. 15 ust. 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 32 pkt 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The insurance period for social security purposes consists solely of the time of actual business operation or interruptions caused by illness, maternity, or military service, excluding periods of suspension without income.

Keywords

AI generated
social security insurance period business activity suspension disability pension eligibility contributory period calculation social security contributions obligation

Cited Legislation

AI generated
Art. 15 ust. 2 of the Social Insurance Act for Persons Engaged in Business and Their Families
Art. 32 pkt 3 of the Act on Pension Provision for Employees and Their Families
Art. 9 ust. 4 of the Social Insurance Act for Persons Engaged in Business and Their Families
Art. 393 § 12 of the Code of Civil Procedure

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