Legislator Case Law & Legislation
II UKN 412/97 AI generated

Supreme Court dismissed pension claim for non-certified teacher in social organization lacking prior school employment.

Case Number II UKN 412/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Witalis K. against the Social Insurance Fund's refusal of a teacher's pension. The applicant argued for benefits based on his 30 years of service, including 20 years as a teacher, but the court found he lacked the specific qualification of a 'certified teacher' (mianowany) and had not previously worked in a school. Consequently, the statutory conditions for the pension under the Teachers' Card Act were not met, leading to the rejection of the claim.

Legislator headnote

AI generated

Art. 88 ust. 1 Karty Nauczyciela; Art. 9 Karty Nauczyciela; Art. 95 Karty Nauczyciela: The right to a teacher's pension for personnel in social organizations requires the individual to be a certified teacher who transferred from a school, not merely someone with pedagogical qualifications.

Keywords

AI generated
teacher's pension eligibility certified teacher status social organization employment Teachers' Card Act prior school employment requirement cassation appeal dismissal pedagogical qualifications

Cited Legislation

AI generated
Art. 88 ust. 1 Karty Nauczyciela
Art. 9 Karty Nauczyciela
Art. 95 Karty Nauczyciela
Art. 393 12 KPC
Art. 393 3 KPC
Art. 393 1 KPC

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