Social security pension change requires applicant request, not automatic administrative recalculation by authorities.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's cassation appeal against a lower court ruling that granted a workers' disability pension. The applicant had received a student disability pension since 1985 and only submitted a formal request for a workers' pension in October 1995, which lacked required employment documents. The court held that no statutory provision mandated the social security office to automatically recalculate the pension type upon the applicant reaching the required employment period. Consequently, the change in benefit type was deemed effective only from the date the formal request was submitted.
Legislator headnote
AI generatedArt. 63 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 89 ust. 1 i Art. 99 tej ustawy: Change of pension type from student to worker disability requires a formal application by the insured; automatic recalculation by the social security office is not provided for by law.