Legislator Case Law & Legislation
II UKN 437/97 AI generated

Social security disability pension denied due to insufficient five-year insurance period before disability onset.

Case Number II UKN 437/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the Minister of Justice against a lower court's refusal to grant a disability pension. The applicant, who became disabled in 1976, argued that the medical experts' assessment of his disability group was sufficient to override the lack of a five-year insurance period. The court ruled that both the specific disability group classification and the mandatory five-year insurance history within ten years prior to disability are strict statutory prerequisites for the pension.

Legislator headnote

AI generated

Art. 16 ust. 1 pkt. 2; Art. 16 ust. 2 ustawy z dnia 19 grudnia 1975 r. o ubezpieczeniu społecznym osób wykonujących pracę na podstawie umowy agencyjnej lub umowy zlecenia: The right to a disability pension requires simultaneous fulfillment of the disability group criteria and a minimum five-year insurance period within the ten years preceding the disability.

Keywords

AI generated
social security disability pension insurance period requirement agency contract employment disability group classification cassation appeal dismissal statutory prerequisites social insurance law

Cited Legislation

AI generated
Art. 16 ust. 1 pkt. 2 of the Act of 19 December 1975 on social insurance of persons performing work on the basis of an agency contract or a contract for services
Art. 16 ust. 2 of the Act of 19 December 1975 on social insurance of persons performing work on the basis of an agency contract or a contract for services
Art. 393 § 12 of the Code of Civil Procedure

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