Legislator Case Law & Legislation
II UKN 477/97 AI generated

Supreme Court dismissed appeal; invalid disability pension claim due to missing five-year insurance period.

Case Number II UKN 477/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by a disabled worker against the Social Insurance Institution's refusal of a disability pension. The court found that the applicant failed to meet the statutory requirement of establishing a new five-year insurance period within the ten years preceding her pension application. Consequently, the court ruled that the special provision allowing pension acquisition for those outside the insurance coverage period did not apply to her specific circumstances.

Legislator headnote

AI generated

Art. 34 ust. 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 32 pkt 3 tej ustawy: The special provision allowing acquisition of a disability pension for persons outside the insurance coverage period requires the establishment of a new five-year insurance period within the ten years preceding the application, applicable equally to all disability groups.

Keywords

AI generated
disability pension insurance period social insurance law cassation appeal statutory requirements

Cited Legislation

AI generated
Art. 34 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 32 pkt 3 of the Act on Pension Provision for Employees and Their Families
Art. 393 § 12 of the Code of Civil Procedure

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