Supreme Court dismissed appeal; invalid disability pension claim due to missing five-year insurance period.
Legislator summary
AI generatedThe 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 generatedArt. 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.