Legislator Case Law & Legislation
I PKN 516/97 AI generated

Supreme Court allows state official's claim for severance pay despite receiving military pension.

Case Number I PKN 516/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the plaintiff's cassation appeal against the lower court's dismissal of his claim for severance pay. The plaintiff, a former state official who received a military pension, argued that the statutory provision granting severance should not be denied to those receiving pensions. The court ruled that the legislative intent was to prevent the simultaneous receipt of both severance and pension, but since the pension was acquired prior to employment termination, the exclusion clause did not apply. Consequently, the case was remanded for a new decision on the specific amount and duration of the payment.

Legislator headnote

AI generated

Art. 13 § 1 ust. 1 of the Act on State Officials; The statutory exclusion of severance pay for state officials receiving a pension does not apply when the pension right was acquired prior to the termination of employment due to office reorganization.

Keywords

AI generated
state officials severance military pension compatibility office reorganization termination legislative intent analysis concurrent benefits exclusion

Cited Legislation

AI generated
Art. 13 § 1 ust. 1 of the Act on State Officials
Art. 393 § 13 of the Code of Civil Procedure

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