Supreme Court allows state official's claim for severance pay despite receiving military pension.
Legislator summary
AI generatedThe 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 generatedArt. 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.