Supreme Court allows disability pension claim by deeming disability occurred during unemployment benefit period.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of Stanisław Z.'s disability pension claim and remanded the case for retrial. The applicant argued that his disability, caused by peripheral artery disease, arose within 18 months of stopping unemployment benefits, which legally qualifies for pension eligibility. The court found the lower court failed to properly evaluate expert evidence regarding the exact onset date of the disability relative to the statutory deadline. Consequently, the court ruled that the matter was not fully resolved and required further factual clarification to determine if the disability condition was met.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 6 ust. 2 ustawy o rewaloryzacji emerytur i rent: The condition of disability arising during employment or within 18 months of termination is deemed satisfied if the disability occurred during the receipt of unemployment benefits or within 18 months after the right to such benefits ceased.