Supreme Court dismisses pension appeal when disability right ceases due to loss of disability status.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the calculation base for a pension. The applicant argued that her previous disability pension base should apply, but the Social Insurance Institution denied this after her disability right expired in 1993. The court ruled that the specific pension calculation rules only apply if the prior disability right remains valid, which was not the case here. Consequently, the pension base must be determined using general rules based on her income prior to the disability right's termination.
Legislator headnote
AI generatedArt. 8 ust. 1 ustawy o rewaloryzacji emerytur i rent; The specific rules for calculating pension bases based on prior disability pension income apply only when the right to that prior disability pension remains valid, and do not apply if the disability right has ceased due to the loss of disability status.