Supreme Court dismissed pension recalculation request, ruling it must follow first-time application rules regarding calculation periods.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's rejection of a pension recipient's request to recalculate their pension base. The applicant sought to use earnings from 1970-1979, arguing for a specific calculation window, while the lower courts held that post-1995 recalculation requests must strictly adhere to the periods defined for initial applications. The court ruled that the statutory provisions create a rigid timeframe for filing such requests, meaning a 1996 filing was legally bound by the seven-year rule applicable to first-time claims rather than the applicant's preferred decade-long window.
Legislator headnote
AI generatedArt. 33 ust. 2 w zw. z art. 7 ust. 1 pkt 5 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent; A request for recalculation of a pension base filed after December 31, 1995, must be treated as a first-time application, requiring the calculation of the base based on the seven years preceding the filing date rather than the date of the initial pension grant.