Supreme Court allows pension offset for public employee who resigned upon receiving disability pension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed the plaintiff's claim for a pension offset after overturning the lower court's dismissal. The plaintiff, a public employee, had exhausted his sick leave, been declared disabled, and subsequently resigned from his position based on a mutual agreement. The court determined that the termination of employment was directly linked to the acquisition of the disability pension, thereby satisfying the statutory conditions for the offset.
Legislator headnote
AI generatedArt. 28 ust. 1 ustawy o pracownikach urzędów państwowych; The right to a pension offset arises when an employee's termination of employment is functionally connected to the acquisition of a disability pension, distinguishing it from cases where employment continues despite pension eligibility.