Disability pension granted retroactively when disability occurred before age 20, requiring only one year of employment.
Legislator summary
AI generatedThe Supreme Court reversed the appellate court's decision, granting the applicant a disability pension retroactively from November 23, 1995. The applicant, who became disabled in May 1995 before turning twenty, argued that only one year of employment was required, whereas the lower courts incorrectly demanded two years. The court ruled that the specific statutory provision for disabilities acquired before age twenty mandates a shorter employment period, thereby validating the retroactive entitlement.
Legislator headnote
AI generatedArt. 33 ust. 1 pkt 1; Art. 33 ust. 1 pkt 2 of the Act on Pensions for Employees and Their Families: When a disability of the second group arises before the individual reaches twenty years of age, the requirement for obtaining a disability pension is reduced to one year of employment.