Legislator Case Law & Legislation
II UKN 566/97 AI generated

Disability pension granted retroactively when disability occurred before age 20, requiring only one year of employment.

Case Number II UKN 566/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
disability pension entitlement retroactive pension grant employment period requirement disability acquired before age twenty second group disability pension

Cited Legislation

AI generated
Art. 33 ust. 1 pkt 1 of the Act on Pensions for Employees and Their Families
Art. 33 ust. 1 pkt 2 of the Act on Pensions for Employees and Their Families
Art. 99 of the Act on Pensions for Employees and Their Families
Art. 393 15 of the Code of Civil Procedure

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