Supreme Court dismisses pensioner's claim for retroactive pension payment exceeding three months after return from abroad.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the pensioner's cassation appeal regarding the reinstatement of her suspended pension after returning from Sweden. The Social Insurance Institution correctly limited the retroactive payment to three months from the date of her application, rejecting her request for payments dating back to 1981. The court ruled that the statutory procedure for reinstating pensions suspended due to foreign residence is request-based and strictly capped at a three-month retroactive period.
Legislator headnote
AI generatedArt. 84 ust. 1 pkt 1, ust. 4 ustawy o zaopatrzeniu emerytalnym; Art. 103 ust. 1 ustawy o zaopatrzeniu emerytalnym: The reinstatement of a pension suspended due to foreign residence is governed by a request-based procedure limited to a maximum of three months of retroactive payment from the date of the applicant's request.