Legislator Case Law & Legislation
III ZP 15/98 AI generated

Polish Supreme Court dismissed appeal; agricultural work periods pre-1977 count as contributory only if requested before Jan 26, 1991.

Case Number III ZP 15/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's appeal regarding her pension calculation involving agricultural work periods. The Social Insurance Institution and lower court correctly applied the 1991 Revaluation Act, ruling that such periods could only be counted as contributory if the request was filed before January 26, 1991. Since the applicant submitted her request on February 8, 1991, the court held that the guarantee exception did not apply, and the pension must be recalculated based on the new statutory rules.

Legislator headnote

AI generated

Art. 27 ust. 1 pkt 1-2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; art. 5 i 15 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent: Agricultural work periods prior to July 1, 1977, completed after age 16, are counted as contributory periods for pension purposes only if the application for their inclusion was submitted before January 26, 1991.

Keywords

AI generated
pension revaluation agricultural work periods contributory periods Social Insurance Act revaluation statute pension calculation legal succession

Cited Legislation

AI generated
Art. 27 ust. 1 pkt 1-2 of the Act of December 14, 1982 on pension provision for employees and their families
Art. 5 and Art. 15 of the Act of October 17, 1991 on revaluation of pensions and allowances
Art. 28 of the Act of December 14, 1982 on pension provision for employees and their families

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