Supreme Court dismisses appeal; receiving two pensions despite warnings constitutes voluntary misrepresentation requiring repayment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Teresa W. against a Social Insurance Fund decision ordering the return of family pensions. The applicant had received two concurrent family pensions from different agencies while failing to disclose the second source, despite being explicitly warned of the obligation to inform the paying authority. The court ruled that this concealment constituted voluntary misrepresentation, triggering the statutory requirement to repay the overpaid benefits.
Legislator headnote
AI generatedArt. 106 ust. 2 pkt 2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 393 12 KPC; A person who receives two pensions while concealing the second source, despite warnings, must return the benefits as voluntarily misrepresentation.