Social Security Court ruled that pension base amount must remain unchanged when upgrading disability group from III to II.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court resolved a legal question regarding the calculation of disability pension increases upon upgrading from Group III to Group II. The applicant argued for using a newly calculated base amount, while the Social Security Institution maintained the original base from the Group III period. The court held that the base amount must remain the one previously established for the Group III pension, adjusted only by the statutory percentage increase.
Legislator headnote
AI generatedArt. 7 ust. 5 ustawy o rewaloryzacji; Art. 8 ust. 1 pkt 1 ustawy o rewaloryzacji: When upgrading a disability pension from Group III to Group II, the base amount used for calculation must be the one that served as the basis for the Group III pension, not a newly calculated figure.