I PKN 372/98
AI generated
Supreme Court dismissed pension bonus claim for 45 years as retroactive application of new law was invalid.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a pension bonus for 45 years of service. The lower courts ruled that the specific bonus for this duration was established by a law effective only after the plaintiff retired. The Court affirmed that the right to the bonus could not be acquired retroactively under the new regulation, rejecting arguments based on equity or good faith.
Legislator headnote
AI generated§ 9 of the Minister of Labour and Social Policy Decree of December 23, 1989; The right to a pension bonus for a specific period of employment may be claimed only if the legal basis for that bonus was established prior to the termination of the employment relationship, prohibiting retroactive application of new regulations.
Keywords
AI generated
pension bonus retroactivity
employment termination
retroactive application of law
good faith clause
statutory interpretation
employment law
supreme court ruling
Cited Legislation
AI generated§ 9 of the Minister of Labour and Social Policy Decree of December 23, 1989
Article 23, Section 1, Item 6 of the Act of September 16, 1982 on employees of state offices
Act of December 2, 1994 amending the Act on employees of state offices
Article 8 of the Civil Code