Supreme Court dismissed cassation; retroactive pension increase based on unprocessed claim is not an official decision under Art. 101 ust. 1 pkt 2.

The Supreme Court dismissed the cassation against a decision granting a higher disability pension retroactively to the date of an unprocessed claim. The Social Insurance Institution argued that this retroactive adjustment constituted an 'official decision' under Article 101 of the Pension Act, which requires a prior erroneous decision. The court held that a decision issued on the agency's own initiative to resolve a previously unaddressed claim does not qualify as an official decision for retroactive limitation purposes, regardless of the time elapsed. Consequently, the applicant was entitled to the higher pension from the date of her original claim submission.