II UKN 389/98
AI generated
Supreme Court allows farmer's pension claim by ruling residence and work hours are not required for social insurance status.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the appellate court's decision denying a farmer's pension to Zygmunt D. The court found the lower court erred by requiring the applicant to reside on the farm and work full-time, facts which were not properly examined. The decision was reversed because the law does not condition social insurance status on physical residence or specific work hours, allowing the case to be re-evaluated.
Legislator headnote
AI generatedArt. 1, 6 pkt 1 i 16 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; The acquisition of a farmer's status under social insurance is not contingent upon residing on the farm or the scope of agricultural work performed within one's own farm.
Keywords
AI generated
farmer social insurance
pension eligibility criteria
residence requirement invalid
agricultural work scope
double insurance system
Supreme Court cassation
social security status
Cited Legislation
AI generatedArt. 1, 6 pkt 1 i 16 of the Act of December 20, 1990 on social insurance of farmers
Art. 14 of the Act on social insurance of employees
Art. 6 ust. 8 of the Act of October 17, 1991 on revaluation of pensions and allowances
Art. 15 ust. 3 and ust. 3a, 3b of the Act on revaluation of pensions and allowances
Art. 20 of the Act on social insurance of farmers
Art. 228 § 2 of the Code of Civil Procedure
Art. 5 of the Act on revaluation of pensions and allowances