Legislator Case Law & Legislation
II UKN 416/97 AI generated

Disability arising during parental leave after 18 months post-employment does not qualify for railway disability pension.

Case Number II UKN 416/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying a railway disability pension to the applicant. The applicant argued that her disability, which occurred during parental leave, should be considered equivalent to railway employment under the relevant pension law. The court ruled that while parental leave is treated as equivalent to railway work for general pension purposes, it does not satisfy the specific 18-month post-employment requirement for this particular pension benefit.

Legislator headnote

AI generated

Art. 13 ust. 1 pkt 6 ustawy z dnia 28 kwietnia 1983 r. o zaopatrzeniu emerytalnym pracowników kolejowych i ich rodzin; Art. 8 ust. 1 pkt 1 ustawy z dnia 28 kwietnia 1983 r. o zaopatrzeniu emerytalnym pracowników kolejowych i ich rodzin: Disability acquired during parental leave after the expiration of 18 months from the end of employment does not constitute equivalent railway employment for the purpose of claiming a railway disability pension.

Keywords

AI generated
railway disability pension parental leave equivalence 18 month employment rule contribution period requirements disability acquisition timing

Cited Legislation

AI generated
Art. 13 ust. 1 pkt 6 of the Act of April 28, 1983 on pension provision for railway employees and their families
Art. 8 ust. 1 pkt 1 of the Act of April 28, 1983 on pension provision for railway employees and their families
Art. 393 12 of the Code of Civil Procedure

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