Polish Supreme Court ruled that falsely denying receipt of a war disability pension constitutes intentional misrepresentation under pension law.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's cassation appeal against a Social Insurance Institution decision ordering the return of overpaid pension benefits. The applicant had applied for a workers' pension while falsely claiming he did not receive a concurrent war disability pension, resulting in double payment. The court held that this explicit false declaration constituted intentional misrepresentation under Article 106 of the Pension Law, making the overpayment recoverable regardless of the insurer's ability to verify the applicant's records.
Legislator headnote
AI generatedArt. 106 ust. 2 pkt 2 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; A false declaration denying receipt of a concurrent pension by a beneficiary constitutes intentional misrepresentation, rendering the overpaid amount recoverable.