II UKN 521/98
AI generated
Divorced wife denied family pension after ex-husband's death without established alimony rights. Divorce ended marital community legally. Court dismissed appeal based on res judicata and statutory requirements.
Legislator summary
AI generatedThe Supreme Court dismissed the wife's cassation appeal regarding her claim for a family pension after her husband's death. Although the lower court found they lived together post-divorce, the Supreme Court ruled that a divorce legally ended the marital community required for such benefits. The court held that since she had no established alimony rights at the time of his death, she was ineligible, and the matter was already finally decided.
Legislator headnote
AI generatedArt. 41 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; The right to a family pension for a divorced spouse is contingent upon having established alimony rights at the time of the former spouse's death, as the legal concept of 'remaining in marital community' applies only to widows.
Keywords
AI generated
family pension eligibility
divorce consequences
res judicata principle
alimony rights requirement
marital community status
Supreme Court cassation
social security benefits
Cited Legislation
AI generatedArt. 41 ust. 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin
Art. 393 § 12 Kodeksu postępowania cywilnego