Legislator Case Law & Legislation
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.

Case Number II UKN 521/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 41 ust. 3 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin
Art. 393 § 12 Kodeksu postępowania cywilnego

Cited Case Law

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