Social security court dismisses pension claim; statutory law requires application, not ex officio action.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's rejection of a widow's claim for early family pension payment. The applicant argued the social security office should have granted the benefit ex officio, but the court found the statutory law only allows such action upon a formal request. Since the applicant had been employed and did not submit a new application when the new law took effect, the court ruled the office was not obligated to act on its own.
Legislator headnote
AI generatedUstawa z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent, o zasadach ustalania emerytur i rent oraz o zmianie niektórych ustaw (Dz.U. Nr 104, poz. 450 ze zm.), art. 26 ust. 1 i 2; The social security authority is not obligated to grant a pension benefit ex officio to an individual who was not receiving any benefits on the day the relevant statute came into force.