Military pension right terminated upon transfer to State Security Office under functional interpretation of pension law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former military officer against the denial of his military pension. The court found that while the applicant was transferred from the Polish Army to the State Security Office, this change did not constitute a break in service but rather a shift in service type. Consequently, the pension right expired because the functional interpretation of the relevant pension statute covers transfers to the State Security Office, just as it did for transfers to the former Secret Service or Police. The court rejected the argument that the State Security Office was a distinct category exempting the applicant from pension termination.
Legislator headnote
AI generatedArt. 55 ust. 2 of the Law on Pension Provision for Professional Soldiers and Their Families; Art. 38 ust. 1 pkt 2 of the Law on Pension Provision for Professional Soldiers and Their Families: The right to military pension ceases upon transfer to the State Security Office under a functional interpretation that equates this service with other public security services terminating pension eligibility.