Legislator Case Law & Legislation
II UKN 28/99 AI generated

Social security benefits for farmers are not suspended due to permanent residence abroad in a treaty country.

Case Number II UKN 28/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision suspending a farmer's pension due to residence in the USA. The applicant argued that international agreements between Poland and the US regarding benefit transfer should have been considered, but the lower courts incorrectly refused to transfer payments abroad. The court ruled that the right to benefits is not suspended by foreign residence and that the lack of a specialized foreign office within the farmer's insurance fund does not justify suspension.

Legislator headnote

AI generated

Art. 84 ust. 1 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 52 ust. 1 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników: The right to social security benefits for farmers is not suspended due to permanent residence abroad in a state with which Poland has concluded an agreement on the transfer of benefits.

Keywords

AI generated
social security benefits farmers insurance fund permanent residence abroad international benefit transfer pension suspension USA Poland agreement cassation appeal

Cited Legislation

AI generated
Art. 84 ust. 1 of the Act of 14 December 1982 on pension provision for employees and their families
Art. 52 ust. 1 of the Act of 20 December 1990 on social insurance of farmers
Art. 464 of the Code of Civil Procedure
Art. 49 of the Act of 14 December 1982 on pension provision for employees and their families
Art. 62 of the Act of 20 December 1990 on social insurance of farmers

Cited Case Law

AI generated

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