Supreme Court allows pension claim by student absent due to justified reasons without formal excuse.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of a disability pension claim filed by a student who missed school lessons due to justified reasons. The applicant argued that his status as a student should not be lost merely because he lacked a formal excuse for his absence, while the lower courts held that unexcused absence meant he was no longer attending school. The court ruled that the statutory definition of 'attending school' does not require daily physical presence if the absence is objectively justified, thereby overturning the lower court's interpretation.
Legislator headnote
AI generatedArt. 63 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 233 § 1 KPC; A student registered in a school and not removed from the list is deemed to be attending school even if objectively justified reasons prevent daily regular participation in lessons.