Social security insurance period differs from mandatory insurance obligation period for disability pension eligibility.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's appeal regarding his disability pension claim, ruling that the mandatory insurance obligation period is not identical to the insurance period required for benefits. The court found the applicant failed to prove a five-year insurance period within the last decade, as he only worked four years and four months during that time. Consequently, the court held that Article 16 of the Social Insurance Act cannot be used to grant a pension based solely on the deduction of overdue contributions without prior right acquisition.
Legislator headnote
AI generatedArt. 16 ust. 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 15 ust. 2 tej ustawy: The period of mandatory social insurance obligation is not equivalent to the period of insurance required for acquiring the right to disability benefits, which depends strictly on the payment of contributions or exemption from such payment.