Supreme Court dismisses pension appeal; care period for war invalid counts as employment only if caregiver is also a war invalid.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's denial of a disability pension to Elżbieta P. The court found that while her husband was a war invalid, she failed to prove any employment period in the decade preceding her disability claim. The court ruled that care periods for war invalids only count as equivalent employment if the caregiver themselves holds the status of a war invalid, which she did not. Consequently, the lack of prior employment rendered the care period legally irrelevant for pension eligibility.
Legislator headnote
AI generatedArt. 11 ust. 2 pkt 9 ustawy o z.e.p.; Art. 24 ust. 4 ustawy o z.e.p.; Art. 33 ust. 2 ustawy o z.e.p.: A period of care for a war invalid counts as equivalent employment only if the caregiver is also a war invalid, and such periods cannot be added if no prior employment exists.