Social security court dismisses appeal; deduction of unpaid contributions requires prior entitlement to pension benefits.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social security fund decision denying family pension to the deceased's minor son. The court found that the father's business activity periods without paid contributions could not be counted as insurance periods for pension eligibility. Consequently, the deduction of unpaid contributions from the pension was impossible because the son never legally acquired the right to the pension itself.
Legislator headnote
AI generatedArt. 393 § 1 KPC; Art. 15 ust. 2, 3; Art. 16 ust. 2, 3 of the Social Security Act for Self-Employed Persons: Deduction of unpaid contributions from pension benefits is permissible only after the recipient's legal entitlement to those benefits is established, which excludes non-paid contribution periods from the insurance record.