Legislator Case Law & Legislation
II UKN 132/99 AI generated

Social security court dismisses appeal; deduction of unpaid contributions requires prior entitlement to pension benefits.

Case Number II UKN 132/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
social security contributions family pension entitlement self-employed insurance periods cassation appeal dismissal deduction of arrears insurance record calculation social security law

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 15 ust. 2, 3 of the Social Security Act for Self-Employed Persons
Art. 16 ust. 2, 3 of the Social Security Act for Self-Employed Persons
Art. 2 ust. 2 pkt 13 of the Revaluation Act
Art. 37 of the Social Security Act for Self-Employed Persons

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text