II UKN 149/99
AI generated
Supreme Court quashes appeal ruling that a teacher voluntarily resigning for pension must wait for court proceedings to end.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision and remanded the case for retrial regarding a teacher's pension claim. The teacher voluntarily resigned from her position to pursue a pension, but the social insurance office denied benefits due to insufficient service years. The court held that the teacher could not be forced to passively wait for litigation to conclude, as doing so would jeopardize her livelihood and the pension award.
Legislator headnote
AI generatedArt. 88 ust. 1 Karty Nauczyciela; A teacher who voluntarily resigns to seek a pension and faces a denial of benefits is not required to passively await the conclusion of court proceedings, as such a delay would endanger their means of subsistence.
Keywords
AI generated
voluntary resignation
teacher pension
social insurance office
means of subsistence
procedural delay
Karta Nauczyciela
remand for retrial
Cited Legislation
AI generatedArt. 88 ust. 1 Karty Nauczyciela
art. 39313 KPC
art. 3931 pkt 2 KPC
art. 379 pkt 2 w związku z art. 89 KPC
art. 371 KPC