Legislator Case Law & Legislation
III ZP 16/99 AI generated

Retired judge retains veteran allowance and energy allowance rights despite receiving judicial salary instead of disability pension.

Case Number III ZP 16/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a retired judge receiving judicial salary retains the right to veteran and energy allowances. The Social Insurance Institution had paid a disability pension, but the court found no legal basis to transfer these specific allowances to the judicial salary system. The decision relied on the absence of a statute mandating the transfer of these benefits and the fact that they are funded by the state budget through social insurance funds.

Legislator headnote

AI generated

Art. 15 ust. 1 and Art. 20 ust. 2 of the Act on Veterans and Certain Persons Being Victims of War Repressions and the Postwar Period; A retired judge receiving judicial salary retains the right to veteran and energy allowances payable by the Social Insurance Institution, as no law mandates their transfer to the judicial salary system.

Keywords

AI generated
veteran allowance energy allowance retired judge judicial salary disability pension Social Insurance Institution state budget funding

Cited Legislation

AI generated
Art. 15 ust. 1 of the Act of January 24, 1991 on Veterans and Certain Persons Being Victims of War Repressions and the Postwar Period
Art. 20 ust. 2 of the Act of January 24, 1991 on Veterans and Certain Persons Being Victims of War Repressions and the Postwar Period
Art. 71 § 2 of the Act of June 20, 1985 on the Organization of Common Courts
Art. 24 of the Act of January 24, 1991 on Veterans and Certain Persons Being Victims of War Repressions and the Postwar Period

Cited Case Law

AI generated

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