Legislator Case Law & Legislation
II UKN 292/99 AI generated

Supreme Court allows full disability pension and judge's allowance to be paid independently without offsetting each other.

Case Number II UKN 292/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland reversed the lower court's decision to offset a judge's pension with a disability pension, ruling they must be paid in full. The applicant argued that the judge's allowance was a salary rather than a pension, while the Social Insurance Institution claimed the law required partial payment for concurrent benefits. The court held that since the judge's allowance was not a social insurance benefit, the statutory rule for offsetting pensions did not apply, mandating full payment for both.

Legislator headnote

AI generated

Art. 24 ust. 1 ustawy z dnia 12 czerwca 1975 r. o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; benefits acquired from social insurance and non-social insurance allowances (such as a judge's pension) do not offset each other, requiring full payment of both.

Keywords

AI generated
social insurance benefits concurrent benefits offsetting pensions judge's allowance disability pension full payment non-social insurance

Cited Legislation

AI generated
Art. 24 ust. 1 of the Act of 12 June 1975 on benefits in the event of work-related accidents and occupational diseases
Art. 711 § 6 of the Act of 20 June 1985 on the Organization of Ordinary Courts
Art. 148 pkt 4 lit. a of the Act of 29 December 1998 on pensions and disability benefits from the Social Insurance Fund

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