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