Supreme Court dismissed cassation; mining work does not double-count for general pension unless mining pension is granted.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a miner against the Social Insurance Institution regarding his early retirement rights. The applicant argued that his 38 years of service, including mining work, should be calculated at 1.5 times to meet the 40-year requirement, but the court found this incorrect. The court ruled that the special provisions allowing double-counting of mining work only apply when the individual is entitled to a specific mining pension or allowance, which the applicant did not claim.
Legislator headnote
AI generatedArt. 6 ust. 1 i 4 ustawy o zaopatrzeniu emerytalnym górników; Special provisions for double-counting mining work apply only when entitlement to a mining pension or allowance is established, not for general employee pension calculations.