Family pension denied to relatives of deceased self-employed worker covered by employee insurance scheme.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the family's appeal for a work accident pension, ruling that the deceased was covered by employee social insurance rather than self-employed insurance. The court held that the statutory priority of employee insurance excluded the deceased from self-employed coverage and its associated benefits. Consequently, the family was entitled only to general employee benefits, not the more favorable self-employed accident pension.
Legislator headnote
AI generatedArt. 2 ust. 1 pkt 1 ustawy z dnia 18 grudnia 1976 r. o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 5 pkt 5 tej ustawy; When a worker is covered by both employee and self-employed insurance, the employee insurance takes precedence, thereby excluding the worker from self-employed coverage and denying family members the specific accident pension associated with that scheme.