Supreme Court declared Ministry regulation granting prison service pensioners housing allowance invalid due to conflict with prison service law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review of a decision withholding a housing allowance from a retired prison officer. The court found that a Ministry regulation granting this benefit to pensioners contradicted the Prison Service Act, which reserves such allowances for active duty personnel. Consequently, the regulation lost its legal force on September 1, 1996, and could not justify the denial of the benefit.
Legislator headnote
AI generated§ 9 of the Ministry of Justice Order of May 29, 1992; Art. 89 of the Prison Service Act of April 26, 1996; Art. 29 § 1 of the Act on Pension Provision for Prison Service Officers of February 18, 1994. A regulation granting a monetary equivalent for lack of housing to prison service pensioners is incompatible with the Prison Service Act and the Act on Pension Provision, as these laws restrict such benefits to active-duty officers.