Social security pension denied to business owner due to unpaid contributions during qualifying period.
Legislator summary
AI generatedThe Supreme Court dismissed the pension applicant's cassation appeal against the Social Insurance Fund's refusal of a disability pension. The court found that the applicant failed to pay social security contributions for the required five-year period, resulting in an insufficient insurance record of only four years and two months. Consequently, the court ruled that the statutory provision allowing for back-payment of contributions does not apply when the applicant is in arrears for the specific period necessary to acquire pension rights.
Legislator headnote
AI generatedArt. 16 ust. 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 23 ust. 1 ustawy o ubezpieczeniu społecznym: The provision regarding the calculation of insurance periods applies only to persons who are not in arrears with contributions for the periods required to acquire the right to a pension or annuity.