Legislator Case Law & Legislation
II UKN 689/99 AI generated

Social security pension denied to business owner due to unpaid contributions during qualifying period.

Case Number II UKN 689/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
social security contributions business owner insurance pension eligibility insurance period calculation arrears of payments disability pension Supreme Court ruling

Cited Legislation

AI generated
Art. 16 ust. 2 of the Act of 18 December 1976 on social insurance of persons engaged in business activity and their families
Art. 23 ust. 1 of the Act of 18 December 1976 on social insurance of persons engaged in business activity and their families
Art. 11 ust. 1 of the Act of 14 December 1982 on pension provision for employees and their families
Art. 9 of the Act of 18 December 1976 on social insurance of persons engaged in business activity and their families
Art. 3931 § 1 of the Code of Civil Procedure

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