Legislator Case Law & Legislation
II UKN 704/99 AI generated

Social security court dismisses pension claim when disability arises after insufficient employment period under specific law.

Case Number II UKN 704/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Maria L.'s cassation appeal against a lower court's denial of a disability pension. The applicant argued that the 1976 Social Security Act exempted her from the five-year employment requirement because she ran a business, while the opposing party maintained that the 1982 Pension Act strictly required prior employment. The court ruled that the 1976 Act did not create an exemption from the employment period mandated by the 1982 Act, and since the applicant lacked the necessary employment history, the pension claim was invalid.

Legislator headnote

AI generated

Art. 9 ust. 1 ustawy z dnia 18 grudnia 1976 r. o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą; Art. 32 i 33 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin: The provision regarding self-employed persons does not exempt them from the employment period requirement for disability pensions established by the separate pension insurance law.

Keywords

AI generated
social security law disability pension employment period requirement self-employed persons cassation appeal statutory interpretation pension eligibility

Cited Legislation

AI generated
Art. 9 ust. 1 of the Social Security Act for Self-Employed Persons and Their Families of December 18, 1976
Art. 1 of the Pension Insurance Act for Employees and Their Families of December 14, 1982
Art. 32 of the Pension Insurance Act for Employees and Their Families of December 14, 1982
Art. 33 of the Pension Insurance Act for Employees and Their Families of December 14, 1982
Art. 195 pkt 4 of the Act on Pensions and Disability Benefits from the Social Insurance Fund of December 17, 1998

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