Supreme Court dismissed widow's appeal, ruling family pension must be calculated based on hypothetical entitlement under general miners' law, not work accident law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the widow's cassation appeal regarding the calculation of her family pension. She argued for a rate equal to 85% of her deceased husband's actual work accident disability pension, which she claimed was higher than the standard. The court rejected this, holding that since her husband died from causes unrelated to the work accident, his family could not inherit rights under the work accident statute. Instead, the pension must be calculated based on what the husband would have received under the general miners' pension system, adjusted for revaluation. Consequently, the family pension was determined as a percentage of that hypothetical general entitlement rather than his actual accident-based pension.
Legislator headnote
AI generatedArt. 11 ust. 1 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent; Art. 26 ust. 1 ustawy wypadkowej: The right to a family pension for a deceased worker's family does not automatically transfer the specific status or type of the deceased's benefit if the death was not caused by the work accident, requiring calculation based on the general system applicable to the worker prior to death.