Legislator Case Law & Legislation
II UKN 726/99 AI generated

Supreme Court dismissed pension claim; failure to appoint agent abroad justified withholding payment under Social Security Act.

Case Number II UKN 726/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the pensioner's cassation appeal against a decision to withhold her pension due to her failure to appoint a representative abroad. The lower courts found that the pensioner moved to Germany without securing a residence permit, preventing the transfer of funds, and she later failed to designate an authorized recipient for payment. The court ruled that the withholding was legally justified under the Social Security Act and that procedural defects regarding the right to appeal did not affect the substantive outcome.

Legislator headnote

AI generated

Art. 102 ust. 1 pkt 5 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 84 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; failure to appoint a representative abroad or provide bank details justifies withholding pension payments.

Keywords

AI generated
pension withholding social security transfer foreign residence authorized recipient cassation appeal administrative procedure bank account details

Cited Legislation

AI generated
Art. 102 ust. 1 pkt 5 of the Act on Pension Provision for Employees and Their Families
Art. 84 ust. 3 of the Act on Pension Provision for Employees and Their Families
Art. 7 of the Code of Administrative Procedure

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