Supreme Court dismisses cassation; pension suspension based on wrong legal basis regarding disability status.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that restored a disability pension. The appellant argued that the first-instance court incorrectly applied Article 23 and 24 of the Pensions Act, while the appellate court correctly identified Article 102 and Article 78 as the proper legal grounds for suspending the pension. The Supreme Court agreed with the appellate court's reasoning, noting that the appellant failed to challenge the correct statutory basis, thereby upholding the decision to restore the pension rights.
Legislator headnote
AI generatedArt. 23, 24 ust. 2 pkt 1, 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 102, 78 ust. 1 tej ustawy; The correct legal basis for suspending a disability pension is Art. 102 in conjunction with Art. 78, not Art. 23 and 24, which govern the definition of disability status.