II UKN 739/99
AI generated
Supreme Court allows family pension during student leave, ruling study status remains intact regardless of leave cause.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the appellate court's decision to classify family pension payments made during a student's leave as overpayments. The applicant argued that taking a leave of absence did not terminate his student status or right to the pension. The court held that the statutory definition of 'continuing education' encompasses the period of leave, meaning the applicant retained his rights and the payments were lawful.
Legislator headnote
AI generatedArt. 39 ust. 1 pkt 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 145 ustawy o szkolnictwie wyższym: A student retains the right to family pension during a leave of absence, as the leave does not interrupt the continuity of education or terminate student status regardless of the leave's cause.
Keywords
AI generated
family pension entitlement
student leave of absence
continuity of education
social security benefits
student status retention
overpayment determination
pension law interpretation
Cited Legislation
AI generatedArt. 39 ust. 1 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 145 of the Higher Education Act
Art. 106 ust. 2 pkt 1 of the Act on Pension Provision for Employees and Their Families
Art. 393 § 15 of the Code of Civil Procedure