Social security pension claim dismissed due to retroactive application of new law excluding late applicants born after 1948.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of a pension claim filed after December 31, 1998, by a woman born in 1956. The applicant argued that the old regulations allowing early retirement for caregivers should apply retroactively, but the lower courts held the new 1998 law excluded her due to her birth date. The Supreme Court found the lower courts erred by ignoring a Constitutional Court ruling that invalidated the age restriction for late applicants, thereby establishing that the new law applies to her case.
Legislator headnote
AI generatedArt. 186 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych z dnia 17 grudnia 1998 r.; The new social security law applies to pension applications filed after its entry into force by persons born after December 31, 1948, who met all eligibility conditions on January 1, 1999, despite the Constitutional Court ruling invalidating the age-based exclusion for late applicants.