Legislator Case Law & Legislation
II UKN 90/00 AI generated

Supreme Court allows family pension for child in foster care for over a year before foster parent's death.

Case Number II UKN 90/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the applicant's cassation request, granting her son a family pension from his deceased foster grandfather. The lower courts had denied the claim because the child already received a pension from his natural father. The Court ruled that placing a child in foster care for at least one year before the foster parent's death creates a stable relationship sufficient to trigger social insurance benefits, provided the child lacks entitlement from natural parents.

Legislator headnote

AI generated

Ustawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Kodeks rodzinny i opiekuńczy: When a child placed in foster care by a court for at least one year before the foster parent's death acquires the right to a family pension from that parent if no right exists from natural parents.

Keywords

AI generated
family pension entitlement foster care duration social insurance benefits court order placement natural parent priority

Cited Legislation

AI generated
art. 40 of the Act of 14 December 1982 on pension provision for employees and their families
art. 145 et seq. of the Family and Guardianship Code
art. 109 § 2 in conjunction with art. 146 and art. 149 § 4 of the Family and Guardianship Code
art. 1121 of the Family and Guardianship Code
art. 393 § 15 of the Code of Civil Procedure

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