Supreme Court dismisses cassation, ruling pension right date is not claim date but condition fulfillment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the effective date of a worker's pension entitlement. The lower courts had determined the right arose from the claim date, while the Social Insurance Institution argued it required cessation of sick leave. The Court ruled that the claim date is irrelevant for establishing the right, which only arises when all conditions are met, including the absence of concurrent sick pay. Consequently, the pension right was established retroactively to January 1, 1996, despite the applicant later receiving sick benefits.
Legislator headnote
AI generatedArt. 76 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 99 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The date of acquiring the right to a pension is determined by the fulfillment of all statutory conditions, not by the date of filing the application, and the receipt of sick pay does not preclude the retroactive acquisition of pension rights if conditions were met prior to the sick leave.