Legislator Case Law & Legislation
III ZP 38/00 AI generated

Polish Supreme Court allows academic teacher pension despite receiving retired judge allowance.

Case Number III ZP 38/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's appeal against a lower court ruling granting a university teacher a pension. The Social Insurance Institution argued that Article 711 § 6 of the Common Courts Organization Act barred receiving both a retired judge's allowance and a pension. The court held that this provision only excludes pensions for those whose sole source of income is the judge's allowance, not for those with separate employment. Consequently, the pension right was confirmed as compatible with the judge's allowance.

Legislator headnote

AI generated

Art. 711 § 6 Prawo o ustroju sądów powszechnych; The provision excluding pension rights for retired judges applies only to income derived from the judicial function itself, not to pensions earned from other employment.

Keywords

AI generated
pension rights retired judge allowance academic teacher Social Insurance Act acquired rights concurrent benefits statutory interpretation

Cited Legislation

AI generated
Art. 711 § 6 of the Common Courts Organization Act
Art. 27 of the Social Insurance Act
Art. 385 of the Code of Civil Procedure
art. 180 Konstytucji RP

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