Legislator Case Law & Legislation
II UKN 248/00 AI generated

Family pension right cannot be acquired if parent received benefits due to erroneous administrative decision without meeting statutory conditions.

Case Number II UKN 248/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Fund's cassation appeal against a lower court ruling granting a family pension to the deceased father's son. The lower courts had awarded the pension based on the father's established right to a disability pension, despite the father never having met the legal requirements for that benefit. The court held that a right to a family pension cannot be acquired from a parent who did not legally qualify for their own pension, even if benefits were erroneously granted by the administration.

Legislator headnote

AI generated

Art. 65 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 100 ust. 1 tej ustawy: A right to a family pension cannot be acquired by a family member if the deceased parent did not legally qualify for their own pension, as erroneous administrative decisions do not create substantive rights for successors.

Keywords

AI generated
family pension right erroneous administrative decision disability pension conditions acquisition of pension rights Social Insurance Fund legal qualification requirements cassation appeal dismissal

Cited Legislation

AI generated
Art. 65 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 100 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 393 § 15 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
TR III 838/58 (OSPiKA 1960 nr 7-8, poz. 183)
II UZP 22/78 (OSNCP 1979 z. 3, poz. 47)

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