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