Social Security Court allows early retirement for post-1948 born workers based on 1998 law and Constitutional Court ruling.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court allowed the applicant's request for early retirement based on the 1998 Social Security Act and a Constitutional Court ruling. The applicant, born in 1957, argued that the lower courts incorrectly applied the 1989 regulation which required birth before 1949. The court held that the new law preserved previous rules for those born before 1949 but, due to the Constitutional Court's finding of a violation of acquired rights, requests filed after December 1998 by those born after December 1948 must be evaluated under the 1998 law.
Legislator headnote
AI generatedArt. 186 ust. 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 2 Konstytucji RP: Requests for early retirement filed after the new law's entry into force by persons born after December 31, 1948, must be evaluated under the law in force on that date, as the previous birth date requirement violates the principle of protection of acquired rights.