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II UKN 490/00 AI generated

Supreme Court dismisses pension claim, ruling retirement periods are calculated under current law for those reaching age after new law.

Case Number II UKN 490/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the petitioner's cassation appeal regarding his entitlement to a railway pension. The petitioner argued that periods spent in a party organization should count as railway employment, but the court found these periods do not meet the statutory definition of railway work. Consequently, the court applied the 1998 Social Insurance Act to the petitioner because he reached retirement age after its enactment, rejecting the application of older laws. The decision established that special pension rights are calculated based on the law in force at the time of retirement, not at the time of employment.

Legislator headnote

AI generated

Art. 40 ust. 2; Art. 186 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Special pension entitlements are calculated according to the provisions of the law in force at the time the person reaches retirement age, not according to the rules applicable at the time of employment.

Keywords

AI generated
railway pension entitlement retirement age calculation social insurance law acquired rights principle periods of employment cassation appeal dismissal statutory interpretation

Cited Legislation

AI generated
Art. 40 ust. 2 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 186 ust. 2 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 186 ust. 3 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 41 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 43 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 44 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 45 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 6 ust. 1 pkt 1 of the Act of 23 January 1968 on pension provision for railway workers and their families
Art. 393 § 12 of the Code of Civil Procedure

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