Supreme Court allows disability pension for student claiming permanent incapacity despite temporary nature.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against the appellate court's decision granting a disability pension to a student. The applicant had received a temporary student's pension based on total incapacity, but the lower court initially denied a permanent pension because the law did not explicitly provide for such benefits for students. The court ruled that the right to this specific type of pension is preserved if the total incapacity persists, even if the incapacity is legally characterized as temporary. Consequently, the applicant was awarded the permanent disability pension with a care allowance from November 1999.
Legislator headnote
AI generatedArt. 63 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 180 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: A person who acquired the right to a temporary student's disability pension retains that right if they remain totally and continuously incapacitated, even if the incapacity is of a temporary nature.