Legislator Case Law & Legislation
II UKN 360/00 AI generated

Supreme Court dismissed pension recalculation appeal as prior law barred higher base calculation.

Case Number II UKN 360/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's refusal to recalculate a miner's pension. The applicant argued for a new calculation using a higher base wage, but the court found that prior law prohibited recalculation when the new base was not higher than the original one. Since the applicant was already receiving the suspended pension at the time the new law took effect, the conditions for a favorable recalculation were not met.

Legislator headnote

AI generated

Art. 332 of the 1991 Act on Pension Revaluation; Art. 110 of the 1998 Act on Pensions and Allowances: Recalculation of pensions is not permitted if the new base is not higher than the previous one, and the condition of non-receipt due to suspension does not apply if the pension was already being received when the new law entered into force.

Keywords

AI generated
pension recalculation base wage calculation suspended benefit prior law limitation cassation dismissal social security fund miner's pension

Cited Legislation

AI generated
Art. 332 of the Act of 17 October 1991 on pension revaluation, principles of determining pensions and changes to certain acts
Art. 110 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 7 of the Act of 17 October 1991 on pension revaluation, principles of determining pensions and changes to certain acts
Art. 8 of the Act of 17 October 1991 on pension revaluation, principles of determining pensions and changes to certain acts
Art. 39311 of the Code of Civil Procedure
Art. 39312 of the Code of Civil Procedure

Cited Case Law

AI generated

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