Supreme Court dismissed pension recalculation appeal as prior law barred higher base calculation.
Legislator summary
AI generatedThe 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 generatedArt. 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.