Legislator Case Law & Legislation
II UKN 598/00 AI generated

Supreme Court dismissed pension appeal, ruling pension rights depend on full-time special conditions, not subjective belief.

Case Number II UKN 598/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Kazimierz M. against a decision denying him a pension based on special working conditions. The applicant argued that his work involved special conditions for 70% of the time, but the court found the lower courts correctly determined he worked in an office for the remaining 30%. The court ruled that pension eligibility requires strict compliance with statutory conditions, specifically full-time work in special conditions, rather than the applicant's subjective belief that his role met the criteria.

Legislator headnote

AI generated

§ 2 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.; Art. 393 § 15 k.p.c. The right to a pension based on special working conditions is determined by the objective fulfillment of all statutory prerequisites, including full-time work in such conditions, and not by the employee's subjective conviction regarding the nature of their duties.

Keywords

AI generated
pension eligibility criteria special working conditions full-time employment requirement subjective belief invalidity cassation procedural limits administrative law review statutory interpretation

Cited Legislation

AI generated
§ 2 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r. w sprawie wieku emerytalnego dla pracowników zatrudnionych w szczególnych warunkach lub w szczególnym charakterze
art. 393 § 15 k.p.c.
art. 393 § 12 k.p.c.

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