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