Legislator Case Law & Legislation
II UZ 83/01 AI generated

Supreme Court dismissed appeal on military pension deduction, ruling it is not a legal suspension of benefits.

Case Number II UZ 83/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal regarding a military pension deduction of 4,127.64 PLN. The lower court rejected the appeal because the disputed amount fell below the statutory ten-thousand PLN threshold for property rights disputes. The Supreme Court clarified that a deduction for overpayment does not constitute a legal suspension of benefits required for the appeal's admissibility.

Legislator headnote

AI generated

art. 3921 § 1 KPC; art. 3931 KPC: A deduction of benefits for overpayment is not considered a legal suspension of benefits for the purpose of admissibility of cassation appeals in social insurance disputes.

Keywords

AI generated
military pension deduction cassation admissibility threshold legal suspension of benefits overpayment recovery property rights dispute

Cited Legislation

AI generated
art. 3921 § 1 KPC
art. 3931 KPC
art. 397 § 2 KPC
art. 385 KPC
art. 134 of the Act on pensions and allowances from the Social Insurance Fund
art. 138 of the Act on pensions and allowances from the Social Insurance Fund

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