Supreme Court dismissed cassation as the applicant filed the pension claim before the new law's effective date.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the Social Insurance Institution against the appellate court's decision granting a miner's disability pension. The applicant had filed for the pension before January 1, 1999, thereby meeting the conditions for the old mining pension law rather than the new Social Insurance Fund law. The court ruled that the new law's requirement to cease receiving sick pay only applies to those who filed their claims after the law's effective date, distinguishing between the acquisition of rights and their realization.
Legislator headnote
AI generatedArt. 186 ust. 2 pkt 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 3931 KPC: The new Social Insurance Fund pension law does not apply to individuals who filed for benefits before its effective date, as the conditions for acquiring the right were satisfied under the previous legislation.