Legislator Case Law & Legislation
II UKN 656/00 AI generated

Supreme Court dismissed cassation as the applicant filed the pension claim before the new law's effective date.

Case Number II UKN 656/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
mining disability pension Social Insurance Fund law acquisition of rights cassation appeal dismissal pension claim filing date sick pay cessation legal transition period

Cited Legislation

AI generated
Art. 186 ust. 2 pkt 2 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 3931 of the Code of Civil Procedure
Art. 12 of the Act of February 1, 1983 on pension provision for miners and their families
Art. 24 in conjunction with Art. 76 of the Act of December 14, 1982 on pension provision for employees and their families

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