Supreme Court dismisses cassation; informal short-term lease does not bar full disability pension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Gertruda S. against the suspension of her agricultural disability pension. The court found that while S. inherited and took possession of a farm exceeding 3 hectares, she subsequently leased it on an informal, short-term basis without written form or registration. The court ruled that such a lease does not meet the strict statutory requirements to exclude a lessee from the definition of an agricultural operator, thus preventing the suspension of her full pension benefits.
Legislator headnote
AI generatedUstawa z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; Art. 28 ust. 4 pkt 3: A lessee of agricultural land is excluded from the definition of an agricultural operator only if the lease is written, lasts over ten years, and is registered in the land registry.