Legislator Case Law & Legislation
II UKN 53/01 AI generated

Supreme Court dismissed pension claim, ruling separate special work periods cannot be combined for early retirement. Early retirement requires meeting specific age and duration criteria for each work category. The court held that periods in different special work lists cannot be aggregated. The applicant failed to meet the 20-year requirement for the 50-year-old retirement age. The decision clarifies that distinct work categories have independent eligibility thresholds. Combining periods from different lists is not permitted under the regulation. The applicant's claim was rejected due to non-compliance with statutory requirements.

Case Number II UKN 53/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Aleksandra J. against the Social Insurance Office's refusal to grant early retirement. The applicant had worked 15 years in a special category (coal processing) and 5 years in another (galvanizing), arguing these periods could be combined to meet the 20-year threshold for a 50-year-old retirement age. The court ruled that the relevant regulation explicitly prohibits combining periods from different special work lists because each category has distinct eligibility criteria and age requirements. Consequently, the applicant's claim was rejected as she did not satisfy the specific conditions for either work category independently.

Legislator headnote

AI generated

Dz.U. Nr 8, poz. 43 ze zm.; The regulation on early retirement for workers in special conditions or character stipulates that periods of work in different special work lists cannot be combined, and eligibility depends on meeting specific age and duration thresholds for each category independently.

Keywords

AI generated
early retirement pension special work conditions work period aggregation Social Insurance Office Supreme Court cassation eligibility criteria regulation interpretation

Cited Legislation

AI generated
Dz.U. Nr 8, poz. 43 ze zm. (rozporządzenie Rady Ministrów z dnia 7 lutego 1983 r. w sprawie wieku emerytalnego dla pracowników zatrudnionych w szczególnych warunkach lub w szczególnym charakterze)
art. 393 § 12 k.p.c.

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