Legislator Case Law & Legislation
II UKN 565/01 AI generated

Supreme Court dismissed pension claim due to incorrect calculation of non-contributory periods under Social Insurance Act.

Case Number II UKN 565/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the pension applicant's claim for disability pension after finding a material legal error in the lower court's calculation. The applicant argued that her non-contributory periods should be fully counted alongside her three years and seven months of contributory periods to meet the five-year requirement. The court ruled that non-contributory periods must be calculated at one-third of the contributory periods within the same ten-year window, resulting in a total duration below the statutory threshold.

Legislator headnote

AI generated

Art. 5 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 57 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Non-contributory periods must be calculated at one-third of contributory periods within the same ten-year window to determine eligibility for disability pension.

Keywords

AI generated
Social Insurance Act disability pension contributory periods non-contributory periods eligibility threshold calculation error material law violation

Cited Legislation

AI generated
Art. 5 ust. 2 of the Social Insurance Act
Art. 57 ust. 1 of the Social Insurance Act
art. 39315 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text