Supreme Court dismissed pension claim due to incorrect calculation of non-contributory periods under Social Insurance Act.
Legislator summary
AI generatedThe 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 generatedArt. 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.