Supreme Court dismissed miner's appeal, ruling income from retained work ability must be deducted from supplementary pension calculation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the miner's cassation appeal regarding the calculation of his supplementary pension. The court held that income derived from work performed using his retained work capacity must be deducted from the pension base, regardless of whether such work suspends or reduces the pension. The court reasoned that treating the miner as an employee earning a salary rather than a pensioner receiving a substitute for lost wages would lead to absurd legal conclusions. Consequently, the court affirmed the lower court's decision to exclude earnings from retained work ability from the compensation calculation.
Legislator headnote
AI generatedArt. 34 ust. 1, art. 186 ust. 3 of the Act on Pensions and Allowances from the Social Insurance Fund; The income obtained by a miner who suffered a work accident and did not acquire the right to a miners' pension must be deducted when calculating the supplementary pension, irrespective of whether it would suspend or reduce the pension.