Supreme Court allows pension severance for officials retiring after receiving a substitute payment for terminated employment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the lower court's dismissal of Bożena K.'s claim for a pension severance payment against the Regional Trade Inspection Office. The plaintiff had terminated her employment due to administrative reorganization and received a monetary substitute payment under Article 131 of the Public Officials Act before acquiring her pension rights. The court ruled that the statutory requirement for a direct temporal link between job loss and retirement does not exist, as the severance is tied to the acquisition of pension rights rather than the immediate moment of termination. Consequently, the plaintiff was entitled to the one-time severance payment despite the intervening period of receiving the substitute benefit.
Legislator headnote
AI generatedArt. 28 ust. 1 ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych; Art. 131 ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych: The right to a pension severance payment is acquired by a public official upon obtaining pension rights, regardless of whether this occurs immediately after employment termination or after a period of receiving a monetary substitute payment for the terminated contract.