Legislator Case Law & Legislation
II UK 51/02 AI generated

Social security court dismissed pension claim due to insufficient contribution periods for farmers under specific statutory rules.

Case Number II UK 51/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying the applicant's pension based on insufficient contribution periods. The applicant argued that periods of farming and unpaid leave should count as contribution periods under specific agricultural and social security laws. The court ruled that only periods where contributions were actually paid or explicitly defined as contribution periods by law could be considered, rejecting the applicant's interpretation of unpaid farming time and leave.

Legislator headnote

AI generated

Art. 10 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 40 ustawy o zaopatrzeniu emerytalnym rolników; Art. 6 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Contribution periods for farmers are strictly limited to those where contributions were paid, excluding unpaid farming periods and leave periods unless explicitly defined as contribution periods by law.

Keywords

AI generated
social security contribution periods farmers pension entitlement unpaid farming time exclusion leave period classification pension calculation basis

Cited Legislation

AI generated
Art. 10 ust. 1 pkt 1 of the Act on pensions and allowances from the Social Insurance Fund
Art. 40 of the Act on pension provision and other benefits for farmers and their families
Art. 6 ust. 2 of the Act on pensions and allowances from the Social Insurance Fund
Art. 227 of the Code of Civil Procedure
Art. 228 of the Code of Civil Procedure
Art. 241 of the Code of Civil Procedure
Art. 393 of the Code of Civil Procedure
art. 3931 k.p.c
art. 67 ust. 1 Konstytucji
art. 5 k.c

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