Supreme Court allows pension claim by recognizing foreign work periods as special conditions work.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling granting early retirement to a worker. The applicant had worked in Havana, Cuba, and the Social Insurance Institution initially denied his claim due to a lack of fifteen years of work under special conditions. The Court ruled that periods of work abroad for listed positions, recognized as contributory periods, must be included regardless of the employer's location. Consequently, the Court held that the regulation applies to foreign employers and allowed the pension claim.
Legislator headnote
AI generated§ 4 ust. 1 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.; art. 32 ust. 4 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Periods of work abroad for positions listed in the annex to the regulation on early retirement for workers in special conditions are included in the required period of work in special conditions, provided they are recognized as contributory periods, irrespective of the employer's nationality or location.