Social Security Court dismissed backdated pension claim when error stemmed from employer, not Social Security Office. The court ruled that employer errors do not constitute Social Security Office errors. The decision clarifies that backdated payments are only due for Social Security Office errors. The court held that employer negligence does not trigger Social Security Office liability for backdated benefits. The ruling establishes that backdated payments require a Social Security Office error, not an employer one. The decision distinguishes between employer and Social Security Office liability for pension errors. The court found no Social Security Office error in the backdated pension decision. The judgment clarifies that employer errors do not justify backdated Social Security payments. The ruling limits backdated payments to cases of Social Security Office errors only.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court dismissed the cassation appeal filed by Zofia S. against a decision awarding her a backdated family pension. The Social Security Office had initially denied a work accident pension based on a protocol stating the death was not a work accident, but later granted a backdated pension after a court declared it a work accident. The court ruled that the initial denial was not an error by the Social Security Office because the employer's faulty certification prevented a different finding until the court's intervention. Consequently, the court held that the employer's negligence does not constitute a Social Security Office error, meaning no backdated payment is due under the relevant statute.
Legislator headnote
AI generatedArt. 101 ust. 1 ustawy z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; The court established that a decision based on unchallenged data cannot be deemed an organ error if that data is later found false, and that employer errors do not constitute Social Security Office errors requiring backdated payments.