Social Insurance Fund allowed to refuse pension calculation when applicant lacks required employment period.
Legislator summary
AI generatedThe Supreme Court ruled that the Social Insurance Fund is authorized to refuse calculating a pension for the purpose of determining a pre-retirement benefit when the applicant fails to meet the mandatory employment period. The applicant, Jadwiga P., had worked in an agricultural household but was denied the benefit because the agency did not recognize this period as valid employment. The court distinguished between the legal right to a benefit, which arises automatically upon meeting conditions, and the administrative act of calculating it, which the agency may deny if conditions are not met.
Legislator headnote
AI generatedArt. 100 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 116 ust. 1 i 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The Social Insurance Fund may refuse to determine the amount of a pension for pre-retirement benefit purposes when the applicant does not fulfill the employment conditions required to acquire the right to the pension.