Legislator Case Law & Legislation
III UZP 1/03 AI generated

Social Insurance Fund allowed to refuse pension calculation when applicant lacks required employment period.

Case Number III UZP 1/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
Social Insurance Fund pre-retirement benefit employment period pension calculation ex lege right declaratory decision agricultural work

Cited Legislation

AI generated
Art. 100 ust. 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 116 ust. 1 and 3 of the Act on Pensions and Allowances from the Social Insurance Fund

Cited Case Law

AI generated
III UZP 11/89
III AUa 1989/01

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text