Supreme Court dismisses request for Social Security Office to re-evaluate pension eligibility for transfer to Germany.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the legal question regarding whether periods of employment in former Czechoslovakia should be considered for pension transfer to Germany. The applicant had received a pension based on pre-1999 social security laws, while the Social Security Office refused transfer, claiming a need for re-evaluation under the 1998 Social Insurance Fund Act. The court ruled that the relevant international treaty and existing statutes do not authorize the office to re-assess eligibility for benefits already granted under the old regime.
Legislator headnote
AI generatedArt. 5 of the Poland-Germany Social Security Agreement; Art. 115 ust. 2 pkt 1, 2 in conjunction with Art. 8 of the Social Insurance Fund Act: The Social Security Office lacks authority to re-evaluate the eligibility of a pension recipient for transfer to another country based on provisions applicable prior to the enactment of the new Social Insurance Fund Act.