Legislator Case Law & Legislation
III UZP 9/03 AI generated

Supreme Court allows pension for female artist born before 1949 with 30 years of creative activity.

Case Number III UZP 9/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding pension eligibility for a female artist born before January 1, 1949, who had 30 years of creative activity. The Social Insurance Institution initially denied the pension, arguing that Article 29 of the Social Insurance Pensions Act did not apply to non-employee creators, while the lower court granted it based on equal treatment principles. The Court ruled that Article 33 of the Act establishes a general rule equating such creators with employees, thereby allowing the claimant to receive the pension upon reaching age 55.

Legislator headnote

AI generated

Art. 29 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 33 tej ustawy: Persons born before January 1, 1949, insured for 30 years due to creative or artistic activity, are entitled to a pension upon reaching age 55, as they are legally equated with employees performing such work.

Keywords

AI generated
pension eligibility creative activity social insurance law equal treatment non-employee status age 55 requirement Supreme Court ruling

Cited Legislation

AI generated
Art. 29 ust. 1 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 33 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund

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