II UK 143/03 AI generated

Supreme Court dismissed pension claim because training allowance does not count as contributory period.

Case Number II UK 143/03

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2003-10-28

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Leszek D. against a lower court decision denying his right to a disability pension. The court found that the training allowance received between August and September 2001 did not constitute a contributory period under the relevant social security laws. Consequently, the required 18-month gap between the end of the contributory period and the onset of disability was not met, leading to the rejection of the claim.

Legislator headnote

AI generated

Art. 30 ust. 1 ustawy o zatrudnieniu i przeciwdziałaniu bezrobociu; Art. 6 ust. 1 pkt 2 ustawy o emeryturach i rentach z FUS: Only periods of unemployment benefit and scholarship count as contributory periods for disability pension eligibility, excluding separate training allowances.

Keywords

AI generated

social security pension contributory period training allowance disability pension unemployment benefit statutory interpretation gap requirement

Cited Legislation

AI generated

Art. 30 ust. 1 of the Act on Employment and Prevention of Unemployment of 14 December 1994

Art. 6 ust. 1 pkt 2 of the Act on Pensions and Allowances from the FUS

Art. 5 ust. 1 pkt 9 of the Act on Social Insurance of 13 October 1998

Art. 2 ust. 1 pkt 23 of the Act on Employment and Prevention of Unemployment of 14 December 1994

Art. 39312 of the Code of Civil Procedure

art. 233 § 1 k.p.c

art. 39312 k.p.c

Supreme Court dismissed pension claim because training allowance does not count as contributory period.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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