Supreme Court dismissed appeal; teacher's right to pension is acquired upon meeting statutory conditions, not employment termination.
Legislator summary
AI generatedThe Supreme Court dismissed the teacher's cassation appeal regarding the shortening of health leave for pension preservation. The lower courts ruled that the teacher could only receive leave until the month preceding her pension transition, as she had already met the statutory conditions to acquire the right to a pension. The Court held that acquiring the right to a pension is automatic upon fulfilling legal requirements, making the termination of the employment contract merely a condition for exercising the pension right, not for acquiring it.
Legislator headnote
AI generatedArt. 73 ust. 1 Karty Nauczyciela; Art. 88 ust. 1 Karty Nauczyciela: The right to a pension is acquired by a teacher upon meeting statutory conditions, independent of the termination of the employment contract, which is only a prerequisite for exercising that right.