Legislator Case Law & Legislation
I PK 72/03 AI generated

Supreme Court dismissed appeal; teacher's right to pension is acquired upon meeting statutory conditions, not employment termination.

Case Number I PK 72/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
teacher pension rights health leave shortening employment contract termination statutory conditions acquisition cassation appeal dismissal

Cited Legislation

AI generated
Art. 73 ust. 1 Karty Nauczyciela
Art. 88 ust. 1 Karty Nauczyciela
Art. 393 k.p.c.
Art. 102 k.p.c.
art. 39311 § 1 k.p.c
art. 3931 pkt 2 k.p.c
art. 39312 k.p.c
art. 102 k.p.c

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