Supreme Court remands case to determine if parental leave without benefit counts as inability to work for early pension.
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the appellate court for a new decision after finding the lower court's factual findings insufficient. The applicant, a mother receiving disability benefits, argued that her child's disability prevented her from working, while the Social Insurance Institution denied early pension rights based on statutory requirements. The Court noted that while the lower court incorrectly applied the law, it failed to establish whether the child was disabled before age 18, which is a prerequisite for the specific pension provision.
Legislator headnote
AI generatedDz.U. Nr 28, poz. 149; art. 186 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The period of parental leave without benefit may be recognized as inability to continue employment if granted in connection with care for a child meeting specific disability criteria, but the child's disability status prior to age 18 must be established.