Legislator Case Law & Legislation
II UK 292/03 AI generated

Supreme Court allows pension when family pension overlaps with war invalidity pension rights.

Case Number II UK 292/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the appellant's appeal, overturning the lower court's dismissal of her pension claim. The appellant argued that the Social Security Act's general rule for overlapping benefits should apply to her case, where she received a family pension after her husband's death while simultaneously qualifying for a war invalidity pension. The court rejected the lower court's reliance on a specific exclusion clause, ruling that because the appellant did not hold a direct war invalidity pension herself, the general principle of choosing the higher benefit under the Social Security Act governed the situation.

Legislator headnote

AI generated

Art. 54 ust. 3 ustawy o zaopatrzeniu inwalidów wojennych i wojskowych; Art. 95 ust. 1, 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: In the event of overlapping rights to a pension and a family pension following a war invalid, only one benefit is granted, which must be the higher one or the one selected by the interested party.

Keywords

AI generated
overlapping social benefits war invalidity pension family pension rights Social Security Act pension selection rule Supreme Court ruling benefit consolidation

Cited Legislation

AI generated
Art. 54 ust. 3 of the Act on the Provision for War Invalids and Soldiers and Their Families
Art. 95 ust. 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 95 ust. 2 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 96 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 393 § 15 of the Code of Civil Procedure

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