Supreme Court dismissed pension claim; work in List C only increases pension, does not grant early retirement right.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Ewarysta W. against the Social Insurance Fund regarding his right to early retirement. The applicant argued that his work as a foreman qualified as work under special conditions listed in Annex C of the 1983 Government Ordinance, which he claimed entitled him to early retirement. The Court ruled that work listed in Annex C only increases the pension amount and does not constitute a prerequisite for obtaining the early retirement pension defined in Article 32 of the Social Insurance Fund Pensions and Allowances Act. Consequently, the Court upheld the lower court's finding that the applicant failed to meet the fifteen-year requirement in special conditions.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 3931 k.p.c.: Work listed in Annex C of the Government Ordinance on early retirement age for workers employed under special conditions or of a special character entitles only to a pension increase, not to the acquisition of the right to early retirement.