Supreme Court dismisses pension claim where mother remained employed despite child's health needs until 1998.
Legislator summary
AI generatedThe Supreme Court dismissed Jadwiga G.'s appeal against the Social Insurance Office's refusal of early retirement based on childcare. Although medical experts confirmed her son required constant care, the court ruled she failed to prove she was forced to stop working due to his health. The court held that employment termination must be independent of the pension decision, as the mother continued working until December 31, 1998, without interruption.
Legislator headnote
AI generatedArt. 186 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; § 1 rozporządzenia Rady Ministrów z dnia 15 maja 1989 r.: The condition for early retirement due to childcare requires an inability to work or necessity to stop work due to the child's health, meaning employment termination cannot depend on a positive pension decision.