Social Security Court rules repatriant pension must be minimum rate due to lack of domestic contributions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court resolved a dispute regarding the pension calculation for a repatriant who worked abroad without paying Polish social security contributions. The applicant argued for a miner's pension based on foreign earnings, while the Social Security Institution initially granted only the minimum rate. The court determined that because the applicant never paid domestic contributions, the specific rules for calculating foreign earnings could not apply, necessitating the minimum pension rate under the general provisions.
Legislator headnote
AI generatedArt. 23 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 16 ust. 4 ustawy o repatriacji: When a repatriant has not paid social security contributions in Poland, the pension must be calculated at the minimum rate, as the provisions allowing for the use of foreign earnings apply only to those who paid domestic contributions.