Legislator Case Law & Legislation
II UK 42/04 AI generated

Foreign teacher's pension claim rejected as work abroad did not meet special character requirements under Teacher's Card.

Case Number II UK 42/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a teacher's pension claim based on foreign service. The applicant argued that his time teaching at a school attached to a foreign employer should count as special character work under the Teacher's Card Act. The court ruled that since the specific legal provision recognizing such work as special character had not yet entered into force at the time his employment ended, the necessary conditions for the pension were not met.

Legislator headnote

AI generated

Art. 88 ust. 1 Karty Nauczyciela; Art. 32 ust. 3 pkt 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Work performed abroad by a teacher does not constitute work of a special character unless the specific legal conditions for such recognition were in force at the time the employment relationship ceased.

Keywords

AI generated
Teacher's Card Act special character work pension eligibility foreign employment retirement conditions

Cited Legislation

AI generated
Art. 88 ust. 1 Karty Nauczyciela
Art. 32 ust. 3 pkt 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 100 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 393 k.p.c.
art. 3931 k.p.c
art. 32 Konstytucji RP
art. 382 k.p.c
art. 391 § 1 k.p.c
art. 233 § 1 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated

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