Legislator Case Law & Legislation
III UZP 2/04 AI generated

Military pensioner's right to pension after shortening service period and receiving lump sum compensation.

Case Number III UZP 2/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the timing of military pension payments for a soldier whose service period was shortened. The court found that the soldier acquired the right to a pension upon the last day of the lump-sum compensation period, not after the annual allowance period ended. Consequently, the pension could only be withheld during the remaining months of the annual allowance period, as the specific statutory provision did not extend the non-payment rule to the shortened service period.

Legislator headnote

AI generated

Art. 14 ust. 6 ustawy o przebudowie i modernizacji technicznej oraz finansowaniu Sił Zbrojnych; Art. 41 ust. 2 ustawy o zaopatrzeniu emerytalnym żołnierzy zawodowych: A soldier who receives a lump-sum compensation for a shortened service period acquires the right to a pension upon the expiration of the period for which the compensation was paid, and the pension may only be withheld during the remaining months of the annual allowance period.

Keywords

AI generated
military pension entitlement shortened service period lump sum compensation annual allowance period non-payment of pension service termination statutory interpretation

Cited Legislation

AI generated
Art. 14 ust. 6 of the Act on Reconstruction and Modernization of the Armed Forces of the Republic of Poland for the years 2001-2006
Art. 41 ust. 1 and ust. 2 of the Act on Provision of Pension for Professional Soldiers and Their Families
Art. 18 ust. 1 pkt 1 of the Act on Allowances for Soldiers
Art. 18 ust. 4 of the Act on Allowances for Soldiers
Art. 393 § 1 of the Code of Civil Procedure
art. 39314 § 1 k.p.c
art. 361 § 1 k.p

Cited Case Law

AI generated

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