Supreme Court dismissed cassation, ruling the 5-year insurance requirement for post-30 disability pensions is not unequal treatment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Zdzisław T. against a Social Insurance Office decision denying him a disability pension. The applicant argued that the statutory requirement for five years of insurance within the last ten years before disability constituted unequal treatment under the Constitution. The court rejected this claim, explaining that the specific insurance period requirement is a necessary condition for the right to benefits, ensuring that only those currently covered by the insurance fund receive payments.
Legislator headnote
AI generatedArt. 58 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The requirement for a five-year insurance period within the last ten years for disability pensions acquired after age 30 does not constitute unequal treatment but reflects the causal link between the right to benefits and the period of insurance coverage.