Supreme Court allows family pension for student who formally failed extension criteria but filed timely exception request.
Legislator summary
AI generatedThe Supreme Court partially allowed the applicant's cassation request, modifying the lower court's decision to grant a family pension for one year. The applicant argued that her timely submission of an exception request should override formal academic status issues, while the Social Insurance Fund contended that the statutory extension criteria were not met due to her repeated studies. The court ruled that although the applicant did not formally qualify for the statutory extension, the specific circumstances justified granting the pension under the exception procedure she had properly initiated.
Legislator headnote
AI generatedArt. 83, 124 ust. 1 k.p.a.; art. 68 ust. 2 ustawy o emeryturach i rentach z FUS; Art. 393 § 1 k.p.c.: Where a beneficiary formally fails statutory extension criteria due to special circumstances but timely requests an exception, the court may grant the benefit under the exception procedure despite the lack of formal qualification.