Supreme Court dismissed cassation; pension suspension notice in initial decision satisfies three-month pre-termination warning rule.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a disabled pensioner against a social insurance fund decision. The applicant argued that the fund failed to inform him of the suspension and conditions for reinstating his pension within the required three-month window before the right expired. The court held that providing this information in the initial decision establishing the pension right fulfilled the statutory obligation, as the regulation sets a maximum deadline rather than a mandatory minimum timing for such notifications.
Legislator headnote
AI generatedArt. 102 ust. 1 ustawy o emeryturach i rentach z FUS; § 10 rozporządzenia Ministra Pracy i Polityki Socjalnej: The obligation to inform a beneficiary of pension suspension conditions and reinstatement terms is satisfied if provided in the initial decision establishing the right, as the regulation establishes a maximum deadline rather than a mandatory minimum timing.