Social Security Court dismisses appeal; pension suspension income calculated independently of prior contribution base.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a lawyer against the suspension of her pension due to continued business activity. The lower court suspended payments based on declared income, while the Social Security Institution initially relied on the contribution base established before the pension right was granted. The court ruled that the statutory provision suspending pensions for self-employed individuals requires income to be calculated independently of the prior contribution base, regardless of voluntary insurance continuation. Consequently, the pension suspension was upheld because the declared income exceeded the threshold, and the cassation was rejected.
Legislator headnote
AI generatedArt. 104 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 194 ustawy o emeryturach i rentach: The income amount determining pension suspension for self-employed persons is calculated independently of the contribution base declared before or after the pension right is granted.