Supreme Court dismissed cassation, ruling new pension law does not retroactively alter teacher tenure rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher against the Social Insurance Institution regarding his right to a teacher's pension. The court held that the new pension law, which excluded sick leave and health leave from the required service period, could not be applied retroactively to periods of employment before its enactment. Consequently, the court reaffirmed the established judicial interpretation that such periods of non-work due to illness or health leave must be included in the calculation of the teacher's service tenure.
Legislator headnote
AI generatedArt. 32 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 88 ust. 1 Karty Nauczyciela: The new statutory regulation regarding pension eligibility does not have retroactive effect on the evaluation of rights acquired prior to its entry into force, thereby preserving the established judicial interpretation that periods of non-work due to illness or health leave are included in the teacher's service tenure.