Legislator Case Law & Legislation
II UK 247/04 AI generated

Military professional excluded from mandatory social insurance during transition period due to legislative gap.

Case Number II UK 247/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the insured's cassation appeal and denied his request for legal costs. The insured, a military professional, argued that he should only be covered by voluntary insurance while serving before the new Social Insurance Act took effect. The court ruled that a legislative gap existed preventing mandatory dual coverage for such individuals during the specific transition period from 1999 to 1999. Consequently, the court held that the insured was not subject to mandatory social insurance obligations from any title during that timeframe.

Legislator headnote

AI generated

Art. 9 ust. 1 ustawy o systemie ubezpieczeń społecznych; Art. 9 ust. 8 ustawy o systemie ubezpieczeń społecznych: A legislative gap existed preventing military professionals serving before the new Social Insurance Act from being subject to mandatory social insurance obligations from any title during the transition period.

Keywords

AI generated
military professional social insurance gap mandatory coverage transition period voluntary insurance legislative interpretation costs of proceedings

Cited Legislation

AI generated
Art. 9 ust. 1 of the Social Insurance System Act
Art. 9 ust. 8 of the Social Insurance System Act
Art. 6 ust. 1 pkt 2, 4-6 and 10 of the Social Insurance System Act
Art. 3936 of the Code of Civil Procedure
art. 3936 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text