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III UK 24/05 AI generated

Teaching abroad does not qualify as special employment for early teacher pension under Polish law.

Case Number III UK 24/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding her claim for an early teacher's pension. Although the court acknowledged her teaching period in Ukraine was contributory, it ruled that Article 88 of the Teachers' Card Act applies only to teachers working within the territory of the Republic of Poland. The court distinguished between contributory periods established by social security fiction and the specific requirement of working within national borders for special employment status.

Legislator headnote

AI generated

Art. 88 ust. 1 Karty Nauczyciela; Art. 6 ust. 1 pkt 9 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Teaching abroad does not constitute special employment qualifying for early retirement, as the statutory requirement is limited to work performed within the territory of the Republic of Poland.

Keywords

AI generated
early teacher pension special employment status teaching abroad contributory period territorial scope social security fiction exceptiones non sunt extendendae

Cited Legislation

AI generated
Art. 88 ust. 1 Karty Nauczyciela
Art. 6 ust. 1 pkt 9 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 393 k.p.c.
art. 39312 k.p.c

Cited Case Law

AI generated
II UK 42/04
Foreign teacher's pension claim rejected as work abroad did not meet special character requirements under Teacher's Card.

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