Military pension calculation for 2000 based on 1998 law despite 2002 Constitutional Court ruling.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the pensioner's cassation appeal against the Military Pension Office's decision. The pensioner argued that a 2002 Constitutional Court ruling invalidating a 2000 law change required applying the 2001 version of the pension calculation rules. The court held that the 2000 calculation must strictly follow the 1998 version of the military pension law as it stood on December 31, 1998. Consequently, the pensioner's claim for a higher benefit based on the new rules was rejected.
Legislator headnote
AI generatedArt. 40 of the Military Pension Act; Art. 3 of the Act of 8 December 2000; The calculation of military pensions for the year 2000 must be based on the version of the Military Pension Act valid as of December 31, 1998, even if a subsequent Constitutional Court ruling declared a legislative change retroactive.