Legislator Case Law & Legislation
II UK 32/05 AI generated

Supreme Court rules 25 half-doubled miner days equal one month for pre-1981 pension eligibility.

Case Number II UK 32/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's cassation appeal, upholding the lower court's decision granting the miner a pension. The dispute centered on whether 2,320 half-doubled work days equaled the required 25 years of service, with the insurer arguing for a 24-year total. The court ruled that the established legal rule of dividing half-doubled days by 25 (rather than 30) correctly calculated the tenure as 25 years and 3 days.

Legislator headnote

AI generated

§ 31 of the Council of Ministers Regulation of 7 February 1983; The conversion of miner's work days counted at double rate into months requires dividing the total days by 25 for periods prior to 1981.

Keywords

AI generated
miner pension eligibility half-doubled work days social insurance regulation pension calculation method statutory conversion ratio

Cited Legislation

AI generated
§ 31 of the Council of Ministers Regulation of 7 February 1983 on the procedure for granting pension benefits and the rules for their payment
Art. 37 of the Act on Social Insurance
art. 39312 k.p.c

Cited Case Law

AI generated
III PU 4/65

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