Legislator Case Law & Legislation
II UZP 5/05 AI generated

Military pension court ruled 'last held position' means official appointment by Minister, not temporary duties. Outcome: Allowed. Facts: Claimant argued temporary duties counted. Court: Statutory appointment required for pension eligibility.

Case Number II UZP 5/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding the definition of 'last held position' for military pension eligibility. The claimant argued that temporary duties performed under a unit commander's order should count, while the court determined only an official appointment by the Minister of National Defense qualifies. The court rejected the lower court's view, emphasizing that military pay and pension rights are strictly tied to the officially designated position rather than temporary assignments.

Legislator headnote

AI generated

Art. 5 of the Act on Pension Provision for Professional Soldiers and Their Families; The term 'last held position' refers exclusively to the position assigned by a personal order of the Minister of National Defense, excluding temporary duties performed under a unit commander's order.

Keywords

AI generated
military pension eligibility last held position definition Minister of National Defense temporary duties exclusion professional soldier status administrative appointment pension calculation basis

Cited Legislation

AI generated
Act of 10 December 1993 on Pension Provision for Professional Soldiers and Their Families (Dz.U. Nr 8/04, p. 66)
Act of 11 September 2003 on Military Service of Professional Soldiers (Dz.U. Nr 179, p. 1750)
Act of 17 December 1974 on Pay of Soldiers (Dz.U. Nr 76, p. 693)
art. 390 § 1 k.p.c

Cited Case Law

AI generated
III AUr 293/93

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