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.
Legislator summary
AI generatedThe 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 generatedArt. 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.