Legislator Case Law & Legislation
I UK 67/05 AI generated

Supreme Court allows pension for disabled woman with 20 years contributions without 5-year recent work requirement.

Case Number I UK 67/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling granting a disability pension to the applicant. The Social Insurance Institution had refused the benefit due to a lack of five years of employment in the last decade, but the appellate court found the applicant met the statutory conditions. The Supreme Court upheld this decision, ruling that the five-year employment requirement does not apply when a woman has a total contribution and non-contribution period of at least 20 years.

Legislator headnote

AI generated

Art. 57 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 57 ust. 1 pkt 3; The right to a disability pension for a completely disabled person with 20 years of total contribution and non-contribution periods is not dependent on proving five years of employment in the last decade.

Keywords

AI generated
disability pension social insurance law contribution period employment requirement cassation appeal total disability statutory interpretation

Cited Legislation

AI generated
Art. 57 ust. 2 of the Act on pensions and allowances from the Social Insurance Fund
Art. 57 ust. 1 of the Act on pensions and allowances from the Social Insurance Fund
Art. 57 ust. 1 pkt 3 of the Act on pensions and allowances from the Social Insurance Fund
Art. 58 ust. 1 of the Act on pensions and allowances from the Social Insurance Fund
Art. 393 § 12 of the Code of Civil Procedure
art. 39312 k.p.c

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