II UZP 16/05
AI generated
Supreme Court allows pension recalculation from new base if disability pension was not converted to pension at filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a pensioner could recalculate their pension from a new base after initially receiving a disability pension. The insured had filed for a pension without requesting a new base calculation, only doing so after the disability pension decision became final. The court ruled that the insured retains the right to recalculate the pension according to the new base established in the pension application.
Legislator headnote
AI generatedArt. 21 ust. 1 pkt 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; An insured receiving a disability pension who did not request a new base calculation at the time of the pension application retains the right to recalculate the pension from the new base.
Keywords
AI generated
pension recalculation
disability pension conversion
new base calculation
social security law
pension entitlement
administrative procedure
burden of proof
Cited Legislation
AI generatedArt. 21 ust. 1 pkt 2 of the Act on pensions and allowances from the Social Insurance Fund
Art. 15 of the Act on the Social Insurance Fund
Art. 101 and Art. 102 of the Act on the Social Insurance Fund
Art. 133 of the Act on the Social Insurance Fund
Art. 111 of the Act on the Social Insurance Fund
Art. 114 of the Act on the Social Insurance Fund
Art. 116 ust. 5 of the Act on the Social Insurance Fund
Art. 101 ust. 1 pkt 2 of the Act on the Social Insurance Fund
Art. 231 of the Code of Civil Procedure
art. 390 § 1 k.p.c