I UK 229/05 AI generated

Supreme Court dismissed early retirement claim for a worker born after 1948 who did not terminate employment.

Case Number I UK 229/05

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2006-04-07

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Elżbieta R. against the Social Insurance Institution's refusal of early retirement benefits. The court found that the employment contract with her husband was a sham designed solely to bypass legal requirements, as she had been self-employed immediately prior. Consequently, the court ruled that the statutory right to early retirement for women born after December 31, 1948, does not arise until the employment relationship is formally terminated.

Legislator headnote

AI generated

Art. 29 ust. 1 pkt 1; Art. 46; Art. 58 k.c.; Art. 300 k.p.: The right to early retirement for employees born after 31 December 1948 does not arise until the termination of the employment relationship; contracts concluded solely to circumvent this legal requirement are void ab initio.

Keywords

AI generated

early retirement eligibility employment termination requirement sham employment contract circumvention of law social insurance benefits void legal act cassation appeal dismissal

Cited Legislation

AI generated

Art. 29 ust. 1 pkt 1 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund

Art. 46 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund

Art. 100 ust. 1 of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund

Art. 58 of the Civil Code

Art. 300 of the Code of Civil Procedure

Art. 398 § 1 of the Code of Civil Procedure

art. 58 k.c

art. 300 k.p

art. 58 § 1 k.c

art. 39814 k.p.c

Supreme Court dismissed early retirement claim for a worker born after 1948 who did not terminate employment.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Need to analyze how this precedent applies to your matter?

Full text