Legislator Case Law & Legislation
II UK 174/05 AI generated

Supreme Court allows family pension extension to end of repeated final academic year regardless of fault.

Case Number II UK 174/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a family pension claim, ruling that the right extends to the end of the final academic year even if it is repeated. The applicant argued that repeating a year due to poor grades should not bar pension continuation, while the social insurance agency contended that repeating the year excluded the statutory extension. The court decided that distinguishing between repeated and non-repeated years would create unfair inequality among beneficiaries and that the law's text permits extension until the completion of that specific year regardless of the cause.

Legislator headnote

AI generated

Art. 68 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; the right to a family pension extends to the end of the final academic year in which the beneficiary turns 25, irrespective of whether that year is repeated or the cause of the delay.

Keywords

AI generated
family pension extension repeated academic year social insurance law age 25 threshold unfair inequality treatment statutory interpretation pension entitlement

Cited Legislation

AI generated
art. 68 ust. 2 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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