III UK 5/06
AI generated
Military service in special conditions counts as special work tenure for early retirement if returned to job within 30 days.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court allowed the cassation appeal, overturning the lower court's dismissal of the pension claim. The applicant had performed military service and returned to his previous job in special conditions within the statutory 30-day period. The court ruled that this specific return triggered the legal requirement to count the military service as special work tenure for early retirement eligibility.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o emeryturach i rentach; Art. 124 ust. 1 i Art. 125 ustawy o powszechnym obowiązku wojskowym: Military service performed under special conditions counts as special work tenure for early retirement if the employee returns to the previous employment within 30 days of discharge.
Keywords
AI generated
military service tenure
special work conditions
early retirement pension
30 day return rule
employment continuity
social security statute
constitutional interpretation
Cited Legislation
AI generatedArt. 32 ust. 1 of the Social Insurance Fund Pensions and Allowances Act
Art. 124 ust. 1 of the Military Service Act
Art. 125 of the Military Service Act
art. 39813 § 2 k.p.c
art. 8 Konstytucji RP
art. 39814 k.p.c