Military service preceding mining work does not count as mining work for miners not covered by restructuring acts.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a miner seeking early retirement benefits based on his military service. The applicant argued that his active military duty, preceded by underground mining work, should be credited as mining work under the Social Insurance Act. However, the court ruled that this specific combination of service only qualifies for miners who were dismissed due to coal industry restructuring or filed specific retirement applications by the statutory deadlines. Since the applicant did not meet these restrictive conditions, his military service was excluded from the mining work calculation. Consequently, the claim for early retirement based on this service was rejected as the legal provisions were interpreted exhaustively to exclude such cases.
Legislator headnote
AI generatedArt. 48 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 54 ust. 1 ustawy o dostosowaniu górnictwa węgla kamiennego; Art. 50 ust. 1 ustawy o restrukturyzacji górnictwa węgla kamiennego: For miners not covered by the restructuring acts or filing specific retirement applications by the statutory deadlines, military service preceding underground mining work is not credited as mining work for the purpose of early retirement.