Supreme Court allows backdated family pension for deceased spouse recognized dead under Civil Code Art. 29 § 1.

The Supreme Court of Poland allowed the insured's appeal to receive a family pension retroactively from the date of her husband's death in 1992. The lower courts had dismissed the claim because the pension law required payments to start only from the month the application was filed in 2004. The court ruled that the literal interpretation of the statute was incorrect in this specific situation where the death was officially recognized under Civil Code provisions, establishing a duty to pay for the period prior to the application. Consequently, the case was remanded to the appellate court to determine the exact retroactive period based on the recognized death date.