Supreme Court dismisses appeal; pre-retirement benefit overpayment must be calculated on total annual amount only.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Urszula K.'s appeal against the Social Insurance Institution's order to repay an overpaid pre-retirement benefit. The insured argued that suspended monthly payments should be included in the annual calculation, but the court held that only the total amount paid during the fiscal year matters. The decision rests on the statutory requirement for annual reconciliation and the finding that the insured was adequately informed of these rules.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 1 ustawy o świadczeniach przedemerytalnych; Art. 6 ust. 5 ustawy o świadczeniach przedemerytalnych; Art. 138 ust. 1 i ust. 2 pkt 1 ustawy o emeryturach i rentach z FUS: The total amount of a pre-retirement benefit paid in a fiscal year is the sole basis for determining overpayment liability, regardless of monthly suspensions.