Legislator Case Law & Legislation
I UK 284/05 AI generated

Supreme Court allows early retirement for worker who started employment after turning 55.

Case Number I UK 284/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's decision and remanded the case for a new ruling on costs. The applicant, a 55-year-old worker, sought early retirement based on a specific statutory provision, arguing she had been employed immediately prior to filing her claim. The court rejected the opposing view that the applicant must have been an employee on the exact day she turned 55, holding instead that the law only requires employment to be established directly before the claim is submitted.

Legislator headnote

AI generated

Art. 29 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The provision granting early retirement benefits applies to insured persons who were employees immediately prior to filing the claim, not necessarily on the specific date of reaching the statutory age limit.

Keywords

AI generated
early retirement eligibility employment status timing social security law employee definition Supreme Court ruling remand for retrial statutory interpretation

Cited Legislation

AI generated
Art. 29 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
art. 393 § 1 k.p.c.
art. 233 k.p.c
art. 391 § 1 k.p.c

Cited Case Law

AI generated

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