Supreme Court allows one-time compensation claim based on old law if rights accrued before new law's effective date.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed Maria S.'s appeal regarding a one-time compensation claim for her deceased husband's work accident. Although the claim was filed after the new social insurance law took effect on May 2, 2004, the court determined that all legal prerequisites for the benefit were met on the date of the accident and death. Consequently, the court applied the previous statutory provisions which granted the right to compensation, overriding the procedural timing of the application.
Legislator headnote
AI generatedArt. 10 ust. 1 pkt 4 ustawy o ubezpieczeniu społecznym rolników; Art. 45 ust. 1 i ust. 3 tej ustawy: The right to a one-time compensation benefit accrues based on the date the legal prerequisites are fulfilled, not the date the claim is filed, provided the event occurred before the new law's effective date.