Supreme Court quashes pension decision, ruling rent agency lacks authority to decide on early pension entitlement rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision and remanded the case for retrial regarding a claim for early pension benefits. The rent agency had incorrectly denied the claimant's right to the benefit by failing to verify her insurance record, instead only calculating the hypothetical pension amount. The court held that the rent agency lacks the authority to decide on the existence of the right itself, reserving that power for the social insurance fund while it must determine the pension's value based on verified contribution periods.
Legislator headnote
AI generatedArt. 37k ust. 3 i 4 ustawy o zatrudnieniu i przeciwdziałaniu bezrobociu; Art. 29 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The rent agency is not authorized to decide on the insured person's right to early pension benefits; its competence is limited to issuing a decision establishing the hypothetical pension amount based on documented contribution and non-contribution periods affecting the right and its value.