Legislator Case Law & Legislation
I UK 96/06 AI generated

Receiving a special disability pension does not satisfy the six-month employment requirement for early retirement.

Case Number I UK 96/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an insured person seeking early retirement. The lower court granted the pension because the applicant received a special disability pension, but the Supreme Court ruled this benefit differs fundamentally from a standard disability pension. The court held that receiving a special pension does not equate to meeting the statutory requirement of six months of employment in the preceding 24 months.

Legislator headnote

AI generated

Art. 83 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 29 ust. 2 pkt 2 tej ustawy: Receiving a special pension granted via exception does not satisfy the condition of remaining in an employment relationship for at least six months in the last 24 months prior to filing for early retirement.

Keywords

AI generated
special pension exception early retirement conditions employment relationship duration disability pension distinction social security law cassation appeal dismissal constitutional rights

Cited Legislation

AI generated
Art. 83 ust. 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 29 ust. 2 pkt 2 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 57 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 2 of the Constitution
Art. 32 of the Constitution
Art. 233 of the Code of Civil Procedure
Art. 382 of the Code of Civil Procedure
Art. 398 of the Code of Civil Procedure
art. 233 k.p.c
art. 382 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text