Social Security Court rules that the base amount for pension recalculation is the one used for the social portion, not the disability base.
Legislator summary
AI generatedThe Supreme Social Security Court resolved a legal question regarding the correct base amount for recalculating a pension when the base is derived from a disability pension. The insured requested a new calculation based on twenty years of earnings, but the Social Security Office applied the base amount previously used for the social portion of the pension. The Court held that the base amount 'lastly adopted for calculating the benefit' refers specifically to the amount used for the social portion, not the disability base used for the main calculation.
Legislator headnote
AI generatedArt. 111 ust. 2; Art. 53 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: In cases of pension recalculation where the base is derived from a disability pension, the base amount last adopted for calculating the benefit is the amount used for the social portion of the pension.