Legislator Case Law & Legislation
I UZP 2/06 AI generated

Social Security Court rules that the base amount for pension recalculation is the one used for the social portion, not the disability base.

Case Number I UZP 2/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
pension recalculation social security base disability pension social portion Fundusz Ubezpieczeń Społecznych Art. 111 ust. 2 base amount determination

Cited Legislation

AI generated
Art. 111 ust. 2 of the Act on pensions and allowances from the Social Insurance Fund
Art. 53 ust. 1 pkt 1 of the Act on pensions and allowances from the Social Insurance Fund

Cited Case Law

AI generated

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