Legislator Case Law & Legislation
I UZP 5/06 AI generated

Supreme Court ruled annual bonus must be included in pension base for the year it was earned, not paid.

Case Number I UZP 5/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether an annual bonus should be included in the pension calculation base for the year it was earned or the year it was paid. The Social Insurance Institution had initially included the bonus for the year it was earned, but the lower court changed this because the bonus was paid late, applying a different calculation method. The court held that the annual bonus must be added to the wage of the calendar year for which it was due, regardless of the actual payment date, as the specific regulation clarifies the general rule.

Legislator headnote

AI generated

Art. 15 ust. 4 ustawy o emeryturach i rentach; § 6 rozporządzenia Rady Ministrów z dnia 7 kwietnia 1985 r.: The annual bonus must be included in the pension calculation base for the calendar year for which it is due, irrespective of the date of actual payment.

Keywords

AI generated
pension calculation base annual bonus inclusion wage payment timing social insurance contributions calendar year attribution retirement benefit formula budgetary sector workers

Cited Legislation

AI generated
Art. 15 ust. 4 of the Act on Pensions and Allowances from the Social Insurance Fund
§ 6 of the Regulation of the Council of Ministers of 7 April 1985 on detailed rules for determining the basis for pensions and allowances
Act of 12 December 1997 on the annual additional remuneration for employees of budgetary units
art. 13 k.p

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