I BU 11/06
AI generated
Supreme Court dismisses appeal as pension periods cannot overlap and Article 11 does not apply.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the insured's appeal against a final ruling regarding her pension calculation periods. The insured argued that specific periods of inability to work should be counted as non-contributory, while the Social Insurance Institution maintained they were already counted as contributory. The court ruled that periods defined as contributory under one article cannot overlap with those defined as non-contributory under another, rendering Article 11 inapplicable to this case.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 1a; Art. 7 pkt 1b ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Periods classified as contributory and non-contributory cannot overlap in time, and Article 11 does not apply to such non-overlapping classifications.
Keywords
AI generated
pension periods
contributory periods
non-contributory periods
Social Insurance Act
overlap prohibition
pension calculation
legal appeal dismissal
Cited Legislation
AI generatedArt. 6 ust. 2 pkt 1a of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 7 pkt 1b of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 11 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 42411 § 1 of the Code of Civil Procedure
art. 328 § 2 k.p.c
art. 92 § 1 pkt 1 k.p
art. 4244 k.p.c
art. 4241 § 2 k.p.c
art. 4171 § 2 k.c
art. 42411 § 1 k.p.c
Cited Case Law
AI generatedII UZP 7/96
Short-term sick pay does not equate to sick benefit for pension start date purposes under Polish law.
II UKN 698/00
Concurrent social insurance periods are not summed when calculating pension entitlement requirements.
I CNP 33/06
Supreme Court dismissed appeal; factual findings and legal characterization of transport contract were not erroneous.