Supreme Court allows extension of sick pay to those with established pension rights but not receiving it.

The Supreme Court of Poland allowed the extension of sick pay to the applicant despite his established right to a pension, overturning the lower court's dismissal. The applicant had received sick pay during a period when his pension was suspended due to income, yet he had not claimed the pension. The court ruled that the statutory exclusion for pension recipients applies only to those who actually receive the pension, not those whose rights are suspended. However, because the applicant falsely claimed no pension rights in his application, he was still obligated to return the overpaid amount without interest.