Legislator Case Law & Legislation
II UZP 14/06 AI generated

Supreme Court allows pension for journalists meeting old age requirements regardless of job status at retirement age.

Case Number II UZP 14/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a journalist could claim early retirement benefits based on accumulated service even if they had ceased working as a journalist upon reaching the statutory age. The applicant, a former journalist, was denied benefits because the pension office required her to have been employed as a journalist at the exact moment she turned 55. The court determined that the law only required the journalist to have met the service and age criteria before the new pension law took effect, not to be actively employed in that capacity at the time of retirement. Consequently, the right to the pension is acquired once the specific conditions are met prior to the new law's implementation, independent of the employee's current job status.

Legislator headnote

AI generated

Art. 184 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; § 13 rozporządzenia Rady Ministrów w sprawie wieku emerytalnego: The right to early retirement for journalists is acquired upon meeting the service and age requirements before the new pension law's enactment, regardless of whether the journalist is actively employed in that capacity at the time of reaching the required age.

Keywords

AI generated
early retirement pension journalist employment status accumulated service period pension law transition age requirement fulfillment

Cited Legislation

AI generated
Art. 184 ust. 1 pkt 1 of the Act on Pensions and Allowances from the Social Insurance Fund
§ 13 of the Council of Ministers' Regulation on the age of retirement

Cited Case Law

AI generated

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