Suspension of pension payment pending court determination of entitlement is invalid before rent authority decision.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a court ruling that established the applicant's right to a mining pension. The applicant argued that the suspension of pension payments under Article 103(2a) of the Social Insurance Act should not apply until the pension authority issued a formal decision confirming the right. The court held that suspending payments before such a decision is invalid because the applicant cannot be considered an 'insured person' entitled to suspension until the right is formally established by the authority.
Legislator headnote
AI generatedArt. 103 ust. 2a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; suspension of pension payment pending court determination of entitlement is invalid before rent authority decision.