Legislator Case Law & Legislation
I UK 258/06 AI generated

Supreme Court dismissed early retirement claim as military reserve duty does not qualify as special employment.

Case Number I UK 258/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal regarding early retirement benefits based on military service. The appellant argued that his period of military service beyond the term should count as employment in special conditions, but the court found that military reserve duty is a preparatory phase distinct from professional military service. Consequently, the court ruled that the closed statutory list of special employment categories excludes reserve personnel, leaving the lower court's decision intact.

Legislator headnote

AI generated

Art. 32 ust. 3 pkt 6 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Military reserve duty does not constitute employment in special conditions for early retirement purposes under the closed statutory list.

Keywords

AI generated
military reserve duty early retirement benefits special employment conditions closed statutory list cassation appeal dismissal social security law professional military service

Cited Legislation

AI generated
Art. 32 ust. 3 pkt 6 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
art. 385 k.p.c.
art. 39814 k.p.c.
art. 3983 § 3 k.p.c.
art. 385 k.p.c
art. 224 k.p.c
art. 328 § 2 k.p.c
art. 316 § 1 k.p.c
art. 391 § 1 k.p.c
art. 382 k.p.c

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