Legislator Case Law & Legislation
I UZP 1/07 AI generated

Social Security Court ruled that repatriant status is mandatory for pension credit periods under specific social insurance laws.

Case Number I UZP 1/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Social Security Court resolved a legal question regarding the conditions for pension eligibility. The applicant, a Polish citizen who returned from the former Soviet Union, failed to obtain a positive decision recognizing him as a repatriant within the statutory deadline. The court held that presenting such a positive decision is a mandatory prerequisite for considering foreign work periods under the relevant social insurance act. Consequently, the court affirmed that without this specific administrative recognition, the work period cannot be credited toward the pension entitlement.

Legislator headnote

AI generated

Art. 6 ust. 1 pkt 9 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 16 ust. 4 ustawy o repatriacji: A positive administrative decision recognizing the applicant as a repatriant is a mandatory condition for considering foreign work periods when calculating pension rights after the entry into force of the repatriation act.

Keywords

AI generated
social insurance law repatriant status pension eligibility foreign work periods administrative decision equal treatment principle mandatory conditions

Cited Legislation

AI generated
Art. 6 ust. 1 pkt 9 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 16 ust. 4 of the Repatriation Act
Art. 2a of the Systemic Act
Art. 83 of the Act on Pensions and Allowances from the Social Insurance Fund

Cited Case Law

AI generated

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