Legislator Case Law & Legislation
III UK 25/07 AI generated

Supreme Court allows pension award when insurance period requirement is met after decision date under civil procedure law.

Case Number III UK 25/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance office's pension decision. The appellant argued that the court should only assess the decision based on facts existing at the time of its issuance, as the required insurance period was not met then. However, the court ruled that under Article 316 § 1 of the Civil Procedure Code, a court may grant a benefit if the necessary conditions are met with certainty after the decision is made. Consequently, the court awarded the pension retroactively from the date the insurance period requirement was fulfilled.

Legislator headnote

AI generated

Art. 316 § 1 k.p.c.; Art. 58 ust. 1 pkt 5 i ust. 2 ustawy o emeryturach i rentach z FUS; While social security decisions are generally reviewed based on the state of affairs at the time of issuance, a court may grant a benefit if the required insurance period is met with certainty after the decision.

Keywords

AI generated
social security law pension entitlement insurance period requirement retroactive award civil procedure code cassation appeal state of affairs

Cited Legislation

AI generated
Art. 316 § 1 k.p.c.
Art. 58 ust. 1 pkt 5 i ust. 2 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
art. 316 § 1 k.p.c
art. 47714 § 4 k.p.c
art. 39814 k.p.c

Cited Case Law

AI generated

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