Supreme Court allows family pension when applicant turns 25 during summer before final study year.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the social security agency's cassation appeal, upholding the lower court's decision to grant family pension rights. The applicant, who turned 25 during the summer break before his final year of studies, argued that the law required him to be enrolled at the time of his birthday. The court ruled that the definition of 'final year of studies' depends on the university's regulations and enrollment records, not the calendar date of the birthday. Consequently, the applicant retained his pension entitlement because he was officially registered for the final year when the relevant period ended.
Legislator headnote
AI generatedArt. 68 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 39813 § 1 i 2 k.p.c.: The right to family pension extends until the end of the final year of studies as determined by the university's regulations, meaning turning 25 during the summer break before enrollment does not terminate the benefit.