Supreme Court denied miner's pension due to failure to terminate employment contract before claim filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court overturned the lower court's decision granting a miner's pension to the applicant, Jerzy A., and reinstated the Social Insurance Institution's refusal. The applicant had proven 25 years of mining work but failed to terminate his continuous employment contract before filing his pension claim. The court ruled that the statutory requirement for employment termination was a substantive condition for acquiring the right to the pension, which could not be waived or retroactively applied despite the applicant's financial hardship.
Legislator headnote
AI generatedArt. 49 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The right to a miner's pension arises only upon the fulfillment of all statutory conditions, including the termination of the employment relationship, and cannot be acquired retroactively if the condition was not met at the time of the claim.