III UK 44/07
AI generated
Socially insured lawyer denied early pension rights due to non-employment status under social insurance law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the social insurance fund's appeal against a lower court ruling that granted an early pension to a lawyer. The court held that lawyers covered by social insurance under specific articles do not qualify for early retirement under the pension law. Consequently, the Supreme Court overturned the appellate court's decision and upheld the lower court's denial of the pension claim.
Legislator headnote
AI generatedArt. 8 ust. 6 pkt 3, 4 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych; Art. 29 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach: A lawyer insured under these provisions cannot acquire the right to early retirement because they do not meet the employment-based conditions required for such benefits.
Keywords
AI generated
social insurance status
early retirement pension
lawyer employment
social insurance fund
pension eligibility criteria
Cited Legislation
AI generatedArt. 8 ust. 6 pkt 3, 4 of the Social Insurance System Act of October 13, 1998
Art. 29 of the Pensions and Allowances Act of December 17, 1998
Art. 24 ust. 1 of the Advocates Act of May 26, 1982
Art. 37 of the Advocates Act of May 26, 1982
art. 32 ust. 1 Konstytucji
art. 39816 k.p.c
Cited Case Law
AI generatedII UZP 16/91
II UZP 2/04
Supreme Court rules lawyer's pension right suspended by continued employment does not apply to self-employed lawyers.
II URN 69/80
II UK 271/06