Legislator Case Law & Legislation
II PK 304/07 AI generated

Supreme Court allows pension payment to a teacher who retired from a public school before starting a municipal job.

Case Number II PK 304/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision that denied a pension to a former mayor who had already retired from a public school. The plaintiff argued that his right to a pension from the municipal employer was forfeited because he had previously acquired a teacher's pension, while the lower court held that only the cessation of the municipal employment relationship mattered. The court ruled that the statutory provision regarding municipal employees does not exclude those who have already obtained a pension under separate teacher regulations, provided they subsequently transition to the status of a pensioner.

Legislator headnote

AI generated

Art. 23 ust. 1 ustawy o pracownikach samorządowych; Art. 21 ust. 1 tej ustawy; The provision granting a pension to municipal employees does not deprive them of this right if they have already acquired a pension under separate regulations, such as the Teacher's Card.

Keywords

AI generated
municipal employees pension entitlement teacher's card retirement transition supreme court ruling employment status pension payment

Cited Legislation

AI generated
Art. 23 ust. 1 of the Act of 22 March 1990 on employees of local self-government units
Art. 21 ust. 1 of the Act of 22 March 1990 on employees of local self-government units
Art. 88 of the Teacher's Card
Art. 398 § 1 of the Code of Civil Procedure

Cited Case Law

AI generated

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