Supreme Court dismisses pension claim when disability drops from total to partial under Social Insurance Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's appeal regarding her disability pension, ruling that the right to benefits ceased when her condition changed from total to partial incapacity. The lower court incorrectly applied Article 107, viewing the change merely as a reduction in payment amount, while the Supreme Court held that total incapacity is a mandatory condition for the pension's existence under Article 57. Consequently, the loss of the total incapacity status extinguished the legal basis for the pension entirely.
Legislator headnote
AI generatedArt. 57 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 101 pkt 1 tej ustawy: The right to a disability pension established under the condition of total incapacity ceases when that condition is lost due to a change to partial incapacity, as the fulfillment of the statutory prerequisite is no longer met.