Legislator Case Law & Legislation
I UZP 1/08 AI generated

Social Security Court rules pension recalculation uses new base for both social and service portions after 30 months coverage.

Case Number I UZP 1/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Social Security Court resolved a legal question regarding pension recalculation for a woman receiving early retirement benefits. The court held that after acquiring new pension rights following at least 30 months of social insurance coverage, the base amount must be used for both the social and service portions of the pension. This decision clarifies that the new base applies universally in such scenarios, overriding previous interpretations that limited its scope.

Legislator headnote

AI generated

Art. 53 ust. 1, 3, 4; art. 110 ust. 3; art. 15 ust. 1; art. 19 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: When a pensioner with early retirement rights acquires new pension rights after at least 30 months of social insurance coverage, the base amount determined at the time of the new pension application applies to both the social and service portions of the pension.

Keywords

AI generated
early retirement pension social insurance coverage pension recalculation base amount determination service portion calculation Fundusz Ubezpieczeń Społecznych pension adjustment rules

Cited Legislation

AI generated
Art. 53 ust. 1, 3, 4 of the Act on pensions and allowances from the Social Insurance Fund
Art. 110 ust. 3 of the Act on pensions and allowances from the Social Insurance Fund
Art. 15 ust. 1 of the Act on pensions and allowances from the Social Insurance Fund
Art. 19 ust. 1 of the Act on pensions and allowances from the Social Insurance Fund
art. 390 k.p.c
art. 32 Konstytucji

Cited Case Law

AI generated

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