Social security pension awarded by court must be reduced if earned income is received after the ruling takes effect.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a pension right established by a court judgment should be reduced if income is earned after the judgment becomes final. The applicant argued that the decisive moment for income assessment was the time of receipt, not the period covered by the pension, while the Social Security Institution contended that the statutory framework requires reduction based on post-establishment earnings. The court ruled that the pension right is conditional on the continued absence from the labor market, meaning any income earned after the right was legally fixed triggers the reduction mechanisms of the relevant social security law.
Legislator headnote
AI generatedArt. 104 ust. 8 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: A pension right established by a court judgment and paid after its finalization must be reduced based on income earned in the period following the establishment of that right.