Legislator Case Law & Legislation
II UZP 2/08 AI generated

Social security pension awarded by court must be reduced if earned income is received after the ruling takes effect.

Case Number II UZP 2/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
social security pension court established right income reduction labor market participation social security law pension eligibility earnings assessment

Cited Legislation

AI generated
Art. 104 ust. 8 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych

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