Supreme Court dismissed pension appeal, ruling early retirement requires employee social insurance coverage.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Ryszard R. against the Social Insurance Institution's denial of early retirement. The applicant argued that his receipt of a disability pension satisfied the conditions for early retirement under Article 29 of the Social Insurance Act. The court held that the right to early retirement is derivative of employee social insurance, which the applicant did not possess for the entire required period. Consequently, the statutory conditions for the exception were not met, and the lower court's decision was upheld.
Legislator headnote
AI generatedArt. 29 ust. 2 pkt 2 in fine ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; the right to early retirement under Article 29 is derivative of employee social insurance, meaning applicants must have been insured under that scheme for the entire required period, excluding those insured under other titles.