Legislator Case Law & Legislation
II UK 326/07 AI generated

Supreme Court dismissed pension appeal, ruling early retirement requires employee social insurance coverage.

Case Number II UK 326/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
early retirement pension employee social insurance derivative right disability pension Social Insurance Act cassation appeal insurance period

Cited Legislation

AI generated
Art. 29 ust. 2 pkt 2 in fine of the Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Art. 398 § 14 of the Code of Civil Procedure
art. 233 § 1 k.p.c
art. 39814 k.p.c

Cited Case Law

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