Supreme Court allows prosecutor's pension severance after re-appointment following disability retirement.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that awarded the plaintiff a pension severance payment. The plaintiff, a former prosecutor, had received a disability pension severance in 1985 but was later reappointed to the position in 1992. The court held that the statutory right to severance upon retirement is not excluded by a prior disability pension receipt or a previous retirement, provided the individual is reappointed to the office.
Legislator headnote
AI generatedArt. 28 ust. 1 ustawy o pracownikach urzędów państwowych; Art. 100 § 4 Prawa o ustroju sądów powszechnych: The right to a severance payment upon retirement is not excluded by a prior disability pension or a previous retirement, provided the official is reappointed to the office.