Legislator Case Law & Legislation
I PK 13/08 AI generated

Supreme Court allows prosecutor's pension severance after re-appointment following disability retirement.

Case Number I PK 13/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
pension severance payment reappointment to office disability pension receipt prosecutor status retirement rights

Cited Legislation

AI generated
Art. 28 ust. 1 of the Act of 16 September 1982 on employees of state offices
Art. 118 of the Act of 20 June 1985 on the prosecution service
Art. 100 § 4 of the Act of 27 July 2001 on the organization of common courts
Art. 62a ust. 1 of the Act of 20 June 1985 on the prosecution service
Art. 398 § 14 of the Code of Civil Procedure
art. 5 k.p
art. 921 k.p
art. 921 § 2 k.p
art. 921 § 1 k.p
art. 39814 k.p.c

Cited Case Law

AI generated
Decision of the Supreme Court of 31 May 1989, III PZP 52/88

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