II UK 54/08
AI generated
Supreme Court dismissed appeal; veteran soldier's pension base was June 2004 pay, not July rank.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding the calculation of his military pension. The appellant argued that his July 2004 rank promotion should have increased his pension base, but the court found the correct base was his June 2004 pay. The court ruled that the specific provision for unassigned personnel superseded general rank rules, making the June salary the legally required basis for the final pension calculation.
Legislator headnote
AI generatedArt. 178 ust. 1 ustawy o służbie wojskowej żołnierzy zawodowych; Art. 5 ust. 1 ustawy o zaopatrzeniu emerytalnym żołnierzy zawodowych: For professional soldiers not assigned to a post by July 1, the June salary serves as the pension base, overriding general rank-based provisions.
Keywords
AI generated
military pension calculation
professional soldier status
salary valuation rules
lex specialis principle
post assignment timing
cassation appeal dismissal
emirity base determination
Cited Legislation
AI generatedArt. 178 ust. 1 of the Act on Military Service of Professional Soldiers
Art. 5 ust. 1 of the Act on Pension Provision for Professional Soldiers and Their Families
Art. 44 ust. 1 pkt 1 of the Act on Military Service of Professional Soldiers
Art. 104 ust. 1 of the Act on Military Service of Professional Soldiers
§ 9 ust. 1 pkt 5 of the Ministry of National Defense Regulation on Pension Procedures
art. 233 k.p.c
art. 468 § 1 k.p.c
art. 468 § 2 ust. 4 k.p.c
art. 385 k.p.c
art. 233 § 1 k.p.c