II PK 259/08
AI generated
Employee dismissed without pension eligibility receiving pre-retirement benefits barred from additional pension severance.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an airline employee who received a pre-retirement benefit after his contract termination. The employee argued for an additional pension severance payment, but the court found he did not meet the statutory conditions for early retirement or pension eligibility. Consequently, the court ruled that the specific additional severance was conditional upon acquiring pension rights, which the employee never obtained.
Legislator headnote
AI generatedArt. 921 § 1 k.p.; Art. 398 § 14 k.p.c.: An employee who terminates their contract without acquiring pension rights and instead receives a pre-retirement benefit is not entitled to the additional pension severance reserved for those transitioning to early retirement.
Keywords
AI generated
additional pension severance
pre-retirement benefit
early retirement rights
employment contract termination
non-discrimination principle
statutory conditions
pension eligibility
Cited Legislation
AI generatedArt. 921 § 1 k.p.
Art. 398 § 14 k.p.c.
Art. 98 k.p.c.
art. 921 § 1 k.p
art. 113 k.p
art. 230 k.p.c
art. 3989 § 1 k.p.c
art. 39814 k.p.c
art. 98 k.p.c
Cited Case Law
AI generatedI PK 257/02, OSNP 2004 nr 15, poz. 267
II PK 33/05
Supreme Court dismisses labor dispute appeal citing lack of legal interpretation need and burden of proof issues.
III PK 30/06
Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.
I PK 257/02
Supreme Court dismissed appeal regarding employer's right to unilaterally change pension severance pay regulations without notice.