III UZP 1/09
AI generated
Sickness and rehabilitation benefits paid after employment end do not count toward pension base calculation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether sickness and rehabilitation benefits paid after employment termination should be included in the pension base. The insured argued for inclusion based on statutory text, while the Social Insurance Institution contended that such benefits do not generate pension contributions. The court ruled that because these benefits replace wages during non-contributory periods, they cannot be added to the pension base once employment has ceased.
Legislator headnote
AI generatedArt. 15 ust. 3 ustawy o emeryturach i rentach z Funduszy Ubezpieczeń Społecznych; benefits paid after employment termination do not constitute part of the pension base calculation.
Keywords
AI generated
pension base calculation
sickness benefit inclusion
rehabilitation allowance
employment termination
social insurance contributions
non-contributory period
statutory interpretation
Cited Legislation
AI generatedArt. 15 ust. 3 of the Act on pensions and allowances from social funds
Art. 4 pkt 12 of the Act on pensions and allowances from social funds
Art. 18 ust. 2 of the Act on social insurance
Art. 16 ust. 8, ust. 9, ust. 12 of the Act on social insurance
Art. 53 ust. 1 pkt 3 of the Act on pensions and allowances from social funds
Art. 53 ust. 1 pkt 2 and 3 of the Act on pensions and allowances from social funds
§ 2 ust. 1 pkt 3 of the Minister of Labour and Social Policy Regulation
art. 390 § 1 k.p.c