Supreme Court dismisses appeal; failure to report income triggers full refund obligation regardless of organ negligence.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Barbara P. against a Social Insurance Fund decision ordering a full refund of family pension. The insured had failed to provide accurate income declarations, leading the fund to suspend benefits and demand repayment for 2003-2005. The court held that the statutory obligation to report income is strict, and the insured cannot claim a reduced refund period based on the fund's alleged negligence in verifying the income threshold.
Legislator headnote
AI generatedArt. 138 ust. 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The failure to notify the social insurance body of income exceeding statutory limits constitutes a breach of duty, obligating the recipient to return the full amount of overpaid benefits without reduction due to the body's potential negligence.