Polish Social Security Law excludes foreign work periods from initial capital calculation unless future dual pension is claimed.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the calculation of the initial pension capital. The Social Insurance Institution excluded the applicant's work period in Czechoslovakia to prevent future dual pension claims, while the lower court included it based on a specific international cooperation agreement. The court ruled that the initial capital must be calculated solely under Polish law, excluding foreign periods, but noted that such periods would be considered if the applicant later sought a pension from both countries.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 1 lit. c ustawy o emeryturach; Art. 174 ust. 2 ustawy o emeryturach: The initial capital is calculated based exclusively on Polish statutory provisions, excluding foreign employment periods unless the insured subsequently elects to receive pensions from multiple countries.