Legislator Case Law & Legislation
II UK 30/09 AI generated

Polish Social Security Law excludes foreign work periods from initial capital calculation unless future dual pension is claimed.

Case Number II UK 30/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
initial capital calculation social security coordination Czechoslovakia employment dual pension exclusion international cooperation agreement pension rights determination Supreme Court ruling

Cited Legislation

AI generated
Regulation (EEC) No 1408/71 of 14 June 1971
Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
Agreement of 5 April 1948 between Poland and Czechoslovakia on social insurance
art. 39814 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text