Legislator Case Law & Legislation
I UK 126/09 AI generated

Military service period counts as employment insurance period under Social Security Act Art. 29(3) and Defense Act Art. 108(1).

Case Number I UK 126/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling granting the applicant a pension. The applicant argued that his military service period should be counted as employment insurance time, while the social insurance office maintained a shorter duration. The court ruled that the military service period must be treated as an insurance period under the Social Security Act because the applicant fulfilled the conditions set by the Defense Act. Consequently, the applicant met all requirements for the pension, and the cassation appeal was rejected.

Legislator headnote

AI generated

Art. 29 ust. 3 ustawy o emeryturach i rentach; Art. 108 ust. 1 ustawy o powszechnym obowiązku obrony: Military service performed by an employee who resumed employment with the same employer after discharge is to be treated as a period of social insurance coverage under the employment relationship.

Keywords

AI generated
military service social insurance employment period pension entitlement defense act casation appeal supreme court

Cited Legislation

AI generated
Art. 29 ust. 3 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 108 ust. 1 of the Act on General Military Service
art. 47714 § 1 k.p.c
art. 301 § 2 k.p
art. 8 Konstytucji RP
art. 39814 k.p.c

Cited Case Law

AI generated

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