Foreign work periods recognized as contributory under Social Security Act must be included in special conditions work period. Work performed abroad for a foreign employer, recognized as contributory under the Social Security Act, must be included in the period of work under special conditions required by the Government Ordinance on the retirement age of employees working under special conditions or in a special character. The Supreme Court dismissed the cassation appeal because the lower court incorrectly excluded these periods from the special conditions work period, despite them being recognized as contributory periods under the Social Security Act. The court held that no legal basis exists for excluding such periods from the special conditions work period when they are recognized as contributory periods under the Social Security Act. The key legal issue is whether work performed abroad for a foreign employer, recognized as contributory under the Social Security Act, must be included in the period of work under special conditions required by the Government Ordinance on the retirement age of employees working under special conditions or in a special character. The Supreme Court dismissed the cassation appeal because the lower court incorrectly excluded these periods from the special conditions work period, despite them being recognized as contributory periods under the Social Security Act. The court held that no legal basis exists for excluding such periods from the special conditions work period when they are recognized as contributory periods under the Social Security Act. The key legal issue is whether work performed abroad for a foreign employer, recognized as contributory under the Social Security Act, must be included in the period of work under special conditions required by the Government Ordinance on the retirement age of employees working under special conditions or in a special character. The Supreme Court dismissed the cassation appeal because the lower court incorrectly excluded these periods from the special conditions work period, despite them being recognized as contributory periods under the Social Security Act. The court held that no legal basis exists for excluding such periods from the special conditions work period when they are recognized as contributory periods under the Social Security Act. The key legal issue is whether work performed abroad for a foreign employer, recognized as contributory under the Social Security Act, must be included in the period of work under special conditions required by the Government Ordinance on the retirement age of employees working under special conditions or in a special character.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a claimant seeking recognition of foreign work periods as part of the special conditions work period for early retirement. The claimant worked on foreign-flagged ships for a foreign employer, and while these periods were recognized as contributory under the Social Security Act, the lower court excluded them from the special conditions period due to a lack of Polish social security contributions. The court ruled that no legal basis exists for excluding such periods when they are recognized as contributory, mandating their inclusion in the special conditions work period calculation.
Legislator headnote
AI generatedArt. 6 ust. 2 pkt 1 lit. c ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; § 4 ust. 1 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r. Periods of work abroad for a foreign employer, recognized as contributory under the Social Security Act, must be included in the period of work under special conditions required by the Government Ordinance on the retirement age of employees working under special conditions or in a special character.