Supreme Court dismissed social security refund claim for Polish pensioner residing in Germany post-1990.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Security Office's cassation appeal against a lower court ruling that rejected a refund claim for improperly paid pension benefits. The applicant, a Polish national residing in Germany since 1989 and holding German citizenship, had received a pension based on Polish law before the 1990 date cutoff. The court held that the 1975 Poland-Germany pension agreement does not apply to individuals who acquired pension rights after December 31, 1990, regardless of their residence or citizenship status. Consequently, the benefits were deemed lawfully received and not subject to restitution under Polish social security law.
Legislator headnote
AI generatedArt. 138 ust. 2 pkt 2 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The pension agreement between Poland and Germany does not apply to persons who acquired pension rights after 31 December 1990, even if they resided in Germany prior to that date.