Legislator Case Law & Legislation
II UK 50/09 AI generated

Supreme Court allows prison officer service to count as employment for pension under specific social insurance law provisions.

Case Number II UK 50/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of Zofia G.'s pension claim, remanding the case for a new decision. The applicant, a former prison officer, argued that her prison service should count as employment under social insurance law to qualify for a pension, while the lower courts initially rejected this based on a strict interpretation of employment status. The Court ruled that the specific provision regarding prison officers' service must be interpreted as equivalent to employment for pension purposes, rejecting the lower court's narrow reading that excluded such service from the general employment definition.

Legislator headnote

AI generated

Art. 29 ust. 3 ustawy o emeryturach i rentach; Art. 11 ustawy o Służbie Więziennej: The period of service by prison officers shall be treated as work of a special character and included within the period of employment for the purpose of pension rights under social insurance law.

Keywords

AI generated
prison officer service social insurance law pension eligibility employment status statutory interpretation special character work Supreme Court ruling

Cited Legislation

AI generated
Art. 29 ust. 3 of the Social Insurance Act
Art. 11 of the Prison Service Act
art. 39816 k.p.c
art. 39815 k.p.c

Cited Case Law

AI generated

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