Legislator Case Law & Legislation
II UK 230/09 AI generated

Social Security Court dismisses appeal; unpaid contributions periods count only if employment is proven.

Case Number II UK 230/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Social Security Court dismissed Anna G.'s cassation appeal regarding her initial pension capital calculation. The Social Security Institution excluded specific employment periods due to unpaid contributions and lack of formal employment records, while the lower court had recognized her work as a catechist. The court ruled that unpaid contributions alone do not establish a contributory period; the employee must prove actual employment and remuneration, which was not established in this case.

Legislator headnote

AI generated

Art. 2 of the Act of 4 September 2008 on amending the Act on pensions; Art. 88 of the Teachers' Card Act; Art. 8 of the Act on universal pension provision; The period of contributions for which no contributions were paid is recognized as a contributory period only when the insured proves they were in an employment relationship.

Keywords

AI generated
initial pension capital unpaid social security contributions employment relationship proof catechist employment status contributory period recognition remuneration requirement Social Security Court appeal

Cited Legislation

AI generated
Act of 4 September 2008 on amending the Act on pensions
Act of 26 January 1982 on the Teachers' Card
Act of 27 April 1972 on the Rights and Obligations of Teachers
Act of 23 January 1968 on universal pension provision for workers and their families
Act of 17 December 1998 on pensions and allowances from the Social Insurance Fund
art. 39813 § 1 k.p.c
art. 3983 § 1 pkt 1 k.p.c
art. 3983 § 1 pkt 2 k.p.c
art. 39813 § 2 k.p.c
art. 382 k.p.c

Cited Case Law

AI generated

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