Legislator Case Law & Legislation
I PZP 3/10 AI generated

Supreme Court rules judges' pension not based on last post if not a regular judge post.

Case Number I PZP 3/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the legal question regarding whether a judge's pension should be calculated based on their last position as an Ombudsman. The plaintiff, a judge appointed to the Ombudsman role, argued for a higher pension based on that temporary post, while the Court noted the specific statutory provisions governing judges' pensions. The Court ruled that the phrase 'last held position' refers only to regular judge posts, excluding temporary delegations, thereby denying the claim for a pension calculated on the Ombudsman's salary.

Legislator headnote

AI generated

Art. 100 § 2 ust. 1 p.u.s.p.; Art. 100 § 3 p.u.s.p.: The term 'last held position' in calculating a judge's pension refers exclusively to regular judge posts, excluding temporary delegations to other roles.

Keywords

AI generated
judges pension calculation temporary judicial post Ombudsman role statutory interpretation pension base salary

Cited Legislation

AI generated
Art. 100 § 2 ust. 1 p.u.s.p.
Art. 100 § 3 p.u.s.p.
Art. 77 p.u.s.p.
Art. 77 § 5 p.u.s.p.
Art. 227 k.p.c.
art. 179 Konstytucji
art. 178 Konstytucji RP
art. 227 k.p.c

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