Legislator Case Law & Legislation
II UK 328/09 AI generated

Supreme Court dismissed cassation, ruling foreign work periods count for early pension if Polish social security contributions were paid.

Case Number II UK 328/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's cassation appeal regarding the claimant's right to an early pension. The court confirmed that work periods abroad performed under direct employment contracts with foreign employers qualify as insured periods under Polish law, provided social security contributions were paid in Poland. The decision relied on the principle that such periods are included in the insurance record unless international treaties or specific employment agreements exempt the worker from Polish coverage.

Legislator headnote

AI generated

Art. 32 ust. 1, 2 i 4 ustawy o emeryturach i rentach; Art. 6 ust. 1 i 2 tej ustawy w związku z art. 7 pkt 3 ustawy o systemie ubezpieczeń społecznych: Foreign employment periods are recognized as insured periods for early retirement benefits if Polish social security contributions were paid, unless international treaties or employment contracts exempt the worker from such coverage.

Keywords

AI generated
early retirement pension foreign employment periods social security contributions direct employment contracts international treaties Social Insurance Institution cassation appeal dismissal

Cited Legislation

AI generated
Art. 32 ust. 1, 2 i 4 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 6 ust. 1 i 2 of the Act on Pensions and Allowances from the Social Insurance Fund in conjunction with Art. 7 pkt 3 of the Act on the Social Security System
Art. 39813 § 1 of the Code of Civil Procedure
Art. 39814 of the Code of Civil Procedure
Art. 98 of the Code of Civil Procedure
art. 22 § 1 k.p
art. 381 k.p.c
art. 39813 § 2 k.p.c
art. 39813 § 1 k.p.c
art. 39814 k.p.c

Cited Case Law

AI generated

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