Legislator Case Law & Legislation
I UK 101/10 AI generated

Marriage after 1999 does not suspend widow's miner's pension under new social security law.

Case Number I UK 101/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed the insured woman's appeal against the suspension of her miner's family pension due to remarriage after January 1, 1999. The lower courts had initially suspended the pension, but the Supreme Court found that the new Social Security Law does not list remarriage as a statutory condition for terminating such pensions. Consequently, the court ruled that the right to the pension established under the old mining law remains valid and cannot be withheld based on the date of remarriage.

Legislator headnote

AI generated

Art. 180 ust. 1 pkt 1 ustawy o emeryturach i rentach; Art. 134 ust. 1 pkt 1 ustawy o emeryturach i rentach: Remarriage by a widow receiving a miner's family pension after the new law's entry into force does not justify suspending or terminating the pension.

Keywords

AI generated
miner's family pension remarriage consequences social security law statutory conditions pension suspension widow's rights legal transition

Cited Legislation

AI generated
Art. 180 ust. 1 pkt 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 134 ust. 1 pkt 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 181 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 195 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 398 § 1 of the Code of Civil Procedure
art. 71 Konstytucji RP
art. 39815 § 1 k.p.c

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