Legislator Case Law & Legislation
III UK 5/10 AI generated

Supreme Court dismisses cassation, ruling new law cannot override old rules if it denies pension rights upon re-disability.

Case Number III UK 5/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court decision denying a family pension to the applicant. The deceased father had been receiving a periodic farm pension and later re-entered the social security system after regaining capacity, but the lower court denied the family pension because he failed to meet the 20 quarters of insurance requirement under the new 2004 law. The Supreme Court held that the new law's direct application would violate the constitutional essence of social security protection by preventing the father from qualifying for a farm pension upon re-disability, thus applying the old law instead.

Legislator headnote

AI generated

Art. 29 ust. 1 pkt 2 ustawy o ubezpieczeniu społecznym rolników; Art. 398 § 14 k.p.c.: The principle of direct application of new law is limited when it would prevent an insured person from meeting conditions for a farm pension upon re-disability, thereby violating the constitutional essence of social security protection.

Keywords

AI generated
farm pension social security law direct application of law re-disability insurance quarters constitutional protection family pension

Cited Legislation

AI generated
Art. 29 ust. 1 pkt 2 ustawy o ubezpieczeniu społecznym rolników
Art. 398 § 14 k.p.c.
art. 67 ust. 1 Konstytucji RP
art. 39814 k.p.c

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