Early retirement right denied when unemployment benefit was non-employment related rather than work-based. The court ruled that the statutory condition for early retirement requires a work-based unemployment benefit. The Supreme Court reversed the lower court's dismissal and remanded the case for further fact-finding. The applicant failed to prove the unemployment benefit was tied to employment. The court clarified that non-employment benefits do not satisfy the work-based requirement. The decision emphasizes the strict interpretation of employment status for pension eligibility.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland reversed the appellate court's dismissal of Jerzy M.'s appeal regarding his right to early retirement. The applicant had received an unemployment benefit while employed, but the lower court found the benefit unrelated to his employment status. The court held that the statutory condition for early retirement requires the unemployment benefit to be derived from a work-based relationship, which the applicant failed to prove. Consequently, the case was remanded to the appellate court to determine if the benefit was truly work-related.
Legislator headnote
AI generatedArt. 29 ust. 2 pkt 1 ustawy o emeryturach i rentach; Art. 6 ust. 1 pkt 9 ustawy o systemie ubezpieczeń społecznych: The condition for early retirement is met only if the unemployment benefit was received based on a work-based employment relationship, regardless of subsequent age eligibility, unless the applicant was entitled to a non-work disability pension.