Supreme Court dismisses appeal; mandatory social insurance period without contributions excludes pension entitlement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Piotr C. against the Social Insurance Institution's refusal of a pre-retirement benefit. The court held that the mandatory insurance period for non-agricultural business activities, where the applicant failed to pay contributions up to the employment termination date, cannot be counted toward the 40-year pension eligibility requirement. The decision rests on the statutory principle that for individuals obligated to pay their own social insurance premiums, the right to benefits is contingent upon fulfilling the contribution obligation.
Legislator headnote
AI generatedArt. 2 ust. 1 pkt 5 ustawy o świadczeniach przedemerytalnych; Art. 5 ust. 4 ustawy o emeryturach i rentach z FUS: The mandatory social insurance period for non-agricultural business activities is excluded from the pension eligibility period if the applicant failed to pay contributions up to the date of employment termination.