Social Security Court rules foreign sick pay delays Polish pension eligibility under Art. 100 ust. 2.

The Supreme Social Security Court ruled that a foreigner residing abroad who receives a sick pay benefit while working in Poland must cease receiving that benefit to acquire the right to a Polish pension. The applicant, a Swedish national, argued that treating foreign sick pay differently from domestic sick pay violated EU principles of equal treatment. The court held that Article 5 of Regulation 883/2004 requires equal treatment of similar circumstances across Member States, meaning the legal consequence of delaying pension eligibility must apply to foreign sick pay just as it does to domestic sick pay.