Social security court dismisses pension claimant's appeal, ruling non-contributory periods must not exceed one-third of total EU contribution periods.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the pension authority's cassation appeal against a lower court ruling granting a partial pension to a migrant worker. The authority argued that excluding foreign contribution periods for calculating the one-third non-contributory period limit was justified by administrative difficulties. The court rejected this, citing EU law that requires all contribution periods across member states to be considered when determining this specific limit. Consequently, Polish non-contributory periods could only count up to one-third of the combined Polish and EU contribution periods.
Legislator headnote
AI generatedArt. 5 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; art. 45 ust. 1 rozporządzenia Rady (EWG) nr 1408/71: When determining the minimum insurance period required for a migrant worker to acquire a right to a pension, the competent institution must consider all insurance periods achieved by the worker, including those in other Member States, for the purpose of establishing the limit that non-contributory periods may not exceed.