I UK 101/11
AI generated
Supreme Court held pension eligibility requires recent employment status even for disability pension recipients.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling denying early retirement to a pensioner. The insured had received a disability pension but worked on civil-law contracts, which the court ruled did not constitute 'employee' status under the pension law. Consequently, the statutory requirement for recent employment was not met, and the pension claim was invalid.
Legislator headnote
AI generatedArt. 29 ust. 2 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; the condition of recent employment applies to all pensioners, including those receiving disability pensions, and civil-law contracts do not satisfy this requirement.
Keywords
AI generated
pension eligibility
disability pension
employment status
employee definition
civil law contract
early retirement
statutory interpretation
Cited Legislation
AI generatedArt. 29 ust. 2 pkt 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 39821 k.p.c.
art. 233 k.p.c
art. 39815 § 1 k.p.c
art. 108 § 2 k.p.c
art. 39821 k.p.c
Cited Case Law
AI generatedI UZP 7/09
Court ruled that contract workers receiving pre-retirement benefits cannot be considered employees for early retirement eligibility.
III UK 50/09
Supreme Court dismissed pension claim due to prior business activity disqualifying employee status under social insurance law.
II UK 250/09
Supreme Court dismisses pension claim for self-employed person lacking employee status within 24 months prior to application.
I UK 217/10
Supreme Court overturns lower court ruling denying early pension due to misinterpretation of contract nature.
I UK 272/10
Supreme Court quashes pension award due to failure to prove 6-month employment within 24 months prior to application.
I UK 145/05
Supreme Court allows pension claim by non-employee upon retirement age under social insurance law.
II UK 50/09
Supreme Court allows prison officer service to count as employment for pension under specific social insurance law provisions.