Legislator Case Law & Legislation
II UZP 10/11 AI generated

Social security court decision not bound by lustration institute's service record regarding police pension calculation.

Case Number II UZP 10/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Social Security Court dismissed the appeal against a pension reduction decision for a former security service officer. The court held that the Pension Fund Director's decision was not bound by the Institute of National Remembrance's service record, which classified a specific period as security service. The court ruled that the pension law and lustration law must be interpreted consistently, and since the legislature did not explicitly include the officer school in the lustration definition, the pension calculation stands.

Legislator headnote

AI generated

Ustawa o zaopatrzeniu emerytalnym funkcjonariuszy; ustawa o ujawnianiu informacji o dokumentach organów bezpieczeństwa państwa: The pension authority's decision is not bound by lustration institute records, and pension laws must be interpreted consistently with lustration laws, favoring the individual only where statutory ambiguity exists.

Keywords

AI generated
pension reduction decision security service classification lustration law interpretation social security appeal institutional status definition

Cited Legislation

AI generated
art. 15b in conjunction with art. 32 ust. 1 pkt 1 of the Act on Pension Provision for Police Officers and Other Security Service Personnel
art. 2 ust. 1 pkt 5 and ust. 3 of the Act on Disclosure of Information on Documents of State Security Organs from 1944-1990
art. 233 k.p.c
art. 233 § 1 k.p.c
art. 390 § 1 k.p.c
art. 178 ust. 1 Konstytucji RP
art. 390 § 2 k.p.c

Cited Case Law

AI generated

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