Supreme Court allows family pension retroactive to death date if death declaration was filed without undue delay.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Fund's cassation appeal, allowing the applicant to receive a family pension retroactively to his father's death date. The applicant argued that he could not file the pension claim before the court declared his father deceased, a process mandated by law for missing persons. The court ruled that the statutory time limit for filing the pension claim should not be interpreted literally when the delay was caused by mandatory legal procedures rather than the applicant's fault.
Legislator headnote
AI generatedArt. 30 § 1 k.c.; Art. 129 ust. 1 and 2 of the Social Insurance Act; The right to a family pension may be granted retroactively to the date of death if the application for the death declaration was filed without undue delay, overriding the strict time limit for the pension claim itself.