Farmer receiving structural pension and running non-agricultural business is excluded from farmers' social insurance under Art. 16 ust. 3.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a farmer who received a structural pension while operating a non-agricultural business. The court found that the applicant failed to meet the primary condition of Article 5a, which requires continuous agricultural activity or employment on a farm exceeding one hectare. Consequently, the structural pension did not exempt him from social insurance obligations, and the lower court's ruling upholding his exclusion from the farmers' insurance scheme was correct.
Legislator headnote
AI generatedArt. 16 ust. 3 ustawy o ubezpieczeniu społecznym rolników; Art. 5a ust. 1 pkt 2 ustawy o ubezpieczeniu społecznym rolników: A farmer receiving a structural pension and conducting non-agricultural business is excluded from farmers' social insurance and cannot opt for insurance under Article 5a.