Supreme Court dismisses cassation, ruling pension severance applies to public officials transitioning to retirement regardless of employment status.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by the Social Insurance Fund against a lower court awarding pension severance to a public official. The plaintiff argued she could not receive severance while still employed, but the court held the statute grants this right exhaustively without requiring immediate termination of the employment contract. Consequently, the court ruled that the severance must be paid upon the definitive establishment of her pension status, which coincides with the end of her employment relationship.
Regeste Legislator
Généré par l'IAArt. 28 ust. 1 ustawy z dnia 16 września 1982 r. o pracownikach urzędów państwowych; The statutory right to pension severance for public officials transitioning to retirement is exhaustive and cannot be denied based on the continuation of employment; the severance is payable upon the definitive establishment of pension status or the termination of the employment relationship.