Social security pension not recoverable if awarded under new law without clear warning to employee.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal against a social security office's order to repay an overpaid pension. The employee had continued working after receiving a pension that should have been suspended under a new law, but the awarding decision lacked a clear warning about this specific provision. The court held that because the decision was issued under the old legal regime and the new rule was not explicitly communicated, the payment was not considered 'unjustly obtained' under the relevant statute.
Regeste Legislator
Généré par l'IAArt. 103 ust. 2a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 138 ust. 2 pkt 1 tej ustawy: A pension paid to an employee continuing employment is not unjustly obtained if awarded under the new suspension rule without a clear, understandable warning in the decision.