Supreme Court ruled that pension notification must be clear enough for the insured to understand their specific situation.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court partially allowed the insured's appeal regarding the calculation period for returning an overpaid pension. The insured argued that the Social Insurance Institution failed to notify them about the need to terminate a second employment contract until October 2000, yet they continued working until June 2002. The court held that while the notification was legally required, it must be sufficiently clear for the insured to apply it to their own circumstances, and the institution's knowledge of the continued employment triggered the 12-month limitation period.
Regeste Legislator
Généré par l'IAArt. 138 ust. 2 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 138 ust. 4 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The notification of circumstances precluding pension rights must be understandable enough for the insured to relate it to their own situation, and the limitation period begins when the institution knows of the continued employment.