Supreme Court allows dual pension rights when military and social service periods are not mutually recognized.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court quashed the appellate court's dismissal of the applicant's claim for a social pension. The applicant argued that his military pension did not account for his civilian employment period, while the lower courts held that military pension recipients were excluded from social pensions. The court ruled that the statutory exclusion applies only when periods are mutually recognized, allowing the applicant to receive both pensions if his service periods were not combined. Consequently, the case was remanded for a new decision based on this corrected legal interpretation.
Regeste Legislator
Généré par l'IAArt. 2 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 7 ustawy o zaopatrzeniu emerytalnym żołnierzy zawodowych: The exclusion of military pension recipients from social pensions applies solely when service periods are mutually recognized; otherwise, dual pension rights may coexist.