Supreme Court allows compensation certificate for pensioners who had rights but could not receive them due to unconstitutional exclusion.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned lower court decisions denying a pensioner the right to receive a compensatory certificate for lost salary increases. The applicant had established rights to special working condition bonuses before the 1991 revaluation law but could not realize them because his pension files were lost and he was excluded by an unconstitutional provision. The court ruled that the statute grants rights to those who met the conditions, not merely those who actively received payments prior to the law's enactment.
Regesto Legislator
Generato dall'IAArt. 3 ust. 2 ustawy z dnia 6 marca 1997 r. o zrekompensowaniu okresowego niepodwyższania płac; The right to a compensatory certificate extends to pensioners who fulfilled the statutory conditions for bonuses but were unable to receive them due to unconstitutional exclusions, rather than being limited to those who actively collected payments before the law's entry into force.