Supreme Court dismissed cassation regarding widow's mining family pension rights after remarriage under specific social security laws.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a widow against the Social Insurance Institution's refusal of a mining family pension. The court found that the applicant failed to establish a right to the specific mining pension under the relevant 1983 Act because she remarried before the new law took effect, leaving her with only a suspended work accident pension. Consequently, the lower courts correctly applied the law, and the cassation was rejected without costs.
Regesto Legislator
Generato dall'IAArt. 181 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 24 ustawy z dnia 1 lutego 1983 r. o zaopatrzeniu emerytalnym górników i ich rodzin: The right to a mining family pension for a widow is established only by a social security authority decision based on the 1983 Act if she did not acquire such a right under that Act prior to the new law's entry into force, as the 1998 Act does not preserve rights based on the 1968 work accident law.