Abstract pension suspension notice fails to create repayment obligation if recipient was unaware of specific grounds.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the pension authority's cassation appeal against a lower court ruling that exempted the claimant from repaying overpaid pension benefits. Although the claimant continued working without terminating employment contracts before retiring, violating the statutory suspension clause, the court found the authority's prior notice was too abstract and lacked specific details about the suspension grounds. Consequently, the court held that without a clear and specific warning, the claimant could not be held liable for repayment even if they had independently discovered the violation.
Regesto Legislator
Generato dall'IAArt. 103 ust. 2a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 138 ust. 1 i 2 ww. ustawy: A general or abstract notice regarding the suspension of pension rights does not establish the recipient's obligation to repay benefits if the recipient was not specifically informed of the circumstances causing the suspension.