Family pension granted to heirs even if deceased had no pension rights but met long-term contribution requirements.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a lower court ruling that granted a family pension to the deceased's minor child. The Social Insurance Institution had denied the claim because the deceased, a woman, did not meet the strict five-year contribution requirement within the last ten years before death. The court ruled that while the five-year rule applies to disability pensions, it does not apply to family pensions when the deceased has already met the general long-term contribution threshold for a full pension.
Regesto Legislator
Generato dall'IAArt. 65 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 57 ust. 2 w zw. z art. 65 ust. 2 tej ustawy: Family pension rights are established for heirs if the deceased met the general long-term contribution requirements for a full pension and was treated as totally unable to work, without needing to prove the specific five-year contribution period within the last decade.