Legislator Case Law & Legislation
II UKN 324/97 AI generated

Final court ruling does not block pension rights but limits retroactive payment to three years if error caused denial.

Case Number II UKN 324/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of a family pension claim, ruling that a final judgment does not preclude acquiring pension rights if the denial resulted from an administrative or judicial error. The court found the original refusal violated specific age eligibility rules and ordered the case remitted for a new factual assessment. However, because the error was identified after the three-year retroactive period expired, the court limited any potential back-pay to only that three-year window.

Legislator headnote

AI generated

Art. 101 ust. 1 pkt 2, ust. 2 ustawy o zaopatrzeniu emerytalnym pracowników; Final court rulings do not preclude acquiring pension rights if the denial resulted from an administrative or judicial error, but retroactive payment is limited to three years from the date of the new application.

Keywords

AI generated
family pension rights retroactive payment limitation judicial error remedy administrative error correction three year retroactive period pension eligibility age remitted for retrial

Cited Legislation

AI generated
Art. 101 ust. 1 pkt 2 of the Act on Pension Provision for Employees and Their Families
Art. 101 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 33 ust. 1 pkt 3 of the Act on General Pension Provision for Employees and Their Families
Art. 41 ust. 1 and 2 of the Act on Pension Provision for Employees and Their Families
Art. 12 ust. 1 of the Act amending the Civil Procedure Code

Cited Case Law

AI generated
II U 3193/78/6

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