I UK 354/04
AI generated
Social security benefits claim under new law rules; court remands for proper legal assessment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision regarding a widow's mining family pension. The applicant argued for rights based on her husband's death in a work accident, while the lower court applied outdated regulations. The court ruled that benefits must be assessed according to the law in force at the time the claim was filed, necessitating a new trial under current statutes.
Legislator headnote
AI generatedArt. 180 ust. 1 pkt 1, art. 181 pkt 2 ustawy o emeryturach i rentach z 1998 r.; Social security benefits claims are adjudicated according to the law in force at the time of filing, requiring remand for proper application of current regulations.
Keywords
AI generated
social security benefits
mining family pension
temporal validity of law
claim filing date
remand for retrial
work accident death
ex lege rights
Cited Legislation
AI generatedArt. 180 ust. 1 pkt 1 of the Act on pensions and benefits
Art. 181 pkt 2 of the Act on pensions and benefits
Art. 19 ust. 3 of the Act on social insurance