Legislator Case Law & Legislation
I UK 119/05 AI generated

Supreme Court denied pension rights because farm work before social insurance did not count for disability pension. The court ruled that only paid insurance periods qualify for disability benefits. This decision clarifies the distinction between pension and disability pension eligibility rules. The applicant failed to meet the 25-year requirement without the excluded farm work periods.

Case Number I UK 119/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the applicant's appeal against a lower court ruling that granted a disability pension. The applicant argued that his pre-insurance farm work should count toward the required 25-year period for disability benefits. The court held that Article 10 of the Social Insurance Act explicitly excludes farm work periods before social insurance coverage when calculating eligibility for disability pensions, unlike emigration pensions. Consequently, the applicant failed to meet the statutory requirements and the lower court's decision was overturned.

Legislator headnote

AI generated

Art. 57 ust. 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 10 ust. 2 ustawy o ubezpieczeniu społecznym rolników: When determining eligibility for a disability pension, only periods of paid social insurance for farmers are considered, excluding pre-insurance farm work periods.

Keywords

AI generated
disability pension eligibility farm work periods social insurance law pre-insurance coverage pension calculation rules

Cited Legislation

AI generated
Art. 57 ust. 2 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 10 ust. 2 of the Act on Social Insurance for Farmers
art. 3931 § 1 k.p.c
art. 39315 k.p.c

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