Legislator Case Law & Legislation
I UK 204/07 AI generated

Supreme Court dismissed appeal; new pension rules do not apply to teachers who met old conditions before July 1, 2004.

Case Number I UK 204/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a pension award granted to a teacher. The court found that while the new Social Security Act excluded sick leave periods from pension calculations, these restrictions did not apply to teachers who fulfilled all eligibility criteria under the old Teachers' Card Act before July 1, 2004. Consequently, the applicant's right to a pension vested upon meeting those pre-existing conditions, rendering the new statutory limitations inapplicable to her case.

Legislator headnote

AI generated

Art. 32 ust. 1a ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 100 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: New statutory restrictions on pension calculation periods do not apply to individuals who fulfilled all eligibility conditions under prior legislation before the new law's effective date, thereby preserving their vested rights.

Keywords

AI generated
pension eligibility retirement conditions retroactive legislation vested rights social security law teachers card act cassation appeal

Cited Legislation

AI generated
Art. 32 ust. 1a of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 100 ust. 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 88 ust. 1 of the Teachers' Card Act
art. 39814 k.p.c

Cited Case Law

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