Supreme Court rules that periods of receiving rural pension count towards the 20 quarters required for re-qualifying as a farmer.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether periods of receiving a rural pension count towards the 20 quarters of insurance required to re-qualify as a farmer. The applicant argued that the general social security law should allow deducting pension periods from the required insurance duration, while the opposing party contended that the specific rural insurance law excludes such deductions. The court decided that the specific provisions of the rural insurance law prevail, meaning pension periods are fully included in the calculation without any deduction.
Legislator headnote
AI generatedArt. 21 ust. 8 ustawy o ubezpieczeniu społecznym rolników; Art. 58 ust. 2 ustawy o emeryturach i rentach: Periods of receiving a rural pension are included in the last ten years prior to the application for a new rural pension right and count towards the required insurance quarters without deduction.