Polish Supreme Court allows pension in lower age despite rural social insurance at application date.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland remanded the case to the appellate court for re-evaluation of pension eligibility. The applicant, Józef R., sought a pension at age 60 based on special working conditions but was denied because he held rural social insurance at the time of application. The court ruled that holding rural insurance does not preclude acquiring rights to a pension in a lower age if statutory conditions are met, citing the complementary nature of the social insurance systems. Consequently, the appellate court must now verify if the applicant fulfilled the specific 15-year special employment requirement within his total insurance period.
Regeste Legislator
Généré par l'IAArt. 32 ust. 1 i 4, art. 27 pkt 2, art. 2a ustawy o systemie ubezpieczeń społecznych; Art. 393 § 1 k.p.c.: Holding rural social insurance at the time of pension application does not exclude the right to a pension in a lower age if statutory conditions are met.