Supreme Court allows pension when family pension overlaps with war invalidity pension rights.
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland allowed the appellant's appeal, overturning the lower court's dismissal of her pension claim. The appellant argued that the Social Security Act's general rule for overlapping benefits should apply to her case, where she received a family pension after her husband's death while simultaneously qualifying for a war invalidity pension. The court rejected the lower court's reliance on a specific exclusion clause, ruling that because the appellant did not hold a direct war invalidity pension herself, the general principle of choosing the higher benefit under the Social Security Act governed the situation.
Regeste Legislator
Généré par l'IAArt. 54 ust. 3 ustawy o zaopatrzeniu inwalidów wojennych i wojskowych; Art. 95 ust. 1, 2 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: In the event of overlapping rights to a pension and a family pension following a war invalid, only one benefit is granted, which must be the higher one or the one selected by the interested party.