Social Security Court dismisses appeal; recipient of pension via fraud must repay regardless of employer's role.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the applicant's cassation appeal regarding the return of an improperly paid early pension. The applicant, who had been employed until late 1995, received a pension starting January 1996 after a formal dismissal that the court found to be a sham designed to facilitate early retirement. The court ruled that the applicant, having knowingly obtained the benefit through false documents or conscious deception, bears the primary obligation to repay the funds. Consequently, the applicant cannot use the employer's alleged role in the payment process as a defense against the statutory duty to return the nontitled benefit.
Regeste Legislator
Généré par l'IAArt. 138 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 84 ust. 6 ustawy systemowej: The recipient of a pension obtained through false documents or conscious deception of the social security authority is personally obligated to return the benefit and cannot rely on the employer's involvement as a defense.