Supreme Court allows early pension for worker who lost job and received unemployment benefits before retirement.
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland allowed Donata K.'s appeal against the Social Insurance Institution's denial of her early pension. Although the lower court initially ruled that her final employment was a contract for services rather than a standard employment contract, the Supreme Court corrected this by identifying her unemployment benefit period as the final insurance title. The court held that the statutory requirement for a 'worker' status applies only at the moment of applying for the pension, not at the moment of job loss, thereby granting her the right to retirement.
Regeste Legislator
Généré par l'IAArt. 29 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 13 pkt 9 ustawy o systemie ubezpieczeń społecznych: The right to early pension under Art. 29 is acquired by a person who possessed the required worker status and pensionable service at the time of job termination, even if they subsequently received unemployment benefits.