Supreme Court allows pension claim by non-employee upon retirement age under social insurance law.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland quashed the appellate court's dismissal of Danuta Z.'s pension appeal and remanded the case for retrial. The lower court incorrectly ruled that the applicant must have been an employee at the exact moment of reaching retirement age to qualify for benefits under Article 29 of the Social Insurance Act. The court clarified that the statute does not impose a strict employment status requirement at the precise date of retirement, provided other conditions are met. Consequently, the appellate court's legal reasoning was found to violate material law, necessitating a fresh examination of the claim.
Regeste Legislator
Généré par l'IAArt. 29 ust. 1 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The right to a pension under Article 29 may be acquired by an insured person who, at the time of reaching retirement age, was not in employment insurance, as the law does not require continuous employment status at the exact moment of retirement.