Supreme Court dismisses pension claim for using 10 years instead of 5 years of earnings history.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the insured's appeal against a lower court ruling that rejected a request to recalculate pension benefits. The insured argued for a 10-year earnings period, but the court found this violated the statutory requirement to use the same number of years as the previous disability pension, which was based on 5 years. Consequently, the court held that the lower court correctly applied the law by refusing to extend the calculation period beyond the original 5-year span.
Regesto Legislator
Generato dall'IAArt. 21 ust. 1 pkt 1 ustawy o emeryturach i rentach; Art. 111 ust. 1 pkt 1 ustawy o emeryturach i rentach: When recalculating pension benefits based on prior disability pension data, the number of consecutive calendar years used must match the period established for the previous benefit, not exceed it.