Teacher on leave for union duties retains pension rights if no longer employed as teacher when applying.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court overturned the appellate court's dismissal of Ewa K.'s pension claim, ruling that she remained eligible for a teacher's pension. Although the Social Insurance Institution denied benefits because she was employed as a union secretary, the court found no legal requirement for her to be a teacher immediately prior to filing the application. The decision established that a teacher on leave for union functions does not lose pension rights if they cease teaching status and are no longer on leave when applying, even if they later take other employment.
Regesto Legislator
Generato dall'IAArt. 88 ust. 1 Karty Nauczyciela; Art. 25 ustawy o związkach zawodowych: A teacher on leave for union duties retains the right to a teacher's pension if, at the time of application, they are no longer employed as a teacher or on leave, provided they meet other statutory requirements.