Wednesday, July 27, 2016

End indefinite prosecution by ZUS and KRUS – GazetaPrawna.pl

Adopted by the government project was March 18 this year, but only Constitutional Court’s judgment of 6 July 2015 (ref. No. 131/15 P act) caused the government returned to the previously prepared document.

Judges of the Constitutional Tribunal decided that Article. 84 para. 3 of the Act of 13 October 1998. Social Insurance System (Journal of Laws of 2015. Pos. 121 as amended.) Is incompatible with the Basic Law to the extent permitted, regardless of the passage of time a decision ordering the return of benefits rehabilitation. On the basis of the challenged provision ZUS was not limited by a deadline to issue a decision requiring the recovery of unlawfully collected benefits. Indeed authority entitled to reimbursement of undue collected benefits for the last three years, but the term does not undergo time-barred. Thus, the pension agency could demand reimbursement of the overpayment, even after many years. Lapse of time elapsed and after 10 years from the date of the final decision on the return of payment.

So it was in the case of a person whose case was the reason for the legal question of TK. ZUS since 2014. Sought reimbursement of unduly paid rehabilitation services in 1998. After the entry into force of the law, such cases will no longer be possible.

Step legislative

The bill adopted by the government

Recommended product: 2016 benefits & gt; & gt;

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