Skazanie za przestępstwo korupcyjne z art. 228 k.k. jako przesłanka utraty prawa do zaopatrzenia emerytalnego emerytowanego funkcjonariusza Policji
Conviction for a corruption offence as a premise for the termination of the right to pension provision of a retired police officer

Summary/Abstract: The commission of a corrupt act resulting in the loss of a police officer’s right to pension provision always remains in a specific relation to the service relationship, with the proviso that in the case of retired officers it will be a ‘state of inactivity’ (retired status). There is a cause-and-effect relationship between the conduct of a retired officer and the right to pension provision based on the principle of equivalence of the parties’ benefits, and the imposition of a criminal sanction on the entitled person for committing a statutorily defined act leads to the violation of this relationship. The consequences in the form of the loss of the right to pension provision under the Provision Act are linked to the fact that the pensioner has been convicted of a corruption offence by a final court judgment. The forfeiture of the right takes place ex lege, i.e. by virtue of the Provision Act with effect from the moment of the final conviction, while the decision of the pension authority on the forfeiture of the right (as on the acquisition of the right) to the pension benefit is of a declaratory nature and only confirms the fulfilment of the statutory condition for forfeiture for the purposes of withholding payment of the benefit.

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