On 5 March 2021, the Regional Court in Warsaw, 13th Labour and Social Insurance Division, issued a judgment on the basis of which it amended the appealed decision of the Director of the Pension Fund of the Ministry of Internal Affairs and Administration and restored General Henryk Jasik’s right to a pension reduced on the basis of the so-called “repressive law” in the amount prior to 1 October 2017.
The Regional Court agreed with the argument presented by attorney Jan Dudzik, stating, inter alia, that it is not permissible to reduce benefits again (after the Act of 2009) under another regulation aimed at settling the past by changing the rules of functioning of the pension system as regards persons who served in the times of the People’s Republic of Poland. Moreover, applying the resolution of a panel of Seven Judges of the Supreme Court – Labour and Social Insurance Chamber of 16 September 2020, III UZP 1/20, the Regional Court in Warsaw unambiguously stated that General Henryk Jasik (the appellant) did not perform “service for a totalitarian state”.
The decision of the Regional Court in Warsaw is yet another important ruling in the cases conducted by our Law Firm in appeals filed by former officers of the Ministry of the Interior against decisions on the redetermination of retirement and disability benefits issued by the Director of the Pension Fund of the Ministry of the Interior and Administration and at the same time the first one concerning an officer with the rank of general of civilian intelligence. General Henryk Jasik is one of the creators of the intelligence service of the 3rd Republic of Poland, he served, among others, as Director of the Intelligence Board of the State Protection Office. He took part in the secret operation of evacuating CIA agents from Iraq in 1990. He was an advisor to Minister Andrzej Milczanowski. In December 1993, he was appointed Deputy Minister of Internal Affairs.
The matter of restoring the pension of General Henryk Jasik was widely reported in prestigious national media, including Onet.pl on 7 March 2021: https://www.onet.pl/informacje/onetwiadomosci/dezubekizacja-sad-przywrocil-emeryture-gen-jasikowi-ktory-zaslynal-operacja-samum/77endqz,79cfc278
and in Gazeta Wyborcza on 8 March 2021: https://wyborcza.pl/7,75398,26858074,dezubekizacja-sad-przywrocil-emeryture-gen-jasikowi-ktory.html?utm_source=facebook.com&utm_medium=SM&utm_campaign=FB_Gazeta_Wyborcza&fbclid=IwAR3_Bw9MiXrFVmhEP4d2PLj3wdhlfSDDSZl6GfkhDnICjoc5s1yZ3qJ5Qi4
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