The necessity of applying the canonical event of the loss of clerical state for the deregistration of a clergyman from insurance security. The approving gloss to the judgement of the Court of Appeal in Rzeszów – III Division of Labor and Social Insurance

Abstract

The commented judgement concerns the need to apply the term of canon law, which is the loss of the clerical state to determinate deregistration from compulsory insurance security. It should be identified with the statutory deadline for resignation from the clerical state. The legislator recognized the autonomy of the Catholic Church and rightly applied the terms defined by it. In this respect, he defined both the group of clergy subject to insurance, the moment of coverage of insurance obligation, as well as the event that indicates deregistration from insurance. It is not sufficient for exclusion from insurance a unilateral declaration of resignation from clerical state or pastoral functions undertaken, as the appellant believes. They have no effect in the forum of canon law and have no consequences in social insurance law.