On Old-Age and Disability Pensions from the Social Insurance Fund
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Journal of Laws 1998 No. 162 item 1118
ACT of 17 December 1998 on Old-Age and Disability Pensions from the Social Insurance Fund
Developed on the basis of: uniform text in Journal of Laws of 2004 No. 39, item 353, No. 64, item 593, No. 99, item 1001, No. 120, item 1252, No. 121, item 1264, No. 144, item 1530, No. 191, item 1954, No. 210, item 2135, No. 236, item 2355.
Section I General provisions
Chapter 1 Scope ratione personae and ratione materiae of the Act
Article 1. 1. The Act specifies:
1) the terms of acquisition of the entitlement to cash benefits from old-age and disability insurance; 2) the principles of determining the amount of benefits; 3) the principles and procedure of awarding and payment of benefits.
2 - 3. (repealed)
4. The terms of acquisition of the entitlement to cash benefits from social insurance in case of employment injuries and occupational diseases and the amounts of those benefits are specified in separate provisions.
Article 2. 1. The following persons are entitled to benefits on terms and in amounts provided for in the Act:
1) insured persons – where they meet the conditions for acquiring entitlement to cash benefits from the old-age and disability insurance under the Social Insurance Fund, with the exception of insured persons who have a determined entitlement to pension specified in the provisions on pensions of professional soldiers and in the provisions on old-age pensions of functionaries of the Police, Office of State Protection, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, State Fire Protection Services, and Prison Guards, calculated allowing for contributory periods mentioned in Article 6 paragraph 1 subparagraphs 1-3, 5 and 7- 10, and in paragraph 2;
2) family members surviving after the death of insured persons or persons entitled to cash benefits from the old-age and disability insurance under the Social Insurance Fund, with the exception of family members surviving after the death of an insured person who has a determined entitlement to a police or military pension, calculated allowing for contributory periods mentioned in Article 6 paragraph 1 subparagraphs 1- 3, 5 and 7-10, and in paragraph 2.
2. Professional soldiers and functionaries of the Police, Office of State Protection, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, State Fire Protection Services, and Prison Guards are also entitled to benefits on terms and in amounts specified in the Act if they do not meet the conditions for acquiring the entitlement to benefits specified in provisions on pensions for those persons, and family members surviving after the death of those persons.
Article 3. Benefits specified in the Act include:
1) an old-age pension; 2) an invalidity pension, including training pension; 3) a survivors’ pension; 4) a nursing supplement; 5) a supplement to a survivors’ pension for a full orphan; 6) a funeral grant.
Article 4. Names used in the Act shall have the following meaning:
1) old-age pensioner – a person with an established old-age pension entitlement;
2) life pension – a pension from a pension institution operating on the basis of provisions on pension institutions;
3) Fund – the Social Insurance Fund mentioned in provisions on the Social Insurance System;
4) insured person’s account – insured person’s account specified in provisions on the Social Insurance System, maintained by the Social Insurance Institution herein referred to as the "Institution";
4a) amount of the annual old-age and disability pension insurance assessment base – the annual contribution assessment base with regard to old-age and disability pension insurance in the particular calendar year, specified in Article 19 paragraph 1 of the Act of 13 October 1998 on Social Insurance System (Journal of Laws No. 137, item 887, as amended1);
1 Amendments to the Act have been announced in Journal of Laws of 1998: No. 162, item 1118 and 1126, of 1999: No. 26, item 228, No. 60, item 636, No. 72, item 802, No. 78, item 875 and No. 110, item 1256, of 2000: No. 9, item 118, No. 95, item 1041, No. 104, item 1104 and No. 119, item 1249, of 2001: No. 8, item 64, No. 27, item 298, No. 39, item 459, No. 72, item 748, No. 100, item 1080, No. 110, item 1189, No. 111, item 1194, No. 130, item 1452 and No. 154, item 1792 , of 2002: No. 25, item 253, No. 41, item 365, No. 74, item 676, No. 155, item 1287, No. 169, item 1387, No. 199, item 1673, No. 200, item 1679 and No. 241, item 2074, of 2003: No. 56, item 498, No. 65, item 595 , No. 135, item 1268, No. 149, item 1450, No. 166, item 1609, No. 170, item 1651, No. 190, item 1864, No. 210, item 2037, No. 223, item 2217 and No. 228, item 2255, and of 2004: No. 19, item 177, No. 64, item 593 and No. 99, item 1001. 5) insurance period – the period of payment of old-age and disability pension insurance contributions and the period of non-payment of contributions due to the exceeding of the annual contribution assessment base mentioned in provisions on Social Insurance System during the calendar year;
6) body for old-age and disability pensions – the organisational unit of the Institution, specified in the provisions on the Social Insurance System, competent for issuing decisions concerning benefits;
7) open-end pension fund – the fund selected by the insured person from among pension funds mentioned in provisions on the organisation and functioning of pension funds;
8) contribution payer – the contribution payer mentioned in provisions on the Social Insurance System;
9) average wage – the average monthly gross wage in the national economy, announced in the Official Journal of the Republic of Poland "Monitor Polski" by the President of the Central Statistical Office;
10) disability pension – invalidity pension and survivors’ pension;
11) disability pensioner – a person with an established entitlement to the invalidity pension or to the survivors’ pension;
12) old-age and disability pension insurance – insurance mentioned in provisions on the Social Insurance System;
13) insured person – a person subject to old-age and disability pension insurance specified in provisions on the Social Insurance System, as well as the person who, before the effective date of the Act was subject to social insurance or pension entitlement, with the exception of farmers’ social insurance.
Chapter 2 Periods taken into account in the establishment of the entitlement to benefits and their amounts
Article 5. 1. In the course of determining the entitlement to old-age and disability pensions and calculating their amounts, the following periods are taken into account, subject to paragraphs 2-5:
1) contributory periods mentioned in Article 6; 2) non-contributory periods mentioned in Article 7.
2. In the course of determining the entitlement to old-age and disability pensions and calculating their amounts, non-contributory periods are taken into account to the extent not exceeding one third of the proven contributory periods.
2a. The periods mentioned in Article 6 paragraph 1, subparagraph 4 and subparagraph 6 letters a-e and g, are not taken into account in the course of determination of the entitlement to old-age and disability pensions and calculating their amounts if on their basis the entitlement to cash benefits specified in the provisions of pension entitlements of persons mentioned in Article 2 paragraph 2 has been established.
3. In the course of determining the entitlement to an old-age or disability pension, the periods:
1) of veterans’ activity and activity equivalent to veterans’ activity, as well as periods included in the periods of such activity and periods during which the eligible person was subject to war and post-war repressions mentioned in Article 6 paragraph 1 subparagraph 5,
2) of forced labour mentioned in Article 6 paragraph 2 subparagraph 2
- are taken into account as double their length.
4. In the course of determining the entitlement to an old-age or disability pension for:
1) payers of contributions obliged to pay contributions for their own old-age and disability pension insurance, 2) persons cooperating with persons conducting economic activities outside agriculture
- periods for which contributions have not been paid are not taken into account despite the fact of being covered by compulsory old-age and disability pension insurance during that period.
5. With regard to insured persons obliged to pay contributions for their own social insurance for the period before the effective date of the act, and persons cooperating with persons conducting economic activities outside agriculture before the effective date of the Act, the provision of paragraph 4 shall apply accordingly. Article 6. 1. The following periods are contributory periods:
1) periods of insurance;
2) periods of payment of social insurance contributions in the amounts specified in the provisions on the organisation and functioning of social insurance, in provisions mentioned in Article 195 subparagraphs 1-4 and 8, in provisions on the Bar, in provisions on employment and prevention of unemployment, and in provisions on social assistance;
3) periods included in the periods of social insurance of the clergy:
a) periods during which a person was a clergyman before 1 July1989, provided that the social insurance contributions were paid for the entire period during which that person was subject to that insurance,
b) periods during which clergymen stayed on missions and periods during which the clergymen conducted pastoral work among Polish émigré circles, taking place after 14 November 1991, until the effective date of the Act;
4) periods of active military service in the Polish Army or periods equivalent to them, or periods of substitutive forms of that service;
5) periods of veterans’ activity and activity equivalent to veterans’ activity, as well as periods included in the periods of such activity and periods during which the eligible person was subject to war and post-war repressions, specified in the provisions on veterans and certain persons who are victims of war and post-war repressions;
6) periods of service in the following formations in Poland: a) Police (Citizens’ Militia),
b) Office of State Protection, Internal Security Agency, Intelligence Agency (public security bodies),
c) Border Guards, d) Prison Guards, e) State Fire Protection Services, f) Customs Services, g) Government Security Bureau;
7) periods of collection of the maternity allowance;
8) periods of imprisonment served in prisons or other places of isolation within the territory of Poland on the basis of a conviction or without a sentence after 31 December 1956 for political activities;
9) periods of employment abroad for persons who were not Polish nationals at that time if those persons returned to Poland after 22 July 1944 and were considered to be repatriates; 10) periods of work provided after 1956 for the benefit of political organisations and trade unions which were illegal within the meaning of regulations in force until the end of 1989.
2. The following periods, falling before 15 November 1991, for which the social insurance contribution was paid or for which there was no obligation to pay social insurance contributions, are also considered to be contributory periods:
1) periods of employment after the person concerned has turned 15:
a) within the territory of Poland – to the extent not less than half of the full working time if the employer collected wages or social assistance allowances: sickness allowance, maternity allowance or child-minding allowance, or sickness pension during those periods,
b) for Polish nationals abroad – in Polish diplomatic delegations and consular offices, in permanent delegations to the United Nations, and in other missions or special missions, as well as other Polish outposts, institutions or enterprises to which they have been delegated or appointed; this also refers to members of the delegated or appointed worker’s family who commenced employment in those outposts during their stay abroad,
c) for Polish nationals abroad – in international organisations, foreign institutions and in institutions to which they were sent under the international cooperation or in which they were employed with the consent of the competent Polish authorities; the consent is not required with regard to workers who left Poland before 9 May 1945,
d) for Polish nationals abroad – working for other foreign employers if during the period of work abroad contributions to social insurance in Poland were paid;
2) periods of forced labour:
a) performed for Nazi Germany during the Second World War,
b) performed within the territory of the Union of Soviet Socialist Republics during the period from 17 September 1939 to 31 December 1956,
c) performed upon the order of Allied Forces until 31 December 1945,
d) performed in coal mines, quarries, uranium ore mining and enriching plants, and in construction battalions during military service in the Polish Army;
3) periods of employment of minors within the territory of Poland on principles specified in provisions binding before 1 January 1975;
4) periods of work performed during the penalty of imprisonment, short-term detention for an offence and during provisional detention within the territory of Poland – to the extent of working time no shorter than half of the entire working time specified for such work; 5) periods of non-performance of work after the conclusion of employment if remuneration or compensation has been paid for those periods pursuant to the provisions of the Labour Code;
6) periods of temporary unemployment within the territory of Poland due to inability to find it or inability to undergo vocational training, including periods of collection of allowances from the vocational activation fund, unemployment allowances and training allowances from the Labour Fund;
7) periods of holding the office of a Deputy to Parliament or Senator in Poland;
8) periods of internment pursuant to Article 42 of the Decree of 12 December 1981 on martial law (Journal of Laws No. 29, item 154, of 1982 No. 3, item 18 and of 1989 No. 34, item 178);
9) periods of performance of creative or artistic activities within the territory of Poland:
a) covered by social insurance obligation, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) falling before 1 January 1974, accepted by the Commission for Authors’ Pension Entitlement, operating by the minister competent for culture, provided that the author or artist paid social insurance contributions after 31 December 1973;
10) periods of work of barristers performed within the territory of Poland:
a) covered by the social insurance obligation, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) before the date of covering the person with the social insurance obligation for the performance of that work;
11) periods of performance of home employment performed within the territory of Poland:
a) covered by the social insurance obligation, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) before the date of covering the person with the social insurance obligation for the performance of that work, if during those periods the person performing such work obtained wages of at least half of the lowest wage currently in force, specified on the basis of the provisions of the Labour Code;
12) periods of work within the territory of Poland, performed in agricultural production cooperatives and in other cooperatives associated in the Central Union of Agricultural Production Cooperatives, in group farms of cooperatives of farming groups associated in the National Union of Farmers, Farming Groups and Organisations, and work for those cooperatives:
a) covered by the social insurance obligation, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) before the date of covering the person with the social insurance obligation for the performance of that work;
13) periods of work within the territory of Poland performed for national economy entities on the basis of an agency contract or contract of mandate, and cooperation in the performance of such a contract:
a) covered by the social insurance obligation, and periods of continuation of that insurance, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) performed before 1 January 1976 if the agreement corresponded to the terms of insurance binding on that day;
14) periods of economic activity outside agriculture within the territory of Poland:
a) covered by the social insurance obligation, and periods of continuation of that insurance, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions,
b) conducted before the person was covered by the insurance obligation with regard to such work if the conducting of business activity corresponded to the terms of insurance;
15) periods of cooperation in conducting economic activity outside agriculture within the territory of Poland covered by the social insurance obligation, and periods of continuation of that insurance, for which social insurance contributions were paid, or during which the insured person was exempted from paying the contributions;
16) periods of social insurance of clergymen within the territory of Poland, for which contributions were paid for that insurance or during which the person concerned was exempted from the payment of contributions;
17) periods of receiving a sports grant for taking part in competitive sports within the territory of Poland for a person over 15 years of age, with the exception of periods during which the grant was collected by persons learning or studying in the full-time study system.
3. The following periods are considered to be periods of work within the territory of Poland mentioned in paragraph 2:
1) periods of employment and periods of work performed within the territory of Poland within its current frontiers, and
2) periods of employment and periods of work performed within the territory of Poland before the determination of its current frontiers. Article 7. The following periods are non-contributory periods:
1) periods of collecting: a) remuneration for a period of incapacity for work, paid out pursuant to the provisions of the Labour Code,
b) social insurance allowances: sickness allowance and child-minding allowance,
c) rehabilitation benefit,
d) benefits mentioned in letters b and c after the expiry of the insurance obligation;
2) periods of collecting sickness pension after the end of employment, to the extent of working time no shorter than half of the working time binding in that profession, or after the expiry of the social insurance obligation under other provisions;
3) periods of non-performance of work after the conclusion of employment if remuneration or compensation has been paid for those periods pursuant to the provisions of the Labour Code;
4) periods of non-performance of work during the period before 4 June 1989 due to political repressions, no longer however than 5 years;
5) periods of parental leaves, unpaid leaves granted pursuant to provisions concerning unpaid leaves for working mothers taking care of small children, other unpaid leaves granted for that purpose and periods of non-performance of work granted for the purpose of taking care of a child, falling before the date of acquisition of the entitlement to old-age or disability pension:
a) for a child aged up to 4 – up to 3 years for each child and jointly – regardless of the number of children – up to 6 years,
b) for a child whose physical, mental or psychophysical condition justifies a medical allowance – additionally up to 3 years for each child;
6) periods of care for a war invalid within the 1st group of invalidity or considered to have full incapacity for work and independent existence, provided by a member of his or her family aged over 16 who did not generate monthly income exceeding half of the lowest wage during the period of providing care, falling before the date of acquisition of the entitlement to old-age or disability pension;
7) periods of non-performance of work, up to 6 years long, caused by the need to take care of another member of the family, other than a child, within the 1st group of invalidity or considered to have full incapacity for work and independent existence, or considered to be severely disabled, provided by a member of his or her family aged over 16 who did not generate monthly income exceeding half of the lowest wage during the period of providing care, falling before the date of acquisition of the entitlement to old-age or disability pension;
8) periods of unpaid leave and breaks in employment in the cases where the spouses of workers delegated to work in diplomatic delegations, consular offices, permanent delegations to the United Nations and in other special missions abroad, in institutes, information and culture centres abroad did not receive an unpaid leave;
9) periods of study at a university on one faculty, provided that the education is completed, up to the number of years specified in the study curriculum;
9a) periods of doctorate studies and scientific postgraduate studies up to the extent specified in the decision to establish such studies;
9b) periods of junior lecturer’s preparatory studies;
10) periods of professional training for doctors in clinical hospitals of medical universities and in wards of scientific institutes performed as volunteers – up to 1 year;
11) periods of collecting early retirement allowance and early retirement benefit;
12) periods of documented incapacity for work for which unemployment allowances, training allowances or grants have been paid from the Labour Fund.
Article 8. In the course of determination of the entitlement to old-age and disability pensions and calculation of their amounts, periods of insurance abroad are taken into account if this is provide for in international agreements.
Article 9. 1. Periods of employment of Polish nationals abroad mentioned in Article 6 paragraph 1 subparagraph 9 and paragraph 2 subparagraph 1 letter c, as well as periods mentioned in Article 7 subparagraph 8, are taken into account provided that the person concerned resides permanently within the current territory of the Republic of Poland, subject to paragraph 3.
2. Periods of employment mentioned in Article 6 paragraph 2 subparagraph 1 letter a, performed within the territory of Poland at the time when that territory was not part of the Polish State, and periods of forced labour mentioned in Article 6 paragraph 2 subparagraph 2 letters a and b, are taken into account provided that the person concerned resides permanently within the current territory of the Republic of Poland, subject to paragraph 3.
3. Periods mentioned in paragraphs 1 and 2, are not taken into account for the purpose of determination of the entitlement to benefits if a pension benefit other than a pension from additional insurance is paid from a foreign institution for those periods.
Article 10. 1. In the course of determination of the entitlement to a pension and the calculation of the amount of that pension also the following periods are taken into account and they are treated, subject to Article 56, as contributory periods:
1) periods of social insurance of farmers for which contributions provided for in separate provisions have been paid,
2) periods of running a farm for a person over 16 years of age, falling before 1 July 1977,
3) periods of working on a farm for a person over 16 years of age, falling before 1 January 1983, if contributory periods and non-contributory periods determined on the basis of principles specified in Articles 5-7 are shorter than the period required for the awarding of the pension, to the extent necessary to complement that period.
2. Periods mentioned in paragraph 1 subparagraph 1 are taken into account also for the purpose of determination of the entitlement to invalidity pension if contributory periods and non-contributory periods determined on principles specified in Articles 5-7 are shorter than the period required for the awarding of the invalidity pension, to the extent necessary to complement that period.
3. Periods mentioned in paragraphs 1 and 2 are not taken into account if they have been included among periods on which the old-age or disability pension depends pursuant to provisions on social insurance of farmers.
Article 10a. 1. For the purpose of determination of the entitlement to old-age pension for a person who has reached the pensionable age of at least 60 for women and at least 65 for men and lost the entitlement to an invalidity pension from the Fund due to regaining the capacity for work, also periods of collection of that pension are taken into account if contributory periods and non-contributory periods determined on the basis of principles specified in Articles 5-7 and 10 are shorter than the period required for awarding the pension, to the extent necessary to complement that period.
2. Periods of collection of the invalidity pension are not taken into account if they converge with the periods mentioned in Articles 6, 7 and 10, taken into consideration for the purpose of determination of the entitlement to the old-age pension.
Article 11. If periods mentioned in Articles 6, 7 and 10 converge, the more beneficial periods are taken into account for the purpose of determination of the entitlement to benefits specified in the Act.
Chapter 3 Incapacity for work
Article 12. 1. A person not capable of work within the meaning of the Act is a person who has completely or partially lost the ability to perform paid work due to the impairment of the functions of his or her organism and there is not chance he or she will regain the capacity for work after retraining.
2. A person with total incapacity for work is a person who has lost the ability to perform any kind of work.
3. A person with partial incapacity for work is a person who has lost the ability to perform work compliant with the level of that person’s qualifications to a significant degree.
Article 13. 1. The following factors are taken into consideration for the assessment of the degree and permanency of incapacity for work, as well as the prognosis concerning the chances of that person regaining the capacity for work:
1) the degree to which the ability of the organism has been impaired and possibilities of regaining the necessary ability through treatment and rehabilitation; 2) the possibility of performing previous work or undertaking other work, as well as purposefulness of vocational retraining, considering the type and nature of work previously performed, the level of education, age and psychophysical abilities.
2. Total incapacity for work is announced if based on the current medical knowledge there is no prognosis that the person concerned will regain working capacity.
3. Periodic incapacity for work is announced if based on the current medical knowledge there is prognosis that the person concerned will regain working capacity.
4. The retaining of capacity for work in conditions specified in the provisions on vocational and social rehabilitation and on employment of disabled persons does not constitute an obstacle for announcing full incapacity for work.
5. In the case of finding that the ability of the organism has been impaired to a degree which makes it necessary for the person concerned to be under permanent or long-term care and be assisted by another person during satisfying of basic living needs, inability to conduct independent existence is announced. The provisions of paragraphs 2 and 3 shall apply accordingly.
Article 14.1. Evaluation of incapacity for work, its degree and determination of: 1) date of occurrence of the incapacity for work, 2) permanency or anticipated period of the incapacity for work, 3) causality between incapacity for work or death and specific circumstances, 4) permanency or the anticipated period of inability to conduct independent existence, 5) purposefulness of vocational retraining is performed in the form of a certificate by the authorised physician of the Social Insurance Institution, hereinafter referred to as the “authorised physician”.
2. If there is no possibility of determining the date of occurrence of incapacity for work but the period during which the incapacity for work occurred has been determined, the ending date of that period is accepted as the date of occurrence of the incapacity for work. If there is no possibility of determining the date or the period of occurrence of the incapacity for work, the date of submission of the application for benefit is accepted as the date of occurrence of incapacity for work.
2a. The person concerned may appeal against the certificate of the authorised physician to the medical commission of the Institution, hereinafter referred to as the “medical commission”, within 14 days of submission of that certificate.
2b. The appeal is submitted through the organisational unit of the Institution competent for the place of residence of the person concerned.
2c. The medical commission shall not consider an appeal submitted after the specified deadline. In justified cases the Institution, upon the request of the person concerned, may reinstitute the deadline for submission of the appeal, including in particular the case of the rejection of the appeal against the certificate by court in the case specified in Article 4779 § 31 of the Act of 17 November 1964 – Civil Procedure Code.
2d. The President of the Institution, within 14 days of the issuance of the certificate by the authorised physician, may submit a plea of defectiveness of the certificate and submit the case for consideration to the medical commission. The organisational unit of the Social Insurance Institution immediately notifies the person concerned about the submission of the plea of defectiveness of the certificate.
2e. The medical commission considering the appeal or the plea of defectiveness performs the assessment of the incapacity for work and its degree, as well as determines the circumstances mentioned in paragraph 1.
2f. The medical commission resolves the case in the form of a decision.
3. The certificate issued by the authorised physician against which no appeal has been submitted or against which no plea of defectiveness has filed, or the decision of the medical commission, constitutes the basis for the body for old-age and disability pensions to issue a decision concerning benefits provided for in the Act, the entitlement to which depends on whether the incapacity for work and incapacity for independent existence have been found with regard to the person concerned.
4. The supervision over the execution of decisions concerning incapacity for work is exercised by the President of the Institution.
5. The supervision mentioned in paragraph 4 includes:
1) verification of correctness and uniformity of application of the principles of issuance of certificates on incapacity for work by authorised physicians;
2) providing authorised physicians with guidelines concerning the application of the principles of issuance of certificates on incapacity for work;
3) the right to submit the case for reconsideration by the authorised physician if, as a result of the check mentioned in subparagraph 1, the lack of compliance of the certificate issued by the authorised physician or the medical commission with the actual situation or principles of issuing certificates on incapacity for work is found.
6. The minister competent for social security shall specify, by regulation, taking into account the need to ensure correct and efficient issuance of certificates concerning incapacity for work:
1) detailed principles and procedure of issuing certificates of incapacity for work by authorised physicians and medical commissions;
2) detailed principles of organisation of the issuance of certificates of incapacity for work, including in particular:
a) the place of operation of authorised physicians, b) the method of establishment and liquidation of medical commissions, c) the method of determining the seat of the medical commission and territorial jurisdiction, d) composition of medical commissions,
3) special professional qualifications required from authorised physicians and doctors who are members of the medical commission;
4) detailed principles of supervision over the issuance of certificates of incapacity for work." Chapter 4 Old-age and disability pension assessment base
Article 15. 1. The basis for the assessment of old-age and disability pensions constitutes the average assessment base for old-age and disability pension insurance or social insurance, determined in the manner specified in paragraphs 4 and 5, pursuant to the provisions of the Polish law in the subsequent 10 calendar years selected by the person concerned from the last 20 calendar years directly preceding the year in which the application for old-age or disability pension was submitted, allowing for paragraph 6 and Article 176.
2. In the case where for the 20 years directly preceding the year in which the person concerned submitted the application for a pension that person collected an early retirement allowance for more than 10 years, the average base of the old-age and disability pension insurance contribution or social insurance contribution during the period of subsequent 10 calendar years directly preceding the year in which the person concerned acquired the entitlement to that allowance, determined in the manner specified in paragraphs 4 and 5.
3. To the old-age or disability pension assessment base mentioned in paragraphs 1 and 2 the following amounts are added: the amounts of remuneration to which the insured person is entitled in the particular calendar year for the period of incapacity for work and the amounts of allowances: sickness allowance, maternity allowance, child-minding allowance, rehabilitation benefit, compensation allowance, compensation benefit, or compensation supplement, as well as a cash compensation agreed in accordance with subparagraph 3 of the Annex to the Act of 6 March 1997 on Compensation of Periodic Lack of Raises in the Budgetary Sphere and Loss of Certain Increases or Supplements to Old-Age and Disability Pensions. Amounts of unemployment allowances, training allowances or grants paid out from the Labour Fund for the period of documented incapacity for work, subject to paragraph 3a, are also included in the assessment base.
3a. The amounts of remuneration for the period of incapacity for work, and amounts of allowances: sickness allowance, maternity allowance, child-minding allowance to which the insured person is entitled in the calendar year falling after 2004 are also taken into account for the purpose of determination of the old-age or disability pension assessment base, however the total amount of the old-age and disability pension insurance contribution assessment bases as well as remuneration and allowances may not exceed the maximum annual old-age and disability pension insurance contribution assessment base.
4. In order to determine the old-age or disability pension assessment base:
1) the total amount of contribution assessment bases and amounts mentioned in paragraph 3 is calculated, for the period of each calendar year from those selected by the person concerned;
2) the relation of each of those total amounts to the annual amount of the average wage announced for the particular calendar year, expressing it as percentage, rounded up or down to a hundredth of one percent;
3) the arithmetic mean of the percentages is calculated and, subject to paragraph 5, it constitutes the old-age or disability pension assessment base index, and
4) the base amount mentioned in Article 19 is multiplied by that index. 5. The assessment base index may not exceed 250%.
6. Upon the request of the insured person, the old-age or disability pension assessment base may be the average social insurance or old-age and disability pension insurance contribution assessment base determined on the basis of the method specified in paragraphs 4 and 5 for the period of 20 calendar years falling before the year of submission of the application, selected from the entire period during which the person concerned was subject to insurance.
7. The provisions of paragraphs 1-6 shall apply accordingly to the person who received a salary.
8. For the purpose of determination of the old-age or disability pension assessment base with regard to the pension entitlement of clergymen, the average contribution assessment base from full calendar years of insurance falling after 1 July 1989 until the year in which the application for the benefit was submitted, although the period shall not be longer than that specified in paragraph 1; upon the request of the insured person the assessment base is determined in accordance with paragraph 1.
Article 16. In the course of determination of the subsequent 10 calendar years mentioned in Article 15 paragraphs 1 and 2, the calendar years falling directly one after another are taken into account, even though the insured person was not insured during some of those years for a period of one year or for a period shorter than one year.
Article 17. 1. If it is not possible to determine the disability pension assessment base in accordance with Article 15 paragraph 1 for the insured person mentioned in Article 58 paragraph 1 subparagraphs 1-4, the contribution assessment base for the period of actual insurance coverage is accepted for the purpose of determination of the assessment base, allowing for paragraphs 2 and 3. The provision of Article 15 paragraph 3 shall apply accordingly.
2. The disability pension assessment base is not determined for the insured person mentioned in paragraph 1 if that person was not covered by insurance for at least 1 calendar year.
3. The provision of paragraph 1 shall apply accordingly if the disability pension assessment base may not be determined pursuant to Article 15 paragraph 1 for the insured person mentioned in Article 58 paragraph 1 subparagraph 5, due to the fact that this person was in substitute military service, active military service or on parental leave.
Article 18. 1. The old-age or disability pension assessment base for persons with periods of insurance abroad mentioned in Article 8 is determined on the basis of principles contained in Articles 15-17.
2. For the purpose of determination of the subsequent 10 calendar years mentioned in Article 15 paragraphs 1 and 2, the calendar years during which the insured person was insured abroad for the entire year are not taken into account.
3. If during the 20 years directly preceding the year in which the application for the old-age or disability pension was submitted the person concerned was not insured in Poland, the old- age or disability pension assessment base is the average social insurance or old-age and disability pension insurance contribution assessment base for the period of 10 subsequent calendar years directly preceding the year in which the person concerned acceded the foreign insurance system for the first time. Article 19. The base amount equals 100% of the average wage less social insurance contributions deducted from the insured persons, as specified in the provisions on Social Insurance System, in the preceding calendar year.
Article 19a. The base amount is determined each year on the basis of Article 19 and is binding from 1 March of each calendar year until the end of February of the next calendar year.
Article 20. The President of the Central Statistical Office announces, in the form of a communication, in the Official Journal of the Republic of Poland "Monitor Polski":
1) up to the 9th working day of February each year:
a) the amount of the average wage in the national economy in the previous calendar year,
b) the base amount mentioned in Article 19;
2) up to the 7th working day of the second month of each quarter – the amount of the average wage in the previous quarter.
Article 21. 1. The old-age pension assessment base for the person who has previously had his or her invalidity pension entitlement established is as follows:
1) the disability pension assessment base – in the amount allowing for the readjustment and all subsequent adjustments taking place in the period following the establishment of the disability pension entitlement, subject to Article 15 paragraph 5, or
2) assessment base determined anew pursuant to Article 15.
2. The provision of paragraph 1 subparagraph 1 shall apply for the determination of the assessment base:
1) of the old-age pension for a person who has previously had an established old-age pension entitlement on the basis of provisions mentioned in Article 195;
2) of the invalidity pension for a person who has previously had an established entitlement to that pension or to the old-age pension on the basis of provisions mentioned in Article 195.
3. The old-age pension assessment base for a person who has previously collected an early retirement benefit pursuant to the provisions on employment and prevention of unemployment is the old-age pension assessment base accepted for the determination of the early retirement benefit – in the amount allowing for all subsequent adjustments taking place in the period following the establishment of the early retirement benefit entitlement or the assessment base determined anew pursuant to Article 15.
Article 22. The Council of Ministers, by regulation, shall specify detailed principles of determining the assessment base for old-age and disability pensions, taking account in particular: 1) cases in which certain payments made to the worker are included in the old-age or disability pension assessment base if those payments during the period before the effective date of the Act were taken into account for the purpose of determination of the old-age or disability pension assessment base, despite having been excluded from the contribution assessment base;
2) cases in which the old-age or disability pension assessment base for workers employed abroad is determined on the basis of the remuneration to which workers employed during that period in Poland in the same or similar character in which the worker was employed before going abroad would be entitled, or on the basis of lump- sum amounts.
Article 23. 1. If the old-age or disability pension assessment base may not be determined in accordance with the principles specified in the act or in the Regulation mentioned in Article 22, the old-age or disability pension is determined in the amount of the lowest old-age or disability pension.
2. The provision of paragraph 1 shall not apply for the purpose of determination of the amounts of pensions of persons mentioned in Article 28.
Section II Pensions
Chapter 1 Pension for insured persons born after 31 December 1948
Article 24. 1. Insured persons born after 31 December 1948 are entitled to a pension after reaching the pensionable age amounting to at least 60 years for women and at least 65 years for men, subject to Articles 46-50 and 184.
2. For insured persons born after 31 December 1948, employed in special conditions or of a special character, with the exception of insured persons entitled to the old-age pension on terms specified in Articles 32-34, 39, 40, 46, 48-50, 184 and in Article 88 of the Act mentioned in Article 150, bridging pensions shall be established.
3. The principles, terms and procedure of establishment of pensions mentioned in paragraph 2 shall be specified in a separate Act.
Article 25. 1. The basis for calculation of pensions mentioned in Article 24 is the amount of old-age pension insurance contributions, allowing for the adjustment of contributions recorded in the insured person’s account until the end of the month preceding the month from which the old-age pension is paid, and adjusted initial capital specified in Article 173- 175, subject to Article 185.
2. The amount mentioned in paragraph 1 is not subject for inheritance.
3. The adjustment of contributions is conducted every year, from 1 June each year, starting from the adjustment for the year 2000, allowing for Article 25a. The account balance may not decrease as a result of the adjustment conducted. 4. The adjustment covers the amount of contributions recorded in the insured person’s account as of 31 January of the year for which the adjustment is conducted, increased by amounts resulting from adjustments conducted.
5. The adjustment of contributions consists in multiplying the contributions recorded in the insured person’s account by the adjustment index.
6. The contribution adjustment index is equal to the general Consumer Price Index for the calendar year preceding the date of adjustment in relation to the previous year, increased by the real growth of total old-age pension insurance contributions in the calendar year preceding the date of adjustment in relation to the previous year, subject to paragraph 9. The contribution adjustment index may not be lower than the general Consumer Price Index in the calendar year preceding the adjustment date in relation to the previous year.
7. The total old-age pension insurance contribution real growth index mentioned in paragraph 6 is calculated by dividing the total old-age pension insurance contribution nominal growth index in the calendar year preceding the adjustment date in relation to the previous year by the general Consumer Price Index determined for the corresponding period.
8. The old-age pension insurance contribution nominal growth index mentioned in paragraph 7 constitutes the quotient of the total old-age pension insurance contributions in the calendar year preceding the adjustment date and the total old-age pension insurance contributions in the previous year.
9. The contribution adjustment index for the year 2000 is equal to the average wage growth index for 2000 in relation to the average wage for 1999.
10. The contribution adjustment index is determined with an accuracy of one hundredth of one percent.
11. The President of the Central Statistical Office announces in the form of a communication in the Official Journal of the Republic of Poland "Monitor Polski", by the 20th day of the first month of each quarter, the general Consumer Price Index for the previous quarter.
12. The minister competent for social security announces in the Official Journal of the Republic of Poland "Monitor Polski", by 25th day of the month preceding the adjustment date, the contribution adjustment index for the previous year and quarter.
Article 25a. 1. In the determination of the amount of old-age pension, the amount of old-age pension insurance contributions recorded in the insured person’s account after 31 January of the year for which the last adjustment mentioned in Article 25 was conducted is adjusted quarterly.
2. In the case of determination of the amount of old-age pension:
1) in the first quarter of each year – the last quarterly adjustment of contributions is performed for the third quarter of the preceding year;
2) in the second quarter of each year - the last quarterly adjustment of contributions is performed for the fourth quarter of the preceding year;
3) in the third quarter of each year - the last quarterly adjustment of contributions is performed for the first quarter of the current year; 4) in the fourth quarter of each year - the last quarterly adjustment of contributions is performed for the second quarter of the current year.
3. The amount of contributions recorded as of the last day of the first month of the quarter for which the adjustment is conducted, increased by the amounts obtained after previous quarterly adjustments, is subject to a quarterly adjustment.
4. The quarterly adjustment of contributions consists in the multiplication of contributions recorded in the insured person’s account by the adjustment index determined in paragraph 5. The account balance may not decrease as a result of the adjustment conducted..
5. The contribution quarterly adjustment index is equal to the general Consumer Price Index in the quarter for which the adjustment is conducted in relation to the previous quarter, increased by the actual growth of the total old-age pension insurance contributions in the quarter for which the adjustment is conducted in relation to the previous quarter. The contribution adjustment index may not be lower than the general Consumer Price Index in the quarter for which the adjustment is conducted in relation to the previous quarter.
6. The total old-age pension insurance contribution real growth index mentioned in paragraph 5 is received by dividing the total old-age pension insurance contribution nominal growth index in the quarter for which the adjustment is conducted in relation to the previous quarter by the general Consumer Price Index determined for the corresponding period.
7. The total old-age pension insurance contribution nominal growth index mentioned in paragraph 6 constitutes the quotient of the total old-age pension insurance contributions in the quarter for which the adjustment is conducted and the total old-age pension insurance contributions in the previous quarter.
8. The contribution adjustment index is determined with an accuracy of one hundredth of one percent.
Article 26. 1. The pension constitutes the equivalent of the amount which is the result of the division of the calculation basis determined on the basis of the method specified in Article 25 by the remaining life expectancy for persons at the age equal to the retirement age of the particular insured person, allowing for paragraph 5 and Article 183.
2. The age of the insured person on the retirement date is expressed in complete years and months.
3. The remaining life expectancy is determined jointly for men and for women and is expressed in months.
4. The President of the Central Statistical Office announces in the form of a communication in the Official Journal of the Republic of Poland "Monitor Polski", every year by 31 March, the life expectancy tables, allowing for paragraph 3, for the age of insured persons specified in accordance with paragraph 2.
5. The tables mentioned in paragraph 4 are the basis for awarding pensions upon applications submitted from 1 April to 31 March of the following calendar year. Chapter 2 Pension for insured persons born before 1 January 1949
Article 27. Insured persons born before 1 January 1949 are entitled to a pension, if they have fulfilled the following conditions:
1) they have reached the pensionable age of at least 60 years for women and at least 65 years for men;
2) they have contributory periods and non-contributory periods amounting to at least 20 years for women and 25 years for men.
Article 28. Insured persons born before 1 January 1949 who have not reached the contributory and non-contributory periods mentioned in Article 27 subparagraph 2 are entitled to a pension if they have fulfilled jointly the following conditions:
1) they have reached the pensionable age of at least 60 years for women and at least 65 years for men;
2) they have contributory periods and non-contributory periods amounting to at least 15 years for women and at least 20 years for men.
Article 29. 1. Insured persons born before 1 January 1949 who have not reached the pensionable age mentioned in Article 27 subparagraph 1 may retire:
1) woman - after reaching the age of 55, if she has at least 30 years of contributory and non-contributory periods, or if she has at least 20 years of contributory and non- contributory periods and has been considered to be totally incapable of work,
2) man - after reaching the age of 60, if he has at least 25 years of contributory and non-contributory periods and has been considered to be total incapable of work.
2. The entitlement to the pension mentioned in paragraph 1 may be vested in insured persons who:
1) have recently been workers, prior to the submission of the application for pension, and
2) during the period of the last 24 months of being subject to social insurance or old- age and disability pension insurance remained in the employment relationship for at least 6 months, unless they are entitled to the invalidity pension on the date of submission of the application for pension.
3. The meeting of conditions mentioned in paragraph 2 is not required from insured persons who for the entire required period mentioned in paragraph 1 subparagraphs 1 and 2 were subject to social insurance or old-age and disability pension insurance due to remaining in an employment relationship.
Article 30. Separate provisions determine the principles of early retirement for persons specified in Article 27 who are:
1) war invalids, as well as soldiers and veterans; 2) state administration officials;
3) local government employees;
4) soldiers of the substitute military service forced to work in coal mines, quarries and uranium ore mining plants;
5) university lecturers.
Article 31. Persons born before 1 January 1949, who are entitled to an invalidity pension due to an employment injury, accident suffered during the performance of economic activity outside agriculture, creative or artistic work, agency contract or contract of mandate, or performance of pastoral or monastic functions by members of clergy and members of religious orders, accident suffered en route to or from work, taking place before 31 December 2002, or due to an occupational disease, may retire:
1) woman - after reaching the age of 55, if she has at least 20 years of contributory and non-contributory periods;
2) man - after reaching the age of 60, if he has at least 25 years of contributory and non-contributory periods.
Article 32. 1. Insured persons born before 1 January 1949, who are workers mentioned in paragraphs 2-3, employed in special conditions or in special character, are entitled to a pension at an age lower than that specified in Article 27 subparagraph 1.
1a. In the determination of the period of employment in special conditions or in special character the following periods are not taken into account:
1) periods of non-performance of work for which worker received remuneration or social insurance benefits in the case of sickness and maternity after 14 November 1991,
2) periods during which, pursuant to special provisions, the worker was released from the performance of work, with the exception of a period of holiday leave.
2. For the purpose of determination of entitlements mentioned in paragraph 1, workers employed in special conditions are considered to be workers employed to perform work with considerable degree of harmfulness for health and considerable degree of arduousness or requiring high psychophysical abilities due to the worker’s own safety and the safety of the surrounding environment in entities in which lists of posts determined on the basis of existing regulations are in force.
3. For the purpose of determination of entitlements mentioned in paragraph 1, workers in employment of a special character are considered to be:
1) employees of state control bodies;
2) employees of customs administration bodies;
3) employees performing creative or artistic work; 4) journalists employed in editorial offices of daily newspapers, magazines, radio, television and in press, information, publication or photography offices covered by the collective labour agreement of journalists;
5) teachers, class tutors or other pedagogical employees working as teachers, as mentioned in Article 1 of the Act of 26 January 1982 – Teachers’ Charter (Journal of Laws of 2003 No. 118, item 1112, No. 137, item 1304, No. 203, item 1966 and No. 213, item 2081);
6) professional soldiers, functionaries of the Police, Office of State Protection, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, Customs Services, Prison Guards, and State Fire Protection Services;
7) employees of fire protection units mentioned in Article 15 subparagraphs 1a-5 and 8 of the Act of 24 August 1991 on Fire Protection (Journal of Laws of 2002 No. 147, item 1229, and of 2003 No. 52, item 452).
4. The pensionable age mentioned in paragraph 1, types of work or posts, and conditions on the basis of which persons mentioned in paragraphs 2 and 3 are entitled to an old-age pension are determined on the basis of the existing regulations, allowing for paragraph 4a.
4a. ( become invalid )
5. Separate provisions specify the rules of retirement of teachers born before 1 January 1949, regardless of their age.
Article 33. Persons born before 1 January 1949, who are insured with regard to the creative or artistic work performed, are entitled to an old-age pension on terms specified for workers performing creative or artistic work.
Article 34. 1. A worker born before 1 January 1949, who meets jointly the following conditions, is entitled to a miner’s old-age pension:
1) is 55 or over;
2) has a period of mining work amounting to at least 20 years for women and 25 years for men, together with the periods of equivalent work and periods included in mining work, including at least 5 years of mining work specified in Article 36 paragraph 1.
2. The pensionable age required for workers: for women with at least 20 years and men with at least 25 years of mining work, equivalent work and periods included in mining work, including at least 15 years of mining work mentioned in Article 36 paragraph 1, is 50 years of age.
Article 35. For the determination of the entitlement to a miner’s old-age pension periods of mining work and work equivalent to mining work, and periods included in mining work, which are contributory or non-contributory periods within the meaning of the Act, are taken into account, however, the periods of mining work and work equivalent to mining work are taken into account if that work was performed for at least half of the working time.
Article 36. 1. The following employment is considered to be mining work: 1) underground, in coal, ore, gold, copper, silver, fireproof materials, high-quality clays, kaolins, magnesites, gypsum, anhydrite, rock-salt and potassium salt, phosphorites and barite mines;
2) underground and in shaft sinking in enterprises building mines specified in subparagraph 1, and underground in enterprises and other entities performing mining work and shaft building work for those mines;
3) underground in assembly enterprises, mining machinery enterprises, repair stations and other entities performing underground building and assembly work, machinery repair and implementation of new equipment for mines specified in subparagraph 1; for workers employed in those enterprises, stations and other entities those months of employment during which at least half of the working days were worked underground are considered to be mining work;
4) in sulphur and lignite strip mines, performing manual and machine mining, loading and transporting overlay and deposit, conducting measurements with regard to mine surveying and performing the current maintenance of mining units and equipment, as well as in sulphur borehole mines and in enterprises and other entities performing mining work for sulphur and lignite mines, in positions specified in the form of a regulation by the minister competent for social security, in coordination with the minister competent for economy and minister competent for the State Treasury;
5) underground in positions of traffic supervision and management in mines, enterprises and other entities specified in subparagraphs 1-3, as well as in the sulphur and lignite mines, and in enterprises and other entities mentioned in subparagraph 4, in positions specified in the form of a regulation by the minister competent for the economy, in coordination with the minister competent for the State Treasury and minister competent for social security;
6) as members of rescue teams in mines specified in subparagraphs 1 and 4, rescue equipment mechanics from those teams, and as professional rescuers in mountain rescue stations;
7) in positions of mine hoist operators in mining shafts and in positions of cagers on shaft tops in mines, enterprises and other entities specified in subparagraphs 1 and 2;
8) in underground positions in dormant mines mentioned in subparagraph 1;
9) in positions of vocational teachers (instructors) in mining training fields underground, as well as in sulphur and lignite mines;
10) in mining offices, if the employment involves the performance of inspections and technical operations in mines, enterprises and other entities specified in subparagraphs 1-4;
11) in enterprises and other mine surveying or geological entities, if the employment involves directly the performance of mining surveys, as well as geological and hydrological measurements; those months of employment is considered to be mining work for workers employed in those enterprises and entities during which they worked underground for at least half of their working days;
12) as doctors and paramedics in miners’ health care centres, in miners’ health care units in coal-mines and ore mines, and in health care centres of sulphur and lignite mines, if they are employed in those centres for up to at least 30 hours a week and they perform systematic sanitary and health inspections of underground workplaces, in sulphur or lignite mines – for at least 20 hours a month, and the period of 20 hours of sanitary and health inspections of underground workplaces includes also the time used to descend to and ascend from the underground workplaces.
2. A period of mining leave of up to 5 years and a period of mining benefit of up to 3 years, provided for in separate provisions, are treated as equivalent to the periods of mining work specified in paragraph 1.
3. The following work is considered to be equivalent to mining work:
1) performance of elective functions by workers in governing bodies of trade unions associating workers of mines, enterprises and other entities specified in paragraph 1 subparagraphs 1-4, if those workers, directly before accepting those functions, performed mining work mentioned in paragraph 1;
2) employment in positions requiring qualifications of an engineer or technician in the field of mining:
a) in the administration of mines, enterprises and other entities specified in paragraph 1 subparagraphs 1-4 and in management boards of coal companies, former mining companies, unions and federations of those mines and enterprises,
b) in mining offices,
c) in the positions of teachers in mining basic vocational schools and technical colleges,
d) in central state administration bodies and in territorial administration bodies which are founding bodies of mines and enterprises specified in paragraph 1 subparagraphs 1-4, and in units subordinated to those bodies if those units operate within industries specified in paragraph 1 subparagraphs 1-4,
provided that the person concerned has previously worked in mines, enterprises and other entities specified in paragraph 1, subparagraphs 1-4 at least 5 years underground, in sulphur or lignite strip mines, and in sulphur borehole mines, or in traffic supervision or management positions;
3) the employment in positions requiring the qualifications of a mining engineer or technician of persons performing work mentioned in paragraph 1 and in subparagraphs 1, 2 and 4 and transferred to central state administration bodies not mentioned in subparagraph 2 letter d, to institutes subordinated to those bodies, to work in mining higher schools and in mining and metalworking publishing houses, if those workers have previously worked in mines, enterprises or other entities specified in paragraph 1 subparagraphs 1-4 at least 5 years underground, in sulphur or lignite strip mines, as well as in sulphur borehole mines or in traffic supervision or management positions;
4) the employment for performance of other work not exceeding 5 years to which workers performing certain work specified in paragraph 1 and in this paragraph moved by choice or by order of the supervisory unit, or as a result of the liquidation of the mine, a mining plant, an enterprise or another entity mentioned in paragraph 1 subparagraphs 1-4.
4. Persons who:
1) have the title of an engineer or technician and are employed in accordance with their mining qualifications, or
2) do not have the title of an engineer or technician but have practical experience gained during the work performed previously for at least 5 years in traffic supervision or in other work underground or in sulphur or lignite mines, and who perform operations requiring the qualifications of an engineer or technician and are entrusted to engineers or technicians are considered to be workers employed in positions requiring the qualifications of a mining engineer or technician in organisational units specified in paragraph 3 subparagraphs 2 and 3.
5. The periods of mining work mentioned in paragraph 1 subparagraphs 1-4 performed abroad are treated as equal to the periods of such work performed in Poland, if the conditions specified in the Act, required for the inclusion of those periods for the purpose of determination of the entitlement to those benefits, have been met.
Article 37. 1. For the purpose of determination of the entitlement to a miner’s old-age pension for workers employed underground and in sulphur or lignite mines, the following periods of work within the territory of Poland are taken into account at one and a half times their duration:
1) at mine faces, directly mining and loading the excavated material, and other work performed at faces, performing assembly, liquidation and transportation of lining, operating mining, loading and transporting machinery at mine faces and in shaft sinking and shaft work;
2) in rescue teams; 3) as rescue equipment mechanics in rescue teams.
2. The periods of work mentioned in paragraph 1, subparagraphs 2 and 3 are included at one and a half times their duration also for those workers employed in mine traffic supervision and management who have been working underground, in sulphur mines or lignite mines for at least half of their working days in a month.
3. The minister competent for social security, in coordination with the minister competent for the economy and the minister competent for the State Treasury, by regulation, shall specify in detail those work posts the employment in which is taken into account at one and a half of work duration, pursuant to paragraphs 1 and 2.
4. The minister competent for the economy, in coordination with the minister competent for the State Treasury and the minister competent for social security shall specify, by regulation, the principles of employers recording periods of employment in work posts in which the mining work periods are taken into account at one and a half of their duration for the determination of the entitlement to the miner’s old-age pension, and in certain other mining work posts. 5. The provision of paragraph 1 shall apply accordingly to the mining work periods performed during military service conducted before 1 January 1960.
Article 38. The periods mentioned in Article 6 paragraph 1 subparagraphs 4-8, paragraph 2 subparagraphs 2, 3, 5-8, and in Article 7 subparagraphs 1-7, 9 and 12 are considered to be periods included in mining work, however, the employment mentioned in those regulations shall mean mining work and work equivalent to mining work, specified in Article 36 paragraph 1 or paragraph 3, performed for at least half of the working time.
Article 39. For the insured person born before 1 January 1949, meeting the condition specified in Article 27 subparagraph 2 and not meeting the conditions necessary for receiving a miner’s old-age pension pursuant to Article 34, who has at least 5 years of:
1) mining work mentioned in Article 36 paragraph 1, performed underground permanently and on a full-time basis, or
2) mining work mentioned in Article 36 paragraph 1 subparagraphs 4 and 5, performed permanently and on a full-time basis in sulphur and lignite strip mines and in sulphur borehole mines, pensionable age mentioned in Article 27 subparagraph 1 is reduced by 6 months for each year of such work, no more, however, than by 15 years.
Article 40. A railway worker born before 1 January 1949 who meets jointly the following conditions:
1) reached the pensionable age of 55 years for women and 60 years for men;
2) has contributory and non-contributory periods amounting to at least 20 years for women and 25 years for men, including at least 15 years of railway employment, together with equivalent periods or included in the periods of railway employment mentioned in Articles 44-45 is entitled to a railway pension.
Article 41. Periods of railway employment and work equivalent to railway employment, as well as periods included in railway employment, which are contributory or non-contributory periods within the meaning of the Act are taken into account for the purpose of determination of the entitlement to a railway pension.
Article 42. 1. Railway workers within the meaning of the Act are persons employed on the basis of a contract of employment in:
1) organisational units of the "Polskie Koleje Państwowe" (Polish State Railways) enterprise, with the exclusion of railway design offices;
2) other organisational units (entities) whose employees have been covered by existing provisions on pension entitlement of railway workers and their families;
3) entities separated from the "Polskie Koleje Państwowe" state enterprise during the period from 1 September 1999 until the entry of the "Polskie Koleje Państwowe Spółka Akcyjna" joint-stock company into the commercial register. 2. The employment of railway workers in organisational units (entitles) specified in paragraph 1, hereinafter referred to as "railway organisational units", is considered to be railway employment within the meaning of the Act.
3. From the moment of entry of the "Polskie Koleje Państwowe Spółka Akcyjna" joint-stock company in the commercial register, railway workers, within the meaning of the Act, are also persons employed in that company and in other entitles separated from that company pursuant to the Act of 8 September 2000 on Commercialisation, Restructuring and Privatisation of the "Polskie Koleje Państwowe" State Enterprise (Journal of Laws No. 84, item 948, of 2001 No. 100, item 1086 and No. 154, item 1802, of 2002 No. 205, item 1730 and No. 240, item 2055, and of 2003 No. 6, item 63, No. 80, item 720 and No. 203, item 1966).
Article 43. 1. The periods of remaining in an employment relationship in railway organisational units, during which the employee collected remuneration or social insurance allowances: sickness allowance, maternity allowance or child-minding allowance, are considered to be railway employment periods.
2. Each full year of railway employment on a steam, Diesel or electric engine, in conductor teams and in manoeuvring positions or posts of shunters is counted as 14 months of railway employment.
Article 44. The following periods are considered to be periods equivalent to periods of railway employment:
1) periods of collection – after the end of railway employment performed to the extent no lower than half of the time in the profession – of sickness allowance, maternity allowance or child-minding allowance as a result of such employment;
2) periods of collection of sickness pension awarded by the competent railway organisational unit;
3) periods of performance of work in a railway organisational unit on the basis of a vocational training agreement, apprenticeship agreement or preliminary on-the-job training before 1 January 1975;
4) periods of employment or performance of elective functions in trade unions during the unpaid leave granted to the employee for that purpose;
5) employment, no longer however than 5 years counting from the date of termination of railway employment, if the employment was terminated due to:
a) transfer, with the consent of the railway organisational unit, to employment in the transport industry which is not railway employment,
b) transfer from the railway employment to employment in central state administration bodies,
c) initiating employment relationship on the basis of election,
d) transfer, with the consent of the railway organisational unit, to employment in the non-public utility railways, e) transfer, with the consent of the railway organisational unit, to employment in other industries in order to organise or build railway transport;
6) periods of employment, no longer however than 5 years, in organisational units (entities) of the transport industry which are not railway organisational units if the change of that employment to railway employment has taken place and if the 5-year period of employment in those units is not included on the basis of subparagraph 5, letter a;
7) periods of employment in international railway organisations and in foreign railway branches after delegation to that employment from the railway employment;
8) periods of employment performed abroad by specialists during the employment relationship with a railway organisational unit;
9) periods of non-performance of railway if for those periods the person concerned is entitled to remuneration as a result of reinstitution in employment, or compensation;
10) periods of employment in railways in other countries provided that the worker was employed in Polish railways after those periods.
Article 45. 1. The following periods are considered as periods included among railway employment periods:
1) breaks in railway work covering periods mentioned in Article 44 subparagraphs 6 and 7;
2) periods of employment outside the railways during the period after 31 August 1939 until 9 May 1945 for employees who were employed in the railways on 31 August 1939 and after 9 May 1945 returned to employment in Polish railways;
3) periods of collecting sports grants for taking part in competitive sports, paid out by the railway sports club, if the person collecting the grant was employed in the railways during the period of collecting that grant.
2. Periods of veteran activities, military service and service in:
1) the Police (Citizen’s Militia),
2) Office of State Protection, Internal Security Agency and Intelligence Agency (in public security bodies),
3) Border Guards, 4) Prison Guards, 5) State Fire Protection Services, 6) Government Security Bureau are treated as equal to periods included in the periods of railway employment.
Chapter 3
Special provisions concerning pensions for certain insured persons born after 31 December 1948 and before 1 January 1969
Article 46. 1. The entitlement to old-age pension on terms specified in Articles 29, 32, 33 and 39 is also vested in insured persons born after 31 December 1948 and before 1 January 1969 if they meet the following conditions jointly:
1) have not acceded to an open-end pension fund; 2) the conditions for acquiring the old-age pension specified in those provisions will be met by them by 31 December 2006; 3) the employment relationship was terminated – in the case of an insured person who is a wage-earner.
2. If the person mentioned in paragraph 1 fails to enter into an agreement on accession to an open-end pension fund by 31 December 1999, it is deemed that the insured person has not acceded to an open-end pension fund.
Article 47. Separate provisions define the principles of retirement of teachers born after 31 December 1948 and before 1 January 1969, regardless of their age.
Article 48. 1. The entitlement to a miner’s pension, regardless of the age and position held, is vested in workers born after 31 December 1948 and before 1 January 1969 who performed their mining underground work permanently and on a full-time basis for a period amounting to at least 25 years, allowing for paragraphs 2 and 3 and subject to Article 49.
2. The periods of mining work mentioned in paragraph 1 also include:
1) periods of incapacity for work resulting from employment injury, accident en route to or from work, or resulting from an occupational disease, for which remuneration, or sickness allowance, or rehabilitation benefit was paid,
2) periods of incapacity for work other than those mentioned in subparagraph 1, resulting from a disease or isolation as a result of a contagious disease, for which remuneration or sickness allowance for up to 35 days in a calendar year was paid, directly preceded by mining underground work performed permanently and on a full-time basis, taking place during the employment relationship.
3. For the purpose of determination of the entitlement to a miner’s old-age pension pursuant to 1 also the period of a miner’s leave for up to 5 years and period of mining benefit for up to 3 years, as mentioned in Article 36 paragraph 2, are taken into account.
Article 49. 1. The entitlement to a miner’s old-age pension mentioned in Article 34 or 48, is vested in workers born after 31 December 1948 and before 1 January 1969 if they meet all of the following conditions:
1) have not acceded to an open-end pension fund; 2) the conditions for acquiring the old-age pension specified in those provisions will be met by them by 31 December 2006; 3) the employment relationship was terminated.
2. The provision of Article 46 paragraph 2 shall apply accordingly.
Article 50. 1. The entitlement to a railway old-age pension mentioned in Article 40 is vested in railway workers born after 31 December 1948 and before 1 January 1969 if they meet all of the following conditions:
1) have not acceded to an open-end pension fund; 2) the conditions for acquiring the old-age pension specified in those provisions will be met by them by 31 December 2006; 3) the employment relationship was terminated.
2. The provision of Article 46 paragraph 2 shall apply accordingly.
Chapter 4 Determination of the amount of old-age pensions mentioned in Articles 27-50
Article 51. 1. For the purpose of determination of the amount of miners’ old-age pensions mentioned in Article 34 or 48, the following multipliers shall apply, subject to paragraph 2:
1) 1.5 for each year of mining underground work performed permanently and on a full-time basis;
2) 1.8 for each year of work mentioned in Article 37;
3) 1.4 for each year of work mentioned in Article 36 paragraph 1 subparagraphs 1-3 and 5-11, performed on a full-time basis, partly on the surface and partly underground;
4) 1.2 for each year of work mentioned in Article 36, paragraph, 1 subparagraphs 4 and 5, performed permanently and on a full-time basis in sulphur and lignite strip mines, in sulphur borehole mines, and in enterprises and other entities performing mining work for sulphur and lignite mines.
2. For the purpose of determination of miners’ old-age pensions, the total joint period of work calculated using the multiplies mentioned in paragraph 1 is taken into account to the extent not exceeding 45 years.
Article 52. 1. For the purpose of determination of the amount of pensions other than those specified in Article 51, the following multipliers shall apply:
1) 1.5 for each year of mining underground work performed permanently and on a full-time basis, 2) 1.8 for each year of mining work performed underground, mentioned in Article 37 paragraph 1, provided that such work has been performed for at least 5 years, subject to paragraph 2.
2. For the purpose of determination of the amount of pensions, the total joint period of work calculated using the multipliers mentioned in paragraph 1 is taken into account to the extent not exceeding 40 years.
Article 53. 1. The pension amounts to
1) 24% of the base amount mentioned in Article 19, subject to paragraphs 3 and 4, and
2) 1.3% of its assessment base for each year of contributory periods,
3) 0.7% of its assessment base for each year of non-contributory periods
- allowing for Article 55.
2. For the purpose of calculation of the pension, periods mentioned in paragraph 1, subparagraphs 2 and 3 are determined in full months.
3. The old-age pension in the case of which the assessment base is the benefit assessment base mentioned in Article 21 paragraph 1 subparagraph 1 and paragraph 2, is calculated on the same base amount which was adopted recently for the determination of the assessment base, and then the pension is increased under adjustments taking place until the acquisition of old-age pension entitlements.
4. The provision of paragraph 3 shall not apply if the person concerned, after acquiring the entitlement to the benefit which assessment base was indicated as the old-age pension assessment base, was subject to at least 30 months of social insurance or old-age and disability pension insurance.
5. The provisions of paragraphs 3 and 4 shall apply accordingly if the assessment base of the old-age pension adopted for the calculation of the early retirement benefit constitutes the old-age pension assessment base.
Article 54. Pensions mentioned in Article 28 are not increased to the amount of the lowest pension.
Article 55. The insured person meeting the conditions for acquiring an old-age pension pursuant to Article 27, who continued the old-age and disability pension insurance after reaching the pensionable age provided for in his provision and applied for awarding old-age pension after 31 December 2008, may have his or her pension calculated on the basis of Article 26 if it is higher than that calculated in accordance with Article 53.
Article 56. 1. For the person for whom periods of work on a farm specified in Article 10 have been taken into account for the purpose of determination of the old-age pension entitlement, the amount of the benefit to which he or she is entitled is calculated as part of the benefit calculated pursuant to Article 53, allowing for periods of work on a farm, proportionally to the share of contributory periods and non-contributory periods in the period constituting the total of contributory periods, non-contributory periods and periods of work on a farm taken into account.
2. The provision of paragraph 1 shall not apply to a person who has proven at least: 20 years – in the case of a woman or 25 years – in the case of a man – of contributory periods or contributory periods supplemented with non-contributory periods to the extent not exceeding that specified in Article 5 paragraph 2, but the amount of the pension to which such person is entitled is calculated pursuant to Article 53, allowing for contributory periods and non- contributory periods, without taking into account the periods of work on a farm.
3. The benefit with the amount determined pursuant to paragraphs 1 or 2 is increased by the amount corresponding to the contributory part of pension determined on the basis of assessment principles specified in provisions of social insurance of farmers, allowing for the entire proven period of work on a farm, however, the periods of running a farm or working on a farm – without being subject to other social insurance – after turning 16, falling before 1 July 1977, are taken into account if they took place no earlier than 25 years before the determination of the pension entitlement.
4. If contributory and non-contributory periods have not been supplemented with periods mentioned in Article 10, the old-age pension is increased for the period of payment of contributions to the Farmers’ Pension Fund, Farmers’ Social Insurance Fund and farmers’ old-age and disability pension insurance. The increase is determined on the basis of assessment principles provided for the contributory part in provisions mentioned in paragraph 3.
5. A person with an established entitlement to an old-age or disability pension on the basis of provisions on farmers’ social insurance is not entitled to the increase.
6. The increase mentioned in paragraph 4 is awarded at the request of the person concerned.
7. Pensions mentioned in paragraphs 1-4 are paid out from the Fund, however the costs of those pensions are subject to an appropriate refund:
1) in the part corresponding to an increase by the contributory part to the amount calculated in accordance with paragraphs 3 and 4 – from the old-age and disability pension fund specified in the provisions on farmers’ social insurance;
2) in the part corresponding to the increase to the amount of the lowest pension - from the State budget.
Section III Invalidity pension and survivors’ pension
Chapter 1 Invalidity pension
Article 57. 1. An insured person is entitled to an invalidity pension if he or she has met the following conditions: 1) is incapable of work;
2) has the required contributory period and non-contributory period;
3) incapacity for work occurred during periods mentioned in Article 6 paragraph 1 subparagraphs 1 and 2, subparagraph 3, letter b, subparagraphs 4, 6, 7 and 9, paragraph 2, subparagraphs 1, 3-8 and 9 letter a, subparagraph 10 letter a, subparagraphs, 11-12, 13 letter a, subparagraph 14 letter a and subparagraphs 15- 17, and Article 7, subparagraphs 1-4, 5 letter a, subparagraphs 6 and 12, or no later than within 18 months after the end of those periods.
2. The provision of paragraph 1 subparagraph 3 shall not apply to an insured person who has proved the contributory period and the non-contributory period amounting to at least 20 years for a woman or 25 years for a man and is totally incapable of work.
Article 57a. The condition specified in Article 57 paragraph 1 subparagraph 2 is not required from the insured person whose incapacity for work has been caused by an accident en route to or from work.
Article 57b. 1. An accident en route to or from work is considered to be a sudden event caused by an external factor which took place en route to or from the place of employment or another activity constituting the title of disability pension insurance, if that road was the shortest one and was not interrupted. However, it is deemed that an accident took place en route to or from work despite the interruption of the journey if that interruption was a justified one and its duration did not exceed the required time, also in a situation where the route, which was not the shortest, was the most convenient for the insured person due to transport arrangements.
2. The route to or from work, besides the route from home to work and from work back home, is also considered to be the route to or from the place of:
1) other employment or other activity constituting the title of disability pension insurance; 2) ordinary performance of professional or social functions or tasks; 3) ordinary consumption of meals; 4) school or university education.
3. The determination of the circumstances and reasons for the accident en route to or from work is performed by employers in the card of an accident en route to or from work with regard to insured persons who are their employees, and with regard to other insured persons - by entities specified in Article 5 paragraph 1 of the Act of 30 October 2002 on Social Insurance in the Case of Employment Accidents and Occupational Diseases (Journal of Laws No. 199, item 1673 and No. 241, item 2074, and of 2003 No. 83, item 760, and No. 223, item 2217).
4. The minister competent for social security shall specify by regulation the detailed principles, procedure of determining whether the event is an accident en route to or from work, method of its documentation, specimen of the card of an accident en route to or from work, and the date of drawing up the card, considering the need to ensure the uniformity of the method of notification of the occurrence of the accident. Article 58. 1. The condition of having the required contributory periods and non-contributory periods pursuant to Article 57 paragraph 1 subparagraph 2 is deemed to have been satisfied where the insured person has achieved the contributory and non-contributory periods amounting jointly to at least:
1) 1 year - if incapacity for work occurred before the age of 20; 2) 2 years - if incapacity for work occurred at the age above 20 up to 22; 3) 3 years - if incapacity for work occurred at the age above 22 up to 25; 4) 4 years - if incapacity for work occurred at the age above 25 up to 30; 5) 5 years - if incapacity for work occurred at the age above 30.
2. The period mentioned in paragraph 1 subparagraph 5 should take place during the last ten eyars before the submission of the application for disability pension or before the date of occurrence of the incapacity for work; the periods of collection of invalidity pension, training pension or survivors’ pension are not included in that ten-year period.
3. If the insured person has not achieved the contributory and non-contributory periods mentioned in paragraph 1, the condition for having the required period is deemed to have been satisfied where the insured person has been notified for insurance before turning 18 or within 6 months of completing education in post-primary school, upper secondary school or school of higher education and until the occurrence of incapacity for work had uninterrupted or with intervals not exceeding 6 months contributory and non-contributory periods.
Article 59. 1. A person who has satisfied the conditions specified in Article 57 is entitled to:
1) permanent disability pension - if incapacity for work is permanent; 2) periodic disability pension - if incapacity for work is periodic.
2. A person is entitled to the periodic disability pension for a period indicated in the decision of the body for old-age and disability pensions.
Article 60. 1. The person meeting the conditions specified in Article 57, with regard to whom the professional retraining was deemed justified due to the incapacity for work in the previous profession, is entitled to a training pension for the period of 6 months, subject to paragraphs 2 and 4.
2. The period of 6 months mentioned in paragraph 1 shall be extended for the period necessary to conduct professional retraining, no longer, however, than by 30 months.
3. The extension of the disability pension entitlement mentioned in paragraph 2 takes place on the basis of an application submitted by starosta (a district administration head).
4. The period of 6 months mentioned in paragraph 1 may be shortened if before the end of that period starosta notifies the body for old-age and disability pensions:
1) of the lack of possibility of retraining to another profession; 2) of the fact that the person insured is not taking part in the professional retraining. Article 61. The entitlement to the disability pension which ceased to exist due to the fact that the incapacity for work subsided shall be reinstated if within 18 months of the cessation of the entitlement of the insured person to a disability pension that person becomes incapable of work again.
Article 62. 1. The disability pension for a person totally incapable of work amounts to
1) 24% of the base amount mentioned in Article 19, and
2) 1.3% of its assessment base for each year of contributory periods;
3) 0.7% of its assessment base for each year of non-contributory periods;
4) 0.7% of its assessment base for each year of the period up to 25 years of contributory and non-contributory periods, taking place after the submission of the disability pension application until the moment of the pensioner turning 60.
1a. For the purpose of calculation of the amount of disability pension the provisions of Article 53 paragraphs 3-5 shall apply accordingly. 2. The disability pension for a person partially incapable of work amounts to 75% of the disability pension for a person totally incapable of work. 3. For the purpose of disability pension, periods mentioned in paragraph 1 subparagraphs 2- 4 shall be determined taking into account full months.
Article 63. 1. In the case of a person for whom during the determination of the entitlement to invalidity pension periods of work on a farm mentioned in Article 10 paragraph 1 subparagraph 1 have been taken into account, the amount of that pension is calculated allowing for the number of years and months of those periods, to the extent accepted for the determination of the invalidity pension entitlement.
2. Pensions mentioned in paragraph 1 are paid from the Fund, however the costs of those pensions are subject to the appropriate reimbursement:
1) in the part corresponding to the included periods of work on a farm – from the old- age and disability pension fund specified in the provisions on farmer’s social insurance;
2) in the part corresponding to the increase up to the amount of the lowest benefit – from the State budget.
Article 64. 1. The training pension amounts to 75% of the pension assessment base.
2. The training pension may not be lower than the lowest partial invalidity pension.
3. A person is not entitled to the training pension if he or she generates income from the activities mentioned in Article 104 paragraphs 1-4, regardless of the amount of that income. Chapter 2 Survivors’ pension
Article 65. 1. The entitled members of the family of the person who, at the moment of his or her death, had an established entitlement to an old-age pension or invalidity pension, or met the conditions required to obtain one of those benefits are entitled to a survivors’ pension.
2. For the purpose of assessment of the entitlement to the survivors’ pension it is assumed that the deceased person was totally incapable of work.
3. (repealed)
Article 66. The eligible family members of the person who collected an early retirement allowance or early retirement benefit at the moment of death are also entitled to the survivors’ pension. In such a case it is assumed that the deceased person met the conditions for obtaining the full invalidity pension.
Article 67. 1. The following family members, meeting the conditions mentioned in Articles 68-71, are entitled to the survivors’ pension:
1) own children, stepchildren and adopted children;
2) grandchildren, siblings and other children, including foster children, accepted for upbringing and support before they come of age;
3) spouse (widow or widower); 4) parents.
2. Within the meaning of the Act, the stepfather and stepmother, as well as adoptive parents are also considered to be parents.
Article 68. 1. Own children, stepchildren and adopted children are entitled to the survivors’ pension:
1) until they are 16;
2) until the completion of school education if they are over 16, no longer, however, than until they are 25, or
3) regardless of age if they have become totally incapable of work and independent existence, or totally incapable of work during the period mentioned in subparagraphs 1 or 2.
2. If a child has turned 25 during the last year of university studies, the entitlement to the survivors’ pension is extended until the end of that year of studies.
Article 69. Grandchildren, siblings and other children, including foster children, mentioned in Article 67 paragraph 1 subparagraph 2, are entitled to the survivors’ pension if they meet the conditions specified in Article 68, and moreover: 1) have been accepted for upbringing and support at least one year before the insured person’s (old-age or disability pensioner’s) death, unless the death was the consequence of an accident, and
2) are not entitled to a pension after their deceased parents, and if their parents are alive, if: a) they cannot support them or b) the insured person (old-age or disability pensioner) or his/her spouse was their guardian established by the court.
Article 70. 1. A widow is entitled to a survivors’ pension if:
1) at the moment of her husband’s death was 50 or was incapable of work, or
2) is bringing up at least one of the children, grandchildren or siblings entitled to the survivors’ pension after the deceased husband, who is under 16, and if it is continuing school education – under 18, or if she takes care of a child totally incapable of work and independent existence, or totally incapable of work, entitled to the survivors’ pension.
2. The entitlement to the survivors’ pension is also acquired by a widow who is 50 years old or over or has become incapable of work after her husband’s death, no later however than within 5 years of his death or of ceasing to bring up persons mentioned in paragraph 1 subparagraph 2.
3. A divorced spouse or a widow who, until her husband’s death, did not have joint property with him, is entitled to the survivors’ pension if, besides meeting the conditions specified in paragraphs 1 or 2, was entitled to alimony from the husband, established by a court judgement or court settlement, on the day of her husband’s death.
4. A widow not meeting the conditions of the entitlement to survivors’ pension specified in paragraphs 1 or 2 and not having the necessary sources of income, is entitled to a periodic survivors’ pension:
1) for a period of one year after her husband’s death;
2) for the period of participation in organised training in order to obtain qualifications necessary to perform paid work, no longer however than for the period of 2 years after her husband’s death.
5. The provisions of paragraphs 1-4 shall apply accordingly to a widower.
Article 71. Parents are entitled to the survivors’ pension if:
1) the insured person (old-age or disability pensioner) contributed to their support directly before his or her death;
2) they meet conditions specified for a widow and a widower in Article 70 paragraphs 1 and 2 accordingly, and as regards the age, also in Article 70 paragraph 5. Article 72. In the case of expiry of the entitlement to the survivors’ pension due to the cessation of the incapacity for work, the provision of Article 61 shall apply accordingly.
Article 73. 1. The survivors’ pension amounts to:
1) for one eligible person - 85% of the benefit which would be paid to the deceased person; 2) for two eligible persons - 90% of the benefit which would be paid to the deceased person; 3) for three or more eligible persons - 95% of the benefit which would be paid to the deceased person.
2. The amount of pension, subject to paragraph 3, or full invalidity pension is considered to be the amount to which the deceased person would have been entitled.
3. If the deceased person’s pension was calculated including increases mentioned in Article 56 paragraphs 3 and 4, the survivors’ pension is calculated as the percentage of the deceased person’s benefit with those increases deducted, according to the number of persons entitled to the pension. Thus calculated survivors’ pension is supplemented to the amount allowing for 50% increases to which the deceased person would be entitled.
4. The provision of paragraph 3 shall apply according to the calculation of the survivors’ pension after persons with the established entitlement to an old-age pension or invalidity pension pursuant to provisions mentioned in Article 195.
5. Survivors’ pensions are paid from the Fund, however the costs of those pensions are subject to the appropriate reimbursement:
1) in the part corresponding to the increase mentioned in paragraphs 3 and 4, and in the part corresponding to the periods of work on a farm included in accordance with Article 63 paragraph 1 – from the old-age and disability pension fund specified in the provisions on farmer’s social insurance;
2) in the part corresponding to the increase up to the amount of the lowest benefit – from the State budget.
Article 74. 1. All eligible family members are entitled to one joint survivors’ pension, allowing for paragraphs 2-4.
2. The survivors’ pension is subject to division into equal parts among the eligible persons.
3. In the case of disclosure of circumstances which result in the necessity to divide the survivors’ pension for the first time or change the terms of the previous division of the pension due to the change of eligible persons, the body for old-age and disability pensions performs the division of the benefit starting from the month of disclosure of those circumstances. The provisions of Article 129 paragraphs 1 and 2 shall apply accordingly.
4. In the case of disclosure of circumstances which result in the cessation of the division of the survivors’ pension, the provision of Article 133 shall apply accordingly. Section IV Supplements to old-age and disability pensions
Article 75. 1. A person eligible for an old-age or disability pension is entitled to the nursing supplement if that person has been considered to be totally incapable of work and independent existence, or has turned 75, subject to paragraph 4.
2. The nursing supplement amounts to PLN 106.41 per month.
3. The amount of the supplement mentioned in paragraph 2 is increased using the old-age and disability pension adjustment index starting with the month in which the adjustment is conducted.
4. A person eligible for an old-age or disability pension, remaining in a care and treatment institution, or a nursing and care institution, is not entitled to the nursing supplement unless he or she stays outside such institution for a period longer than 2 weeks in a month.
Article 76. 1. If a full orphan is entitled to the survivors’ pension, he or she is also entitled to a full orphan’s supplement.
2. The supplement mentioned in paragraph 1 amounts to PLN 200 per month.
3. The amount of the supplement mentioned in paragraph 2 is increased using the old-age and disability pension adjustment index starting from the month in which the adjustment is conducted.
Section V Funeral grant
Article 77. 1. A funeral grant is paid in the case of death of:
1) an insured person;
2) a person collecting an old-age or disability pension;
3) a person who did not have the established entitlement to an old-age or disability pension on the date death but fulfilled the conditions for acquiring and collecting such pension;
4) a member of family of the person mentioned in subparagraphs 1 and 2.
2. Members of family mentioned in paragraph 1 subparagraph 4 are persons mentioned in Article 67, although grandchildren and siblings are not required to meet the condition of acceptance for upbringing and support before they come of age.
3. The funeral grant is also payable in the case of the insured person’s death after the insurance cover has ceased, if the death took place during the period of collection of the sickness allowance, rehabilitation benefit or maternity allowance. 4. The funeral grant may be paid for one title only.
Article 78. 1. The funeral grant is payable to a person who has paid the costs of the funeral.
2. The funeral grant is also paid to employers, to the social assistance home, commune (local community), county (administrative district), a legal entity of a church or a denominational affiliation, if they have paid the costs of the funeral.
3. In the case where more than one person or the entity mentioned in paragraph 2 bears the costs of a funeral, the funeral grant is divided between those persons or entitles – proportionally to the costs of funeral incurred.
Article 79. 1. In the case where the costs of a funeral have been paid for by a person other than that mentioned in Article 77 paragraph 1 subparagraph 4, the employer, social assistance houses, commune, county, legal person of a church or a denominational affiliation, the funeral grant shall be paid in the amount of documented costs of the funeral, however no more than the amount specified in Article 80.
2. If the funeral has been organised at the expense of the State, a political or social organisation, but persons mentioned in Article 77 paragraph 1 subparagraph 4 have also borne part of its costs, the latter are entitled to an allowance in the amount specified in Article 80.
Article 80. 1. The funeral grant shall be paid in the amount of 200% of the average wage binding on the date of death of the person whose costs of funeral have been incurred.
2. The amount mentioned in paragraph 1 is determined monthly, starting from the third month of the calendar quarter, for the period of 3 months, based on the average wage from the previous quarter.
3. The amount of the funeral grant is announced by the President of the Social Insurance Institution in the form of a communication published in the Official Journal of the Republic of Poland "Monitor Polski" by the 14th day of the second month of each calendar quarter.
Article 81. The entitlement to the funeral grant expires if the application for that grant is not submitted within the period of 12 months from the death of the person for whose funeral the grant has been paid.
Section VI Benefits awarded under special procedure
Article 82. 1. The President of the Council of Ministers, in particularly justified cases, may award an old-age or disability pension on terms and in amounts other than those specified in the Act.
2. The President of the Council of Ministers presents to the Sejm of the Republic of Poland, by 31 January of each calendar year, information about the old-age and disability pensions awarded during the preceding year pursuant to paragraph 1.
Article 83. 1. The insured persons and their family members surviving after their death, who do not meet the conditions required in the Act to acquire the entitlement to the old-age or disability pension due to special circumstances, may not – due to the full incapacity for work or due to their age – undertake work or activities covered by social insurance and do not have the required maintenance, the President of the Social Insurance Institution may award, as an exception, benefits up to the amount not exceeding the appropriate benefits provided for in the Act.
2. The provision of Article 82 paragraph 2 shall apply accordingly.
Article 84. Benefits mentioned in Articles 82 and 83 are financed from the State budget.
Section VII Common provisions concerning the amount of benefits
Chapter 1 Bottom and top limit of benefits
Article 85. 1. The amounts of the lowest invalidity pension are as follows:
1) PLN 415.00 per month – for persons totally incapable of work; 2) PLN 319.23 per month – for persons partially incapable of work.
2. The amount of the lowest old-age pension, subject to Articles 54 and 87, and survivors’ pension amounts to PLN 415.00 per month.
3. The amounts of the lowest benefits mentioned in paragraphs 1 and 2 are increased using the adjustment index mentioned in Articles 89-94.
4. Benefits determined in amounts lower than those specified in paragraphs 1-3, including also benefits established together with increases mentioned in Article 56 paragraphs 3 and 4 and in Article 73 paragraphs 3 and 4, are increased to those amounts ex officio, and if their payment was suspended – after the reinstating of the payment.
5. The provision of paragraph 4 shall apply to benefits awarded in accordance with the provisions of international agreements to insured persons residing in Poland in such a manner so as the total amount of the benefit awarded pursuant to the Act and the foreign benefit is no lower than the amount of benefits specified in paragraphs 1-3.
6. The old-age pension payable from the Fund is not increased to the amount of the lowest old-age pension if the entitlement to it is vested in a person with the established entitlement to a military pension calculated in accordance with the rules specified in Article 15a of the Act of 10 December 1993 on Pension Entitlement of Professional Soldiers and their Families (Journal of Laws of 2004 No. 8, item 66) or to a police pension calculated in accordance with the rules specified in Article 15a of the Act of 18 February 1994 on Pension Entitlement of Functionaries of the Police, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, State Fire Protection Services, and Prison Guards, and their Families (Journal of Laws of 2004 No. 8, item 67). Article 86. 1. The amount of the old-age or disability pension together with increases mentioned in Article 56 paragraphs 3 and 4 or in Article 73 paragraphs 3 and 4, may not exceed 100% of the old-age or disability pension assessment base.
2. The limitation of the amount of benefits to 100% of their assessment base does not refer to old-age and disability pensions in the amount specified in Article 85.
3. For benefits established pursuant to Article 23 in the lowest amounts, the increases mentioned in Article 56 paragraphs 3 and 4 and in Article 73 paragraphs 3 and 4 do not apply.
Article 87. 1. In the case where the pension to which a person is entitled from the Fund, specified in Article 26, together with the life pension from a pension fund company is lower than the amount mentioned in Article 85 paragraphs 2 and 3, the pension payable from the Fund is increased so that the total amount of those benefits is not lower than that amount, provided the insured person:
1) a man – is 65 or over and has contributory and non-contributory periods amounting to at least 25 years,
2) a woman – is 60 or over and has contributory and non-contributory periods amounting to at least 20 years, allowing for paragraphs 3-7. The provision of Article 5 paragraph 2 shall apply accordingly.
2. The increase mentioned in paragraph 1 is subject to a refund from the State budget.
3. In the course of calculation of contributory periods falling after the effective date of the Act for the purpose of increasing the old-age pension in accordance with paragraph 1, the months in which contributions for old-age and disability pension insurance were calculated on the basis of the assessment base lower than the amount of the minimum wage are taken into account in the part corresponding to the ratio of that base to the minimum wage.
4. The rules mentioned in paragraph 3 shall not apply if the decrease of the contribution assessment base below the minimum was caused by the collection of the remuneration for the period of incapacity for work, paid out pursuant to the provisions of the Labour Code, allowances and rehabilitation benefit from sickness insurance or from accident insurance. This rules shall not apply also if the old-age and disability pension insurance contribution assessment base was the amount of permanent allowance from social assistance or nursing benefits specified in the provisions on family benefits, and to: workers mentioned in Article 6 paragraph 2 of the Act of 10 October 2002 on Minimum Wage (Journal of Laws No. 200, item 1679), non-professional soldiers in active military service, insured persons in substitute service, as well as functionaries of the Police, Border Guards, Government Security Bureau and State Fire Protection Services in candidate services.
5. The entitlement to the increase mentioned in paragraph 1 is not vested in old-age pensioners who generate income from the activities mentioned in Article 104 paragraphs 1-4, if that income exceeds the amount of increase.
5a. The entitlement to the increase mentioned in paragraph 1 shall not be awarded if the entitlement to the old-age pension from the Fund and the life pension from a pension fund company converges with the entitlement to the military or police pension mentioned in Article 85 paragraph 5. 6. During the contributory period mentioned in paragraph 1 no more than 10 years of continuation of the insurance in accordance with the provisions on Social Insurance System are taken into account.
7. For the purpose of determination of the excess amount mentioned in paragraph 5, provisions of Article 104 paragraphs 1-8 and Article 106 shall apply accordingly.
8. The provisions of paragraphs 1-7 shall apply accordingly to persons who did not accede an open-end pension fund.
Chapter 2 Adjustment of benefits
Article 88. 1. Old-age and disability pensions are subject to periodic adjustments from 1 March of the calendar year following the calendar year in which the general Consumer Price Index for the period from the calendar year in which the last adjustment was conducted amounts to at least 105.0%.
2. The adjustment consists in multiplying the amount of benefit and its assessment base by the adjustment index.
3. The adjustment covers the amount of benefit and its assessment base in the amount to which the person is entitled on the last day of February in the calendar year in which the adjustment is performed.
4. The adjustment covers old-age and disability pensions awarded before the date of adjustment.
5. If for a period of 2 calendar years after the calendar year in which the last adjustment was conducted the index mentioned in paragraph 1 did not reach at least 105.0%, the adjustment is conducted from 1 March of the following calendar year.
Article 89. 1. The adjustment index is equal to the general Consumer Price Index during the period from the calendar year in which the last adjustment was conducted until the year preceding the date of adjustment.
2. The general Consumer Price Index mentioned in paragraph 1 is the Consumer Price Index for households of old-age and disability pensioners or the general Consumer Price Index, if it is higher than the Consumer Price Index for households of old-age and disability pensioners.
3. The Budgetary Act for the calendar year in which the adjustment of benefits is anticipated may determine an additional adjustment index.
4. The additional adjustment index may not be higher than the index specified in the Draft Budgetary Act for the calendar year in which the adjustment of benefits is anticipated.
5. In the case mentioned in paragraph 3, the adjustment index is determined by multiplying the index mentioned in paragraph 1 by the additional adjustment index.
6. If the date of the subsequent adjustment falls 24 months after the date of last adjustment, the adjustment index for old-age and disability pensions awarded or recalculated in accordance with Article 110 during the period of the last 12 months preceding this adjustment is determined by dividing the adjustment index by the general Consumer Price Index in the year in which the last adjustment was conducted.
7. If the date of the subsequent adjustment falls 36 months after the date of the last adjustment, then the adjustment index for old-age and disability pensions awarded or recalculated in accordance with Article 110:
1) during the period of the last 12 months preceding that adjustment is determined by dividing the adjustment index by the general Consumer Price Index taken jointly from the year of the last adjustment and the subsequent year;
2) during the period between 24 and 13 months before that adjustment is determined by dividing the adjustment index by the general Consumer Price Index from the year of the last adjustment.
Articles 90 - 92. (repealed)
Article 93. The change of the amount of old-age and disability pensions under the adjustment is conducted ex officio, and if the payment of the benefit was suspended – after its reinstitution, allowing for all subsequent adjustments and additional adjustments performed during the period of payment suspension.
Article 94. 1. The President of the Central Statistical Office announces, in the form of a communication, in the Official Journal of the Republic of Poland "Monitor Polski" by the end of January:
1) the average annual general Consumer Price Index in the previous calendar year;
2) the average annual Consumer Price Index for households of old-age and disability pensioners in the previous calendar year;
3) the general Consumer Price Index and the Consumer Price Index for households of old-age and disability pensioners in the previous calendar year in relation to the calendar year preceding the year in which the last adjustment was conducted.
2. The minister competent for social security announces, in the form of a communication, in the Official Journal of the Republic of Poland "Monitor Polski", at least 14 working days before the next adjustment date, adjustment indices mentioned in Article 89.
3. The President of the Social Insurance Institution announces, in the form of a communication, in the Official Journal of the Republic of Poland "Monitor Polski", at least 7 working days before the next adjustment date:
1) amounts due from the adjustment date: a) of the lowest old-age and disability pensions, b) of the nursing supplement and the total orphan’s supplement;
2) the amounts of maximum decreases binding from the date of adjustment, calculated in accordance with Article 104 paragraph 9.
Chapter 3 Overlapping of the entitlement to benefits
Article 95. 1. In the case of the overlapping of the entitlement to several benefits provided for in the Act in the hands of one person, one of those benefits is paid – the higher one or the one selected by the person concerned.
2. The provision of paragraph 1 shall apply also in the case where, allowing for Article 96, in the event of the overlapping of the entitlement to old-age or disability pension specified in the Act and the entitlement to benefits provided for in the provisions on pension entitlement of persons mentioned in Article 2 paragraph 2, with the exception of the case in which the military pension or the police pension was calculated on the basis of rules specified in Article 15a of the Act of 10 December 1993 on Pension Entitlement of Professional Soldiers and their Families or in Article 15a of the Act of 18 February 1994 on Pension Entitlement of Functionaries of the Police, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, State Fire Protection Services, and Prison Guards, and their Families.
3. The provision of paragraph 1 shall also apply in the case of convergence of the entitlement to survivors’ pension and the entitlement to an early retirement allowance or benefit in the hands of one person.
Article 96. 1. Separate provisions describe the entitlement to benefits in the case of convergence of in the case of one person of his or her entitlement to old-age pension and the entitlement to:
1) war invalid’s pension and military invalid’s pension where the incapacity for work is related to the military service;
2) invalidity pension resulting form the stay in places mentioned in Articles 3 and 4 paragraph 1 of the Act of 24 January 1991 on War Veterans and Certain Persons Who Were Victims of War and Post-war Repressions (Journal of Laws of 2002 No. 42, item 371 and No. 181, item 1515, and of 2003 No. 72, item 658);
3) invalidity pension resulting from an employment injury, an accident en route to or from work or occupational disease.
2. Separate provisions specify the entitlement to benefits in the case of convergence of the entitlement to old-age or disability pension and the entitlement to old-age or disability pension from the farmers’ social insurance in the hands of one person.
Article 97. Persons entitled to old-age or disability pension and to pension-related benefits from foreign institutions receive benefits to which they are entitled pursuant to the Act in the amount specified in the Act, if international agreements do not provide otherwise.
Article 98. 1. The suspension of payment of one of the benefits mentioned in Article 95 takes place from the date from which the person is entitled to the higher benefit or benefit chosen by the person concerned.
2. In the case of convergence of the entitlement to benefits mentioned in Article 96, those benefits are paid from the date of establishment of the entitlement to two benefits, no earlier however than from the month in which the application was submitted. 3. The amounts of benefits paid out for the period for which the person concerned is entitled to the payment of the higher benefit or the benefit chosen by the person concerned, or more than one benefit, are subject to settlement by including in that benefit or benefits. The provision of Article 139 paragraph 1 subparagraph 1 shall apply accordingly.
4. The settlements mentioned in paragraph 3 are performed allowing for the principles of financing benefits specified in the provisions on Social Insurance System.
Article 99. In the case of convergence of the entitlement to the funeral grant specified by the Act and the entitlement to the funeral grant determined on the basis of separate Acts, the person or persons concerned shall be entitled to only one grant.
Section VIII Principles of establishing benefits
Chapter 1 Establishment and expiry of the entitlement to benefits
Article 100. 1. The entitlement to benefits specified in the Act is created as of the date of fulfilment of all conditions required for the acquisition of that entitlement, subject to paragraph 2.
2. If the insured person is collecting sickness allowance, rehabilitation benefit or remuneration for the period of incapacity for work paid pursuant to the provisions of the Labour Code, the entitlement to the old-age pension, invalidity pension or training pension is created as of the date of discontinuance of that allowance, benefit or remuneration.
3. The provision of paragraph 2 does not apply to pensions mentioned in Section II Chapter 1.
Article 101. The entitlement to benefits is discontinued:
1) when any of the conditions required to obtain that entitlement ceases to exist; 2) at the moment of the eligible person’s death.
Article 102. 1. The entitlement to a benefit depending on the temporary incapacity for work ceases to exist upon the expiry of the period for which it was awarded.
2. The entitlement to the training pension ceases to exist:
1) upon the expiry of the 6-month period if the starosta fails to apply for the extension of that period;
2) upon receiving a notification from the starosta on the lack of possibilities of retraining for other occupation, and where the body for old-age and disability pensions received this notification before the expiry of the 6-month period; 3) upon the expiry of the period for which the benefit was granted upon the request of the starosta;
4) upon receiving the notification from the starosta that the person concerned, before the expiry of the 6-month period or during the period mentioned in subparagraph 3, is not undergoing the vocational retraining.
Chapter 2 Suspension or reduction of benefits
Article 103. 1. The entitlement to old-age and disability pensions is suspended or those benefits are decreased based on principles specified in Article 104-106.
2. The provision of paragraph 1 shall not apply to old-age pensioners who are 60 or over (women) or 65 or over (men), subject to paragraph 2a.
2a. The entitlement to old-age pension is suspended regardless of the amount of income generated by the pensioner from employment continued without previous termination of the employment relationship with the employer for whom that pensioner performed work directly before the date of acquiring the entitlement to the pension, determined in the decision of the body for old-age and disability pensions.
3. The entitlement to old-age pension, invalidity pension or survivors’ pension to which one person is entitled may be suspended also at the request of the old-age or disability pensioner.
4. (repealed)
Article 104. 1. The entitlement to old-age or disability pension is suspended or those benefits are decreased, based on principles specified in paragraphs 3-8 and in Article 105, in the case where the person concerned is generating income from activities subject to social insurance obligation mentioned in paragraph 2 and from services mentioned in Article 6 paragraph 1 subparagraphs 4 and 6.
1a. For old-age and disability pensioners conducting economic activities outside agriculture, the income mentioned in paragraph 1 is deemed to be the income constituting the assessment base for social insurance contributions within the meaning of the provisions on the Social Insurance System.
2. The activities subject to social insurance obligation mentioned in paragraph 1 are deemed to be employment, service or another form of paid work, or conducting economic activities outside agriculture, allowing for paragraph 3.
3. The provisions of paragraphs 1 and 2 shall apply also to old-age and disability pensioners generating income from activities performed abroad.
4. The provisions of paragraphs 1, 1a and 2 shall also apply to persons excluded from the social insurance obligation for the determination of the entitlement to old-age and disability pensions or performing activities which are not subject to compulsory social insurance due to the fact that they are covered by that obligation under another title. 5. The provisions of paragraphs 1-4 shall not apply to royalties from creative and artistic activities.
6. The income mentioned in paragraph 1 shall be also deemed to include amounts of of allowances claimed: sickness allowance, maternity allowance, and child-minding allowance, and remuneration for the period of incapacity for work, paid out pursuant to the provisions of the Labour Code, as well as amounts of the rehabilitation benefit and compensatory benefit, compensatory allowance and compensatory supplement.
7. The entitlement to old-age pension, invalidity pension and survivors’ pension to which one person is entitled is suspended in the case where that person generates income in the amount higher than 130% of the average monthly wage for the calendar quarter, announced most recently by the President of the Central Statistical Office.
8. In the case of generation of income in the amount exceeding 70% of the average monthly wage for the calendar quarter, announced most recently by the President of the Central Statistical Office, although no higher than 130% of that amount, the benefit is decreased by the amount of excess, no higher though than the amount of the maximum decrease binding on 31 December 1998 in the amount of:
1) 24% of the base amount binding at the time of the last adjustment in 1998 – for old-age or full invalidity pension;
2) 18% of the base amount mentioned in subparagraph 1 – for partial invalidity pension;
3) 20.4% of the base amount mentioned in subparagraph 1 – for survivors’ pension to which one person is entitled.
9. The amounts of maximum decreases mentioned in paragraph 8 are subject to increasing, using the adjustment index for old-age and disability pensions at subsequent adjustment dates.
10. The President of the Social Insurance Institution announces in the Official Journal of the Republic of Poland "Monitor Polski":
1) by the 14th working day of the second month of each calendar quarter – amounts of income mentioned in paragraphs 7 and 8, rounded up to full 10 groszy;
2) by the 14th working day of November – border amounts of income for the ending of the calendar year.
Article 105. 1. The amount of survivors’ pension to which more than one person is entitled is decreased in the case where the person entitled to part of that pension generates income in the amount higher than 70% of the average wage for the calendar quarter recently announced by the President of the Central Statistical Office, no higher however than 130% of that amount per month.
2. The pension is decreased by reducing the part of the pension to which the person generating income s entitled, by the excess, no more however than by the amount mentioned in Article 104 paragraph 8 subparagraph 3, multiplied by the ratio of the part of survivors’ pension before the decrease to the full survivors’ pension. 3. The income generated by the person entitled to the survivors’ pension in the amount exceeding the amount of 130% of the average wage for the calendar quarter, recently announced by the President of the Central Statistical Office, results in the suspension of the entitlement to part of the survivors’ pension for that person. The amount of parts of the pension to which other family members are entitled do not change.
Article 106. The minister competent for social security shall specify by regulation: 1) detailed principles of suspending and decreasing benefits;
2) duties of old-age and disability pensioners and contribution payers, as well as tax offices;
3) detailed principles of the annual and monthly settlement of benefits;
4) detailed principles of suspending and decreasing benefits for persons for whom the benefits were granted allowing for periods of insurance abroad.
Chapter 3 Changes in the entitlement to benefits and their amount
Article 107. The entitlement to benefits depending on incapacity for work and the amounts of those benefits change if if as a result of the medical examination conducted upon application or ex officio a change in the degree of incapacity for work has been determined, as well as lack of such incapacity or its recurrence.
Article 107a. 1. If more than one person is entitled to a survivors’ pension, or one or several of those persons apply for excluding them from the group of persons entitled to such pension, the entitlement to survivors’ pension shall be re-established with the omission of such a person (persons).
2. The application mentioned in paragraph 1 is a circumstance which results in the cessation of the entitlement to survivors’ pension for persons mentioned in paragraph 1. The provision of Article 134 paragraph 1 subparagraph 1 and paragraph 2 subparagraph 2 shall apply accordingly.
3. The redetermination of the amount of survivors’ pension for the remaining persons entitled to the pension takes place from the month from which the payment of pension for the person mentioned in paragraph 1 was withdrawn.
4. Upon the application of the person mentioned in paragraph 1, the entitlement to survivors’ pension shall be re-established, no earlier, however, than from the month in which the application was submitted.
Article 108. 1. If after the date on which the pension specified in Article 24 was granted the pensioner was subject to old-age and disability pension insurance, the amount of that benefit shall be redetermined using the method specified in paragraph 2.
2. The old-age pension calculated on the basis of principles specified in Article 26 shall be increased by the amount resulting from the division of contributions recorded in the insured person’s account after the date of determination of the entitlement to the old-age pension and adjusted in accordance with Article 25 by the life expectancy for the age of the particular insured person, expressed in months, on the date of submission of the application for the recalculation of the amount of the old-age pension, having regard to paragraphs 4 and 5.
3. The redetermination of the amount of old-age pension takes place upon an application submitted no earlier than after one calendar year or after the discontinuance of the old-age and disability insurance.
4. The basis for calculating old-age pension is the amount of contributions recorded from the month from which the payment of the old-age pension was commenced, until the month preceding the month of submission of the application for the reestablishment of the old-age pension.
5. The provision of paragraph 4 shall apply accordingly to subsequent applications for the determination of the old-age pension in the new amount.
Article 109. 1. Upon the application of the old-age or disability pensioner, the amount of old- age pension specified in Article 53 and disability pension is redetermined on principles contained in Article 110-113.
2. If as a result of redetermination the old-age or disability pension is lower, the benefit shall be paid out in the previous amount.
Article 110. 1. The amount of old-age or disability pension is recalculated on the assessment base determined using the method specified in Article 15, having regard to paragraph 3, if for the calculation the assessment base of the social insurance contribution or old-age and disability pension insurance contribution was indicated, pursuant to the provisions of the Polish law, falling in its entirety or in part after the awarding of the benefit, and the assessment base index is higher than that calculated previously.
2. The condition for having a higher assessment base index is not required from an old-age or disability pensioner who, from the establishment of the entitlement to the benefit until the submission of the application for reestablishment of the benefit, in accordance with paragraph 1, did not collect the benefit due to the suspension of the entitlement to old-age or disability pension, or the period required for the determination of the base falls in entirety after the awarding of the entitlement to the benefit, and the assessment base index is at least 130%.
3. The period of the last 20 calendar years mentioned in Article 15 paragraph 1 includes the period falling directly before the year in which the application for the redetermination of the amount of benefit was submitted, having regard to Article 176.
Article 111. 1. The amount of old-age or disability pension is recalculated, subject to paragraphs 2 and 3, on the assessment base determined in accordance with Article 15, if for the calculation of that pension the assessment base of social insurance contributions or old- age and disability pension insurance contributions was indicated pursuant to the provisions of the Polish law:
1) from the number of subsequent calendar years and during the period indicated for the determination of the previous benefit assessment base,
2) from the subsequent 10 calendar years selected from 20 calendar years preceding directly the calendar year in which the application for awarding the old-age or disability pension was submitted, or for redetermination of the old-age or disability pension, having regard to Article 176,
3) from 20 calendar years selected from the entire period of insurance, falling before the year of submission of the application for redetermination of the old-age or disability pension
- and the assessment base index is higher than that calculated previously.
2. Assessment base index, calculated on the basis of principles specified in Article 15, is multiplied by the base amount most recently adopted for the calculation of the benefit.
3. The old-age or disability pension assessment base, determined on the basis of principles specified in paragraphs 1 and 2, is subject to all adjustments to which the person concerned is entitled until the submission of the application for the redetermination of that base.
Article 112. 1. If the old-age or disability pensioner submits an application for redetermination of the benefit by adding contributory or non-contributory periods which have previously not been included in the benefit, the amount of the benefit to which he or she is entitled is increased by adding:
1) to the amount of pension mentioned in Article 53, or full invalidity pension:
a) 1.3% of the assessment base, determined as a result of the adjustment, for each year of contributory periods mentioned in Article 6,
b) 0.7% of the assessment base, determined as a result of the adjustment, for each year of non-contributory periods mentioned in Article 7;
2) to the amount of partial invalidity pension and to the amount of survivors’ pension: part of the increase mentioned in subparagraph 1, determined using the percentage ratio specified respectively in Article 62 paragraph 2 or in Article 73 paragraph 1.
2. For the calculation of the increase mentioned in paragraph 1, contributory periods and non-contributory periods are determined allowing for full months.
Article 113. The redetermination of the amount of old-age pension or invalidity pension, by adding contributory or non-contributory periods which have previously not been included in the benefit, takes place upon an application submitted no earlier than after the end of the calendar quarter, if the old-age or disability pensioner is covered by insurance, unless the insurance was discontinued in that calendar quarter.
Article 114. 1. The entitlement to benefits or their amounts are redetermined upon the application of the person concerned or ex officio, if after the decision concerning benefits becomes valid new evidence is presented or new circumstances existing before the issuance of that decision are revealed, and they affect the entitlement to benefits or their amount.
1a. The provision of paragraph 1 shall apply accordingly if after the decision becomes valid it turns out that the evidence presented did not constitute a basis for determining the entitlement to old-age or disability pensions or their amount. 2. If the entitlement to benefits or their amount was determined on the basis of a decision of an appeal agency, the body for old-age and disability pensions, on the basis of evidence or circumstances mentioned in paragraph 1:
1) issues its own decision awarding the entitlement to benefits or increasing their amounts;
2) applies to the appeal agency with a motion to reinstitute proceedings before that agency, where the evidence presented or circumstances revealed indicate that the entitlement to benefits does not exist or that the benefits should be awarded in lower amounts; that application may be submitted by the body for old-age and disability pensions at any time;
3) stops the payment of benefits in their entirety or in part, if the old-age or disability pensioner has been obtaining benefits on the basis of false documents or testimonies, or in other cases of bad faith.
Section IX Proceedings in cases concerning benefits and payment of benefits
Chapter 1 General principles of proceedings
Article 115. 1. Bodies for old-age or disability pensions competent for the place of residence of the person concerned issue decisions concerning benefits and pay benefits, having regard to paragraph 2-4.
2. Organisational units of the Social Insurance Institution, appointed by the President of the Institution issue decisions concerning benefits and pay those benefits:
1) to persons residing abroad in a state which has concluded an international agreement on social insurance with the Republic of Poland;
2) to persons for whom periods of insurance mentioned in Article 8 were taken into account for the purpose of determination of their entitlement to and amount of old-age or disability pension.
3. With regard to persons residing abroad in a state which has not concluded an international agreement on social insurance with the Republic of Poland decisions concerning benefits are issued and benefits are paid by bodies for old-age or disability pensions competent for the last place of residence in Poland of the person concerned (the insured person ).
4. (repealed)
Article 116. 1. Proceedings concerning benefits are instituted on the basis of a motion submitted by the person concerned, unless the Act provides otherwise. 1a. Proceedings concerning pensions are instituted ex officio if the pensionable age for persons entitled to the early retirement benefit or early retirement allowance is 60 years for women and 65 years for men.
1b. Proceedings concerning benefits are discontinued if the person applying for the benefit has died before the decision concerning that benefit has been issued.
1c. The provision of paragraph 1b shall not apply in cases mentioned in Article 136.
2. The application for an old-age or disability pension may be withdrawn, no later however than by the date on which the decision becomes valid. In the case of a withdrawal of the application the proceedings concerning benefits are discontinued.
3. Applications concerning the awarding of benefits are submitted in the body for old-age and disability pensions directly or through the intermediation of the contribution payer, having regard to Article 182.
4. The applications for benefits for persons mentioned in Article 115 paragraphs 2 and 3 are submitted to bodies for old-age and disability pensions mentioned in those provisions, allowing for the provision of international agreements.
5. Evidence justifying the entitlement to benefits and their amounts, specified by regulation by the minister competent for social security should be attached to the application for benefit.
Article 117. 1. Contributory periods mentioned in Article 6 paragraph 1 subparagraphs 2-9 and paragraph 2 subparagraph 1 letters b-d, subparagraph 2 letter d and subparagraphs 4- 17, non-contributory periods mentioned in Article 7, and periods mentioned in Article 10 paragraph 1 subparagraph 1, may be taken into account if they have been proved by documents (certificates) or entries in the insurance book, or approved by a court decision, having regard to paragraphs 3 and 4.
2. Contributory periods mentioned in Article 6 paragraph 1 subparagraph 1, non-contributory periods mentioned in Article 7 subparagraph 1, falling after the effective date of the Act, and data on the contribution assessment base and amount of contributions paid are taken into account on the basis of information registered in the insured person’s account.
3. Periods of imprisonment mentioned in Article 6 paragraph 1 subparagraph 8, on the basis of a court sentence – are confirmed by the president of the district court, and in the case of imprisonment without sentence – President of the National Remembrance Institute – Commission for Prosecution of Crimes Against the Polish Nation.
4. Periods mentioned in Article 6 paragraph 1 subparagraph 10 and Article 7 subparagraph 4 may be proved using documents or witness testimonies. Those documents and testimonies are assessed, in the form of a decision, by the Head of the Office for Veterans and Victims of Repressions in accordance with the provisions on war veterans and certain persons who are victims of war and post-war repressions.
5. The minister competent for social security, by regulation, specifies the types of evidence necessary to determine the entitlement to and amount of benefits in cases where the insured person’s account does not contain such information.
Article 118. 1. The body for old-age and disability pensions issues a decision concerning the entitlement to a benefit or determination of its amount for the first time within 30 days of explaining the last circumstance necessary to issue the decision, having regard to paragraphs 2 and 3 and Article 120.
1a. In the case of determination of the entitlement to benefit or its amount by a decision of an appeal agency, the date of explanation of the last circumstance necessary to issue the decision is also considered to be the date of issuance of the valid decision of the appeal agency.
2. If as a result of the decision the entitlement to the benefit and its amount has been determined, the body for old-age and disability pensions pays the benefit on the date specified in paragraph 1.
3. If on the basis of evidence presented the determination of the entitlement to or amount of the benefit is not possible, the date of explanation of the last circumstance mentioned in paragraph 1 shall be the final date of the additional deadline for presenting necessary evidence, appointed by the body for old-age and disability pensions, or the date of presentation of that evidence.
4. For the performance of a payment resulting from the decision redetermining the entitlement to the benefit or its amount, paragraph 1-3 shall apply accordingly, subject to paragraph 5.
5. The payment of the benefit resulting from the decision mentioned in paragraph 4 takes place on the nearest date of payment of the benefit or on the next payment date if the period between the date of explanation of the last circumstance necessary to issue that decision and the nearest payment date is shorter than 30 days.
6. The provisions of paragraphs 1-5 shall not apply if international agreements provide otherwise.
7. The person concerned is entitled to an appeal against the decision of the body for old-age and disability pensions, as specified in separate provisions.
Article 119. 1. The body for old-age and disability pensions issues a decision on awarding the periodic invalidity pension for the period indicated in the certificate issued by the approved physician or in the certificate issued by the medical commission."
2. In the case of a decision on justifiability of vocational retraining, the body for old-age and disability pensions issues a decision on awarding a training pension for a period of 6 months and sends the person concerned to the county labour office in order to undergo the vocational retraining.
3. Upon the application submitted by the starosta, the body for old-age and disability pensions issues a decision on extending the entitlement to the training pension for the period indicated in that application, having regard to the provision of Article 60 paragraph 2.
4. The body for old-age and disability pensions forwards the person concerned again to an approved physician if starosta notifies it that there is no possibility of retraining that person for another occupation.
Article 120. If the entitlement to benefits has been proven but the person concerned has failed to provide evidence necessary to determine the amount of benefits, the body for old- age and disability pensions awards to that person benefits in the advance amount close to the amount of anticipated benefits. Article 121. 1. Excerpts from the registry office files, certificates issued in order to determine the entitlement to benefits, and letters applying for the issuance of those documents are free of charge.
2. In cases concerning benefits provided for in the Act, persons concerned and bodies for old-age and disability pensions are exempted of all charges, excluding the charges paid pursuant to Article 16 paragraph 4 of the Act of 27 August 2004 on Health Care Benefits Financed from Public Funds (Journal of Laws No. 210, item 2135.).
Article 122. 1. Central government administration bodies, local government administration bodies and employers are obliged to provide the bodies for old-age and disability pensions with assistance and information in cases concerning benefits provided for in the Act.
2. Entities mentioned in paragraph 1 are obliged – upon the applications submitted by persons concerned or by a body for old-age and disability pensions – to certify handwritten signatures or authenticate signatures on statements (declarations) and pension forms required to obtain or collect pensions from foreign institutions.
3. The provision of paragraph 2 does not violate the provisions of Article 96 of the Act of 14 February 1991 – Law on Notarial Services (Journal of Laws of 2002 No. 42, item 369, and of 2003 No. 49, item 408, No. 124, item 1152 and No. 217, item 2142).
Article 123. The minister competent for social security shall specify by regulation the detailed procedure adopted in cases concerning the determination of the entitlement to cash benefits provided for in the Act.
Article 124. In the proceedings concerning benefits specified in the act provisions of the Administrative Procedure Code shall apply, unless this Act provides otherwise.
Chapter 2 Duties of contribution payers, beneficiaries of benefits and other entities
Article 125. 1. Employers are obliged to: 1) cooperate with the employee in the area of collection of documentation necessary to award the benefit;
2) issuance of certificates necessary to establish an entitlement to benefits and their amounts to the employee or the body for old-age or disability pensions;
3) preparation of an application for the old-age pension and submission of that application with the consent of the employee to the body for old-age and disability pensions no later than 30 days before the planned date of the employee’s retirement, having regard to Article 182;
4) preparation, with the employee’s consent, an application for the invalidity pension and submission of that application to the body for old-age and disability pensions 30 days before the expiry of the entitlement to sickness allowances; 5) notification, immediately after the employee’s death, of the surviving family of the conditions of obtaining the survivors’ pension, preparation of the application for that pension and its submission to the body for old-age and disability pensions.
2. The provisions of paragraphs 1 shall apply accordingly to other contribution payers, with the exception of mandators, natural persons with employees, not paying out any benefits from sickness insurance, and contribution payers who pay contributions for themselves and for cooperating persons.
Article 125a. 1. The contribution payer shall issue documents (certificates), upon the request of the body for old-age and disability pensions, in order to prove contributory periods mentioned in Article 6 paragraph 1 subparagraph 1, and non-contributory periods mentioned in Article 7 subparagraph 1, having regard to paragraphs 2 and 5.
2. The contribution payer shall issue documents (certificates) in order to prove periods of employment in special conditions or in special character, periods of mining work and periods of railway employment.
3. The contribution payer shall issue a certificate on the amount of income constituting the assessment base for social insurance contributions, paid out for the periods for which the person concerned is entitled to this income, and about the amount of remuneration paid out for the period of incapacity for work, benefits and allowances, and other amounts due mentioned in Article 15 paragraph 3.
4. The contribution payer shall store wage rolls, wage cards or other proofs on the basis of which the old-age or disability pension assessment base is determined for the period of 50 years after the conclusion of insured person’s employment with the particular payer.
5. A presentation of proofs confirming the payment of contributions and the amount of the assessment base for contributions for the period falling after 31 December 1998 may be required by the body for old-age and disability pensions from a person paying his or her own social insurance contributions.
Article 126. A person who has submitted an application for the awarding of a benefit the entitlement to which depends on the confirmation of incapacity for work, and the person with the established entitlement to such benefit, at the request of the body for old-age and disability pensions, shall undergo medical examinations, and at the request of the authorised physician or at the request of a medical commission, psychological tests, if they are necessary to determine the entitlement to benefits specified in the Act. The provision of Article 134 paragraph 1 subparagraph 3 shall apply accordingly.
Article 127. 1. The old-age or disability pensioner shall notify the body for old-age and disability pensions about the undertaking of activities mentioned in Article 104 paragraphs 1- 4, and about the income generated from those activities, and after one calendar year – about the amount of that income generated during the previous calendar year.
1a. The obligation specified in paragraph 1 does not concern pensioners who turned 60 (women) or 65 (men) before undertaking the activities mentioned in Article 104 paragraphs 1-4.
2. The obligations specified in paragraph 1 are vested respectively in the employer and the mandator, and in the case of a person in service – the competent personnel unit. Article 128. 1. At the request of the body for old-age and disability pensions, the old-age or disability pensioner shall confirm with his own hand signature the existence of the entitlement to benefits specified by the Act.
2. In the case of existence of circumstances making it impossible or difficult for the old-age or disability pensioner to place that signature, the existence of the further entitlement to benefits to be collected by that pensioner may be confirmed with a hand signature by the person providing actual care for the pensioner.
3. The authenticity of the signature of persons mentioned in paragraphs 1 and 2 is confirmed free of charge by competent central government administration bodies or local government units.
4. The provision of paragraph 3 does not violate the provisions of Article 96 of the Act – Law on Notarial Services.
5. In the case where the requirement mentioned in paragraph 1 has not been fulfilled, the provisions of Articles 101 and 134 shall apply accordingly.
Chapter 3 General principles of payment of benefits
Article 129. 1. The benefits are paid starting from the establishment of the entitlement to those benefits, no earlier however than from the month in which the application was submitted or the official decision was issued, having regard to paragraph 2.
2. In the case of submission of the application for the survivors’ pension in the month immediately following the month of death of the insured person, old-age or disability pensioner, the survivors’ pension is paid out from the moment of death, no earlier however than from the moment of meeting the conditions for the pension by the eligible family members.
3. The condition for collecting the payment of pensions mentioned in Article 26 for members of open-end pension funds is to enter into a pension agreement mentioned in the provisions on pension fund companies.
Article 130. 1. Benefits are paid for calendar months on the date agreed in the decision of the body for old-age and disability pensions as the date of payment of benefits, having regard to paragraphs 4 and 5, unless international agreements provide otherwise.
2. Benefits are paid to eligible persons through the intermediation of legal entities conducting activities in the field of delivery of benefits, or at the request of the eligible person, to that person’s account in a bank or in a cooperative savings and loan fund, having regard to paragraph 3.
2a. The provision of paragraph 2 shall apply accordingly do persons with legal guardianship over persons entitled to old-age pension or invalidity pension, and persons with care of persons mentioned in Article 131 paragraph 1.
2b. The provision of paragraph 2 shall not apply in the case where the person with legal guardianship over persons entitled to old-age pension or invalidity pension and the person with care of persons mentioned in Article 131 paragraph 1 is serving a sentence of imprisonment, military detention or detention for an offence, or is in temporary custody. 3. A person serving a sentence of imprisonment, military detention or detention for an offence, and in temporary custody receives benefits through the intermediation of legal entities conducting activities in the field of delivery of benefits:
1) to the address of the penal institution or detention centre;
2) at the request of that person – to that person’s bank account or to the person indicated, after prior instruction concerning circumstances mentioned in Article 138 paragraph 2 subparagraph 1.
4. The date of payment of benefits sent abroad is the date of remittance of the amount due to the bank or another institution acting as an intermediary in the payment of benefits.
5. Benefits sent abroad, determined in amounts lower than the lowest old-age pension, may be paid on other dates than those specified in paragraph 1, determined in the decision of the body for old-age and disability pensions.
Article 131. 1. Survivors’ pension or its part mentioned in Article 74 paragraph 2, to which the following persons are entitled:
1) a minor, 2) an adult with regard to whom legal guardianship has been established, is paid to persons with guardianship over those persons, after prior instruction concerning circumstances mentioned in Article 138 paragraph 2 subparagraph 1, subject to paragraphs 5 and 6.
2. The part of the survivors’ pension to which an adult other than that mentioned in paragraph 1 subparagraph 2 is entitled is paid out – at the request of that person – to another adult person entitled to part of that survivors’ pension or to the person who had care over the applicant before he or she came of age, after prior instruction concerning circumstances mentioned in Article 138 paragraph 2 subparagraph 1.
3. In the case where circumstances are revealed which result in the necessity to divide the pension for the first time or change the conditions of the existing division of the pension, the body for old-age and disability pensions pays out the compensation for the benefit from the month in which those circumstances were revealed.
4. Amounts paid before the division of the survivors’ pension for the period for which that division is determined:
1) are included in amounts to which the person concerned is entitled as a result of the division, if that person is entitled to a benefit compensation for that period;
2) may not be claimed if as a result of the division it was established that for that period the person concerned was entitled to a lower amount of benefit.
5. In the case of a full orphan’s stay in a special institution, in an orphanage or in a care and education institution, the survivors’ pension, together with the full orphan’s supplement, is paid to the savings account in the bank indicated by the manager of the institution or guardian appointed by court. 6. In the case where more than one full orphan entitled to one survivors’ pension is staying in a special institution, in an orphanage or in a care and education institution, each of the orphans receives the payment of the part of pension to which he or she is entitled as well as the full orphan’s supplement. The provision of paragraph 5 shall apply accordingly.
Article 132. In the case of an old-age or disability pensioner who took up residence abroad, the benefit – upon his or her request – is paid to a person authorised by him or her to collect it, residing in Poland, or to the pensioner’s bank account in Poland, unless international agreements provide otherwise.
Article 133. 1. In the case of redetermination by the body for old-age and disability pensions the entitlement to benefits or their amounts, the benefits awarded or increased are paid starting from the month in which the entitlement to those benefits or their increase was established, no earlier however than:
1) from the month in which the application for reconsideration of the case was submitted or the official decision was issued, subject to Article 107a paragraph 3;
2) for the period of 3 years directly preceding the month mentioned in subparagraph 1, if the refusal or the award of lower benefits resulted from an error made by the body for old-age and disability pensions or the appeal agency.
2. The provision of paragraph 1 shall apply accordingly also in the case of the re- establishment of the entitlement to benefits or redetermination of their amounts due to the reinstating of proceedings before appeal agencies or due to a last resort appeal, whereas the month of submission of the application is deemed to the month of submission of the application for reinstating the proceedings or for the last resort appeal.
Article 134. 1. The payment of benefits is suspended if:
1) there are circumstances justifying the suspension of the entitlement to benefits or cessation of that entitlement;
2) the person collecting the benefits, despite the instruction or demand submitted by the body for old-age and disability pensions, fails to present evidence confirming further existence of the entitlement to benefits;
3) the person entitled to benefits fails to undergo a medical or psychological examination without justified reasons, despite being called to do so by the body for old-age and disability pensions;
4) it turns out that the entitlement to benefits has never existed; 5) benefits may not be delivered for reasons independent of the body for old-age and disability pensions.
2. The payment of benefits stops from the month:
1) falling after the month in which the entitlement to the benefit determined as a result of periodic incapacity for work ceased to be in force; 2) in which the decision on stopping the payment in cases mentioned in paragraph 1 subparagraphs 1-4 was issued, or from the following month if the prior stopping of the payment was not possible;
3) for which the benefit which has remained undelivered in cases mentioned in paragraph 1 subparagraph 5 was payable.
3. The provision of paragraph 2 subparagraph 2 shall apply accordingly if there are circumstances justifying the reduction of the amount of benefits.
4. The decision on stopping the payment of benefits is not issued in cases specified in Article 102 paragraph 1 and paragraph 2 subparagraphs 1 and 3.
Article 135. 1. In the case of cessation of the reason for suspension of the payment of benefit, the payment is restarted from the month of cessation of that reason, no earlier however than from the month in which the application for restarting the payment was issued, or the official decision on restarting the payment was issued, having regard to paragraph 2.
2. In cases specified in Article 134 paragraph 1 subparagraph 5, the payment of the benefit is restarted from the month in which it was stopped, however for a period no longer than 3 years immediately preceding the month in which the application for restarting the payment was submitted.
3. If the payment of benefits was stopped due to an error made by the body for old-age and disability pensions, the payment is restarted from the month in which it was stopped, however for a period no longer than 3 years immediately preceding the month in which the application for restarting the payment was submitted or the official decision to restart the payment was issued.
Article 136. 1. In the case of a death of the person who has submitted the application for benefits specified by the Act, the benefit to which he or she was entitled until his or her death is paid to the spouse, children with whom he or she had a common household, and in the absence of such - to the spouse, children with whom that person did not have a common household, and in the absence of such – to other family members entitled to the survivors’ pension or of whom that person was a dependant.
2. Persons mentioned in paragraph 1 are entitled to participate in the further proceedings for benefits which have not been completed due to the death of the person who has applied for those benefits.
3. Any claims for payment of benefits mentioned in paragraph 1 expire 12 months after the death of the person entitled to benefits, unless an application for further proceedings is submitted before the expiry of that period.
Article 137. The minister competent for social security specifies in the form of regulation the detailed principles of payment of benefits.
Chapter 4 Refund of unduly collected benefits, enforcement and deductions from benefits
Article 138. 1. A person who has claimed benefits unduly is obliged to return them.
2. The unduly collected benefits within the meaning of paragraph 1 are considered to be:
1) benefits paid out despite the occurrence of circumstances causing the cessation or suspension of the entitlement to benefits or the stopping of the payment of benefits in their entirety or in part, if the person claiming the benefits was informed about the lack of entitlement to collect those benefits;
2) benefits awarded or paid out on the basis of false testimonies or documents, or in other cases of deliberate deception by the person claiming benefits.
3. The unduly collected benefits within the meaning of paragraph 1 are also benefits paid for reasons independent of the body for old-age and disability pensions to a person other than that indicated in the decision issued by that body.
4. The return of amounts claimed unduly for a period longer than 12 months may not be requested if the person claiming the benefit notified the body for old-age and disability pensions of the circumstances resulting in the cessation or suspension of the entitlement to benefits or stopping the payment of benefits in their entirety or in part, and despite this the benefits were still paid to that person, and in other cases – for a period longer than 3 years, subject to paragraph 5.
5. The amounts of unduly collected benefits due to the generation of income mentioned in Article 104 paragraph 1 are not subject to refunding for a period not longer than 1 calendar year preceding the year in which the decision concerning the settlement of the benefit was issued if the person claiming that benefit notified the body for old-age and disability pensions about the generation of income, and in other cases – for a period not longer than 3 calendar years preceding the year of issuance of that decision.
6. The body for old-age and disability pensions may desist from demanding the return of amounts of unduly collected benefits in their entirety or in part, reduce the amount of deductions determined in accordance with Article 140 paragraph 4 subparagraph 1, or suspend the deductions for a period not longer than 12 months if there are specially justified circumstances.
Article 138a. The bank and the cooperative savings and loan fund shall return to the Social Insurance Institution the amounts of benefits forwarded to the account of that bank or cooperative savings and loan fund for months following the month in which the beneficiary died. The provision of Article 144 paragraph 1 shall apply accordingly.
Article 139. 1. Amounts mentioned below shall be deducted from cash benefits specified in the Act – after deducting the health insurance contribution and the advance for and other amounts due in relation to personal income tax, having regard to Article 141:
1) benefits paid as an advance, and then amounts of benefits subject to settlement on the basis of the procedure specified in Article 98 paragraph 3;
2) amounts of unduly collected old-age and disability pensions, and other benefits from: a) pension and social insurance for the period before the effective date of the Act,
b) social insurance mentioned in the Act on the Social Insurance System, together with interest for default in their repayment,
c) pensions specified in other regulations,
3) amounts enforced on the basis of enforcement orders in order to satisfy the alimony claims;
4) alimony deducted at the motion of the creditor on the basis of the enforcement order presented;
5) amounts enforced on the basis of enforcement titles to cover other claims than alimony benefits;
6) amounts of unduly collected family allowances or nursing allowances and family benefits in the case where there is no possibility of making deductions from family allowances, nursing allowances and family benefits paid, together with interest for default in their repayment;
7) amounts of unduly collected benefits from the alimony fund;
8) allowances from social assistance, if their deduction was reserved for their payment, as well as the permanent or temporary allowance paid pursuant to provisions on social assistance for the period for which old-age or disability pension was awarded;
9) allowances and benefits paid out pursuant to provisions on employment and prevention of unemployment for the period for which the entitlement to old-age or disability pension was awarded;
10) payment for the stay of persons entitled to benefits in social assistance houses, care and treatment institutions or nursing and care institutions – at the request of directors of those institutions.
2. The deduction of the health insurance contribution may not exceed the advance for and other and other amounts due in relation to personal income tax.
3. Deductions of receivables mentioned in paragraph 1 are performed in the order specified in that provision.
4. When making deductions mentioned in paragraph 1 subparagraph 4, overdue alimony for the period indicated in the enforcement order is deducted in the first place provided that the creditor has declared that those amounts have not been paid by the debtor in another way.
Article 140. 1. The deductions mentioned in Article 139 may be made, subject to Article 141, within the following limits:
1) alimony benefits mentioned in Article 139 paragraph 1 subparagraph 3 – up to 60% of the benefit; 2) amounts enforced in relation to:
a) payments for the stay in social assistance houses,
b) payments for the stay in care and treatment institutions,
c) payments for the stay in nursing and care institutions,
up to 50% of the benefit;
3) other amounts enforced – up to 25% of the benefit.
2. If the amounts mentioned in Article 139 paragraph 1 subparagraph 3 are to be deducted for the benefit of several creditors, and the total amount which may be deducted is not sufficient to cover all amounts enforced, the body for old-age and disability pensions remits the amounts deducted after obtaining a decision of the enforcement authority. Until that time, those amounts remain in the Social Insurance Institution’s deposit.
2a. The provisions of paragraphs 2 shall apply accordingly in the case of deduction of amounts mentioned in Article 139 paragraph 1 subparagraph 5.
3. The provision of paragraph 2 shall apply accordingly in the case of concurrence of enforcement of amounts mentioned in Article 139 paragraph 1 subparagraph 3 with the deduction of alimony mentioned in Article 139 paragraph 1 subparagraph 4.
4. The deductions, subject to Article 141, may not exceed:
1) 50% of the monthly benefit - if the amounts mentioned in Article 139 paragraph 1 subparagraphs 1 and 2 and in subparagraphs 6-9 are deducted;
2) 60% of the monthly benefit - if alimony amounts mentioned in Article 139 paragraph 1 subparagraph 4 are deducted;
3) 65% of the monthly benefit - if amounts mentioned in Article 139 paragraph 1 subparagraph 10 are deducted.
5. If the alimony amounts mentioned in Article 139 paragraph 1 subparagraph 4 are to be deducted for the benefit of several creditors, and the total amount to be deducted is not sufficient to cover all the amounts, the deductions are determined on a pro-rata basis in relation to the share of each of those amounts in the total of amounts specified in enforcement titles for current receivables.
6. In the case of concurrence of:
1) deductions of enforced amounts mentioned in Article 139 paragraph 1 subparagraphs 3 and 5, those deductions may not exceed jointly:
a) 60% of the benefit if alimony amounts are deducted,
b) 50% of the benefit if amounts other than alimony are deducted, subject to letter c, c) 25% of the benefit, if only enforced amounts mentioned in Article 140 paragraph 1 subparagraph 3 are deducted;
2) deductions of enforced amounts mentioned in Article 139 paragraph 1 subparagraphs 3 and 5 with deductions of other amounts due mentioned in Article 139 paragraph 1 subparagraphs 1, 2, 4 and 6-9 – the provision of subparagraph 1 letters a and b shall apply accordingly;
3) deductions mentioned in paragraph 4 subparagraph 1 and 2 – the provision of subparagraph 1 letters a and b shall apply accordingly.
6a. In the case of concurrence of deductions mentioned in Article 139 paragraph 1 subparagraph 10 with deductions mentioned in Article 139 paragraph 1 subparagraphs 1-9, those deductions may not exceed jointly 70% of the benefit.
7. The amount of the part of benefit subject to enforcements mentioned in paragraph 1 and the amount of deductions mentioned in paragraph 4, as well as the amount of the part of benefit subject to deductions mentioned in paragraphs 6 and 6a and the percentage amount of deductions, determined on the basis of a court decision, court settlement or notarial deed, for alimony claims, without the indication of the method of their assessment, are determined on the basis of the amount of benefit before the deduction of the monthly withholding for personal income tax and health insurance contribution.
8. The provisions of paragraphs 1-7 shall apply accordingly for the deductions from survivors’ pension to which more than one person is entitled, and the limits for deductions are determined proportionally to the part of the pension subject to those deductions.
Article 141. 1. Old-age and disability pensions are free of enforcement and deductions, subject to paragraph 2, in the part corresponding to:
1) 50% of the amount of the lowest old-age or disability pension – depending on the type of benefit claimed by the pensioner – in the case of deduction of:
a) amounts mentioned in Article 139 paragraph 1 subparagraph 3, together with the enforcement costs and charges,
b) amounts mentioned in Article 139 paragraph 1 subparagraph 4,
c) amounts mentioned in Article 139 paragraph 1 subparagraph 5, together with the enforcement costs and charges;
2) 60% of the amount of the lowest old-age or disability pension – in the case of deduction of amounts mentioned in Article 139 paragraph 1 subparagraphs 1 and 2 and 6-9;
3) 20% of the lowest old-age or disability pension – in the case of deduction of amounts mentioned in Article 139 paragraph 1 subparagraph 10.
2. Amounts of old-age and disability pensions allocated allowing for periods of insurance abroad, free of deductions and enforcement, are determined proportionally to the benefit paid out.
3. Amounts free of deductions and enforcement are determined for old-age and disability pensions together with all increases, raises, supplements and other benefits paid together with the old-age or disability pension pursuant to separate provisions, excluding family benefits as well as full orphan’s supplement and nursing supplement.
4. In the case of the convergence of entitlements to two or more cash benefits, the amount free of enforcement and deductions is determined for one – higher benefit.
Article 142. To the extent unregulated in Articles 139-141, the provisions of the Civil Procedure Code or provisions on enforcement proceedings in administration shall apply to the enforcement from cash benefits.
Article 143. In the case of awarding or increasing benefits for a past period, the body for old- age and disability pensions has the right to deduct, in order to satisfy the claims mentioned in Article 139 paragraph 1 subparagraphs 1 and 2, 4 and 6-10, a compensation amount due to be paid until the month preceding the month in which a decision establishing the entitlement to benefits or a decision establishing the entitlement to benefits in increased amount was issued.
Article 143a. In the case of any deductions from amounts due for payment for the stay of persons entitled to benefits in institutions mentioned in Article 139 paragraph 1 subparagraph 10, receivables from that title remitted for the period after the date of death of the beneficiary are subject to refund by the institution or a body superior to that institution. The provision of Article 134 paragraph 1 subparagraph 3 shall apply accordingly.
Article 144. 1. Amounts of unduly collected benefits mentioned in Article 138 paragraphs 2 and 3 are subject to enforcement from persons who are not entitled to collect benefits specified in the Act based on the procedure contained in provisions on enforcement proceedings in administration, pursuant to a valid decision of the body for old-age and disability pensions.
2. The provision of paragraph 1 shall apply accordingly to persons receiving the payment of benefit decreased as a result of generation of income specified in Article 104 paragraph 1 by that person, if the unduly collected benefits mentioned in paragraph 1 cannot be deducted, on the basis of principles specified in the Act.
Section X Amending, transitory and final provisions
Chapter 1 Changes in provisions currently in force
Article 145-172. - omitted (text in an announcement)
Chapter 2 Transitory provisions
Article 173. 1. For insured persons born after 31 December 1948, who before the effective date of the Act paid social insurance contributions or for whom the contributions were paid by payers, the initial capital is determined. 1a. The initial capital is also determined for professional soldiers released from service and functionaries of the Police, Office of State Protection, Internal Security Agency, Intelligence Agency, Border Guards, Government Security Bureau, State Fire Protection Services, and Prison Guards, born after 31 December 1948, if before 1 January 1999 they were in service and they do not have an established entitlement to benefits specified in provisions on pension entitlement of those persons.
2. The initial capital constitutes the equivalent of the amount calculated in accordance of principles specified in Article 174 multiplied by life expectancy expressed in months, determined in accordance with Article 26 paragraph 3 for persons at the age of 62.
3. The value of initial capital is determined as of the effective date of the Act.
4. The first adjustment of the initial capital is performed on 1 June 2000 by multiplying that capital by the average wage growth index of 1999, decreased by contributions to old-age pension, disability pension and sickness insurance assessed and deducted from the insured person, in relation to the average wage for 1998
5. The second adjustment conducted from 1 June 2001 is performed on the basis of principles specified in Article 25 paragraphs 3-5, 9 and 10, and in Article 25a.
5a. The third adjustment conducted from 1 June 2002 and subsequent adjustments are performed on the basis of principles specified in Article 25 paragraphs 3-8 and 10, and in Article 25a.
6. The initial capital is recorded in the insured person’s account. 6a. The initial capital may not decrease as a result of the adjustment conducted.
Article 174. 1. The initial capital is determined on the basis of principles specified in Article 53, having regard to paragraphs 2-12.
2. For the determination of the initial capital, the following periods completed before the effective date of the Act are taken into account:
1) contributory periods mentioned in Article 6,
2) non-contributory periods mentioned in Article 7 subparagraph 5,
3) non-contributory periods mentioned in Article 7 subparagraphs 1-4 and 6-12, to the extent not exceeding that specified in Article 5 paragraph 2.
3. The assessment base of the initial capital is determined on the basis of principles specified in Articles 15, 16, 17 paragraphs 1 and 3, and Article 18, however the period of the subsequent 10 calendar years is determined from the period from 1 January 1980 until 31 December 1998
3a. The provision of Article 17 paragraph 1 shall apply accordingly if the assessment base of the initial capital cannot be determined in accordance with Article 15 paragraph 1 for the insured person born before 31 December 1968 due to university education mentioned in Article 7 subparagraph 9. 4. The pension assessment base index assumed in the decision on first determination of the entitlement to pension or redetermination of its amount is adopted for the calculation of the initial capital for a person with an established invalidity pension entitlement, at that person’s request. In the case where the pension was awarded before 15 November 1991, the assessment base index determined as a result of the adjustment is adopted for the purpose of determination of the initial capital, unless its amount was determined again after that date.
5. If due to the inability to determine the pension assessment base its amount has been determined in the amount of the lowest pension, the lowest wage binding during the period adopted for the calculation of the pension assessment base is accepted as the assessment base of initial capital.
6. The provisions of paragraphs 5 shall apply accordingly to the determination of the initial capital for persons considered to be repatriates.
7. The base amount of 100% of the average monthly wage in the 2nd calendar quarter of 1998 is adopted for the calculation of the initial capital.
8. In the calculation of the initial capital part of the base amount equalling 24% of that amount is multiplied by a coefficient proportional to the age of the insured person and the contributory and non-contributory periods completed until 31 December 1998. This coefficient is calculated using the following formula:
where:
“p”- is the coefficient; wiek ubezpieczonego – age of the insured person – means the age on 31 December 1998; wiek emerytalny – pensionable age – means 60 for women and 65 for men; staż ubezpieczeniowy – insurance period – means the proven contributory and non- contributory periods, wymagany staż – credited service required – means 20 years for women and 25 years for men; subject to paragraph 12.
9. The credited service of the insured person mentioned in paragraph 8 is stated in full years, however if the insured person has more than 6 months of that credited service over full years, the number is rounded up.
10. The age of the insured person mentioned in paragraph 8 is stated in full years, however if on 31 December 1998 the insured person has more than 6 months above the determined age, full years after rounding up are taken into account. 11. In the case where at the moment of being covered by insurance for the first time the insured person is not 18 yet, in the formula mentioned in paragraph 8 the number 18 is replaced by the actual age at which the insurance obligation was established.
12. The coefficient mentioned in paragraph 8: 1) is rounded up or down to a hundredth of one percent; 2) may not be higher than 100%.
13. The value of the coefficient calculated pursuant to paragraph 8, depending on the gender, age of the insured person and the number of years of insurance on 31 December 1998, is presented in the table constituting an appendix to the Act.
Article 175. 1. Insured persons and contribution payers are obliged to provide the Social Insurance Institution, on dates and based on the procedure determined by the body for old- age and disability pensions, documentation allowing the determination of initial capital no later than until 31 December 2006 The provisions of Article 115 paragraphs 1-3, Article 116 paragraph 5, Articles 117, 121, 122 paragraph 1, Articles 123, 124 and 125 shall apply accordingly.
1a. The contribution payers are obliged to complete documentation allowing the determination of the initial capital for insured persons for whom they submit personal monthly reports to the Institution, and then submit that documentation at the request of the body for old-age and disability pensions and within the date specified by that body.
2. For persons who are not insured the initial capital is determined at their documented application.
3. The determination of initial capital takes place in the form of a decision of the body for old- age and disability pensions. The body for old-age and disability pensions issues a decision concerning the initial capital by 31 December 2006. The person concerned is entitled to an appeal against the decision of the body for old-age and disability pensions as provided for in separate provisions.
4. The redetermination of the amount of initial capital takes place in circumstances specified in Article 114.
5. The minister competent for social security shall specify by regulation the detailed principles of cooperation of the Institution with the insured persons and contribution payers with regard to the determination of the initial capital.
Article 176. The assessment base for old-age and disability pensions in 1999 is the average assessment base, determined on the basis of the method specified in Article 15 paragraphs 4 and 5, of the social insurance contribution during the period of subsequent 10 calendar years selected by the person concerned from the last 19 calendar years directly preceding the year in which the application for the old-age or disability pension or the application for redetermination of the amount of those benefits was submitted.
Article 177. On the effective date of the Act the base amount constitutes 100% of the average monthly wage in the 2nd calendar quarter of 1998 and amounts to PLN 1,220.89. Article 178. During the period from 1 January 1999 to 31 May 1999, the contribution for old- age pension, disability pension and sickness insurance paid by the insured person is not included in the income mentioned in Article 104 paragraph 8.
Article 179. From 1 January 1999 the old-age and disability pensions awarded on the basis of remuneration received before that date pursuant to the provisions of pension entitlement of persons mentioned in Article 1 paragraph 2 are subject to additional adjustment using the 104.3% index.
Article 180. 1. Persons who on the effective date of the Act are entitled to an old-age pension, invalidity pension and survivors’ pension pursuant to:
1) provisions mentioned in Article 195,
2) Article 19a of the Act of 24 May 1990 on Amendment of Certain Provisions on Pension Entitlement (Journal of Laws No. 36, item 206, No. 66, item 390 and No. 92, item 540),
3) the Act of 14 December 1990 on Adjustment of Old-Age and Disability Pensions for Persons Who Are 80 or Over and on Amendment of Certain Provisions on Pension Entitlement (Journal of Laws No. 92, item 540)
- retain the entitlement to those benefits in their amounts determined before the effective date of the Act, subject to paragraphs 2-5 and having regard to paragraphs 6-9.
2. The amount of benefits for persons mentioned in paragraph 1 subparagraphs 1 and 3 who submit an application for an increase specified in Article 56 is calculated by adding that increase to the amount of benefit to which they are entitled. The amount of old-age or disability pension together with those increases may not exceed 100% of the assessment base. The provisions of Article 73 paragraphs 3 and 4 shall apply accordingly.
3. If the person mentioned in paragraph 2 is entitled to an old-age or disability pension in the amount of the lowest benefit, the increase mentioned in Article 56 is added before raising the benefit to the lowest amount.
4. The provisions of Articles 74 and 131 shall apply accordingly to the determination of the amount and to the payment of survivors’ pensions to which persons are entitled on the effective date of the Act.
5. Benefits mentioned in paragraphs 1 and 2 are paid from the Fund, however the costs of those benefits – in the part corresponding to the contributory part of the farmers’ old-age or disability pension, increase for the payment of contributions to farmers’ social insurance for the entire proven period of work on a farm, including the period taking place earlier than 25 years before the determination of the entitlement to the old-age or disability pension and the raise to the amount of the lowest old-age or disability pension – are subject to appropriate refund from the pension fund specified in the provisions on farmers’ social insurance.
6. Old-age and disability pensions mentioned in paragraph 1 are subject to adjustments on the basis of principles specified in the Act.
7. In the case of submission of an application for redetermination of the amount of benefit: 1) by adding contributory or non-contributory periods which previously have not been included in the benefit assessment base, Articles 112 and 113 shall apply;
2) by changing the period from which the contribution assessment base is adopted as the benefit assessment base, Article 110 or Article 111 shall apply accordingly.
8. The provisions of Article 51 or Article 52 shall apply accordingly to the determination of the amount of benefits for persons mentioned in paragraph 1 subparagraph 1 who have applied for use of mining work multipliers.
9. In the case where an old-age pension has been awarded to a person who had previously had an established invalidity pension entitlement, all periods included in the decision on the awarding of the invalidity pension or on redetermination of its amount shall be taken into account.
Article 181. The entitlement to a miner’s survivors’ pension determined pursuant to the provisions of the Act mentioned in Article 195 subparagraph 6 is retained by a widow who has remarried before the effective date of this Act if:
1) she is raising at least one of the children, grandchildren or siblings entitled to the survivors’ pension after her deceased husband;
2) after the effective date of this Act turns 50 or becomes incapable of work, if she is not raising at least one of the children, grandchildren or siblings entitled to the survivors’ pension after her deceased husband.
Article 182. Insured persons born after 31 December 1948, to whom Articles 46-50 do not apply, submit applications for pension directly in the body for old-age and disability pensions.
Article 183. 1. The pension awarded upon the motion of the insured person born after 31 December 1948, with the exception of insured persons who have claimed their pension pursuant to provisions of Articles 46 or 50, provided that person was not a member of an open-end pension fund, submitted in the calendar year 2009, amounts to
1) 80% of the pension calculated on the basis of Article 53, and 2) 20% of the pension calculated on the basis of Article 26.
2. The pension awarded upon the motion of the insured person mentioned in paragraph 1, submitted in the calendar year 2010, amounts to
1) 70% of the pension calculated on the basis of Article 53, and 2) 30% of the pension calculated on the basis of Article 26.
3. Pension awarded upon the motion of the insured person mentioned in paragraph 1, submitted in the calendar year 2011, amounts to
1) 55% of pension calculated on the basis of Article 53 and 2) 45% of pension calculated on the basis of Article 26. 4. The pension awarded upon the motion of the insured person mentioned in paragraph 1, submitted in the calendar year 2012, amounts to
1) 35% of the pension calculated on the basis of Article 53, and 2) 65% of the pension calculated on the basis of Article 26.
5. The pension awarded upon the motion of the insured person mentioned in paragraph 1, submitted in the calendar year 2013, amounts to
1) 20% of the pension calculated on the basis of Article 53, and 2) 80% of the pension calculated on the basis of Article 26.
6. For the redetermination of the amount of pension mentioned in paragraphs 1-5 as a result of being subject to old-age and disability pension insurance after the date of awarding the old-age pension, Article 108 shall apply.
Article 184. 1. Insured persons born after 31 December 1948 are entitled to a pension after reaching the age provided for in Articles 32-34, 39 and 40, if on the effective date of the Act they have completed:
1) the period of employment in special conditions or in special character required in existing provisions for the acquisition of the entitlement to an old-age pension at an age under 60 - for women, and 65 - for men, and
2) contributory and non-contributory periods mentioned in Article 27.
2. The pension mentioned in paragraph 1 shall be awarded provided that the person concerned does not accede to an open-end pension fund and termination of the employment relationship – in the case of an insured person who is an employee.
Article 185. 1. For the determination of the amount of the old-age pension for persons acquiring the entitlement to an old-age pension at the age specified in Article 184, the initial capital shall be recalculated by adding the period equal to the difference between the pensionable age mentioned in Article and the actual age of retirement to the contributory periods. The provisions of Article 173 paragraphs 3-6 shall apply to the recalculated initial capital.
2. Contributory periods mentioned in paragraph 1 are determined with the accuracy of one month.
Article 186. 1. Applications submitted by the persons mentioned below are subject to consideration pursuant to the Act:
1) persons who have not fulfilled the conditions required for the acquisition of the entitlement to an old-age or disability pension pursuant to the existing provisions if those persons fulfil the conditions for acquiring benefits pursuant to the Act;
2) persons who submitted new evidence affecting the entitlement to benefits or their amounts.
2. The provisions of the Act shall apply to applications for benefits submitted: 1) starting from the effective date of the Act;
2) before the effective date of the Act if even one of the conditions for acquiring the entitlement to the benefit has been fulfilled, starting from that date.
3. The provisions of Acts and the Decree mentioned in Article 195, concerning the acquisition of the entitlement to an old-age pension apply to applications of persons born before 1 January 1949 who until the effective date of the Act did not submit an application for a pension despite having fulfilled the conditions for acquiring the entitlement to that benefit, unless the provisions of the Act are more favourable for those persons.
4. The entitlement to an old-age pension specified in Article 28 paragraph 3 of the Act mentioned in Article 166, in the wording in force until the effective date of this Act, is retained by a Deputy to Sejm or Senator who until 31 December 1997 fulfilled the conditions required for awarding that pension.
Article 187. Decisions concerning incapacity for work of persons with an established entitlement to a pension pursuant to provisions in force on 31 August 1997, in cases where those persons have appointments for medical checkups to verify the degree of their incapacity for work, are made on the basis of the provisions of Articles 12-14.
Article 188. The deductions for overdue social insurance contributions of an insured person who is at the same time the contribution payer, for the period preceding the acquisition of the entitlement to an old-age pension, an invalidity pension or a survivors’ pension claimed after that insured persons, established before the effective date of the Act, are performed on the basis of principles specified in the Act for benefits paid out in the advance amount.
Article 189. Until the external convertibility of the zloty is introduced, benefits remitted abroad pursuant to international agreements are translated from zlotys into a foreign (convertible) currency according to the exchange rate of that currency binding on the date of translation conducted by the body for old-age and disability pensions.
Article 190. 1. Family members of an old-age or disability pensioner serving a prison sentence on the basis of a court sentence, to whom benefits to which the pensioner was entitled were paid in their entirety or in part, are considered to be persons mentioned in Article 130 paragraph 3 subparagraph 2 from the effective date of the Act, without the need for their indication by the person entitled to benefits.
2. Those persons receive benefits specified by the Act after a prior instruction on circumstances mentioned in Article 138 paragraph 2 subparagraph 1.
3. In the case where an acquitting decision or a decision discontinuing proceedings is issued, the old-age or disability pensioner receives, for the entire period of imprisonment before the effective date of the Act, the part of the benefit which was suspended pursuant to Article 85 paragraphs 1 or 4 of the Act mentioned in Article 195 subparagraph 5.
Article 191. 1. The redetermination of the amount of benefit, allowing for new contributory periods mentioned in Article 6 paragraph 2 subparagraph 8, takes place upon the application of the person concerned, however benefits in increased amounts are paid out starting from the month in which that application was submitted, but no earlier than from the effective date of the act. 2. In place of provisions of Articles 103-106, the provisions of Articles 24 and 25 of the Act mentioned in Article 195 subparagraph 9 shall apply to old-age and disability pensions subject to suspension or reduction in relation to the generation of income in 1998.
3. The provisions of Articles 139-141, 143 and 144 apply to deductions and enforcement from cash benefits specified in the Act, performed pursuant to existing provisions starting from the effective date of the Act.
Article 192. Each time the provisions make a reference to provisions on pension entitlement of workers and their families and on adjustment of old-age and disability pensions, on principles of determination of old-age and disability pensions and on amendment to certain Acts, this should be understood as the reference to provisions on old-age and disability pensions from the social insurance fund.
Article 193. 1. The sickness allowance the entitlement to which specified in provisions mentioned in Articles 147, 149, 154, Article 195 subparagraphs 2 and 3 was established before the effective date of the Act is paid out in the amount and on the basis of principles specified in existing provisions for the entire period of uninterrupted incapacity for work due to an illness.
2. The provision of paragraph 1 shall apply to the compensatory allowance, maternity allowance, child-minding allowance and rehabilitation benefit.
3. The amount of the rehabilitation benefit awarded after the conclusion of claiming the sickness allowance established in accordance with the existing provisions is determined allowing for the assessment base of sickness allowance established in accordance with the existing provisions.
Article 194. Until the issuance of executive provisions provided for in the Act, executive provisions issued pursuant to the Acts and the Decree mentioned in Article 195 remain in force provided they are not contrary to the provisions of this Act.
Article 194a. 1. Old-age and disability pensions to which a person is entitled pursuant to the Act, which have been calculated on the basis of the base amount constituting no less than 100% of the average wage, are subject to recalculation.
2. The recalculation of invalidity pensions consists on calculating the benefit again on the base amount specified in paragraphs 4 and 5.
3. The recalculation of the survivors’ pension consists in its repeated calculation as an appropriate percentage of the benefit which would have been paid to the deceased person, recalculated in accordance with paragraph 2.
4. For benefits the entitlement to which is vested in old-age and disability pensioners born before 1 January 1930 the base amount is increased to:
1) 96.5% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2005;
2) 100% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2006. 5. For benefits the entitlement to which is vested in old-age and disability pensioners born after 31 December 1929 the base amount is increased to:
1) 94.5% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2007;
2) 96% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2008;
3) 98% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2009;
4) 100% of the average wage adopted for the determination of the amount of benefit on the date of awarding it - from 1 March 2010
6. The recalculated old-age and disability pension is subject to an increase under adjustments taking place until the date from which the entitlement to the benefit in the recalculated amount is payable, and if the payments have been stopped – allowing for adjustments taking place during the period until the payments are restarted.
7. Old-age and disability pensions are recalculated ex officio, and if the payment of benefit is stopped – after it is restarted.
Article 194b. 1. Persons claiming benefits determined in the amount no higher than the amount of the lowest old-age or disability pension are entitled to a one-off payment in the following amount: 1) PLN 100 – for persons claiming an old-age pension, a full invalidity pension, or survivors’ pension, 2) PLN 75 – for persons claiming a partial invalidity pension. 2. The payment is made in March 2005 and in March 2006. 3. The person concerned is not entitled to the one-off payment in the calendar year in which the adjustment of old-age and disability pensions was conducted. 4. The one-off payment is financed from the State budget funds.
Chapter 3 Final and derogating provisions
Article 195. The following provisions become invalid:
1) Article 2 subparagraph 1 letters a) and e), Article 3, Article 4 paragraph 1 subparagraph 3 and paragraph 6, Article 6 subparagraph 1, Article 7 paragraph 1, paragraph 2 subparagraph 3, and paragraph 3, Article 9, Article 10, Article 11, Article 12, Article 13, Article 17, Article 18, Article 19 subparagraph 1 and Article 20 of the Act of 27 September 1973 on Pension Entitlement of Authors and Their Families (Journal of Laws of 1983 No. 31, item 145, of 1986 No. 42, item 202, of 1989 No. 35, item 190, of 1990 No. 36, item 206, of 1995 No. 4, item 17, of 1996 No. 100, item 461, of 1997 No. 28, item 153, and of 1998 No. 137, item 887);
2) Article 6 paragraph 1 subparagraphs 4 and 7, paragraph 2 subparagraph 3, Articles 15-18, Article 24, Article 33 paragraphs 1-3 and Article 41 of the Act of 19 December 1975 on Social Insurance of Persons Performing Work on the Basis of the Agency Contract or Contract of Mandate (Journal of Laws of 1995 No. 65, item 333 and No. 128, item 617, of 1996 No. 100, item 461, of 1997 No. 28, item 153, and of 1998 No. 137, item 887);
3) Articles 1, 2, 3 subparagraphs 3, 5 and 9, paragraph 2 subparagraph 3 and paragraph 3, Articles 13-16, Articles 18-20, Article 22, Article 25, Article 26, Article 28 of the Decree of 4 March 1976 on social insurance of members of agricultural production cooperatives and cooperatives of farming groups and their families (Journal of Laws of 1983 No. 27, item 135, of 1989 No. 35, item 190, of 1990 No. 36, item 206, of 1995 No. 4, item 17, of 1996 No. 100, item 461, and of 1997 No. 28, item 153);
4) Article 5 subparagraphs 4 and 7, Article 9, Article 11 paragraph 1 subparagraph 3 and paragraph 2, Article 12, Article 15 paragraphs 2 and 3, Article 16, Article 17, Article 21, Article 29, Article 31 of the Act of 18 December 1976 on Social Insurance of Persons Conducting Business Activities and their Families (Journal of Laws of 1989 No. 46, item 250, of 1990 No. 36, item 206, of 1991 No. 104, item 450 and No. 110, item 474, of 1995 No. 4, item 17, of 1996 No. 100, item 461 and No. 124, item 585, of 1997 No. 28, item 153, and of 1998 No. 106, item 668 and No. 137, item 887);
5) the Act of 14 December 1982 on Pension Entitlement of Workers and their Families (Journal of Laws No. 40, item 267, of 1984 No. 52, item 268 and 270, of 1986 No. 1, item 1, z 1989 No. 35, item 190 and 192, of 1990 No. 10, item 58 and 61, No. 36, item 206, No. 66, item 390 and No. 87, item 506, of 1991 No. 7, item 24, No. 80, item 350 and No. 94, item 422, of 1992 No. 21, item 84 and No. 64, item 321, of 1994 No. 74, item 339 and No. 108, item 516, of 1995 No. 4, item 17, of 1996 No. 100, item 461, No. 136, item 636 and No. 147, item 687, of 1997 No. 93, item 569 and No. 111, item 725, and of 1998 No. 106, item 668 and No. 117, item 756);
6) the Act of 1 February 1983 on Pension Entitlement of Miners and their Families (Journal of Laws of 1995 No. 30, item 154, of 1997 No. 28, item 153, and of 1998 No. 74, item 473);
7) the Act of 28 April 1983 on Pension Entitlement of Railway Workers and their Families (Journal of Laws No. 23, item 99, of 1985 No. 20, item 85, of 1990 No. 36, item 206, of 1997 No. 43, item 272, and of 1998 No. 66, item 431);
8) Article 7 paragraph 1 subparagraph 4 and 7, paragraph 2 subparagraph 3, Article 11, Article 12 subparagraph 3, Articles 17, 21, 22, 24, 25, 33, 34, 36 and 37 of the Act of 17 May 1989 on Social Insurance of the Clergy (Journal of Laws No. 29, item 156, of 1990 No. 36, item 206, of 1991 No. 104, item 450, of 1995 No. 4, item 17, of 1996 No. 100, item 461, of 1997 No. 28, item 153, and of 1998 No. 137, item 887);
9) the Act of 7 October 1991 on the Adjustment of Old-Age and Disability Pensions, on Principles of Determination of Old-Age and Disability Pensions and on Amendment to Certain Other Acts (Journal of Laws No. 104, item 450, of 1992 No. 21, item 84, of 1993 No. 127, item 583 and No. 129, item 602, of 1994 No. 84, item 385, of 1995 No. 4, item 17, No. 95, item 473 and No. 138, item 681, of 1996 No. 87, item 395, No. 100, item 461, No. 136, item 636 and No. 147, item 687, of 1997 No. 30, item 164, No. 106, item 676, No. 111, item 725 and No. 141, item 943, and of 1998 No. 55, item 351);
10) Articles 2-4 of the Act of 30 June 1994 on Amendment to the Act on Pension Entitlement of Miners and their Families and on Amendment to Certain Other Acts (Journal of Laws No. 84, item 385 and of 1997 No. 30, item 164); 11) the Act of 25 October 1996 on Adjustment of Old-age and Disability Pensions and on Amendment to Certain Other Acts (Journal of Laws No. 136, item 636).
Article 196. The Act comes into effect as of 1 January 1999, whereas Article 182 comes into effect as of 1 January 2004.
APPENDIX Appendix to the Act of 17 December 1998
Men In order to obtain full base amount credited age service Part of the social element amounting to 24% of the base amount, allocated in the initial capital: 25 65
Credited service Age Women In order to obtain full base amount credited age service Part of the social element amounting to 24% of the base amount, allocated in the initial capital: 20 60
Credited service Age