Key Benefits:
ACT
of 19 December 2008
o retire retires
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act shall specify:
1) the conditions for the acquisition and loss of the right to pensions and compensation by certain workers performing the work in specific conditions or of a specific nature, hereinafter referred to as "bridging pensions" referred to in art. 24 ust. 2 and 3 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, 1948, 2036 and 2260 and from 2017 items 2 and 38), hereinafter referred to as the "FUS Pensions Act";
(2) the types of work under specific conditions and work of a specific nature, the exercise of which shall be entitled to a bridging pension;
3) the rules of conduct on the matters of bridging pensions;
4) the organisation and rules of operation of the Bridging Pensions Fund;
5) the rules and mode of payment of contributions to the Staging Pension Fund and the rules on the financing of bridging pensions and compensation;
6) the obligations of the Social Insurance Institution and the contributors of contributions in the creation and keeping of a central register and a list of work posts in specific conditions or of a specific nature and of the central register and the records of employees performing the work in specific conditions or of a specific nature.
2. The payment of the bridging pensions is guaranteed by the state.
Article 2. [ Definitions] The terms used in the Act shall mean:
1) the pension authority-the business unit of the Social Insurance Institution, competent to issue the decision on benefits matters, as defined in the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, as late. zm.);
2) the payer of contributions-the employer referred to in art. 4 point 2 (b) and the Act of 13 October 1998. the social security scheme, and the insured person referred to in Article 4 point 2 (b) d of the Act of 13 October 1998. the social security scheme;
3) an employee-the insured person referred to in art. 6 para. 1 point 1 and art. 8 ust. 1, 2a and paragraph 6 point 2 of the Act of 13 October 1998. o system of social security which is subject to occupational pension insurance under specific conditions or of a specific nature, as well as an insured person who, before the date of entry into force of the Act on such work, was subject to social insurance or pension provision;
4) entitled-a person with a fixed right to a bridging pension;
5) compensation-compensation for the loss of the possibility of acquiring the right to early retirement from work in specific conditions or of a specific nature for those who will not be entitled to a bridging pension.
Article 3. [ Works in specific conditions and work of specific character] 1. Works in special conditions are works related to risk factors, which with age can with high probability result in permanent damage to health, carried out in the particular conditions of the working environment, determined by the forces of nature or technological processes which, despite the application of the measures of technical, organisational and medical prevention, put in front of workers the requirements exceeding the level of their capabilities, limited as a result of the ageing process even before the achievement of the retirement age, to the extent that they make their work difficult to do so the position; the list of works under special conditions is set out in Annex 1 to the Act.
2. The risk factors referred to in paragraph 2. 1, shall be associated with the following types of work:
1. in specific conditions determined by the forces of nature:
(a) works underground,
(b) work on water,
(c) works under water,
(d) work in the air;
2. in specific conditions determined by technological processes:
(a) works under hot microclimate conditions-works performed indoors where the value of the WBGT thermal load index is 28 ° C and above, with a rate of metabolic rate of the worker above 130 W/m 2 ,
(b) cold-climate works-work carried out in rooms with a temperature of less than 0 ° C,
(c) very heavy physical work-work resulting in a change in the working day of an effective energy expenditure in men-more than 8400 kJ, and in women-over 4600 kJ,
(d) work under conditions of high atmospheric pressure,
(e) heavy physical work associated with a very high static load resulting from the need to work in a forced, invariable position of the body; however, heavy physical work is the work resulting in a shift in the working of an efficient energy expenditure In men-over 6300 kJ, and in women-over 4200 kJ, and the work in forced body position is a work requiring a significant tilt and/or a back twist while exerting more than 10 kG for men and 5 kG for women (according to the OWAS method) Category 4 item) by at least 50% of the working shift.
3. Work of a specific nature is work requiring special responsibility and special psychophysical agility, the ability to perform properly in a way that does not endanger public safety, including health or life of others persons, reduced before the age of retirement age due to the deterioration of the psychophysical performance associated with the ageing process; the list of works of specific character sets out Annex No. 2 to the Act.
4. Behind the workers performing the work in particular conditions shall be considered employees performing after the date of entry into force of the Act, full-time work, the work referred to in the paragraph. 1.
5. The workers carrying out the work of a special nature shall be considered to be employees performing after the date of entry into force of the Act, full-time work, the work referred to in the paragraph. 3.
6. For employees performing the work in special conditions are also considered to be insured for the creative or artistic activity of professional dancers, performing after the date of the entry into force of the Act the work associated with a very heavy effort Physical.
(7) Persons carrying out work in specific conditions or of a specific nature shall also be deemed to have performed before the date of entry into force of the Act the work in special conditions or in a specific nature, within the meaning of the Article. 3 para. 1 and 3 of the Act or Art. 32 and Art. 33 of the Act on Pensions and Rents from the FUS.
Chapter 2
Conditions for the acquisition and loss of the right to a bridging pension and compensation
Article 4. [ Conditions for the acquisition of the right to a bridging pension] The right to a bridging pension, taking into account art. 5-12, shall be entitled to a staff member who fulfils the following conditions:
1) was born after 31 December 1948;
2) has a working period in specific conditions or of a specific character of at least 15 years;
3) reached the age of at least 55 years for women and at least 60 years for men;
4) has a period of contributory and non-contributory, determined on the basis of the rules laid down in art. 5-9 and art. 11 of the Act on Pensions and Rents of FUS, of at least 20 years for women and at least 25 years for men;
5. before 1 January 1999. performed work in specific conditions or work in a specific nature, within the meaning of the Article. 3 para. 1 and 3 of the Act or Art. 32 and Art. 33 of the Act on Pensions and Rents of the FUS;
6. after 31 December 2008. performed work in specific conditions or of a specific nature, within the meaning of the Article 3 para. 1 and 3;
(7) a termination of the employment relationship with him.
Article 5. [ Conditions for the acquisition of the right to a pension by an employee operating in the air on aircraft of work under specific conditions] An employee operating in the air on aircraft of work under specific conditions mentioned in paragraph 25 of Annex No 1 to the Act or of a specific nature mentioned in paragraph 1 of Annex No 2 to a law which fulfils the conditions laid down in Article 4 of Annex I to the Act. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 50 years for women and at least 55 years for men;
2) has a period of work in the specific conditions mentioned in point 25 of Annex No. 1 to the Act or a period of work of a specific character mentioned in item 1 of Annex No. 2 to the Act, of at least 15 years;
3) has obtained a judgment of incapacity to perform the work in the specific conditions mentioned in item 25 of Annex No. 1 to the Act or of a specific character mentioned in item 1 of Annex No. 2 to the Act, within the meaning of art. 105-107 of the Act of 3 July 2002. -Air law (Dz. U. of 2016 r. items 605, 904, 1361 and 1948 and of 2017 items 60).
Article 6. [ Conditions for the acquisition of the right to a pension by an employee performing in seaports work under specific conditions] Worker engaged in commercial seaports and ancillary undertakings operating on behalf of those ports, hereinafter referred to as 'seaports', work under specific conditions listed in point 21 of Annex No 1 to the Act, or of a specific one paragraph 12 of Annex No 2 to the Act, which fulfils the conditions laid down in Article 4 (2) of the Regulation. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 55 years;
2) has a period of work in seaports under the specific conditions mentioned in paragraph 21 of Annex No. 1 to the Act or of a specific character mentioned in paragraph 12 of Annex No. 2 to the Act, which is at least 15 years.
Article 7. [ Conditions for the acquisition of the right to a pension by a worker performing in the steel industry under specific conditions] A worker performing in the steel industry under the specific conditions set out in points 4 to 12 of Annex 1 to the Act, which fulfils the conditions laid down in Article 4. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 55 years;
2) has a working period under specific conditions in the metallurgy mentioned in points 4-12 of Annex 1 to the Act, of at least 15 years;
3) the occupational medicine doctor has issued a decision on the incapacity to carry out the work under the specific conditions listed in the section 4-12 of Annex No. 1 to the Act.
Article 8. [ Conditions for the acquisition of the right to a pension by a worker carrying out work under high pressure conditions, the work of marine fishermen and the work involved in processing and disposing of asbestos] A worker carrying out work under the specific conditions set out in points 20, 22 and 32 of Annex No 1 to a law which fulfils the conditions laid down in the Article. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 50 years for women and at least 55 years for men;
2) has a working period in the specific conditions mentioned in paragraphs 20, 22 and 32 of Annex 1 to the Act, which is at least 10 years.
Article 9. [ Conditions for the acquisition of the right to a pension by a worker carrying out the work of a driver of traction vehicles] A worker carrying out the work of train drivers of traction vehicles listed in paragraph 5 of Annex 2 to the Act, which fulfils the conditions laid down in the Article. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 50 years for women and at least 55 years for men;
2) has a period of work as a driver of traction vehicles mentioned in item 5 of Annex No. 2 to the Act, of at least 15 years;
3) the occupational medicine doctor issued a decision on the inability to carry out the work as a driver of traction vehicles.
Article 10. [ Conditions for the acquisition of the right to pension by a member of the professional mountain rescue team] A member of a professional mountain rescue team that meets the conditions laid down in art. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 50 years for women and at least 55 years for men;
2) has a working period as a member of a professional mining rescue team of at least 10 years.
Article 11. [ Conditions for the acquisition of the right to a pension by a worker carrying out mining works] An employee performing mining works referred to in art. 50c of the Act on Pensions and Rents of the FUS, which meets the conditions laid down in art. 4 points 1, 4 to 7, shall be entitled to a bridging pension if:
1) reached the age of at least 55 years for women and at least 60 years for men;
2) has a period of mining work, referred to in art. 50c of the Act on Pensions and Rents with the FUS, of at least 15 years.
Article 12. [ Establishing a period of work in specific conditions or of a specific nature] When determining the period of work under specific conditions or of a specific nature, referred to in Article 4-11, no account shall be taken of the periods of non-performance for which the worker has been paid or received from social security in the event of sickness and maternity.
Article 13. [ Retirement pension and pension as defined in the provisions on pension supplies] 1. Professional Soldiers, Police officers, State Security Office, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Office of Protection The government, the Prison Service and the State Fire Service are acquiring the right to a bridging pension, under the rules laid down in Art. 4 if they do not meet the conditions for the acquisition of the right or have lost the right to a pension specified in the provisions on the pension provision of these persons.
2. In determining the right to a bridging pension, the persons referred to in paragraph 2 1, the periods of service performed by those persons shall be treated as equal to the periods of work in specific conditions or of a specific nature, respectively, in accordance with the provisions of Article 4 (1) of the Regulation 3 para. 4-7.
Article 14. [ Height of the bridging pension] 1. The bridging balance shall be the equivalent of the amount resulting from the calculation of the basis for calculating the pension as determined in accordance with the provisions of Article 4 (1). 25 of the Act on Pensions and Rents of the FUS, by means of continued life expectancy for persons aged 60, established according to the application for the granting of a bridging pension of the average life of life referred to in art. 26 of the Act on Pensions and Rents of the FUS.
2. If the employee is a member of the open pension fund, when determining the basis for the calculation of the pension, the pension insurance contributions, registered on his account in the Social Insurance Institution, hereinafter referred to as "the plant", increases By multiplying an adjustment ratio of 19.52/12, 22, the ratio of the full amount of the pension insurance contribution to the amount recorded on the account of the insured person in the establishment.
3. The amount of the bridging pension shall not be less than the amount of the lowest pension referred to in art. 85 of the Act on Pensions and Rents from the FUS.
4. If, after the date on which the bridging pension is granted, the pension is entitled to the pension insurance, the amount of the bridging pension shall be re-established on the basis of the rules laid down in Article 4. 108 of the Act on Pensions and Rents of the FUS.
5. The bridging of the stage shall be subject to valorisation under the rules and within the time limits laid down for the valorisation of the benefits in Article 88, art. 89 and art. 93 of the Act on Pensions and Rents of the FUS.
Article 15. [ Establishment of the right to a bridging pension] 1. The right to a bridging pension shall arise from the date of fulfilment of the conditions required for the acquisition of this right.
2. In the case of the collection of sickness benefit or rehabilitation benefit, the right to a bridging pension shall arise from the date of cessation of the collection of this benefit or benefit.
Article 16. [ The right to a bridging pension] The right to a bridging pension will be set on the following day:
1) preceding the day of the acquisition of the right to a pension, which is determined by the decision of the pension authority or other pension body, specified in separate provisions;
2) the achievement of an eligible retirement age referred to in art. 24 ust. 1a and 1b of the Act on Pensions and Rents of the FUS, if the entitled does not have the right to a pension determined by a decision of an annuity or other pension authority, specified in separate provisions;
3) the death of the authorized person.
Article 17. [ Suspension of the right to a bridging pension or a reduction thereof] 1. The right to a bridging pension shall be suspended or that pension shall be reduced in accordance with the rules laid down in Article 3. 103 (1) 3 and art. 104-106 of the Act on Pensions and Rents of the FUS.
2. If the total amount of the rightholder has surpassed in a given calendar year the limit of the revenue by amount lower than the amount of the benefits unduly collected, the refund of that amount shall not be effected if the authorized payment is made to the Fund The Bridging Pensions referred to in Article 29, an amount equal to the amount of that overrun, less the amount of the advance payment on the personal income tax. The pension authority shall inform the authorised person of the possibility of preventing the refund of the amount unduly collected in the event of the payment of the indicated payment to the Bridging Pensions Fund and shall set a time limit for payment of the benefit.
(3) If the payment referred to in paragraph 1 has not been made within the prescribed period of time. 2, the pension authority shall recover unduly collected a bridging pension under the rules laid down in the Article. 138-144 of the Act on Pensions and Rents from the FUS.
4. The right to a bridging pension shall be suspended irrespective of the amount of the income received in the event of the work being taken in special conditions or of a specific nature, within the meaning of the Article. 3 para. 1 and 3.
Article 18. [ Survivor's pension and orphans ' allowance for the members of the family of the rightholder] 1. In the case of death of the authorized family members of his family shall be entitled to the survivor's pension and the allowance for orphans complete under the rules laid down in art. 65-74, art. 76, art. 103 (1) 3, art. 104-106 and art. 107a of the Act on Pensions and Rents of the FUS.
2. In the event of the death of the person who has notified the application for the benefits specified by the Act, the benefits payable to her by the day of death shall be paid to the spouse, the children with whom she has run the household, and in the absence of the spouse and children, of which the person did not have a common household and, in the absence thereof, to other members of the family entitled to the survivor's pension or the dependants of which the person remained.
3. The persons mentioned in the mouth. 2 shall have the right to participate in the continued conduct of the proceedings for the benefit not completed by the death of the person who requested the benefits.
4. Claims for the payment of the benefits referred to in paragraph. 2, they shall expire 12 months after the date of death of the person whose benefits have been granted, unless a request for further proceedings has been notified before the expiry of that period.
Article 19. [ Care allowance] For a bridging pension, a nursing allowance shall be granted in accordance with the rules and in the amount specified in the Article. 75 of the Act on Pensions and Rents from the FUS.
Article 20. [ Funeral allowances] The person who covered the cost of the funeral after death:
1) the rightholder,
2) a member of the authorized family
-shall be entitled to a funeral allowance under the conditions laid down in Article 4. 77-81 and Art. 99 of the Act on Pensions and Rents from the FUS.
Chapter 3
Compensation
Article 21. [ Compensation] 1. Compensation shall be entitled to the insured person if he has a working period in specific conditions or in a specific character within the meaning of the provisions of the FUS Pension Act, which shall be at least 15 years.
2. Compensation shall not be granted to a person who has acquired the right to a pension under the provisions of the Act on Pensions and Rents from the FUS.
Article 22. [ Compensation amount] 1. Compensation shall be equal to the amount calculated according to the formula:
R = 64,32 * K * X
where:
R-means the amount of compensation,
K-means the amount calculated according to the rules laid down in the provisions of Article 174 of the Act on Pensions and Rents of the FUS,
X-means the coefficient calculated according to the formula specified in the paragraph. 2.
2. The X factor determining what part of the requirements for early retirement is fulfilled by 31 December 2008. shall be calculated according to the following formula:
1) in the case of women:
2) in the case of men:
where:
So-means premium and non-contributory periods within the meaning of the FUS Pensions Act, which was reached before 1 January 2009,
Sw-means the period of execution before 1 January 2009. work in specific conditions or of a specific character within the meaning of the provisions of the Act on FUS pensions,
Ws-means a reduced retirement age within the meaning of the provisions of the FUS Pensions Act,
W-means the age of the insured person on 31 December 2008. in full years rounded up.
3. If the value of any of the fractions referred to in paragraph. 2, exceed 1, the value is assumed to be 1.
Article 23. [ Determination of compensation] 1. The compensation shall be determined by the application of the insured person.
2. The compensation shall be granted in the form of an appendix to the initial capital referred to in the provisions of art. 173 and art. 174 of the Act on Pensions and Rents from the FUS.
Chapter 4
Rules governing the handling of bridging pensions
Article 24. [ Proceedings on a bridging pension] The proceedings concerning the bridging pension shall be initiated upon the request of the staff member notified directly or through the payer of the contributions to the annuity.
Article 25. [ Decision on the bridging pension] 1. The decision on the bridging pension shall issue and retire this payment:
(1) the competent pension authority due to the place of residence of the worker;
2) appointed by the President of the Board of the annuity in the case of employees:
a) residing outside the borders of the Republic of Poland in the State with which the Republic of Poland brings together an international agreement in the field of social security,
(b) that the periods referred to in Article 4 are taken into account for the determination of the constituent and non-contributory periods. 8 of the Act on Pensions and Rents of the FUS;
3) an annuity authority competent due to the employee's last residence in the Republic of Poland, if the employee resides outside the borders of the Republic of Poland, in the country with which the Republic of Poland does not link the international agreement in the field of social security.
2. From the decision on the bridging pension shall have recourse to the court, on the basis of the rules laid down in Art. 83 of the Act of 13 October 1998. the social security system, hereinafter referred to as the 'Social Security System Act'.
Article 26. [ Payment of the bridging pension] (1) The bridging pension shall be paid for the calendar month within the time limits and on the basis for the payment of the pensions referred to in Article 3. 129, art. 130, art. 132-135, art. 136a par. 2 and Art. 136b of the Act on Pensions and Rents of the FUS.
2. The amount of a bridging pension for an incomplete month shall be determined by dividing the amount of the pension by the number of calendar days in the month and the resulting amount shall be multiplied by the number of calendar days for which the pension is entitled.
Article 27. [ The right to a bridging pension with other powers] In the event of a waiter of the right to a bridging pension with a right to a pension, resting pension, pre-retirement benefit, retirement benefit or other pension benefit, determined on the basis of separate laws, There is only one of these benefits-either higher or selected by the rightholder.
Article 28. [ Application of the Act on Pensions and Rents from the FUS] 1. The provisions of Article 1 shall apply mutatis mutandis to the proceedings in respect of a bridging pension. 114 and Art. 116-128a of the Act on Pensions and Rents of the FUS.
2. In the case of proceedings for the reimbursement of unduly levied retirement pensions, executions and deductions shall be applied respectively by the provisions of art. 138-144 of the Act on Pensions and Rents of the FUS and the provisions of Art. 84 of the Act on Social Security System.
Chapter 5
Organisation and rules of operation of the Bridging Pensions Fund
Article 29. [ The Bridging Pension Fund] 1. The Bridging Pensions Fund, hereinafter referred to as the "FEP", which is a state special-purpose fund set up to finance the bridging pensions, is established.
2. The division of FEP is the Department.
Article 30. [ FEP Revenues] 1. FEP revenues are:
1) from contributions to the FEP;
2) from the state budget grant;
3) from the interest rate of FEP bank accounts;
4) with interest on the late paid contributions to the FEP;
5) from the additional charge referred to in art. 40 par. 2;
6) on the reimbursement of unpaid benefits, including interest;
7. from the vacancy of free FEP funds;
8) from the payment referred to in Art. 17 para. 2;
9) from other titles.
2. The contribution to the FEP shall be included in the FEP's revenue in the month following the month for which the contribution is due.
Article 31. [ Grants from state budget for FEP] 1. Within the limits of the budget law of the FEP, it shall receive grants from the budget of the State.
2. Grants may only be intended to finance the expenditure referred to in Art. 32.
Article 32. [ The purpose of the funds collected in the FEP] 1. From the funds collected in the FEP shall be financed:
(1) the payment of the bridging pensions;
(2) interest for the late payment of the bridging pensions;
3) a copy that is the income of the Department.
2. The amount of the write-off referred to in paragraph Article 1 (3) shall be fixed each year in the Finance Act on the basis of the financial plan of the FEP; a copy shall be deducted in the monthly periods.
3. The benefits referred to in Art. 18-20, are financed from the funds of the Social Insurance Fund referred to in art. 51-56 of the Act on Social Security System.
Article 33. [ The Board Of The Plant] 1. The Management Board of the Plant:
1) draw up the draft annual financial plan of FEP in the mode specified in the regulations concerning the work on the draft state budget and after the opinion of the Supervisory Board of the Company shall be submitted to the Minister responsible for social security matters;
2) draw up an annual report on the implementation of the financial plan of the FEP and after the opinion of the Supervisory Board of the Company shall be submitted to the Minister responsible for social security;
3) draw up the annual financial statements of the FEP and, after an opinion by an auditor who is not an employee of the Company, submit it to the Minister responsible for social security matters.
2. The Management Board of the Plant shall draw up for the FEP a forecast of the proceeds and expenses of the FEP for the next 5 financial years in accordance with the rules referred to in art. 61 (1) 1 and 2 of the Act on Social Security System.
3. The audit of the statutory auditor referred to in paragraph 3. 1 point 3 shall be carried out by the Supervisory Board of the Company.
Article 34. [ FEP Free appropriations] 1. Free funds of the FEP may be loked only on bank deposits, in securities issued by the State Treasury and in units of the money market funds shares referred to in art. 178 of the Act of 27 May 2004. o Investment funds and the management of alternative investment funds (Dz. U. of 2016 r. items 1896, 1948 and 2260), unless the Council of Ministers, at the request of the President of the Plant, allowed the placement of funds in any other way.
2. The rules for the placement of funds of the Social Insurance Fund referred to in Article 4 shall apply as regards the placement of the FEP funds. 56 of the Act on Social Security System.
Chapter 6
Rules and mode of payment of contributions to the Staging Pension Fund and rules on the financing of bridging pensions
Article 35. [ Contributions to FEP] 1. The contributions to the FEP shall be paid for the staff member who fulfils the following conditions:
1) was born after 31 December 1948;
2. carry out the work in specific conditions or of the specific nature referred to in art. 3 para. 1 and 3.
2. The obligation to pay contributions to the FEP for the employee referred to in paragraph. 1, shall arise from the date on which he commenced his work in specific conditions or of a specific nature, and shall cease on the date of the cessation of the performance of the work.
3. The contribution payer is obliged to pay the contributions to the FEP for the worker performing the mining works, who obtained the right to a bridging pension on the basis of art. 11, for the period of execution of mining works referred to in art. 50c of the Act on Pensions and Rents of the FUS, but not earlier than for the period from 1 January 2010.
4. The contributions to the FEP from the salaries of the professional soldiers or officers referred to in Article 4 of the Rules of Association. 13, paid after 31 December 2009. until the date of release from the service, it shall be paid on the basis and in accordance with the procedure laid down in the separate provisions for the contributions to the pension and disability insurance contributions for the soldiers or officers who are exempt from service.
Article 36. [ Premium rate for FEP] 1. The rate of contribution to the FEP shall be 1,5% of the base of the dimension.
2. The basis for the contribution of the contribution to the FEP is the basis for the assessment of the contributions to the pension insurance as defined in Article 3 of the basic Regulation. 18 (1) 1-2 and mouth. 8 and in Article 21 of the Act on Social Security System.
(3) In determining the basis for the contribution of the contribution to the FEP, the limitation referred to in Article 4 shall apply. 19 (1) 1 of the Act on Social Security System.
4. The contribution to the FEP shall be financed entirely by the payer of contributions.
Article 37. [ Calculation, settling and payment of contributions to FEP] 1. The contribution to the FEP shall be calculated, settled and paid monthly by the contributor of contributions.
2. The contribution to the FEP payer of contributions shall be cleared in the clearing declaration referred to in art. 46 (1) 2 of the Act on Social Security System.
3. The contribution to the FEP of the payer of contributions pays off within the time limit laid down in art. 47 of the Act on the Social Insurance System for the payment of social security contributions.
Article 38. [ Forwarding employee information] 1. The contribution payer shall communicate the information on the employee for whom he was obliged to pay the contribution to the FEP, containing the following data:
1) surname and first name,
2) date of birth,
3) the PESEL number, and in case the employee has not been given the PESEL number-the series and the number of the ID card or passport,
4) the period of performance of the work in specific conditions or of a specific nature,
5) the code of work in specific conditions or of a specific character referred to in the provisions of art. 33 of the Act on Social Security System
-hereinafter referred to as 'the declaration of employment in specific conditions or of a specific nature'.
2. The notification of the work data in specific conditions or of a specific nature of the premium payer shall transfer to the Plant by 31 March of a given calendar year for the previous calendar year.
3. In the case of the occurrence of the employee with the application for the grant of a bridging pension, the declaration of the work data in special conditions or of a specific nature in a given calendar year, the contributor of contributions shall be transferred to the Plant within 7 days from the date of application.
4. Where an application for a bridging pension is applied for prior to the submission of the declaration of the employment data in specific conditions or of a specific nature for the previous calendar year, within the time limit referred to in paragraph 1, the staff member shall be entitled to submit the declaration of employment. 3, the premium payer shall also submit a notification to the Company for the previous calendar year.
5. In the event of bankruptcy or liquidation of the payer of the contributions of the declaration of employment data in specific conditions or of a specific nature in a given calendar year the payer transfers to the Plant no later than on the date of transmission of the document Payment of the premium payer.
6. In the event of bankruptcy or liquidation of the payer of contributions before the submission of the declaration of labour data in specific conditions or of a specific nature for the previous calendar year, within the period referred to in paragraph. 3, the premium payer shall also submit to the Company a notification for the previous calendar year.
Article 39. [ Obligation to transmit to the Amending Plant the declaration of the work of the work in specific conditions or of a specific nature] 1. The payment payer shall be obliged to submit to the Amending Plant the declaration of the work data in special conditions or of a specific nature, in the form of a new notification containing all the correct data referred to in art. 38 par. 1, hereinafter referred to as "rectifying the declaration", where there is a need to correct the particulars given in the notification where an irregularity has been found by:
(1) the payer of contributions in his own right;
2) The establishment;
3) the competent authority of the State Labour Inspectorate.
2. The contribution payer shall be obliged to provide a corrective action within 7 days from the date on which the irregularity has been established, or the receipt of a notification of the finding of irregularities by the Department or the competent authority of the State Inspectorate Work.
3. If the necessity of the correction given in the declaration of the work data in specific conditions or of a specific nature is the result of a finding of irregularities by the Plant on the way:
1) the decision-the amending notification should be submitted no later than 7 days after the decision has been legitished;
(2) control-corrective action should be submitted no later than 30 days from the date of receipt of the control protocol.
4. The notification of the work data in specific conditions or of a specific nature and the corrective declaration shall be transmitted in the same form as the payment of the premium payer in respect of the insurance documents referred to in art. 34-36, art. 41, art. 43, art. 44 and Art. 46-48b of the Act on Social Security System.
5. The establishment of the office shall draw up from the office a declaration of data on the work in specific conditions or of a specific nature and corrects the errors found in it, in the absence of possibility of obtaining a declaration or correcting the declaration from the payer of contributions, if has the data to allow this notification to be drawn up.
6. Copies of the declaration of employment data in special conditions or of a specific nature and corrective service of the payer of contributions shall keep for a period of 5 years from the date of their transfer to the Bookmark, in the form of a written document or Electronic.
Article 40. [ Delay in paying contributions to FEP] (1) From unpaid contributions to the FEP, interest shall be due on the payer's payment of the interest on arrears, in accordance with the rules and in the amounts laid down in the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2017 items 201), if their height exceeds 6,60 PLN.
2. In the event of non-payment of the contributions to the FEP or paying them at the depressed amount, the Department may charge the payer an additional fee to the amount of 100% of the unpaid contributions.
3. From the decision on the exchange of the additional fee shall be entitled to the court, in accordance with the rules laid down in Art. 83 of the Act on Social Security System.
4. The contributions to the FEP and the interest on arrears, the cost of the payment and the additional fee, not paid in due time:
1) are subject to download,
2. the statute of limitations,
3) shall be decommitted in whole or in part
-on the basis of the rules laid down in Article 24-28 and art. 31 of the Act on Social Security System.
5. At the request of the debtor, the Department may postpone the due date of the receivables mentioned in paragraph 4 or distribute it into instalments, taking into account the debtor's payment capacity, as well as the state of the FEP's finances, in accordance with the rules laid down in the Article. 29 of the Act on Social Security System.
(6) Non-paid contributions to the FEP shall be repaid in accordance with the rules laid down in the Article. 24 ust. 6a-6e, par. 7 and para. 8d of the Act on Social Security System.
The provisions of Chapters 3 and 4 of the Act on Social Security System, respectively, shall apply in matters not governed by the Act on contributions to the FEP.
Chapter 7
Obligations of the Social Insurance Institution and contributors to the establishment and keeping of a central register and a list of work posts in specific conditions or of a specific nature and of a central register and records of employees carrying out work in specific conditions or of a specific nature
Article 41. [ Obligations Of The Social Security Establishment] 1. The plant shall lead:
1) a central register of work positions on which the work is carried out in specific conditions or of a specific nature;
(2) a central register of workers carrying out work under specific conditions or of a specific nature for which the obligation to pay contributions to the FEP is provided for.
2. The central register of work posts referred to in paragraph 2. 1 point 1, contains:
1) the payment of the premium payer;
2) the number of work posts on which the work is carried out in specific conditions or of a specific character.
3. The central register of workers referred to in paragraph 3. In point 2, the following shall contain:
1) the payment of the premium payer;
(2) the data relating to the employee for whom the obligation to pay contributions to the FEP is provided:
(a) name and surname,
b) date of birth,
(c) the PESEL number,
(d) the series and number of the identity card or passport;
(3) the code of work in specific conditions or of a specific nature;
4) the period of performance of the work in specific conditions or of a specific character.
4. The payment of contributions shall be carried out:
1) a list of the work stations on which the work is carried out in specific conditions or of a specific nature;
(2) the records of staff engaged in the work of specific conditions or of the specific nature for which the obligation to pay contributions to the FEP is provided for, including the data referred to in paragraph 1. 3 point 2.
5. The payment of contributions shall be obliged to notify the staff of the entry in the records referred to in paragraph 1. 4.
6. In the case of non-placement in the records of employees performing the work in specific conditions or of the specific nature for which the obligation to pay contributions to the FEP is provided, the employee shall be entitled to the State Inspectorate Work.
7. Information on the number of posts of work in specific conditions and of a specific nature of the contributor of contributions shall be transferred to the Bookmark in the clearing declaration referred to in art. 46 of the Act on the Social Security System at the time of transmission of this declaration.
8. Information concerning the staff placed in the records referred to in paragraph. In accordance with Article 4 (2), the payer of contributions shall submit to the Company in the declaration of employment data in specific conditions or of a specific nature for the calendar year in question by 31 March of the following calendar year.
Article 42. [ Represented information to the Council of Social Dialogue] 1. The Minister responsible for Social Security shall submit to the Social Dialogue Council by 15 March and by 15 September of each year the following information:
1) about the number of work posts on which the work is carried out in specific conditions or of a specific nature, on the basis of data included in the central job register, on which the work is carried out in specific conditions or o a specific nature;
2) the number of employees performing the work in specific conditions or of the specific nature for which the obligation to pay contributions to the FEP is provided, on the basis of the data contained in the central register of workers performing the works in specific conditions or specific characteristics.
2. The information referred to in paragraph. 1, will be presented for the years 2010-2014.
Chapter 8
Amendments to the provisions in force
Article 43. (bypassed) Article 44. (bypassed) Article 45. (bypassed) Article 46. (bypassed) Article 47. (bypassed) Article 48. (bypassed)
Chapter 9
Transitional provisions, adaptation and final provisions
Article 49. [ The right to a bridging pension] The right to a bridging pension shall also be entitled to a person who:
1. after 31 December 2008. did not perform the work in specific conditions or of a specific nature, within the meaning of the Article. 3 para. 1 and 3;
2. fulfils the conditions laid down in the Article. 4 paragraphs 1 to 5 and 7 and Article 7 5-12;
3) on the day of the entry into force of the Act was required in the provisions referred to in point 2, the period of work in specific conditions or of a specific character, within the meaning of art. 3 para. 1 and 3.
Article 50. [ The first notification of data on work in specific conditions or of a specific nature] 1. The first notification of the work data in specific conditions or of a specific character referred to in art. 38, the payer of contributions transfers in 2010.
2. The notification referred to in the paragraph shall be forwarded. 1, the contributor of contributions shall submit the information listed in the Article. 38 par. 1 of staff members who in 2009 performed work in specific conditions or of a specific nature, including when, in 2010, have not performed this work anymore.
3. The time of transmission of the notification and the information referred to in paragraph 3. 1 and 2, the payer of contributions shall be obliged to issue attestations about the periods of work in specific conditions or of a specific nature, within the meaning of art. 3 para. 1 and 3, after 31 December 2008. Article Recipe 12 shall apply mutatis mutandis.
Article 51. [ Certificates of working periods in specific conditions or of specific character] The payer of contributions shall be obliged to issue attestations about the periods of work in specific conditions or of a specific nature, within the meaning of the art. 3 para. 1 and 3, for periods falling before 1 January 2009. Article Recipe 12 shall apply mutatis mutandis.
Article 52. [ First forecast of FEP's revenue and expenditure] The first forecast of the revenue and expenditure of the Staging Pension Fund for the next 5 financial years referred to in art. 33 (1) 2, the Management Board of the Plant will draw up in 2012.
Article 53. [ Sectoral Strategy] Until 31 December 2014 The Minister responsible for the work will prepare the sectoral strategy under the rules laid down in the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. of 2016 r. items 383, 1250, 1948 and 1954 and from 2017 items 5), concerning the promotion of employment and professional activation of persons carrying out work for at least 15 years in specific conditions or of a specific character which is not entitled to a bridging pension.
Article 54. [ Financing of the payment of the bridging pensions in 2009] 1. In 2009 the payment of the bridging pensions is financed by the Social Insurance Fund referred to in art. 51 of the Act on Social Security System.
2. Measures to finance the bridging pensions referred to in paragraph 2. 1, come from a grant from the state budget.
Article 56. [ Retirement-unification of the term] Whenever there is a separate pension in the legislation, it must also be understood as a bridging pension.
Article 57. [ Entry into force] The Act shall enter into force on 1 January 2009, with the exception of:
1. 29-42, art. 45 points 1 and 3-9 and Article 48, which shall enter into force on 1 January 2010;
2. Article 44, art. 47 and art. 55 par. 1, which shall enter into force after 14 days from the day of the announcement.
Article 57.
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Annex 1. [ LIST OF WORKS UNDER SPECIFIC CONDITIONS]
Annexes to the Act of 19 December 2008.
Annex No 1
LIST OF WORK UNDER SPECIFIC CONDITIONS
| Seq. |
Type of work |
| 1 |
2 |
| 1 |
Works directly on the processing of mechanical coal and metal ores or their enrichment. |
| 2 |
Providing or consumables related to the resumption of rock minerals. |
| 3 |
Works underground directly at the tunnel hollow in the górotworze. |
| 4 |
Works directly on the flooding of foundry moulds, the transport of foundry vessels with liquid, heated material (cast iron, steel, non-ferrous metals and their alloys). |
| 5 |
Work directly at the manual finishing of castings: removal of components of the filler system, shearing, sanding of the casting surface and their hot painting. |
| 6 |
Works directly in the operation of blast furnaces and steelworks or foundry. |
| 7 |
Masonry works in the metallurgical furnaces, foundry furnaces, coke oven batteries and furnaces for the production of ceramics. |
| 8 |
Works directly in the manual compiling of raw materials or manual forming of glass products in the glassworks. |
| 9 |
Works directly at the handcuers in the scenes. |
| 10 |
Works directly with the use of aggregates and equipment for the production of non-ferrous metals. |
| 11 |
Works directly with the operation of rolling mills: preparation, supervision of work of rollers or solids, interference in the accident and clinching of materials. |
| 12 |
Works with the handling of cranes directly for the melting of the pig iron, iron alloys or non-ferrous metals. |
| 13 |
Works directly in the production of coke in coke oven batteries. |
| 14 |
Works directly when pushing coke from coke oven batteries, extinguishing or grazing coke. |
| 15 |
Works directly in the production of formeter or insulating materials used in foundries and metallurgy. |
| 16 |
Works directly at the manual loading or unloading of furnace furnaces of refractory products. |
| 17 |
Works directly at the manual loading or unloading of hot ceramic products. |
| 18 |
Works directly in the formation of large-size refractory products using manual vibratory tools. |
| 19 |
Works by manual moulding, casting, cleaning or glazing of ceramic products. |
| 20 |
The work of the diver or the kesonor, the work in hyperbaric chambers. |
| 21 |
Physical work directly related to transhipment in vessel load. |
| 22 |
The work of marine fishermen. |
| 23 |
Work on seagarship vessels. |
| 24 |
Works on offshore oil rigs. |
| 25 |
Aerial work carried out on aircraft by cabin crew. |
| 26 |
Works directly in the operation of drilling and mining equipment in search of oil or natural gas deposits. |
| 27 |
Works directly with the drilling of drilling in the mining industry: crude oil or natural gas. |
| 28 |
Works directly with arc welding or thermal cut in rooms with very small cubature, with obstructed ventilation (double bottom of vessels, tanks, pipes, etc.). |
| 29 |
Works directly in painting, riveting or assembling elements in rooms with very small cubature with obstructed ventilation (double bottom of ships, tanks, pipes, etc.). |
| 30 |
Works inside tanks, boilers, as well as reservoirs with a very small cubature after hazardous substances. |
| 31 |
Work with manual hot paving of mineral-bituminous mixtures. |
| 32 |
Works directly in the processing of asbestos-containing materials or demolition works associated with their removal. |
| 33 |
Tanning works directly for the treatment of wet skins. |
| 34 |
Work directly with the coarse or hand-blade of the trees with a mobile saw-saw with a chainsaw. |
| 35 |
Indoor work with an air temperature of less than 0 ° C. |
| 36 |
Heavy physical work in underground sewage channels. |
| 37 |
The work of professional dancers associated with a very heavy physical effort. |
| 38 |
Work on the export of solid and liquid impurities and the work on landfills and outbreaks of uncleanness associated with a very heavy physical effort. |
| 39 |
Manual forging in industrial forges and use of mechanical hammers. |
| 40 |
Works in the production of sintered carbides, electrodes, ores and walchants and ferro alloys. |
Annex 2 [ LIST OF SPECIFIC WORK]
Annex No 2
LIST OF WORK OF SPECIFIC CHARACTER
| Seq. |
Type of work |
| 1 |
2 |
| 1 |
Aircraft pilots work (pilot, instructor). |
| 2 |
Work of air traffic controllers. |
| 3 |
The work of air mechanics related to direct support confirming the safety of aircraft on the tarmac. |
| 4 |
Navigators ' work on seagarages and sea pilots. |
| 5 |
The work of the drivers of traction vehicles (the driver of the traction units, the driver of the instructor, the plant driver, the multifunctional driver and the heavy machinery for the railway works and the railway traction network, the driver of the locomotive combustion engine with a capacity of up to 300 hp, a driver of train drivers) and train managers. |
| 6 |
Works directly at the setting of the course of trains and subway vehicles (on-call traffic, charge, manoeuvring, setter, crossover, rolling stock auditor, directly confirming train safety, metro traffic dispatcher, traffic and station duty station) subway). |
| 7 |
The works of the railroad security officers. |
| 8 |
The works of bus drivers, trolleybuses and motorized trams in public transport. |
| 9 |
The work of the drivers of privileged vehicles. |
| 10 |
The work of drivers of vehicles carrying dangerous goods which require the marking of a vehicle with an orange colour warning, in accordance with the provisions of the European Agreement concerning the international carriage of dangerous goods by road (ADR), done in Geneva on 30 September 1957. 1 |
| 11 |
Work of nuclear reactor operators. |
| 12 |
The work of the tower cranes for which the requirements of the category IŻ or equivalent and port levers or shipyards are required. |
| 13 |
Work on the direct control of technological processes that may pose a threat to a major industrial accident with the consequences for public safety. |
| 14 |
Work with the direct control of technical processes that can cause a technical failure with major implications for public safety. |
| 15 |
Works directly in the production of explosives, gunshot agents, pyrotechnic articles and their packaging. |
| 16 |
Works directly in the control of energy or thermal energy blocks. |
| 17 |
The work of the electromonters directly in the removal of failures and the operation of overhead electricity networks under the tense conditions. |
| 18 |
The work of the members of the medical rescue teams. |
| 19 |
Work of members of professional rescue teams (chemical, mountain, sea, otworous mining). |
| 20 |
The work of employees of fire protection units referred to in art. 15 points 1a-5 and 8 of the Act of 24 August 1991. o fire protection 2 , participating directly in the rescue activities. |
| 21 |
The work of teachers, educators and other pedagogical staff employed in youth educational centres, youth centres of sociotherapy, educational and educational centres, juvenile shelters and correctional facilities, in accordance with the provisions of the Act of 26 October 1982. on the proceedings in respect of minors 3 . |
| 22 |
The work of the staff exercising the care of the inhabitants of the homes of social assistance for chronically mentally ill, intellectually disabled children and teenagers or adults, in accordance with the provisions of the Act of 12 March 2004. o Social Assistance 4 . |
| 23 |
The work of the medical staff of psychiatric wards and the treatment of addictions in direct contact with patients, in accordance with the provisions of the Act of 19 August 1994. on the protection of mental health 5 . |
| 24 |
The work of medical staff in the operational teams of surgical disciplines and anaesthesiology in the conditions of acute on-call time. |
|
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1 Dz. U. of 2005 items 1481 and 2007. items 667.
2 Dz. U. of 2016 r. items 191, 298, 904 and 2138 and from 2017 items 60.
3 Dz. U. of 2016 r. items 1654.
4 Dz. U. of 2016 r. items 930, 1583, 1948 and 2174 and from 2017. items 38 and 60.
5 Dz. U. of 2016 r. items 546, 960 and 1245.
