Regulation Of The Minister Of Labour And Social Policy Dated October 11, 2011 On The Treatment Of Pension Scheme

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 11 października 2011 r. w sprawie postępowania o świadczenia emerytalno-rentowe

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On the basis of article. 116 paragraph 1. 5 and art. 128A of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227, as amended. 2)) are managed as follows: § 1. 1. The regulation defines: 1) the scope of the information obligations of the authorities;

2) conditions and the opening of proceedings in matters of benefits;

3) the method of determining the date of filing of the application for the benefit or to determine the amount, if the application has not been lodged within the scheme;

4) evidence to justify the right to benefits and their height, which should be attached to the proposal for the granting of benefits;

5) types of evidence to justify the right to benefits or the amount, in the case where the account of the insured person does not contain these data;

6) the scope of the data that can be proved by the testimony of witnesses or the insurance claims, together with an indication of the form of the statements or claims;

7) the calculation of benefits and the periods to be taken into account in determining benefits;

8) elements, which should include the decision of the scheme and the reasons therefor, as well as the scope of information that should be included in the admonition to this decision;

9) form of the documents and their storage and the duration of storage of documents in electronic form;

10) procedure and the type of evidence necessary to the award by the President of the social insurance benefits by way of exception.

2. Whenever it is mentioned in the regulation: 1) the Act must be understood the law of 17 December 1998 on pensions and pensions from the social insurance fund;

2) benefits, without further specifying – be understood the benefits provided for in the Act;

3) Plant-understood social insurance.

§ 2. Authorities of the scheme shall grant information, including tips and explanations with regard to the conditions and the evidence required to determine benefits.

§ 3. 1. proceedings in matters of benefits shall be initiated on the basis of a proposal from the person concerned, unless the provisions of the Act provide for the initiation of this investigation.

2. the application referred to in paragraph 1. 1, is reported in writing or orally to the Protocol within the scheme: 1) request allowance;

2) request the resumption of the proceedings for the provision by the authority of the scheme;

3) other request on the granted benefits, in particular: a) recalibrate benefit entitlement or its amount, (b)) the exemptions from the circle of persons entitled to a survivor's pension, c) the grant of a supplement to the download services, d) take or resume payment of benefits, e) suspension of the right to benefits, f) payment of benefits to a person resident abroad in the manner set out in this Act or legislation separate.

§ 4. 1. The application referred to in § 3. 2 paragraph 1 shall include: 1) name and surname of the person concerned;

2) date of birth of the person concerned;

3) social security number of the person concerned, and if it has not been given that number-series and number of the identity card or passport;

4) the address of the place of residence and mailing address of the person concerned;

5) the last address of the place of residence of the person concerned – in the case of a person residing abroad, if resident in Poland;

6) the address of the place of stay or the last place of residence of the person concerned-in the case of a person does not have the address of the place of residence;

7) indication of the type of benefit that is seeking interested;

8) an indication of how the payout provision together with the relevant data necessary for its payment;

9) the signature of the person concerned, the agent or a person authorized by the person concerned, referred to in § 7.

2. If the request referred to in § 3. 2, paragraph 1, is associated with the provision of the deceased, the request should also contain the name and surname of the deceased, the deceased's benefits number and an indication of the authority, which has established the right and pay the benefit or to which it is requested the application of the provision, if the deceased was not established benefit entitlement.

3. applications referred to in § 3. 2 paragraph 2 and 3, should contain the data referred to in paragraph 1. 1 paragraphs 1 and 9 and in paragraph 2. 1 paragraph 4 or 6, as well as: 1) an indication of the request to which the application relates;

2) number or case number;

3) an indication of the authority that established the right to provide or pay service.

4. If the proposal does not provide the data or do not include documents that are necessary for its consideration, the scheme calls for the person concerned to supplement the application within a period of not less than 14 days from the date of receipt of the request from the instructions that get stuck these deficiencies will result in a decision to refuse the opening of proceedings.

5. the scheme leaves without recognition application, which does not contain the data referred to in paragraph 1. 1 point 1 or 4 or 6.

6. If the person concerned has not remedied any deficiencies, even though the letter referred to in paragraph 1. 4, the scheme seems like a decision to refuse the opening of proceedings.

§ 5. 1. The application referred to in § 3. 1, may be requested in the form of an electronic document using electronic means of communication by electronic means a podawczą establishment, created in accordance with the regulations issued on the basis of article. 16 paragraph. 3 of the Act of 17 February 2005 on the computerization of the business entities pursuing public tasks (Journal of laws No. 64, item. 565, as amended. 3)).

2. the application submitted in the form of electronic document should be: 1) authenticated using the mechanisms referred to in article 1. 20A para. 1 of the law of 17 February 2005 on the computerization of the business entities pursuing public tasks or mechanisms specified by the Company on the basis of article. 20A para. 2 this Act and 2) electronic document conforming to the model set by the company.

§ 6. 1. where the application has not been lodged within the scheme, but was sent through the trader the holder to pursue the activities at the national or foreign, by the date of submission of the application shall be the date of posting the application through this trader.

2. where the provisions of the Act allow the request via the payer, the date of application shall be the date of preparation of the proposal by the payer. Payer contributions confirms to draw up a proposal for a specific date stamp and signature of the person authorized.

3. If the application is filed by a person serving a penalty involving deprivation of liberty, the penalty of military arrest or detention sentence for a misdemeanor and temporarily detained, the date of filing of the application shall be the date of receipt by the administration of the prison or detention. This date is confirmed seal and signature of the person authorized.

4. the date of filing of the application shall be the date of filing of the application in other bodies than the authority referred to in article 1. 4 paragraph 6 of the law, if their properties are matters of benefits, as well as the date of submission of the application in the Polish consular or other Polish diplomatic.

5. If the application is submitted in a foreign insurance institutions of the State with which the Republic of Poland combines an international agreement in the field of social security, for the filing date of an application shall be the date as the date of submission of the application in accordance with the internal legislation applied by that institution.

6. If in the case referred to in paragraph 1. 5, a foreign insurance institution will forward the request to the authority scheme in electronic form, the request, and other evidence obtained from that institution in electronic form shall be deemed to be equivalent to the original request and the documents required in the proceedings.

§ 7. 1. If the transactions before a scheme interested in or witness, having full legal capacity may not submit a signature, the signature is made up of different authorised by the person, unlimited legal capacity.

2. The person making the signature for the person concerned or a witness shall consist of a statement of the reasons for preventing the signature by the person concerned or a witness, following your identification data: name and surname, date of birth, social security number, and if it has not been given that number-series and number of the identity card or passport, the address of the place of residence and mailing address.

§ 8. 1. If the legal representative or guardian does not report the request for service, application for service can report on behalf of the person concerned who has on it the actual care. In such cases, the authority of the scheme shall be made in the case.

2. the scheme may be considered effective steps that are taken to the person concerned by the person exercising it actual care, if you do not require a personal act of the person concerned.

§ 9. The withdrawal is effective, if in one of the forms provided for the request.

§ 10. 1. the interested party applicant request for retirement or survivor's pension for incapacity for work should I attach to my application documents stating: 1) date of birth;

2) periods to justify entitlement to benefits and the amount;

3) health status, as well as professional interview done by the payer contributions if the insured remains in employment, in the case where a right to benefits is contingent on a finding of incapacity to work;


4) the amount of remuneration, income, revenue and salaries, adopted to determine the calculation basis benefits;

5) the circumstances necessary to establish benefits from foreign insurance institutions, if international agreements to which the Republic of Poland is a party, so provide.

2. the documents referred to in paragraph 1. 1 paragraphs 1, 2 and 4 are not required if the account of the insured person provides data to determine the law and the amount.

3. the documents referred to in paragraph 1. 1, points 1, 2, 4 and 5 are not required if they have been made in the authority of the scheme for the purpose of establishing the initial capital or rights or benefits under the Act or the rules.

§ 11. 1. Spouse (widow, widower) the applicant to be granted a survivor's pension shall attach to the application the documents referred to in § 10 paragraph 1. 1, and the documents stating: 1) the date of birth and date of death of the person, which is to be granted a survivor's pension;

2) marriage;

3) having the right to alimony, determined by judgment or court settlement, on the part of the spouse, which applies for the grant of a survivor's pension, if, at the time of death there was no commonality of marriage.

2. The spouse (widow, widower) should also make a statement: 1) of the existence of the commonality of the marriage;

2) stating the lack of the necessary livelihood-for the purpose of establishing the right to periodic survivor's pension.

3. in the case of divorce or separation of the interested in addition shall submit the documents referred to in paragraph 1. 1 paragraph 3.

§ 12. 1. the application for a survivor's pension for children of their own, children of the other spouse and adopted children should be accompanied by the documents referred to in § 10 paragraph 1. 1 and § 11 para. 1, paragraph 1, and if the children over 16 years old, also documents stating: 1) download science in school;

2) health, if the right to a survivor's pension is conditional on a finding of total incapacity or total incapacity for work and for independent existence.

2. the application for a survivor's pension for adopted on the upbringing and maintenance: grandchildren, siblings and other children applying for the grant of a survivor's pension, in addition to the documents listed in paragraph 2. 1, should be accompanied by a statement or evidence that these persons: 1) were adopted on the upbringing and maintenance of at least one year before the death of the insured or the beneficiary, unless the death was the result of an accident;

2) do not have the right to a survivor's pension from the parents, and when the parents live-may not provide them with maintenance, or the insured person or the person was their guardian as laid down by the Court.

§ 13. Parents applying for a survivor's pension should attach to the application the documents referred to in § 10 paragraph 1. 1 and § 11 para. 1, paragraph 1, and a statement to the effect that the deceased immediately before his death contributed to their maintenance.

§ 14. When applying for a survivor's pension provisions of § 10 paragraph 1. 2 and 3 shall apply mutatis mutandis.

§ 15. The request for care supplement due to total incapacity for work and independent existence should be accompanied by a certificate of the applicant's health care allowance, issued by the treating physician treatment not earlier than one month before the date of submission of the application.

§ 16. The request for grant should be included: 1) a copy of the quick death certificate or a copy of the complete of the child's birth with a note that the child was born dead;

2) bills incurred funeral costs, and if the Bills have been filed in the Bank – copies of accounts, confirmed by the bank to be in conformity with the original;

3) documents proving kinship or affinity of the applicant request the person deceased or a document confirming the placement of a child in a foster family;

4) certificate of payer contributions about the pensions insurance scheme and enforceability;

5) a statement of the cost of the funeral, in whole or in part;

6) statement of niepobraniu the funeral of another title;

7) a document stating the right of the deceased to benefit if this benefit was paid by another authority scheme;

8) about the number of your bank account, if the payment of the allowance is to be made to a bank account.

§ 17. 1. first name (s), surname, date of birth, date of marriage, date of death, the degree of consanguinity and affinity and adoption shall be determined on the basis of the document which establishes the identity or copy of the civil status Act.

2. in the case of sending the proposal for the provision through traders authorized to carry out activities at the national or foreign interested should include the necessary copies of acts of civil status, which shall be repaid once the copies or notes.

§ 18. 1. in proceedings before the authority scheme foreign copies of the civil status acts and other international documents shall be submitted when translated into Polish by a sworn translator.

2. The provisions of paragraph 1. 1 shall not apply to documents drawn up in the Member States with which the Republic of Poland in the field of social insurance agreement combine, drawn up in the official languages of these countries.

§ 19. 1. statement by the person concerned, that may be made in writing or orally to the Protocol, is evidence, evidence of the following: 1) remain a widow or widower seeking survivor's pension in the commonality of the marriage to the death of the spouse;

2) to contribute to the deceased immediately before his death to keep parents;

3) adoption on the upbringing and maintenance of dead grandchildren, siblings and other children-at least one year before his death;

4) exercise of custody of the child or another family member prior to the date of entitlement to a pension or a survivor's pension;

5) cover funeral costs, in whole or in part;

6) niepobranie the funeral of another title;

7) place of residence in a particular locality or in a certain country, if there are indelible remove otherwise doubts regarding the place of residence of the person concerned;

8) the existence of a further right to the benefit;

9) no documents which constitute the means of proof;

10) exercise effective care;

11) carrying out joint household.

2. If the deceased was before his death, established the guardian of children, instead of a declaration referred to in paragraph 1. 1, paragraph 3, is required to submit the relevant court order.

§ 20. The claims in the proceedings in matters of benefits may be made in the form of an electronic document. The provisions of § 5 shall apply mutatis mutandis.

§ 21. 1. the means of evidence stating the amount of remuneration, income, revenue and salaries given to determine the calculation basis of the pension are the certificate employer or other payer contributions, insurance card or other document, on the basis of which you can determine the amount of remuneration, income, revenue or salaries.

2. In the case of persons in detention or on remand measure evidence confirming the circumstances referred to in paragraph 1. 1, for the period of the work carried out at the time of the imprisonment or detention, is a statement from the prison or detention center.

§ 22. 1. Unless this Act provides otherwise, the means of evidence stating periods of employment under a contract of employment, appointment, selection, appointment and a cooperative contract of employment is a work certificate, a certificate of the payer contributions or other competent authority issued on the basis of documents or any other document, including, in particular: 1) insurance card;

2) business card, Union card, a contract of employment, entry in the proof and personal letter directed by the employer to the employee for the duration of the employment.

2. If the Act provides for the opportunity to prove the testimony of witnesses of the contribution period, which depends on the right or the amount of benefit, this evidence may be subject to the lodging of a declaration by the person concerned in the form of written or oral to the Protocol, that may not provide adequate evidence of this period.

§ 23. 1. Unless this Act provides otherwise, the means of evidence stating the payer's certificate is non-contributory periods of contributions or other document of the competent authority.

2. for the purposes of proving the periods referred to in article 1. 7 paragraphs 5-7 of the Act, the means of evidence are documents, except that for the purposes of proving custody of the person means the evidence is a statement of the person concerned lodged in the form of written or oral to the Protocol.

§ 24. Means of evidence stating the periods referred to in article 1. 10 paragraph 1. 1 point 2 and 3 of the Act, may be the testimony of witnesses. In this case, the provision of § 25 paragraph. 3 does not apply.

§ 25. 1. The witness may give evidence in writing or orally to the Protocol in the body of the scheme.

2. Testimony should contain: 1) your first and last name, date of birth and address of the witness;

2) to determine whether and how the relationship of consanguinity or affinity combines a witness concerned;

3) data on the periods of employment of the person concerned;


4) and an indication of the authority that this service has determined, unless the witness has established the right to provide;

5) the signature of the witness;

6) signature and stamp of the person spisującej the testimony or witness signature confirmation.

3. Together with the testimony of the witnesses concerned shall submit a statement in writing or orally to the Protocol about the lack of documents which constitute the means of proof and of the reasons for their absence.

§ 26. Means of evidence stating participate widow (widower) in a structured training is a certificate of the competent authority, institution or organization leading this training.

§ 27. Documentary evidence, written testimony of witnesses, and statements in writing the person concerned should be attached to the application in the original.

§ 28. 1. the means of evidence in proceedings before the authority of the scheme may also be certified as true copies of the documents showing the State of health and on non-contributory and contributory periods, as well as remuneration, income, income and salaries given to determine the calculation basis benefits issued by the entity authorized to hold the documentation dismantled or transformed plants.

2. After the adoption of the decision on the provision of authority scheme returns to the person concerned, at his request, documents submitted after reconstitution copies thereof, with the exception of certificates confirming the amount of the remuneration, income, income and salaries, adopted to determine the calculation basis benefits bills incurred funeral costs and written testimonies of witnesses and statements of the person concerned.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis to the members of the family of the deceased beneficiary.

4. Means of evidence in proceedings before the authority of the scheme may also be copies of the documents referred to in § 27, certified as true copies by the competent insurance institutions, States with which the Republic of Poland join international agreements in the field of social security, or provided by the foreign insurance institution in electronic form using the system to ensure data security. In the case of presumptions as to the authenticity of or the accuracy of the data obtained in this form, the scheme may apply to foreign insurance institutions in order to carry out the investigation in this respect.

section 29. 1. in proceedings before the authority of the scheme may also be admitted additional evidence, if they are necessary to attend to the matter. In this case, the scheme calls for the person concerned or other entity to submit additional evidence, setting a time limit of not less than 14 days and not more than 60 days from the date of service of a summons. If the call to submit additional evidence is directed to a different entity than interested, the scheme each time it shall inform the person concerned.

2. If the evidence is not provided within the prescribed period, the scheme shall issue a decision on the benefits on the basis of evidence, subject to § 4 paragraph 2. 6. § 30. Print the data from the electronic system of the plant, for the insured person, including in particular: the course of his insurance, contribution base, the amount of contributions to your account, and the decision on the provision and payment of benefits constitutes evidence confirming that the posted data on completion of the print, as long as the print was bearing the signature and stamp of the authorized person.

§ 31. When calculating the contribution period and the following non-contributory, separately for each of these periods, the individual years, months and days. Periods of partial months shall be calculated in days. The sum of the days turns into a month, accepting for the month of 30 calendar days; the sum of the months turns into for the period, taking the full 12 months for one year. If the certificate stating periods of employment are given by, and not periods of employment, the sum of the days turns into a month, accepting for the month of 22 working days, and for periods prior to 1 January 1981-25 working days.

§ 32. If the calculation of the amount you need to perform several mathematical operations, mathematical rounding to two decimal places shall be made after each of these activities.

§ 33. 1. The decision of the scheme laying down the right to benefits, in addition to the items referred to in article 1. 107 of the law of 14 June 1960 – administrative procedure code (Journal of laws of 2000 No. 98, item 1071, as amended. 4)), should contain: 1) the type of benefits and the amount and method of calculation;

2) date from which the entitled service;

3) start date of the payment of benefits and the payment term;

4) letter, of which the circumstances concerned is obliged to notify the authority of the scheme.

2. the decision of suspending the right to provide or withholding the payment of benefits, in addition to the items referred to in article 1. 107 of the law of 14 June 1960-code of administrative procedure, should mention, respectively, of the date of suspension of the right to provide or withhold benefits.

3. the decision establishing the right to funeral, in addition to the items referred to in article 1. 107 of the law of 14 June 1960 – administrative procedure code should contain the type of provision, and its height.

§ 34. 1. in the event of refusal of the right to benefits which grant interested tabled a proposal, the scheme shall inform the concerned about the possibility of applying for other service or service shall be determined by the scheme on the basis of separate provisions, if it is apparent from the file that would have had a right to it.

2. If the notification of the application for other service under the conditions laid down in paragraph 1. 1 you will be before the date on which the refusal has become final, the date of filing of the application shall be the date of filing of a previous application, if the person concerned so requests.

section 35. 1. the scheme leads the case file in paper or electronic form.

2. in the case of documents in electronic form authority scheme places on computer rendered digitally paper documents that make up the files of the case and shall bear the certificate of authenticity. In this case, the paper documents you received from the person concerned, after their digital mapping and placed on ICT authority scheme, are returned to the person concerned at his request, subject to § 28 para. 2.3. Authority scheme stores rendered digitally, the documents referred to in paragraph 1. 2, for a period of 50 years.

4. Proof (copy of) confirming the content of the documents in electronic form shall be printed with the electronic system of the body. Provision of § 30 shall apply mutatis mutandis.

§ 36. 1. If the case file are maintained in paper form, a copy of the decisions benefits authority scheme shall append to the file of the case.

2. The provisions of paragraph 1. 1 shall not apply in the case of a decision concerning the adjustment of benefits or other benefits of a common set of Office. In these cases, the data contained in the decision to be retained in the system's authority.

§ 37. 1. If, for the determination of benefits or their payment of separate provisions require the determination of the equivalent in Polish zlotys benefit foreign expressed in foreign currency, the gold course applies to foreign currency announced by the Polish National Bank of making the conversion by the scheme, unless an international agreement to which the community is a party, the Republic of Poland, or European Union regulations provide otherwise.

2. the amounts incurred funeral expenses shown in foreign currency shall be converted at the rate referred to in paragraph 1. 1, in force at the date of death.

§ 38. Proceedings in matters of benefits granted by the President of the Establishment, by way of exception shall be initiated at the request of the person concerned.

§ 39. 1. The circumstances taken into account in the examination of an application of the person concerned for the provision granted by way of exception are confirmed: 1) a certificate of the competent tax office, on the sources of derived income and its height;

2) certificate confirming current employment or other economic activity and the derived revenue;

3) a certificate confirming the amount of benefits received on the basis of separate provisions, including family benefits, benefits paid to social assistance or unemployment benefit;

4) certificate from municipal office confirming the nature and size of their agricultural holding;

5) in other papers, including the certificate confirming the family situation, the material and the material of the person concerned and the closest members of the family, which runs a household.

2. statement by the person concerned provides evidence confirming, in particular, the following circumstances: 1) niepozostawanie in employment or failing to another gainful activity;

2) unless the propr ietor benefits on the basis of separate provisions, including family benefits, benefits paid to social assistance or unemployment benefit;

3) failure of the agricultural holding;

4) lack the next members of the family, which runs a household.


3. documenting the circumstances referred to in paragraph 1. 1 and 2, shall apply mutatis mutandis the provisions of § 10-12.

§ 40. The President of the Establishment shall take decisions on benefits by way of exception, based on the facts and law existing on the date of completion of the investigation.

§ 41. 1. on the basis of the decision of the President of the establishment conferring provision, by way of exception, the authority scheme shall take payment of allowances and shall inform the person concerned.

2. the notification of a withdrawal should specify the authority of the scheme, which will carry out the payment of the benefits granted by the President of the Bet, the person entitled to the benefits granted by way of exception (stating their name and last names), type of benefit, the period of benefit payments, the date on which the action shall be paid, and the amount of the benefit. The notice should bear the seal and signature of the person authorized.

3. the payment of the benefits granted by way of exception is made for the period defined in the decision of the President of the establishment. After the expiry of this period the authority scheme does not issue a decision to withhold benefits.

4. If no longer the circumstances on which the allowance is granted by way of exception, the authority of the scheme shall issue a decision to stop the payment of this benefit.

5. If the stop conditions withhold benefits granted by way of exception, before the decision becomes legally binding decision on the matter, the scheme shall take payment for a period not longer than indicated in the decision of the President of the Establishment.

§ 42. Applications in matters of benefits submitted before the entry into force of this regulation, the provisions of the existing.

§ 43. This Regulation shall enter into force after 14 days from the date of the notice. 5) Minister of labour and social policy: j. Fedak 1) Minister of labour and social policy directs Government Administration Department – social security, on the basis of § 1 para. 2 paragraph 2 of the regulation of the Prime Minister of 16 November 2007 on the detailed scope of the Minister of labour and social policy (OJ No 216, 1598).

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2010 # 40. 224, no. 134. 903, # 238, item. 1578 and # 257, item. 1726 and 2011 No. 75, item. 398, # 149. 887, # 168, item. 1001, no. 187. 1112 and # 205. 1203.3) a change in the said Act were announced in the journal of laws of 2006. # 12. 65 and No. 73, item. 501, 2008 No. 127, item. 817, 2009. No 157, item. 1241, 2010 # 40. 230, no. 167, item. 1131 and No. 182, item. 1228 and 2011 No. 112, item. 654, # 185, item. 1092 and No. 204, item. 1195.4) a change in the consolidated text of the said Act were announced in the journal of laws of 2001, no. 49, item. 509, 2002 # 113, item. 984, No 153, item. 1271 and # 169, item. 1387, 2003 No 130, poz. 1188 and # 170, item. 1660, 2004 No. 162, item. 1692, of 2005, no. 64, item. 565, no. 78, item. 682 and # 181, item. 1524, 2008 # 229, item. 1539, 2009 # 195, poz. 1501 and # 216, item. 1676, 2010 # 40. 230, no. 167, item. 1131, no. 182, item. 1228 and # 254. 1700 and 2011. # 6, item. 18, No. 34, item. 173, no. 106, item. 622 & # 186, item. 1100.5) this regulation was preceded by a regulation of the Council of Ministers of 7 February 1983 on the treatment of pension scheme and rules for payment of these benefits (Journal of laws No. 10, item 49, 1988 No. 10, item 73, in 1990, no. 68, item 402 and the 2007 # 211, poz. 1548).

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