Regulation Of The Minister Of Labour And Social Policy Of 22 July 1992 On Detailed Rules For Suspending Or Reducing Pensions And Annuities

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 22 lipca 1992 r. w sprawie szczegółowych zasad zawieszania lub zmniejszania emerytury i renty

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On the basis of article. 25 paragraph 2. 4 of the Act of 17 October 1991 on the revalued pensions, rules for determining the pensions and amending certain acts (Journal of laws No. 104, item 450, and of 1992 No. 21, item 84) are managed as follows: § 1. 1. in determining whether there are circumstances giving rise to the suspension or reduction of pension and survivor's pension referred to in article 1. 24 of the Act of 17 October 1991 on the revalued pensions, rules for determining the pensions and amending certain acts (Journal of laws No. 104, item 450, and of 1992 No. 21, item 84), hereinafter referred to as the "Act", account shall be taken of: 1) remuneration for work carried out in the framework of an employment relationship and on the basis of a job-processing contract, 2) the emoluments in respect of service in the Polish Army , in the police, the Office of State protection, border guard, the Prison Service and the State fire, 3) revenue from the work performed on the basis of an agency agreement or contract, if the execution of these contracts is covered by compulsory social insurance, 4) revenue from non-agricultural economic activities whose execution is subject to social security, 5) revenue from the exercise of the profession of lawyer, 6) revenue from the work performed in agricultural production cooperatives cooperatives, machinery rings and team farms these cooperatives, hereinafter referred to as "income" in the amounts taken pursuant to art. 7 of the Act for the calculation basis of pensions.

2. the revenue referred to in paragraph 1. 1 paragraphs 3 and 4 shall be taken into account also when the pensioner does not subject to social security because it has established right to retirement pension (annuity), or are insured with a different title.

3. the income achieved is considered the actual income received by the pensioner in the calendar year concerned, without prejudice to paragraph 2. 5.4. The income paid out in respect of an employment, service or activity, referred to in paragraph 1. 1, a month before, which established the right to pensions, hereinafter referred to as "benefits", has no effect on the suspension or reduction of benefits.

5. the income paid out in respect of an employment, service or activity, referred to in paragraph 1. 1, in the period in which payment of benefits was suspended, shall be deemed to be income received in this period, if this is for a pensioner.

§ 2. 1. Income derived from two or more of the titles listed in § 1 paragraph 1. 1 summed up.

2. in determining the amount of the obtained income shall be the amount downloaded benefits: sickness, maternity and caring and the amount of rehabilitation benefits and countervailing, the compensatory allowance and compensatory supplement.

§ 3. 1. A pensioner and the members shall notify the authority of the scheme immediately of the decision (stopping) the work, service or activity, referred to in § 1 paragraph 1. 1, hereinafter referred to as "business".

2. The notice referred to in paragraph 1. 1, the workplace, indicate the amount of the fixed remuneration.

3. In the notice of the activities of the pensioner and the members consists of a statement of whether the intent is to achieve income: 1) not giving rise to the suspension or reduction of benefits, 2) causing a reduction in benefits or 3) causing the suspension of benefits.

§ 4. 1. If a statement of the pensioner, it appears that his intent is to achieve income: 1) does not cause the suspension or reduction of benefits-scheme shall pay benefits in full the applicable height, 2) decreasing benefits-scheme reduces the amount of benefits: a) about 24% of the base amount in the case of pensions and disability groups I and II, b) about 18% of the base amount in the case of disability group III , c) with 20.4% of the base amount-in the case of a survivor's pension, to which is entitled 1 person, d) by recalculation of the survivor's pension under article. 24 paragraph. 7 of the Act in the case of a survivor's pension, to which eligible is more people than the 1, 3) resulting in the suspension of benefits-scheme suspended payment of benefits.

2. the provision of paragraph 1. 1 paragraph 2 specifying the height reduction in relation to the total amount of the benefits shall apply mutatis mutandis in the case of downloading part of the benefits to be reduced as a result of overlapping rights to two or more benefits referred to in article 2. 23 paragraph 1. 2 of the Act.

3. the payment of the full amount of the benefits, a reduction in benefits or the suspension of the payment of benefits occurs until the pensioner will change the content of the complex earlier statements, unless the notice to the employer shows the need to pay benefits in full, their reduction or suspension.

§ 5. 1. A pensioner and the members shall notify the authority of the scheme until the end of February of each year, with a total amount of income earned in the previous calendar year.

2. the work shall notify the authority of the scheme until the end of February of each year, with a total amount of income earned by the pensioner in the last calendar year.

3. The tax authority shall notify the authority of the scheme until the end of may each year, with a total amount of income earned by the pensioner in the last calendar year from the exercise of non-agricultural economic activities, professional services or other independent activities of a similar nature, with the exception of creative and artistic activity.

§ 6. 1. Determine whether the income of the pensioner justified the payment of benefits in full, their reduction or suspension, after the expiration of the calendar year on the basis of a notice at the workplace and a pensioner, referred to in § 5.

2. The determination referred to in paragraph 1. 1, is subject to change based on the notice of the tax office.

§ 7. 1. the scheme shall be the total amount of income earned by the pensioner in period last calendar year and compares it with the sum of the amounts calculated from the base amount for the next months of this calendar year: 1) rate of 60%, hereinafter referred to as the "lower the amount of the limit of income", 2) indicator of 120%, hereinafter referred to as the "higher income" limit amount.

2. The period of which the total amount of income earned by the pensioner and the amount of the income limit, is the relevant reduced in the calendar year in which it was founded or came to an entitlement to benefits.

§ 8. 1. If the total amount of income earned by the pensioner in period last calendar year does not exceed the lower of the amount of income limit, the scheme provides that the pensioner's income (pensioner) does not justify the reduction or suspension of the benefit, and where the benefits were reduced or suspended-reimbursement of the difference between the amount due and paid the amount of the benefits.

2. If the total amount of income earned by the pensioner in period last calendar year exceeded the lower amount of limit, the scheme shall be: 1) that the income achieved by the pensioner argued: a) a reduction in the benefits paid for the period of the last calendar year, if the income does not exceed the higher amount of income limit, b) suspension of benefits paid for the period of the last calendar year, if the income exceeded the higher amount limit income , 2) the amount of the difference between the amount due and paid the amount of the benefits, which shall be recovered, taking into account the § 9.

§ 9. 1. the scheme if it is determined that the total amount of the income of the pensioner exceeded that in the calendar year concerned the amount of the limit of income by an amount lower than the amount unduly collected benefits, inform the pensioner (rencistę) about the possibility of avoiding the return of amounts unduly collected benefits in case of transfer to the Social Security Fund an amount equal to the amount of this excess, less the amount taken advance on income tax, and the deadline for its return.

2. If the retiree (members) has not made the payment referred to in paragraph 1. 1, within a specified period, the scheme is refund of benefits on the principles set out in the provisions on retirement pension of workers and their families or in separate legislation.

§ 10. 1. the President of the social insurance, announcing on the basis of article. 18 paragraph 1. 2 the Act rate adjustment equal to at least 110%, it shall inform at the same time in the form of a message about the amounts of income equal to: 1) 60% of the base amount per month, 2) 120% of the base amount per month, rounded up to 10 cents.

2. In November of each calendar year, the President of the social insurance institution shall inform the border amounts of income for this calendar year.

§ 11. 1. In determining the amount of income that is causing the suspension or reduction of benefits under the Act are not taken into account the revenue referred to in § 1 paragraph 1. 1, paid in respect of the activities carried out before 1 January 1992.

2. In relation to the persons performing the work of a teacher and an academic teacher in 1992 period, of which the total amount of income earned by the pensioner and the sum of the amounts of income limit is reduced for a period prior to 1 September 1992.

§ 12. [1] Regulation shall enter into force on the date of the notice.

[1] Regulation shall enter into force on 6 August 1992.

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