ACT

of 21 November 2008

o Capital pension ¹⁾

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act shall specify:

1) [ 1] the types of cash benefits paid from the funds collected in the open pension funds and the funds listed on the sub-account referred to in Article 40a of the Act of 13 October 1998. o Social Security System (Dz. U. of 2013 r. items 1442, from late. zm.), hereafter referred to as "capital pensions";

2) the rules for the acquisition of the right to capital pensions;

3) the rules and mode of granting capital pensions;

4) rules for setting the amount and payment of capital pensions.

Article 2. [ Equal Treatment of all insured persons] In determining the amount of capital pensions, the Act is based on equal treatment of all insured persons irrespective of sex, race, ethnicity, nationality, state of health, marital status and family status.

Article 3. [ Definitions] The terms used in the Act shall mean:

1) old-age pension from the Social Insurance Fund-a pension to which the Social Insurance Institution has established the law under the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. ²⁾ );

2) [ 2] (repealed);

3) [ 3] Pension fund-the fund referred to in art. 55 par. 1 point 1 of the Act of 13 October 1998. the social security scheme;

4) Social Insurance Fund-Social Insurance Fund, referred to in art. 51 (1) 1 of the Act of 13 October 1998. the social security scheme;

4a) [ 4] member of the open pension fund-a natural person who obtained membership in an open pension fund in accordance with the provisions of the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2013 r. items 989, 1289 and 1717) or whose funds are recorded on the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security system, as well as the natural person whose funds collected on her account in the open pension fund have been transferred from this fund to the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security scheme;

5) the amount of the nursing allowance-the amount referred to in art. 75 par. 2 of the Act of 17 December 1998. with pensions from the Social Insurance Fund;

6) [ 5] (repealed);

7) pension for incapacity for work or a survivor's pension, to which the law established the Social Insurance Institution on the basis of the Act of 17 December 1998. about pensions from the Social Insurance Fund or on the basis of separate regulations;

8) [ 6] (repealed);

9) [ 7] (repealed);

10) [ 8] (repealed).

Article 4. [ Capital Pensions] Capital pensions are entitled under the pension insurance scheme referred to in the social security scheme.

Article 5. [ Eligible for Retirement Pensions] Capital pensions are entitled to a pension from the Social Insurance Fund.

Article 6. [ Referral to the provisions of other laws] In cases not covered by the Act on Capital Pensions, the following shall apply mutatis mutandis:

1. 2a, art. 80 points 1-4, art. 81 point 1, art. 82, art. 83, art. 83b, art. 84 (1) 1, 4-8e, 11, and art. 85 of the Act of 13 October 1998. the social security scheme;

2. Article 100, art. 101, art. 103a, art. 114, art. 115, art. 116 (1) 1b, 1c, 1d and 2, art. 118, art. 121, art. 122 (1) 1, art. 124, art. 128-130, art. 132, art. 133-144 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

Chapter 2

Types of capital pensions and rules for the acquisition of the right to those pensions

Article 7. [ Types of capital pensions] 1. [ 9] Of the funds listed on the sub-account referred to in Article 40a of the Act of 13 October 1998. the social security system, hereinafter referred to as the 'sub-account', shall be entitled to a periodic capital pension.

2. The periodic capital pension shall be entitled to a member of an open pension fund until the end of the age of 67, subject to the provisions of paragraph 1. 2a.

2a. In the period from 2014 to 2020, the periodic capital pension shall be entitled to a member of an open pension fund until it is reached before:

1) 1 September 2014 age 65 years and 5 months, or

2) 1 January 2015 age of 65 years and 6 months, or

3) 1 May 2015 age 65 years and 7 months, or

4) 1 September 2015 age 65 years and 8 months, or

5) 1 January 2016 age 65 years and 9 months, or

6) 1 May 2016 age 65 years and 10 months, or

7) 1 September 2016 age 65 years and 11 months, or

8) 1 January 2017 the age of 66 years, or

9) 1 May 2017 age 66 years and 1 month, or

10) 1 September 2017 age 66 years and 2 months, or

11) 1 January 2018 age 66 years and 3 months, or

12) 1 May 2018 age 66 years and 4 months, or

13) 1 September 2018 age 66 years and 5 months, or

14) 1 January 2019 age 66 years and 6 months, or

15) 1 May 2019 age 66 years and 7 months, or

16) 1 September 2019 age 66 years and 8 months, or

17) 1 January 2020 age 66 years and 9 months, or

18) 1 May 2020 age 66 years and 10 months, or

19) 1 September 2020 age 66 years and 11 months.

3. [ 10] The periodic capital pension is financed by the Social Insurance Fund.

3a. [ 11] (repealed).

4. [ 12] (repealed).

Article 8. [ Acquisition of the right to a periodic capital pension] A member of an open pension fund shall acquire the right to an interim capital pension if:

1) reached the age referred to in art. 24 ust. 1a of the Act of 17 December 1998. on pensions from the Social Insurance Fund, and

2) [ 13] the amount of the funds collected on the sub-account, fixed on the last day of the month preceding the month from which the pension is to be granted, shall be equal to or greater than the 20 times the amount of the nursing allowance.

Article 9. [ Termination of the right to a periodic capital pension] [ 14] The right to a periodic capital pension shall be extinguished:

1) in the event of the death of a member of an open pension fund;

2) on the day preceding the day on which a member of the open pension fund graduated from 67. year of life, subject to art. 7 ust. 2a;

3. in the event of exhaustion of the funds collected on the sub-account.

Article 10. [ 15] (repealed).

Article 11. [ Inclusion of sub-account-based resources] [ 16] Where a member of an open pension fund does not meet the condition referred to in Article Point 2 of the Social Insurance Institution shall take into account the appropriations collected in the sub-account for the purpose of determining the amount of the pension referred to in Article 8 (2) of the basic Regulation. 24 ust. 1 or Art. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

Chapter 3

Rules and mode of granting capital pensions

Article 12. [ Determination of the right to a capital pension and its amount] 1. The right to a capital pension and its amount shall be determined by the Social Insurance Institution, by decision, on the basis of an application for the determination of the right to a pension submitted by a member of the open pension fund.

2. The submission of the application referred to in paragraph. 1, means at the same time submitting an application for the determination of the right to a pension as referred to in Article 24 ust. 1 of the Act of 17 December 1998. about pensions from the Social Insurance Fund, and the capital pension.

Article 13. [ Determination of the right to a periodic capital pension] 1. The right to a periodic capital pension shall be determined from the office, if the right to a pension from the Social Insurance Fund is determined on the basis of art. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

2. Assuming the proceedings of the office on the basis of art. 24a of the law referred to in paragraph 1. 1, before reaching the age referred to in art. 7 ust. 2 or paragraph 2a, at the same time, the initiation of proceedings for a temporary capital pension.

Article 14. [ Proceedings on the determination of the right to a periodic capital pension and its amount] 1. [ 17] (repealed).

2. [ 18] (repealed).

3. [ 19] (repealed).

4. [ 20] Zakład Ubezpieczeń Społecznych (Social Insurance Institution), taking into account the amount of the funds collected on the sub-account, shall determine the right to a periodic capital pension and its amount if the condition referred to in Article 4 is fulfilled. 8 point 2.

5. [ 21] (repealed).

6. [ 22] (repealed).

7. [ 23] (repealed).

8. [ 24] (repealed).

9. [ 25] (repealed).

10. [ 26] (repealed).

11. [ 27] (repealed).

12. [ 28] (repealed).

Article 15. [ The failure to determine the right to an interim capital pension and its amount] 1. The Social Insurance Institution shall not set the right to a periodic capital pension and its amount, if the condition referred to in Article is not fulfilled. 8 point 2.

2. [ 29] (repealed).

Article 16. [ 30] (repealed).

Article 17. [ 31] (repealed).

Art. 17a. [ Taking into account the amount of the funds collected on the sub-account in determining the amount of the pension from the FUS] [ 32] 1. If a member of an open pension fund lodges for the first time a pension application from the Social Insurance Fund referred to in art. 24 ust. 1 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund, after the age referred to in art. 7 ust. 2, the amount of the funds collected on the sub-account shall be taken into account when determining the amount of the pension from the Social Insurance Fund.

2. Paragraph Recipe 1 shall apply mutatis mutandis in determining the amount of the pension from the Social Insurance Fund granted on the basis of the Article. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund of a member of the open pension fund, who has completed the age indicated in art. 7 ust. 2.

3. In the case of persons who until the date indicated in the art. In accordance with the provisions of Article 4 (2) of the basic Regulation, the provisions of Article 4 (2) of the Rules of Law of the European Union shall be taken into consideration 103a of the Act of 17 December 1998. on pensions from the Social Insurance Fund, the funds on the sub-account shall be taken into account when determining the amount of the pension from the Social Insurance Fund.

Article 18. [ 33] (repealed).

Article 19. [ 34] (repealed).

Article 20. [ 35] (repealed).

Article 21. [ 36] (repealed).

Article 22. [ 37] (repealed).

Article 23. [ 38] (repealed).

Chapter 4

Rules for determining the amount of the capital pensions and their payment

Article 24. [ The amount of the periodic capital pension] [ 39] The amount of the periodic capital pension shall be the quotient of the amount of the funds collected on the sub-account fixed for the date referred to in Article 4. Article 2 (2), and the average life expectest referred to in Article 8 (2) (a) of 26 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

Article 25. [ Reestablishment of the amount of the periodic capital pension] (1) If, after the date on which the periodic pension is granted, the pensioner is subject to pension insurance, the pension shall be re-established at the request of the pensioner. Article Recipe 24 shall apply mutatis mutandis-with the fact that, in months, the average life of life is determined for the age of the insured person on the day on which the application for the reestablishment of the pension is applied for.

2. The submission of an application to reestablish the amount of a periodic capital pension shall mean at the same time submitting an application for the reestablishment of the amount of the pension from the Social Insurance Fund in accordance with art mode. 108 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

3. If, as a result of the redetermination of the amount of the periodic capital pension, the amount of the benefit is lower than the amount collected so far, the temporary capital pension shall be paid in the amount so far.

4. Redetermination of the amount of the periodic capital pension shall be made on the application notified not earlier than after the expiry of the calendar year or after the termination of the pension and disability insurance.

5. [ 40] (repealed).

Article 26. [ Valorization] 1. The periodic capital pension shall be valorised annually on the basis and in the mode specified for the pension from the Social Insurance Fund.

1a. [ 41] (repealed).

2. [ 42] (repealed).

Article 27. [ 43] (repealed).

Article 28. [ 44] (repealed).

Article 29. [ 45] (repealed).

Article 30. [ Payment of the capital pension] 1. Capital pensions are paid through the organisational unit of the Social Insurance Institution, which is competent to pay the pension from the Social Insurance Fund.

2. Capital pensions are paid together with a pension or a pension.

3. Where a person entitled to a capital pension and a pension from the Social Insurance Fund takes a pension from another pension authority, the capital pension shall be paid out, on the date determined as the due date, the entity the organisation of the Social Insurance Institution, which has established the right to a pension from the Social Insurance Fund.

4. The body referred to in paragraph 3, it is obligatory to inform the Social Insurance Institution immediately about:

(1) withholding the payment of the pension and the reasons for it,

2) taking payment of an annuity

-if he has been informed of the decision by the Social Insurance Institution at the request of the person concerned, the payment of the pension.

Article 30a. [ Payment of the payment of a capital pension in an amount not higher than the amount of the funds collected on the sub-account] [ 46] In the event that the funds on the sub-account are lower than the amount of the periodic capital pension, the temporary capital pension shall be paid in an amount not higher than the amount of the funds collected on the sub-account, without having to issue a decision in the payment of the pension at a lower level.

Chapter 5

Amendments to the provisions in force, transitional provisions and final provision

Article 31. [ Civil Procedure Code] In the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. Nr 43, pos. 296, of late. 1. ³⁾ ) in Article 476 § 3 is replaced by the following:

" § 3. In the case of social security, there is also an understanding of cases initiated as a result of the non-issuance by the annuity authority of the decision in due time, as well as cases in which an appeal has been brought against the decision of the voivodship to the adjudication proceedings. with regard to the degree of disability, the legal relationship between the members of the open pension funds and those funds or their bodies, and the relationship between pensioners or emoluments within the meaning of the provisions of the capital pensions and the Social Insurance Institution. '

Article 32. [ Law on the provision of war and military invalids and their families] In the Act of 29 May 1974 the procurement of war and military invalids and their families (Dz. U. of 2002. Nr 9, pos. 87, z późn. 1. ⁴⁾ ) in Article 54 after the mouth. 1 The paragraph shall be added. 1a as follows:

' 1a. The amount of the half of the pension referred to in paragraph 1. 1 point 1, includes half of the total amount of the pension from the Social Insurance Fund and the capital pension paid on the basis of the separate provisions and may not be less than the amount of the capital pension due, with the capital retirement pension shall be paid in full. '

Article 33. [ Law on Social Insurance of Farmers] In the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2008 Nr 50, poz. 291, of late. 1. ⁵⁾ ) the following amendments shall be made:

1) in art. Paragraph 6 is replaced by the following:

' 6) pension provisions-the provisions of the Act of 17 December 1998 are understood. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. ⁶⁾ ); ';

2. in Art. 20:

(a) paragraphs 1 is replaced by the following

" 1. For insurance periods required under Article 19 (1) 1 point 2 and paragraph. The following periods are included in point 2:

1) be subject to social insurance of individual farmers and members of their families in the years 1983 to 1990;

(2) the holding of an agricultural holding or a farm work, after the age of 16 years, before 1 January 1983;

3) on which the right to a pension under the pension provisions depends. ",

(b) the following paragraph is added 3 as follows:

" 3. The provisions of the paragraph 1 point 3 shall not apply to persons born after 31 December 1948. ';

3) in art. 21 (1) 3.

" 3. In determining the period for which the pension insurance is to be subject to pension insurance in accordance with paragraph 1. 2 shall apply mutatis mutandis. 20 para. 1 and 2. ';

4) in art. 22 The following paragraph shall be added. 4 as follows:

" 4. The amount of the pension referred to in paragraph 1. If the reduction is due to the exclusion of the periods referred to in Article 3, 3 may be lower than the pension that has been collected so far. 20 para. 1 point 3. ';

5. in Art. 25 after the mouth. The following paragraph shall be added. 2b as follows:

' 2b. The provisions of the paragraph 2a shall not be applied when determining the amount of an agricultural pension for persons born after 31 December 1948. ';

6) in art. 27 after the mouth. 1 The paragraph shall be added. 1a as follows:

' 1a. If the right to the care allowance referred to in paragraph is confluated. 1, with the right to the allowance for a pension entitled to a pension, established on the basis of art. 24 ust. 1, art. 24a or art. 184 pension provisions, the nursing allowance shall be paid together with the pension from the Social Insurance Fund. ';

7) in art. 33:

(a) paragraphs 1 is replaced by the following

" 1. Where the right to a pension under a law is waived under a law, the holder shall be granted one benefit, either higher or chosen by the rightholder, subject to the provisions of Article 4 (1) of the basic Regulation. 22 par. 3 and 4. ',

(b) after paragraph. 2 The following paragraph shall be added. 2a-2d as follows:

' 2a. The provisions of the paragraph 2 shall not apply to persons entitled at the same time to an agricultural pension and to a pension granted on the basis of an article. 24 ust. 1, art. 24a or art. 184 pension provisions.

Entitlement to an agricultural pension for incapacity for work or a survivor's pension from insurance and to a pension under Article 3 (1) (b) of the basic Regulation. 24 or Art. 24a pension provisions lose the right to an agricultural pension for incapacity for work or a survivor's pension, unless before applying for the right to a pension under Article 4 (1) (a) of the Pension Act, the pension is calculated on the basis of Article 4 of the Act 24 or Art. 24a of the pension provisions will make a declaration that he or she chooses an agricultural pension for incapacity for work or a survivor's pension. In the case of submission of this declaration, the funds collected on his account in an open pension fund shall be transferred by this fund, through the Social Insurance Institution, to the revenue of the State budget. The statement of choice of benefit shall be final and shall not be entitled to withdraw from it.

2c. Where the holder of an agricultural pension for incapacity for work does not fulfil the conditions for an agricultural pension under Article 4 (2) of the basic Regulation, the 22 par. 3, Kasa calls on the entitled to an agricultural pension for incapacity to work, within a period of at least 3 months before reaching the retirement age, to make the declaration referred to in paragraph. 2b.

2d. The Kasa shall invite the entitled to the survivor's pension from the insurance, within a period of at least 3 months before reaching the retirement age, to make the declaration referred to in the paragraph. 2b. ',

(c) paragraphs shall be deleted. 3.

Article 34. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. 2000 r. No 14, pos. 176, of late. 1. ⁷⁾ ) the following amendments shall be made:

1) in art. 5a in point 22, the period shall be replaced by a comma and the following point 23 shall be added:

' 23. Act on capital pensions-this means the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507). ';

2. in Art. 12 (1) 7 is replaced by the following

" 7. Pension is defined as the total amount of pension and pension benefits, including the amount of capital pensions paid under the Act on Capital Pensions, including increases and additions, excluding family allowances and childcare allowances and allowances for orphans complete to survivors 'pensions.';

3) in art. 30a in the mouth. 1 in point 11, the period shall be replaced by a comma and the following point 12 is added:

"(12) on the amount of payment guaranteed after the death entitled to a life of capital pension within the meaning of the Law on Capital Pensions."

Article 35. [ Law on the organisation and functioning of pension funds] In the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2004 No. 159, item. 1667, of late. 1. ⁸⁾ ) the following amendments shall be made:

1) in art. 2. 2.

" 2. The purpose of the fund's activities is to collect cash, to invest them, to pay to the members of the fund after they have reached the retirement age, and to pay the periodic capital pensions referred to in the Act of the 21 November 2008 o retirement of capital (Dz. U. Nr 228, poz. 1507). ';

2. Article 7 is replaced by the following

" Art. 7. The Act does not violate the provisions of other laws which provide for the payment of cash benefits in connection with the achievement of the retirement age, including the Act of 21 November 2008. of capital pensions. ';

3) in art. 8 after point 4, the following points 4a and 4b are inserted:

' (4a) periodic capital retirement-shall mean the pension referred to in the Act of 21 November 2008. of capital pensions;

(4b) life of the capital pension-shall mean the pension as referred to in the Act of 21 November 2008. of capital pensions; ';

4) in art. 81 shall be added to the paragraph. 10 as follows:

" 10. An agreement with an open fund referred to in paragraph 1. 1, shall be dissolved as of the date of the Social Insurance Institution's exit from the open pension fund in the Central Register of Members of Open Pension Funds in connection with the granting of a life of capital pension, or the failure to determine the right to a periodic capital pension or a life capital pension, for the reasons set out in Article 4 (1) of the Financial Regulation. 15 para. 1 and Art. 18 (1) 1 of the Act of 21 November 2008. of capital pensions. ';

5) after art. 81 shall be inserted in Article 81. 81a as follows:

" Art. 81a. During the period from the date of the application for interim capital retirement or the opening of an office procedure until the date on which the decision on the periodic capital pension is eligible, the fund shall withhold the payment of the transfer payment. ';

6) in art. 89 par. 1 is replaced by the following

" 1. The Fund shall keep a register of members of the fund containing the members ' basic personal data, data on contributions to the fund and transfers received, and the conversion of those contributions and transfer payments into settlement units, data on the current state of the funds in the accounts, taking into account the funds paid for the periodic capital pension and, in the employee funds, the current stock of the shares in the quantitative accounts. ';

7) after art. 100a Article shall be inserted. 100b as follows:

" Art. 100b. 1. The open fund of the settlement unit of the clearing unit remaining in the account of a member of the open fund in the amount specified in the decision of the Social Insurance Institution to determine the right to the periodic capital pension and its amount referred to in the Act of 21 November 2008 about capital pensions.

2. On the basis of the decision of the Social Insurance Institution to establish the right to life capital pension and its amount, as referred to in the Act of 21 November 2008. of the capital pension, the open fund of the settlement unit of the clearing unit remaining in the account of a member of the open fund in its entirety. ';

8) art. 111 is amended as follows:

" Art. 111. The payment of funds collected in an account in an open fund shall be effected by the transfer of such appropriations:

1) on the income of the pension fund distinguished under the Social Insurance Fund referred to in the provisions on the social security system, or

2) in connection with the issuance of a decision of the Social Insurance Institution to determine the right to a periodic capital pension or a life capital pension and their amount. ";

9) in art. 111a in the mouth. 1 in point 2, the period shall be replaced by a semicolon and the following points 3 and 4 shall be added:

' (3) The Agricultural Social Insurance Fund shall notify the member of an open fund of an agricultural pension for incapacity for work or a survivor's pension under Article 3 of the Agricultural Social Insurance Fund. 33 (1) 2b of the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2008 Nr 50, poz. 291, of late. 1. ⁹⁾ );

4. The Minister of Justice shall notify the transition from the emoluments referred to in Article. 100 § 2 of the Act of 27 July 2001. -The law on the system of common courts (Dz. U. Nr. 98, pos. 1070, z późn. 1. ¹⁰⁾ ), a judge who is a member of the open fund. ';

10) after art. 111a the following is added. 111b as follows:

" Art. 111b. 1. An open fund after receiving from the Social Insurance Institution the information referred to in art. 14 para. 5 and art. 17 para. 9 of the Act of 21 November 2008. In the event of a pension, the amount of the pension is to be transferred to the account indicated by the Social Insurance Institution, or the total amount of the funds collected in the account of the open fund member.

2. In the case of transfer of all funds collected in the account of a member of the open fund, the contract with an open pension fund shall be terminated, unless the member of the fund withdraws the application for retirement before the decision to establish the decision the right to a pension.

3. In the case referred to in paragraph. 1, the open fund shall not charge the fee. ';

11) in art. 131 (1) 2.

" 2. The transfer payment shall be made within the time limit referred to in Article 4. 122, but not earlier than 1 month, after the deceased's spouse has presented the deceased's death certificate, the write-off of the marriage certificate and the written declaration stating that no changes have occurred to the member of the fund until the death of the member of the fund. relation to the content of the statement referred to in Article 83 (1) 1, or the notice referred to in Article 83 (1) 2, and if these changes have taken place, including proof of these changes. ';

12) in art. 132 (1) 3.

" 3. The fund shall be open to payment of funds due to the person indicated by the deceased within a period of three months, but not earlier than 1 month, from the date on which the fund was presented by an official document stating the identity of the person concerned, the payment of funds for the deceased's spouse may be transferred on his/her request to an account in an open fund. In the latter case, the following shall apply mutatis mutandis to the transfer payment of funds for the spouse of the deceased. 128. ';

13) after art. 132 The following Articles shall be inserted. 132a, as follows:

" Art. 132a. 1. In the event of the death of a member of an open fund who has reached the retirement age and until the date of death, the amount of the funds collected in the deceased's account shall be reduced by the amount of the unrealised benefits referred to in Article 4. 136 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

2. After the return of the unused appropriations for the payment of the unrealised benefits, the Fund shall be paid in accordance with the provisions of Article 3 (2). 131 and 132. ';

14. 192 is replaced by:

" Art. 192. 1. The Fund shall be required, at the request of a member, to provide it in writing specifying the monetary value of the funds collected on its account.

2. The open fund shall inform the member of the monetary value of the funds collected in the member's account on the last day of the month preceding the month:

1) to submit an application, to fix the right to a periodic capital pension or to reestablish its amount;

2) to take the payment of a periodic capital pension if:

(a) a request for a temporary capital pension was made before the retirement age, or

(b) the procedure for periodic retirement of capital has been initiated ex officio.

3. The open fund shall inform the member and the Social Insurance Institution of the monetary value of funds collected in the account of a member of the open fund after the last payment of the periodic capital pension. '.

Article 36. [ Law on Social Security System] In the Act of 13 October 1998. o Social Security System (Dz. U. 2007 No 11, pos. 74, as of late. 1. ¹¹⁾ ) the following amendments shall be made:

1) in art. 4 after point 12, the following points 12a and 12b are added:

" 12a) periodic capital pension-cash benefit as defined in the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507);

12b) life of the capital pension-cash benefit as defined in the Act of 21 November 2008. of capital pensions; ';

2. in Art. 22:

(a) paragraphs 3b shall be replaced by:

' 3b. The undertaking shall cease to pay part of the contribution referred to in paragraph 1. 3, from the day following the day of the notification by the Department of Open Pension Fund of:

1) the obligation to transfer funds collected in the account of a member of an open pension fund to the FUS pension fund, in the event of failure to determine the right to a periodic capital pension, or

2) the deposit by a member of an open pension fund with a statement on the selection of an offer for life of a capital pension. ',

(b) after paragraph. 3b the paragraph is added. 3c as follows:

' 3c. The provisions of the paragraph 3b shall apply mutatis mutandis to the part of the contribution referred to in paragraph 3. 3, payable for the period until the date of notification referred to in paragraph 1. 3b, o:

1) the obligation to transfer funds collected in the account of a member of an open pension fund to the FUS pension fund, in the event of failure to determine the right to a periodic capital pension, or

2) the deposit by a member of an open pension fund with a statement on the selection of the offer for life of a capital pension

-paid or identified after that date. ';

3) in art. 33 in the mouth. Point 6 shall be replaced by the following:

"(6) Central Register of Receiving Pensions from Retirement Funds For Capital Pensions;";

4) in art. 40:

(a) paragraphs 1c is replaced by the following:

' 1c. The insured account shall also record the following information:

1. the allocation of contributions to open pension funds:

(a) in the case of insured persons referred to in paragraph 1. 1 point 1, payable for the period up to the date of the Institution by the Open Pension Fund of:

-the obligation to transfer funds collected in the account of a member of an open pension fund to the FUS pension fund, in the event of a failure to determine the right to a periodic capital pension, or

-a declaration by a member of the open pension fund for the choice of a life-pension offer

-unpaid or unidentified by that date, including when they have not been overdosed,

(b) in the case of insured persons referred to in paragraph 1. 1 point 2, paid or identified after the date of informing the Open Pension Fund by the establishment of the following:

-the obligation to transfer funds collected in the account of a member of an open pension fund to the FUS pension fund, in the event of a failure to determine the right to a periodic capital pension, or

-a declaration by a member of an open pension fund on the choice of a life-pension offer;

2) the amount of funds collected in the account of a member of the open pension fund transferred to the FUS pension fund, in the event of failure to determine the right to a periodic capital pension or a life capital pension. ",

(b) in paragraph. 2:

-the following point 4a is inserted after point 4:

"(a) the value of the funds paid in respect of the periodic capital pension;",

-point 6 is replaced by the following:

"(6) the amount of life of a capital pension;";

5. in Art. 50 after the mouth. 1f the added paragraph shall be added. 1g as follows:

' 1g. If the insured person referred to in paragraph 1 is subject to the provisions of the 1b shall, in addition to the age of 12 months in which it is the retirement age of the age of 60, give an additional information on the possibility of exercising the right to a periodic capital pension. ';

6) in art. 54 in point 8, the period shall be replaced by a semicolon and the following point 9 shall be added:

"(9) expenditure to cover the shortfall in funds necessary to ensure the payment of capital pensions.";

7) in art. 55:

(a) point 1 shall be replaced by

' (1) the pension from which the pension payments and the expenditure referred to in Article are financed. 54 para. 9; ',

(b) in point 2 (b) b is replaced by the following

" (b) payment of pensions granted ex officio for incapacity for work to persons born before 1 January 1949, which do not have a component and non-contributory period of at least 20 years for women and for at least 25 years for the males, ".

Article 37. [ The Act on Pensions and Rents from the Social Insurance Fund] In the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. ¹²⁾ ) the following amendments shall be made:

1) in art. 4:

(a) point 2 shall be replaced by

' (2) life-retirement pension, as referred to in the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507); ',

(b) after point 2, the following point 2a is added:

" 2a) periodic capital retirement-pension as referred to in the Act of 21 November 2008. of capital pensions; ';

2) after art. 26 the following Articles shall be inserted. 26a as follows:

" Art. 26a. 1. The amount of the pension as determined in accordance with Article 26 is increasing for the periods of payment of contributions to the Farmers 'Pension Fund, the Farmers' Social Insurance Fund and the pension insurance referred to in the provisions on social insurance of farmers. This increase shall be determined in accordance with the principles of the component dimension of the agricultural pension provided for by the provisions on social insurance of farmers on the basis of the certificate of the Agricultural Social Insurance Fund, of the periods of payment of contributions.

2. The increase referred to in paragraph 2. 1, shall not be entitled to a person having established entitlement to a pension under the rules on social insurance of farmers.

3. The increase referred to in paragraph. 1, shall be granted to the insured person, who shall legitiniate the periods referred to in Article 3. 10 para. 1 point 1, less than 25 years old.

4. The pension referred to in paragraph. 1, shall be paid out of the Fund, except that the costs of that pension in the part corresponding to the increase of the component part, in the amount calculated in accordance with paragraph 1, shall be paid out. 1 shall be the subject of a refund from the pension fund laid down in the provisions on social insurance of farmers. ';

3) in art. 73 (1) 3.

" 3. If the deceased's pension has been calculated along with the increases referred to in Article 26a or art. 56 par. 3 and 4, the survivor's pension is calculated as a percentage of the deceased's benefit in the amount reduced by those increases, according to the number of eligible survivors. Such a calculated family pension shall be supplemented by an amount which takes account of the 50% increase which would have been used by the deceased. ';

4) in art. 87:

(a) paragraphs 1 is replaced by the following

" 1. Where the pension is granted by the Fund as referred to in Article 26, including the temporary capital pension or life-capital pension, shall be lower than the amount referred to in Article 4 (1). 85 (1) 2 and 3, the pension granted by the Fund, including the pension established with the increase referred to in Article 3, 26a, shall be increased in such a way that the sum of such benefits is not lower than that amount, if the insured person:

1) man-completed 65 years of age and has a period of contributory and non-contributory period of at least 25 years,

2) woman-has completed 60 years of age and has a contributory and non-contributory period of at least 20 years

-taking into account the mouth. 3-7. Article Recipe 5 par. 2 shall apply mutatis mutandis. ',

(b) after paragraph. 1 The paragraph shall be added. 1a as follows:

' 1a. During the constituent period referred to in paragraph 1. Points 1 and 2 shall take into account the period for which the increase referred to in Article 1 has been fixed. 26a. ',

(c) paragraphs 5a is amended as follows:

' 5a. The right to increase referred to in paragraph 1. 1, shall not be entitled, in the event of a waiter of the right to a pension from the Fund and for a periodic capital pension or a life-pension pension with the right to:

(1) the military or police pension referred to in Article 3 (1) of the basic Regulation. 85 (1) 5;

(2) the agricultural pension referred to in the rules on social insurance of farmers. ';

5. in Art. 103:

(a) paragraphs 2.

" 2. The provisions of the paragraph 1 shall not apply to pensioners who have completed 60 years (of women) or 65 years (men). ',

(b) paragraphs shall be deleted. 2a;

6) in art. 108 after the mouth. 2 The following paragraph shall be added. 2a as follows:

' 2a. An application by a member of an open pension fund for the reestablishment of the amount of the pension referred to in Article 24 or Art. 24a, while at the same time submitting an application for a redetermination of the amount of the periodic capital pension in accordance with art. 25 of the Act of 21 November 2008. of capital pensions. ';

7) in art. 116 po ust. 1c the following paragraph shall be inserted. 1d as follows:

' 1d. The provisions of the paragraph 1b shall not apply if a member of an open pension fund has died before a decision has been issued, provided that, on the date of death, he/she has fulfilled the conditions for retirement. ';

8) after art. The following Articles shall be inserted. 116a, as follows:

" Art. 116a. Submission by a member of an open pension fund of an application for retirement referred to in Article 24 ust. 1, means at the same time the submission of an application for the establishment of a periodic capital pension, as referred to in the Act of 21 November 2008. of capital pensions. ';

9) in art. 129 (1) 3.

" 3. The payment of the pension referred to in Article 4 shall be required. 24 ust. 1, for a member of an open pension fund after the age of 65 is filing an application for the determination of the right to life of a capital pension or a statement referred to in art. 17 para. 5 of the Act of 21 November 2008. about capital pensions. ".

Article 38. [ Law on Universal Courts] In the Act of 27 July 2001. -The law on the system of common courts (Dz. U. Nr. 98, pos. 1070, z późn. 1. ¹³⁾ ) in Article 100 § 6a is replaced by the following:

' § 6a. If the procedure referred to in paragraph 6 refers to a judge passing or transferred to a resting state in accordance with § 2, who is a member of an open pension fund, the funds collected in the account of that fund open to the pension fund forward through the Social Insurance Institution to the revenue of the State budget. '.

Article 39. [ The Act on Social Security in the title of accidents at work and occupational diseases] In the Law of 30 October 2002 o social insurance in the field of accidents at work and occupational diseases (Dz. U. Nr. 199, pos. 1673, of late. 1. ¹⁴⁾ ) in Article 26 after the mouth. 1 The paragraph shall be added. 1a as follows:

' 1a. The amount of the half of the pension referred to in paragraph 1. 1 point 1, includes half of the total amount of the pension from the Social Insurance Fund and the capital pension paid on the basis of the separate provisions and may not be less than the amount of the capital pension due, with the capital retirement pension shall be paid in full. '

Article 40. [ The Insurance and Pension Supervision Act and the Insured Ombudsman] In the Act of 22 May 2003 on the supervision of insurance and pensions and the Insurance Ombudsman (Dz. U. Nr 124, pos. 1153, z późn. 1. ¹⁵⁾ ) the following amendments shall be made:

1. 3.

" Art. 3. The purpose of supervision shall be to protect the interests of policyholders, insured persons, endowed or entitled under insurance contracts, members of pension funds, participants in occupational pension schemes, persons receiving a capital pension, or persons who have not been endowed by persons. ';

2. in Art. 5 par. 1 is replaced by the following

" 1. The Insured spokesperson represents the interests of policyholders, insured persons, endowed or entitled under insurance contracts, members of pension funds, participants in occupational retirement pension schemes, persons receiving a pension the capital or persons who have not been emolabed. ';

3) in art. 19 in the mouth. Point 3 shall be replaced by the following:

" 3) gross infringement of the interests of policyholders, insured persons, emoluments or entitled under insurance contracts, members of pension funds, participants in occupational retirement provision, persons receiving a capital pension or persons by which they have not been emoloured; ';

4) in art. 20:

(a) points 2 and 3 are replaced by the following

" 2. Opinions of draft legislation on the organisation and functioning of insurance, pension funds, occupational pension schemes and capital pensions;

3. presence to the competent authorities with requests for the adoption of a legislative initiative or for the issue or amendment of other acts in matters relating to the organisation and functioning of insurance, pension funds, occupational schemes pensions and capital pensions; ',

(b) in point 5 (b) d is replaced by the following

"(d) pension societies and members of pension funds and arising from participation in occupational retirement provision,",

(c) point 6 shall be replaced by

" 6) initiating and organizing educational and information activities in the field of protection of policyholders, insured, emollient or entitled from insurance contracts, members of pension funds, participants in employee programs pensions, persons receiving a capital pension, or of persons who have received a pension. ';

5. in Art. 25 in the mouth. Point 3 is replaced by the following:

" 3) gross infringement of the interests of policyholders, insured persons, emoluments or entitled under insurance contracts, members of pension funds, participants in occupational retirement provision, persons receiving a capital pension or persons by which they have not been emoloured; '.

Article 41. [ Law on the supervision of the financial market] In the Act of 21 July 2006. on the supervision of the financial market (Dz. U. Nr. 157, pos. 1119, 2007 Nr 42, pos. 272 and No 49, pos. 328 and 2008 Nr 209, poz. 1317) is amended as follows:

1) in art. 1 in the mouth. Paragraph 2 is replaced by the following:

" 2) pension supervision, carried out in accordance with the provisions of the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2004 No. 159, item. 1667, of late. 1. ¹⁶⁾ ), the Act of 20 April 2004. about occupational pension schemes (Dz. U. No 116, item. 1207, 2005 Nr 143, pos. 1202, 2006 Nr 157, poz. 1119 and 2008 No. 220, item. 1432), of the Act of 20 April 2004. on individual pension accounts (Dz. U. No 116, item. 1205, 2005 Nr 183, pos. 1538, 2006 Nr 157, poz. 1119 and 2008 No. 220, item. 1432), of the Act of 22 May 2003. on the supervision of insurance and pensions and the Insurance Ombudsman (Dz. U. Nr 124, pos. 1153, z późn. 1. ¹⁷⁾ ) and the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507); ';

2. in Art. 6 in the mouth. Point 1 shall be replaced by the following:

' (1) referred to in the Act of 29 August 1997. -Banking law, Law of 28 August 1997. of the organisation and functioning of pension funds, of the Act of 20 April 2004. occupational pension schemes, the Act of 20 April 2004. on the individual pension accounts, the Act of 22 May 2003. on insurance activities, the Act of 22 May 2003. on insurance intermediation, the Act of 29 July 2005. on the trading of financial instruments, the Act of 29 July 2005. on public offering and conditions for the introduction of financial instruments to organised trading and on public companies, the Act of 27 May 2004. o Investment funds, the Act of 26 October 2000. o freight exchanges, the Act of 12 September 2002. o electronic payment instruments and the Act of 21 November 2008. about capital pensions, ".

Article 42. [ The right to an agricultural pension] 1. A self born after 31 December 1948, which, before the date of entry into force of this Law, was established the right to an agricultural pension, with the establishment of the periods referred to in art. 20 para. 1 point 3 of the Act referred to in Article 1 33, and which after the date of entry into force of the Act will reach the age referred to in art. 24 ust. 1a and 1b of the Act mentioned in art. 37, and will report an application for retirement from the Social Insurance Fund set out in Art. 24 or Art. 184 of the Act mentioned in art. 37, depending on the choice of the pension, the agricultural pension established with the counting of the periods indicated, or the pension from the Social Insurance Fund.

2. The right to an agricultural pension and to a pension from the Social Insurance Fund shall be entitled to the person referred to in paragraph 1. 1 if, after the exclusion of the periods indicated in that provision, that person fulfils the conditions for an agricultural pension.

Article 43. [ Re-determination of the agricultural pension] A pension for a person born after 31 December 1948, the amount of which has been calculated together with the increase or part of the contribution from the agricultural pension, shall be re-established, without taking into account that increase or the component part, if the person concerned is the agricultural pension for the periods referred to in Article 4 has been allocated to the agricultural pension. 20 para. 1 and 2 of the Act mentioned in art. 33, as amended by this Act.

Article 44. [ Proxies to dispose of bank accounts] Open pension funds by 31 December 2008 transfer to the Social Insurance Institution a power of attorney to dispose of the bank accounts referred to in Article 14 para. 9.

Article 45. [ Retirement payments] 1. The payment of the pension, to which the right has been suspended on the basis of art. 103 (1) 2a of the law referred to in art. 37, shall be made at the request of the person concerned.

2. The Social Insurance Institution shall inform the persons, having on the day of the entry into force of the Act suspended the right to a pension in accordance with art mode. 103 (1) 2a of the law referred to in art. 37, the conditions for the collection of benefits.

Article 46. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.

¹⁾ The Act is amended by the Act of 17 November 1964. -Code of Civil Procedure, Act of 29 May 1974. of the supply of war and military invalids and their families, the Law of 20 December 1990. o social insurance of farmers, the Law of 26 July 1991. on personal income tax, the Act of 28 August 1997. of the organisation and functioning of pension funds, the Act of 13 October 1998. the social security scheme, the Act of 17 December 1998. with pensions from the Social Insurance Fund, the Act of 27 July 2001. -Law on the grounds of universal courts, law of 30 October 2002. on social insurance in respect of accidents at work and occupational diseases, the Act of 22 May 2003. on insurance and pension supervision and the Insured Ombudsman and the Law of 21 July 2006. on the supervision of the financial market.

²⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355, of 2005 Nr 167, pos. 1397 i Nr 169, poz. 1412 and 1421, 2006 Nr 104, pos. 708 and 711 and No. 208, pos. 1534, 2007 No 17, pos. 95, Nr 82, pos. 558, Nr 191, poz. 1368 i 1369 i Nr 200, poz. 1445 and 2008 Nr 67, pos. 411, No. 192, pos. 1180 and Nr 228, pos. 1507.

³⁾ The amendments to the said Act were announced in Dz. U. of 1965 Nr 15, pos. 113, of 1974 Nr 27, pos. 157 and No 39, pos. 231, 1975. Nr 45, poz. 234, z 1982 r. No 11, pos. 82 and No. 30, pos. 210, 1983 Nr 5, pos. 33, of 1984 Nr 45, poz. 241 and 242, 1985. Nr 20, pos. 86, of 1987. No 21, pos. 123, 1988 Nr 41, pos. 324, of 1989 No 4, pos. 21 and No. 33, pos. 175, of 1990 No 14, pos. 88, Nr 34, poz. 198, Nr 53, poz. 306, Nr 55, pos. 318 and No. 79, pos. 464, of 1991 No. 7, pos. 24, No 22, pos. 92 and No. 115, pos. 496, of 1993 No 12, pos. 53, 1994 Nr 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No 24, pos. 110, Nr 43, pos. 189, No 73, pos. 350 and Nr. 149, pos. 703, of 1997 Nr 43, pos. 270, Nr 54, poz. 348, No 75, pos. 471, No. 102, pos. 643, Nr 117, pos. 752, Nr 121, poz. 769 and 770, Nr 133, poz. 882, Nr 139, pos. 934, No 140, pos. 940 and No. 141, pos. 944, 1998 No. 106, pos. 668 i Nr 117, poz. 757, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 269 and 271, No. 48, pos. 552 i 554, Nr 55, poz. 665, Nr 73, poz. 852, No 94, pos. 1037, No 114, pos. 1191 and 1193 and No 122, pos. 1314, 1319 and 1322, of 2001. No 4, pos. 27, Nr 49, poz. 508, No 63, pos. 635, Nr 98, poz. 1069, 1070, and 1071, Nr 123, pos. 1353, Nr 125, pos. 1368 and Nr 138, pos. 1546, 2002 Nr 25, pos. 253, No. 26, pos. 265, Nr 74, pos. 676, Nr 84, poz. 764, Nr 126, pos. 1069 and 1070, Nr 129, pos. 1102, No. 153, pos. 1271, Nr 219, poz. 1849 and No. 240, pos. 2058, 2003 Nr 41, pos. 360, Nr 42, poz. 363, Nr 60, pos. 535, Nr 109, pos. 1035, Nr 119, poz. 1121, No. 130, pos. 1188, Nr 139, pos. 1323, Nr 199, pos. 1939 and No. 228, pos. 2255, 2004 Nr 9, pos. 75, Nr 11, pos. 101, Nr 68, pos. 623, Nr 91, poz. 871, Nr 93, poz. 891, Nr 121, poz. 1264, Nr 162, pos. 1691, Nr 169, poz. 1783, Nr 172, pos. 1804, Nr 204, poz. 2091, Nr 210, pos. 2135, No 236, pos. 2356 and No. 237, pos. 2384, of 2005 No 13, pos. 98, Nr 22, poz. 185, Nr 86, pos. 732, No 122, pos. 1024, No. 143, pos. 1199, No. 150, pos. 1239, Nr 167, pos. 1398, Nr 169, poz. 1413 and 1417, Nr 172, pos. 1438, Nr 178, pos. 1478, Nr 183, poz. 1538, No. 264, pos. 2205 and No. 267, pos. 2258, 2006 No 12, pos. 66, No 66, pos. 466, Nr 104, poz. 708 and 711, No. 186, pos. 1379, Nr 208, poz. 1537 and 1540, No. 226, pos. 1656 and Nr 235, pos. 1699, 2007 No. 7, pos. 58, Nr 47, poz. 319, No. 50, pos. 331, No. 99, pos. 662, Nr 106, poz. 731, Nr 112, poz. 766 and 769, No. 115, pos. 794, Nr 121, poz. 831, Nr 123, pos. 849, Nr 176, pos. 1243, Nr 181, pos. 1287, No. 192, pos. 1378 and Nr. 247, pos. 1845 and 2008 Nr 59, pos. 367, No 96, pos. 609 and 619, Nr 110, poz. 706, Nr 116, poz. 731, Nr 119, poz. 772, Nr 120, poz. 779, No. 122, pos. 796, Nr 171, pos. 1056 i Nr 220, poz. 1431.

⁴⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 181, item. 1515, 2003 Nr 56, pos. 498 i Nr 210, pos. 2036, 2004 Nr 121, pos. 1264, No. 191, pos. 1954, Nr 210, poz. 2135 i No 281, pos. 2779, of 2005 Nr 10, pos. 65, of 2007. No. 82, pos. 559 and 2008 Nr 208, pos. 1308.

⁵⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 67, pos. 411, No. 70, pos. 416, Nr 180, pos. 1112 and No. 227, pos. 1505.

⁶⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355, of 2005 Nr 167, pos. 1397 i Nr 169, poz. 1412 and 1421, 2006 Nr 104, pos. 708 and 711 and No. 208, pos. 1534, 2007 No 17, pos. 95, Nr 82, pos. 558, Nr 191, poz. 1368 i 1369 i Nr 200, poz. 1445 and 2008 Nr 67, pos. 411 and No. 192, pos. 1180.

⁷⁾ Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 22, pos. 270, Nr 60, poz. 703, Nr 70, poz. 816, Nr 104, poz. 1104, Nr 117, pos. 1228 i Nr 122, poz. 1324, 2001 No 4, pos. 27, No. 8, pos. 64, Nr 52, poz. 539, Nr. 73, pos. 764, No. 74, pos. 784, Nr. 88, pos. 961, Nr 89, poz. 968, No 102, pos. 1117, No. 106, pos. 1150, Nr 110, poz. 1190, No 125, pos. 1363 and 1370 and Nr 134, pos. 1509, 2002 No 19, pos. 199, Nr 25, pos. 253, No. 74, pos. 676, Nr 78, poz. 715, Nr 89, poz. 804, No. 135, pos. 1146, No. 141, pos. 1182, No. 169, pos. 1384, Nr 181, pos. 1515, Nr 200, poz. 1679 and No. 240, pos. 2058, 2003 No. 7, pos. 79, Nr 45, poz. 391, Nr 65, poz. 595, Nr. 84, pos. 774, Nr 90, poz. 844, Nr 96, poz. 874, Nr 122, pos. 1143, No 135, pos. 1268, Nr 137, poz. 1302, Nr 166, pos. 1608, Nr 202, poz. 1956, No 222, pos. 2201, No. 223, pos. 2217 and No. 228, pos. 2255, 2004 Nr 29, pos. 257, No 54, pos. 535, Nr 93, pos. 894, Nr 99, poz. 1001, Nr 109, pos. 1163, No 116, pos. 1203, 1205 and 1207, Nr 120, poz. 1252, Nr 123, pos. 1291, Nr 162, pos. 1691, Nr 210, pos. 2135, No 263, pos. 2619 and No 281, pos. 2779 and 2781, of 2005 Nr 25, pos. 202, Nr 30, pos. 262, Nr. 85, pos. 725, Nr 86, pos. 732, Nr 90, poz. 757, No. 102, pos. 852, Nr 143, poz. 1199 and 1202, No 155, pos. 1298, Nr 164, poz. 1365 i 1366, Nr 169, poz. 1418 and 1420, Nr 177, pos. 1468, Nr 179, poz. 1484, Nr 180, pos. 1495 and No 183, pos. 1538, 2006 Nr 46, pos. 328, No 104, pos. 708 and 711, No. 107, pos. 723, No 136, pos. 970, Nr 157, pos. 1119, Nr 183, poz. 1353 and 1354, Nr 217, poz. 1588, No. 226, pos. 1657 and No. 249, pos. 1824, 2007 Nr 35, pos. 219, Nr 99, pos. 658, Nr 115, poz. 791 and 793, No 176, pos. 1243, Nr 181, pos. 1288, No. 191, pos. 1361 and 1367, No 192, pos. 1378 i Nr 211, poz. 1549 and 2008 Nr 97, pos. 623, No. 141, pos. 888, Nr 143, poz. 894, Nr 209, poz. 1316, Nr 220, pos. 1431 and 1432 and No. 223, pos. 1459.

⁸⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 143, pos. 1202 and No 183, pos. 1538, 2006 Nr 104, pos. 708 and 711 and No. 157, pos. 1119, 2007 No 17, pos. 95 and 2008 No. 180, pos. 1109.

⁹⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 67, pos. 411, No. 70, pos. 416, Nr 180, pos. 1112, Nr 227, poz. 1505 and Nr 228, pos. 1507.

¹⁰⁾ The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1787, 2002 No. 153, pos. 1271, Nr 213, poz. 1802 i Nr 240, poz. 2052, 2003 Nr 188, pos. 1838 and Nr 228, pos. 2256, of 2004 Nr 34, pos. 304, Nr 130, pos. 1376, No. 185, pos. 1907 and No. 273, pos. 2702 and 2703, 2005 No 13, pos. 98, Nr 131, poz. 1102, No 167, pos. 1398, Nr 169, poz. 1410, 1413 and 1417, Nr 178, pos. 1479 and No. 249, pos. 2104, 2006 No. 144, pos. 1044 and No. 218, pos. 1592, 2007 Nr 25, pos. 162, Nr 64, poz. 433, No. 73, pos. 484, No. 99, pos. 664, No. 112, pos. 766, Nr 136, poz. 959, Nr 138, pos. 976, No. 204, pos. 1482 i Nr 230, poz. 1698 and 2008 No. 223, item. 1457.

¹¹⁾ Amendments to the text of the single law have been announced in the Dz. U. 2007 No 17, pos. 95, No 21, pos. 125, No 112, pos. 769, Nr 115, poz. 791, 793, and 793 and No 176, pos. 1243 and 2008 Nr 63, poz. 394, Nr 67, poz. 411, No. 141, pos. 888, Nr 171, pos. 1056, Nr 209, poz. 1318, Nr 220, poz. 1417 and 1418 and No. 227, pos. 1505.

¹²⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355, of 2005 Nr 167, pos. 1397 i Nr 169, poz. 1412 and 1421, 2006 Nr 104, pos. 708 and 711 and No. 208, pos. 1534, 2007 No 17, pos. 95, Nr 82, pos. 558, Nr 191, poz. 1368 i 1369 i Nr 200, poz. 1445 and 2008 Nr 67, pos. 411 and No. 192, pos. 1180.

¹³⁾ The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1787, 2002 No. 153, pos. 1271, Nr 213, poz. 1802 i Nr 240, poz. 2052, 2003 Nr 188, pos. 1838 and Nr 228, pos. 2256, of 2004 Nr 34, pos. 304, Nr 130, pos. 1376, No. 185, pos. 1907 and No. 273, pos. 2702 and 2703, 2005 No 13, pos. 98, Nr 131, poz. 1102, No 167, pos. 1398, Nr 169, poz. 1410, 1413 and 1417, Nr 178, pos. 1479 and No. 249, pos. 2104, 2006 No. 144, pos. 1044 and No. 218, pos. 1592, 2007 Nr 25, pos. 162, Nr 64, poz. 433, No. 73, pos. 484, No. 99, pos. 664, No. 112, pos. 766, Nr 136, poz. 959, Nr 138, pos. 976, No. 204, pos. 1482 i Nr 230, poz. 1698 and 2008 No. 223, item. 1457.

¹⁴⁾ The amendments to the said Act were announced in Dz. U. of 2002. No. 241, item. 2074, 2003 Nr 83, pos. 760 and No. 223, pos. 2217, 2004 Nr 99, pos. 1001, Nr 121, poz. 1264, No. 187, pos. 1925 and No. 210, pos. 2135, of 2005. Nr 164, pos. 1366 and 2007. Nr 115, pos. 792.

¹⁵⁾ The amendments to the said Act were announced in Dz. U. 2003 r. No. 170, pos. 1651, 2004 Nr 93, pos. 891 i Nr 96, poz. 959, of 2005 Nr 48, poz. 447, Nr 83, poz. 719, Nr 143, poz. 1204 and No 163, pos. 1362, of 2006 Nr 157, poz. 1119, Nr 170, poz. 1217 and No. 249, pos. 1832 and 2007 No. 82, pos. 557 and No. 171, pos. 1206.

¹⁶⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 143, pos. 1202 and No 183, pos. 1538, 2006 Nr 104, pos. 708 and 711 and No. 157, pos. 1119, 2007 No 17, pos. 95 and 2008 No. 180, pos. 1109 and No. 228, pos. 1507.

¹⁷⁾ The amendments to the said Act were announced in Dz. U. 2003 r. No. 170, pos. 1651, 2004 Nr 93, pos. 891 i Nr 96, poz. 959, of 2005 Nr 48, poz. 447, Nr 83, poz. 719, Nr 143, poz. 1204 and No 163, pos. 1362, of 2006 Nr 157, poz. 1119, Nr 170, poz. 1217 and No. 249, pos. 1832, 2007 No. 82, pos. 557 and No. 171, pos. 1206 and 2008 No. 228, pos. 1507.

[ 1] Article 1, point 1, in the version set by the Article. 9 point 1 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 2] Article 3 (2), repealed by Article 3. 9 point 2 (a) (a) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 3] Article 3, point 3, in the version set by the Article. 9 point 2 (a) (b) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 4] Article 3 (4a) by Article 3 (a) of the EC 9 point 2 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 5] Article 3 (6), repealed by Article 3. 9 point 2 (a) (d) the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 6] Article 3, point 8, repealed by Article 3. 9 point 2 (a) (e) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 7] Article 3, point 9, repealed by Article 3. 9 point 2 (a) (e) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 8] Article 3 (10), repealed by Article 3. 9 point 2 (a) (e) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 9] Article 7 (1) 1 in the wording set by Article 1. 9 point 3 (a) (a) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 10] Article 7 (1) 3 in the version set by the Article. 9 point 3 (a) (b) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 11] Article 7 (1) 3a repealed by Article 3. 9 point 3 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 12] Article 7 (1) 4 repealed by Article 9 point 3 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 13] Article 8, point 2, in the version set by the Article. 9 point 4 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 14] Article 9, as amended by Article 9, 9 point 5 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 15] Article 10, repealed by Article 10. 9 point 6 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 16] Article 11, in the version set by the Article. 9 point 7 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 17] Article 14 (1) 1 repealed by Art. 9 point 8 (a) (a) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 18] Article 14 (1) 2 repealed by Art. 9 point 8 (a) (a) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 19] Article 14 (1) 3 repealed by Art. 9 point 8 (a) (a) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 20] Article 14 (1) 4 in the version set by the Article. 9 point 8 (a) (b) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 21] Article 14 (1) 5 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 22] Article 14 (1) 6 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 23] Article 14 (1) 7 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 24] Article 14 (1) 8 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 25] Article 14 (1) 9 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 26] Article 14 (1) 10 repealed by Art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 27] Article 14 (1) 11 repealed by art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 28] Article 14 (1) 12 repealed by art. 9 point 8 (a) c) of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 29] Article 15 (1) 2 repealed by Art. 9 point 9 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 30] Article 16, repealed by Article 16. 9 point 10 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 31] Article 17, repealed by Article 17. 9 point 10 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 32] Art. 17a added by art. 9 point 11 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 33] Article 18 repealed by Article 18. 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 34] Article 19, repealed by Article 19. 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 35] Article 20, repealed by Article 20. 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 36] Article 21, repealed by Article 21. 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 37] Article 22 repealed by Article 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 38] Article 23 repealed by Article 23. 9 point 12 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 39] Article 24, as amended by Article 4 (2), 9 point 13 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 40] Article 25 (1) 5 repealed by Art. 9 point 14 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 41] Article 26 (1) 1a. repealed by Article 9 point 15 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 42] Article 26 (1) 2 repealed by Art. 9 point 15 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 43] Article 27 repealed by Article 27. 9 point 16 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 44] Article 28 repealed by Article 28. 9 point 16 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 45] Article 29, repealed by Article 29. 9 point 16 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.

[ 46] Article 30a, as set out by Article 3. 9 point 17 of the Act of 6 December 2013. to amend certain laws in relation to the definition of the rules for the payment of pensions from the funds collected in the open pension funds (Journal of Laws of the European Union, 1717). The amendment came into force on 1 February 2014.