The Act Of 19 December 2008 On Pensions Bridging

Original Language Title: USTAWA z dnia 19 grudnia 2008 r. o emeryturach pomostowych

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Chapter 1 General provisions Article. 1. [range] 1. The law specifies: 1) the conditions for the acquisition and loss of the right to pensions and compensation by some workers in specific conditions or of a special nature, hereinafter referred to as "bridging pensions", referred to in article 1. 24 paragraph. 2 and 3 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (Journal of laws of 2004, no. 39, item 353, as amended. 2)), hereinafter referred to as the "law on pensions and pensions from the FUS";

2) types of work in special conditions, and the work of a special nature, which includes bridging pensions;

3) rules of conduct in matters of pensions bridging;

4) Organization and operating principles of the bridging Pensions Fund;

5) principles and mode of payment of contributions to the Pension Fund Bridging and bridging pensions financing rules and compensation;

6) the responsibilities of the social insurance contribution payers and to create and keep a central register and the list of jobs in specific conditions, or of specific character and central register and registration of workers performing work under specific conditions or of a special nature.

2. the payment of the bridging pensions is guaranteed by the State.

Article. 2. [Definitions] used in this Act shall mean: 1) the scheme-the OU social insurance, the right to issue decisions on benefits, as set out in the Act of 13 October 1998 on the social insurance system (Journal of laws of 2007. # 11, item 74, as amended. 3));

2) the payer contributions-employer, referred to in article 2. Article 4, point 2 (a). and the Act of 13 October 1998 on the social insurance system, and the insured person, as referred to in article. Article 4, point 2 (a). (d) Act of 13 October 1998 on the social insurance system;

3) – the insured person referred to in art. 6 paragraph 1. 1 paragraph 1 and article. 8 paragraph 1. 1, 2a. 6 paragraph 2 of the Act of 13 October 1998 on the social insurance system, subject to the pensions insurance for work in specific conditions or of a special nature, as well as the insured, who before the date of entry into force of the Act in respect of such employment subject to social insurance or supply of pension schemes;

4) entitled – an established right to retirement pension bridging;

5) compensation-compensation for loss of entitlement to an early retirement pension in respect of employment under special conditions or specific character for people who do not acquire the right to retirement pension bridging.

Article. 3. [Work in special conditions, as well as the work of a special nature] 1. [1] the work of the particular conditions of work associated with risk factors, that age may likely cause permanent damage to health, performed under specific conditions in the working environment, determined forces of nature or technological processes, which, despite the use of technical, organisational and medical prevention put before the staff requirements in excess of the level of their capabilities, limited as a result of the aging process before reaching retirement age to the extent impeding their work on current position; the list of works under specific conditions set out in the annex No. 1 to act.

2. [2] risk factors, referred to in paragraph 1. 1, are associated with the following types of work: 1) under specific conditions determined forces of nature: a) work underground, b), c), (d)) works in the air;

2) under specific conditions determined technological processes: a) works in the conditions of a microclimate of hot-work performed in public areas, in which the value of the thermal load indicator WBGT is 28 ° c and above, the value of the metabolic rate of the employee over 130 W/m2, b) works under a cold microclimate – work performed in air temperature below 0 ° c, c) very heavy physical work-work causing during the work shift effective energy expenditure in men-over 8400 kJ and in women-more than 4600 kJ, d) work under conditions of high atmospheric pressure, e) heavy physical work related to very large static load resulting from having to work in a forced, unchanging position of the body; with the heavy physical work it works causing during the work shift effective energy expenditure in men-over 6300 kJ, and in women-over 4200 kJ, and work in forced body position is a work requiring a significant tilt and (or) back sprains while putting force in excess of 10 kG for men and 5 for women (according to the methods OWAS item category 4) by at least 50% of the work shift.

3. [3] the work of a special nature is the work requiring special responsibility and special psychophysical performance, where the ability to discharge in a way that does not endanger public security, including the health or life of other persons, before retirement age as a result of the deterioration of psychophysical efficiency, associated with aging; a list of the work of a special nature set out in annex 2 to the Act.

4. For workers performing work under specific conditions it is believed workers after the date of entry into force of the Act, working full time, the work referred to in paragraph 1. 1.5. For workers carrying out the work of a special nature it is believed workers after the date of entry into force of the Act, working full time, the work referred to in paragraph 1. 3.6. For workers performing work under specific conditions it is also considered the insured in respect of the activities of the creative or artistic professional dancers, performing after the date of entry into force of the Act work with very severe physical exertion.

7. workers performing work under specific conditions or of specific character are also considered persons before the date of entry into force of the law works under specific conditions or specific character, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3 of the Act or article. 32 and article. 33 of the law on pensions and pensions with FUS.



Chapter 2 conditions for the acquisition and loss of the right to a pension and compensation of the bridging Article. 4. [conditions for entitlement to the bridging pensions] the right to a pension bridge, taking into account article. 5-12, a worker who satisfies the following conditions: 1) was born after 31 December 1948;

2) has a period of work in special conditions, or of specific character of at least 15 years;

3) has attained the age of at least 55 years for women and 60 years for men;

4) has a contributory and non-contributory, established on the principles referred to in article 1. 5-9 and article. 11 of the law on pensions and pensions with FUS, which shall be at least 20 years for women and 25 years for men;

5) [4] before 1 January 1999 he performed the work in special conditions, or work in a specific character, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3 of the Act or article. 32 and article. 33 of the law on pensions and pensions with FUS;

6) after 31 December 2008. performed work under specific conditions or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3;

7) occurred with the termination of employment.

Article. 5. [the conditions of entitlement to a pension by the worker in the air on aircraft working in specific conditions] mobile worker in the air on aircraft working in specific conditions set out in paragraph 25 of annex 1 to this Act or of a special nature listed in point 1 of annex 2 to this Act, that meets the conditions of article 81(3). 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 50 years for women and at least 55 years for men;

2) has a work period under specific conditions set out in paragraph 25 of annex 1 to this Act or a period of work of a special nature mentioned in point 1 of annex 2 to this Act, which shall be at least 15 years;

3) has obtained a decision on incapacity for work in the specific conditions set out in paragraph 25 of annex 1 to this Act or of specific character mentioned in point 1 of annex 2 to this Act, within the meaning of article 3. 105-107 of the law of July 3, 2002-aviation law (Journal of laws of 2006, no. 100, item. 696, as amended. 4)).

Article. 6. [Conditions of entitlement to a pension by the worker in the maritime ports work under specific conditions] worker in marine ports and supporting enterprises acting on behalf of these ports, hereinafter referred to as "sea ports", works in the special conditions, referred to in paragraph 21 of annex 1 to this Act, or of a special nature, mentioned in paragraph 12 of annex 2 to this Act, that meets the conditions of article 81(3). 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 55 years old;

2) has a period of activity in sea ports under specific conditions set out in paragraph 21 of annex 1 to this Act or of specific character mentioned in point 12 of annex 2 to this Act, which shall be at least 15 years.


Article. 7. [the conditions of entitlement to a pension by the worker in the steel industry work in special conditions] mobile worker in the steel industry work under specific conditions listed in paragraphs 4 to 12 of annex 1 to this Act, that meets the conditions of article 81(3). 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 55 years old;

2) has a period of work in special conditions in the steel industry referred to in paragraphs 4 to 12 of annex 1 to this Act, which shall be at least 15 years;

3) doctor of occupational medicine has issued a decision on incapacity for work in the specific conditions listed in paragraphs 4 to 12 of annex 1 to this Act.

Article. 8. [the conditions of entitlement to a pension by the employee performing the work in high pressure conditions, the work of fishermen and work associated with processing and asbestos removal] worker works under specific conditions listed in paragraphs 20, 22 and 32 of annex 1 to this Act, that meets the conditions of article 81(3). 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 50 years for women and at least 55 years for men;

2) has a period of work in specific conditions listed in paragraphs 20, 22 and 32 of annex 1 to this Act, which shall be at least 10 years.

Article. 9. [the conditions of entitlement to a pension by the employee performing the work the driver traction] worker works drivers traction vehicles listed in paragraph 5 of annex 2 to this Act, that meets the conditions of article 81(3). 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 50 years for women and at least 55 years for men;

2) has a job as a machinist traction mentioned in point 5 of annex 2 to this Act, which shall be at least 15 years;

3) doctor of occupational medicine has issued a judgment about the inability to perform the work as the driver traction.

Article. 10. [conditions for entitlement to a retirement pension by a member of the professional mountain rescue teams] a member of the professional mountain rescue teams, who satisfies the conditions referred to in article 1. 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 50 years for women and at least 55 years for men;

2) has a period of service as a member of the professional mountain rescue teams, which shall be at least 10 years.

Article. 11. [Conditions of entitlement to a pension by the employee performing the mining] mining worker referred to in article 1. 50 c of the law on pensions and pensions with FUS, who satisfies the conditions referred to in article 1. 4, paragraph 1, 4-7, acquires the right to a pension if the bridging: 1) has attained the age of at least 55 years for women and 60 years for men;

2) has a mining operation, referred to in article 1. 50 c of the law on pensions and pensions with FUS, which shall be at least 15 years.

Article. 12. [setting the work period under specific conditions or of a special nature] in determining the work period under specific conditions or specific character, as referred to in article. 4-11, no account shall be taken of periods of inactivity for which the employee received remuneration or benefit from social insurance sickness and maternity benefits.

Article. 13. [Pension bridging and a pension specified in the rules about pension zaopatrzeniach] 1. Soldiers, police officers, the Office of State protection, the internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, the prison service and the State fire service are entitled to a bridging pension as referred to in article 1. 4 If you do not meet the conditions for entitlement or lost pension rights referred to in the provisions on retirement pension.

2. in determining the right to pension bridging to persons referred to in paragraph 1. 1, periods of service of such persons shall be treated on an equal footing with periods of work in special conditions, or of a special nature, according to the article. 3 paragraphs 1 and 2. 4-7.

Article. 14. [bridging pension] 1. Retirement transition is equivalent to the amount that results from dividing the base the calculation of retirement pension, determined as specified in article 4. 25 of the law on pensions and pensions with FUS, the average life expectancy for people 60 years of age, established according to the in force at the date of filing of the application for the bridging pensions life expectancy tables referred to in article 1. 26 of the law on pensions and pensions with FUS.

2. If the employee is a member of the open Pension Fund, in determining the basis for the calculation of pensions, contributions to the pension insurance, checked in on his account in the establishment of social security, hereinafter referred to as the "Establishment", is increased by multiplying the reverse indicator 19,52/12.22 inches, which is the ratio of the full amount of the contributions to the pension insurance for the amount of checked-in to the account of the insured person.

3. the amount of the bridging pension may not be less than the amount of the lowest old-age pension referred to in article 1. 85 the law on pensions and pensions with FUS.

4. If, after the date from which it has been granted a bridging pension, pensioner insurance pension schemes and pension system, the amount of the pension is determined again a bridging on the principles set out in article 1. 108 of the law on pensions and pensions with FUS.

5. Retirement transition is subject to adjustment under the terms and within the time limits provided for in article benefits adjustment. 88, art. 89. 93 of the law on pensions and pensions with FUS.

Article. 15. [entitlement to bridging pensions] 1. The right to a pension with effect from the required conditions is formed a bridge to acquire this right.

2. in the case of sickness allowance or rehabilitation benefits, the right to a retirement pension on the date of the cessation arises the bridging allowance or benefit.

Article. 16. [Cessation bridge pension rights] the right to a retirement pension shall cease: 1) on the bridge prior to the date of acquisition of the right to a pension, which is fixed by decision of the authority scheme or another authority pension scheme, specified in separate regulations;

2) [5] achievements by retirement age, as referred to in article. 24 paragraph. 1A and 1b of the law on pensions rach and pensions with FUS, if there is no right to a pension established by decision of the authority scheme or another authority pension scheme, specified in separate regulations;

3) the death of the holder.

Article. 17. [suspension of the right to a pension or a bridging reduction] 1. The right to a retirement pension shall be suspended or the pension bridge is reduced on the principles referred to in article 1. 103 para. 3 and art. 104-106 of the law on pensions and pensions with FUS.

2. If the total amount of income eligible outnumbered in the calendar year concerned the amount of the limit of income by an amount lower than the amount unduly collected benefits, reimbursement of this amount shall not be made if the entitled makes a payment on Bridging Pensions Fund, referred to in article 2. 29, an amount equal to the amount of this excess, less the amount taken advance on income tax from natural persons. Authority of the scheme shall inform the holder about the possibility to avoid refund the amount unduly collected benefits if there are indicated payment on Bridging Pensions Fund and set a time-limit for the deposit.

3. If not made within the prescribed deposit referred to in paragraph 1. 2, the scheme is the return of unduly collected bridging pensions on the principles referred to in article 1. 138 – 144 of the law on pensions and pensions with FUS.

4. The right to a pension bridge is suspended regardless of the amount of the revenue obtained in the case of the authorized work under specific conditions or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3.

Article. 18. [the survivor's pension and allowance for orphans complete family members authorized] 1. In the event of the death of an eligible family members shall be entitled to a survivor's pension and orphan's complete on the principles referred to in article 1. 65-74, art. 76, art. 103 para. 3, art. 104-106 and article. 107a of the law on pensions and pensions with FUS.

2. in the event of death of the person who proposed a specific Act, the benefits payable to the date of death shall be paid to the spouse, children, with whom she shared household, and, in the case of their absence, to the spouse and children, with which that person did not have a common household, and in their absence, other members of the family who are entitled to a survivor's pension or maintain was this person.

3. the persons referred to in paragraph 1. 2 have the right to participate in further proceedings the uncompleted benefits as a result of the death of the person, which of these benefits.

4. The claim for payment of the benefits referred to in paragraph 1. 2, expire after 12 months from the date of death of the person entitled to benefits, unless before the expiry of that period requested will be an application for the continuation of the proceedings.

Article. 19. [Appendix care] To bridging pensions shall be entitled to an allowance on the basis of care and in the amount specified in the article. 75 of the law on pensions and pensions with FUS.

Article. 20. [funeral] Person, which covered funeral expenses after death: 1), 2) a family member of the authorized is entitled the funeral on the principles referred to in article 1. 77 – 81 and art. 99 of the law on pensions and pensions with FUS.




Chapter 3 of the compensation Article. 21. [Compensation] 1. [6] the insured person is entitled to Compensation, if the duration of the work under specific conditions or specific character within the meaning of the provisions of the law on pensions and pensions with FUS, which shall be at least 15 years.

2. compensation shall not be entitled to a person who has acquired the right to old-age pension on the basis of the provisions of the law on pensions and pensions with FUS.

Article. 22. [compensation] 1. Compensation shall be equal to the amount calculated according to the formula: R = 64.32 * K * X where: R means the amount of the compensation, the K-means the amount calculated according to the rules set out in the provisions of art. 174 of the law on pensions and pensions with FUS, X-factor, calculated according to the formula as referred to in paragraph 1. 2.2. X factor that specifies what portion of the requirements for early retirement was met by 31 December 2008 shall be calculated according to the following formula: 1) in the case of women: 2) in the case of men: where: So-means periods of contributory and non-contributory within the meaning of the Act on pensions and pensions with FUS, achieved before 1 January 2009, Sw-means the period before 1 January 2009, work in special conditions, or of specific character within the meaning of the provisions of the law on pensions and pensions of FUS, Ws-means lowered the retirement age within the meaning of the provisions of the law on pensions and pensions with FUS, means the age of the insured person on December 31, 2008. in terms of full years rounded up.

3. If the value of any of the fractions, referred to in paragraph 1. 2, exceeds 1, it is assumed that this value is 1.

Article. 23. [determination of the compensation] 1. Determination of the compensation is at the request of the insured person at retirement.

2. compensation shall be granted in the form of a supplement to the initial, referred to in the provisions of art. 173. 174 of the law on pensions and pensions with FUS.



Chapter 4 of the rules of conduct in matters of pensions bridging Article. 24. [the proceedings on bridging pensions] proceedings on bridging pensions shall be initiated at the request of an employee requested either directly or via the payer contributions within the scheme.

Article. 25. [decision on a bridging pension] 1. A decision on a bridging pension issue and retire this pays: 1) the scheme competent for the place of residence of the employee;

2) appointed by the President of the Establishment authority scheme for employees: a) residing outside the Republic of Poland in the State with which the Republic of Poland combines an international agreement in the field of social security, (b)) that when determining the contribution period and includes non-contributory periods referred to in article 1. 8 of the law on pensions and pensions with FUS;

3) body scheme competent for the last place of residence of the employee in the Republic of Poland, if the employee is resident outside the Republic of Poland, in the State with which the Republic of Poland does not connect an international agreement in the field of social security.

2. A decision on a bridging pension may be appealed to the Court, on the principles set out in article 1. 83 of the Act of 13 October 1998 on the social insurance system, hereinafter referred to as the "law on social insurance system".

Article. 26. [the payment of bridging pension] 1. A bridging pension shall be paid per calendar month the time limits and under the conditions laid down for the payment of pensions referred to in article 1. 129. 130. 132-135. 136A paragraph. 2 and art. 136b of the law on pensions and pensions with FUS.

2. the amount of the bridging pensions for incomplete month shall be determined by dividing the amount of the pension by the number of calendar days in the month, and the resulting amount multiplied by the number of calendar days, for which a pension is entitled to.

Article. 27. [combination of bridging pension rights with other permissions] in concurrence a bridging pension rights with the right to a survivor's pension, salaries at rest, pre-retirement allowance, pre-retirement or other provision of a retirement or disability pension, determined on the basis of separate laws, have only one of these benefits is higher or selected by the holder.

Article. 28. [the application of the law on pensions and pensions with FUS] 1. In dealing in matters of bridging pension shall apply mutatis mutandis the provisions of art. 114. 116-128a of the law on pensions and pensions with FUS.

2. in the proceedings on the refund of unduly collected bridging pension, execution and deductions shall apply mutatis mutandis the provisions of article 4. 138 – 144 of the law on pensions and pensions from the FUS and the provisions of art. 84 of the Act on social insurance system.



Section 5 organization and principles of operation of the bridging Pensions Fund Article. 29. [Bridging Pensions Fund] 1. Creates a Bridging Pension Fund, hereinafter referred to as "FEP", which is the State Fund it set up in order to finance pensions bridging.

2. Have the FEP is the bet.

Article. 30. [Income FEP] 1. FEP revenue come from: 1) with contributions on the FEP;

2) from the State budget;

3) interest bank accounts FEP;

4) interest on defaulted paid premiums for FEP;

5) with the additional levy referred to in article 1. 40(2). 2;

6) from repayment of unduly collected benefits together with interest;

7) from the investment of available funds FEP;

8) with the deposit referred to in art. 17 paragraph 1. 2;

9) with other titles.

2. Contribution of the FEP FEP revenue includes in the month following the month for which the contribution is due.

Article. 31. [Subsidies from the State budget for FEP] 1. Within the limits set out in the budget law FEP receives from the State budget subsidies.

2. Grants may be intended exclusively to finance the expenditure referred to in article 1. 32. Article. 32. [Purpose funds in FEP] 1. With funds in FEP shall be financed: 1) bridging pension payments;

2) interest for late payment of the bridging pensions;

3) a copy of which is the reverse of the plant.

2. the amount of the deduction referred to in paragraph 1. 1, paragraph 3, shall be fixed annually in the budget law on the basis of a financial plan, FEP; a copy is to be deducted on a monthly basis.

3. benefits referred to in article 1. 18-20, are financed from the social insurance fund referred to in article 1. 51-56 of the law on social insurance system.

Article. 33. [the Board Establishment] 1. The Board of the plant: 1) shall draw up a draft annual financial plan FEP as specified in the provisions on work on the project of the State budget and after a favourable opinion from the Supervisory Board of the establishment shall submit it to the Minister competent for social security;

2) shall draw up an annual report on the implementation of the financial plan, FEP and after a favourable opinion from the Supervisory Board of the establishment shall submit them to the Minister competent for social security;

3) shall draw up an annual report financial and statutory auditor a favourable opinion from the FEP that is not an employee of the establishment shall submit them to the Minister competent for social security.

2. the Management Board shall draw up a Plant for FEP forecast revenue and expenditure the FEP for the subsequent 5 financial years in accordance with the rules referred to in article 1. 61 paragraph 1. 1 and 2 of the Act on social insurance system.

3. The selection of the auditor referred to in paragraph 1. 1, paragraph 3, the Supervisory Board of the plant.

Article. 34. [free agents FEP] 1. Free agents FEP can be invested only in bank deposits, in securities issued by the Treasury, and in units of participating money market funds, referred to in article 1. 178 of the Act of 27 May 2004 on investment funds (OJ No 146, item 1546, as amended., 5)), unless the Council of Ministers, on a proposal from the President of the establishment, shall allow for the placement of funds in any other way.

2. with respect to the placement of the FEP measures shall apply mutatis mutandis the rules to invest the resources of the Fund of social security referred to in article 1. 56 of the law on social insurance system.



Chapter 6 Principle and mode of payment of contributions to the Pension Fund Bridging and bridging pensions financing rules Article. 35. [contributions to the FEP] 1. FEP contributions to pay for an employee who meets the following conditions: 1) was born after 31 December 1948;

2) performs work under specific conditions or specific character, as referred to in article. 3 paragraphs 1 and 2. 1 and 3.

2. The obligation to pay contributions to the FEP for the employee referred to in paragraph 1. 1, from the date of commencement of the performance of work under specific conditions or of a special nature, and cease on the date of cessation of performing these works.

3. the contribution Payer is obliged to pay contributions to the FEP for the mobile worker mining, which has obtained the right to bridging pensions on the basis of article. 11, for the duration of the mining activities, referred to in article 1. 50 c of the law on pensions and pensions with FUS, not earlier than for the period from 1 January 2010.

4. Contributions to the FEP from salaries exempt from professional soldiers or officers, referred to in article 1. 13, paid after 31 December 2009 to the date of release from service, it pays on the principles and as specified in separate regulations for the contributions to the pension scheme provided for soldiers or officers are exempt from service.

Article. 36. [the rate of premiums for FEP] 1. The rate of contribution to the FEP is 1.5% of the calculation basis.


2. The basis for the contribution to the FEP is the basis of assessment contributions to the pension scheme referred to in article 2. 18 paragraph 1. 1-2. 8, and in article 1. 21 of the Act on social insurance system.

3. In determining the contribution base for FEP shall apply the limitation referred to in art. 19 paragraph. 1 of the law on social insurance system.

4. Contribution to the FEP is funded entirely by the payer.

Article. 37. [Calculation, billing and paying premiums for FEP] 1. FEP contribution calculated, settles and pays every month, payer contributions.

2. FEP contribution payer contributions accounted for in the statement of account referred to in article 1. 46 paragraph 1. 2 of the Act on social insurance system.

3. The contribution of the FEP payer pays contributions within the time limit referred to in article 1. 47 of the law on social insurance system for the payment of social security contributions.

Article. 38. [transfer of information about an employee] 1. Payer contributions passes information about the employee, for which he was required to pay contribution on FEP, containing the following data: 1) surname and given name, 2) date of birth, SOCIAL SECURITY number) 3, and if the employee has not been given social security number-series and number of the identity card or passport, 4) a period of work in special conditions, or of a special nature, 5) code work in special conditions, or of specific character referred to in article 69. 33 of the Act on social insurance system – hereinafter referred to as the "Declaration of data about work in special conditions, or of specific character".

2. the notification data for work in special conditions, or of specific character the payer contributions passes to the plant by 31 March of the calendar year for the previous calendar year.

3. in the case of an employee with a request for the grant of a bridging pension, reporting data on work in special conditions, or of a special nature in a given calendar year, payer contributions passes to the plant within 7 days from the date of filing of the application.

4. If a request for the grant of a bridging pension an employee occurs before reporting for work in special conditions, or of a special nature for the previous calendar year, within the period referred to in paragraph 1. 3, payer contributions passes to the plant also reporting for the previous calendar year.

5. in the event of the bankruptcy or liquidation of the payer contributions reporting on work in special conditions, or of a special nature in a given calendar year the payer contributions passes to the establishment no later than the date of the transfer document unregister payer contributions.

6. In the event of the bankruptcy or liquidation of the payer contributions before passing the data declarations about working in specific conditions or specific character for the previous calendar year, within the period referred to in paragraph 1. 3, payer contributions passes to an establishment also notification for the previous calendar year.

Article. 39. [the obligation to provide for the establishment of the correction data declaration of work in special conditions, or of a special nature] 1. Payer contributions must pass to the corrective Facility reporting data about working in specific conditions or of a special nature, in the form of a new notification containing all valid data referred to in article 1. 38 paragraph 2. 1, hereinafter referred to as "the amending notification", if necessary correction for the data given in the notification in the case of irregularities by: 1) the payer's own contributions;

2);

3) the competent authority of the State labour inspection.

2. the contribution Payer is obliged to pass the correction request within 7 days from the date of the irregularities themselves or receive a notice of confirmation of irregularities by the establishment or the competent authority of the State labour inspection.

3. If the need for the correction given in the notification data for work in special conditions, or of specific character is the result of irregularities by the Company by way of: 1) decision-correction request should be submitted not later than 7 days after the decision has become final;

2) control-correction application should be submitted not later than 30 days from the date of receipt of the control protocol.

4. Reporting of data about work in special conditions, or of specific character and memos application shall be in the same form as the payer of contributions in respect of insurance documents referred to in article 1. 34 – 36, art. 41, art. 43, art. 44 and article. 46-48b of the Act on social insurance system.

5. the Company shall be made ex officio reporting data about working in specific conditions or of a special nature and corrects the errors in it, in the absence of the possibility of obtaining the Declaration or notification of the correction from the payer, if it has data for drawing up this report.

6. Copies of the data notification of work in special conditions, or of a special nature and correcting application payer contributions shall keep for a period of 5 years from the date of its transfer to the permanent establishment, in the form of a document written or electronic.

Article. 40. [delay in paying premiums for FEP] 1. From unpaid within the FEP contributions are payable by the payer contributions interest for late payment, on the terms and in the amount specified in the law of 29 August 1997 – tax (Journal of laws of 2005, No. 8, item 60, as amended. 6)), if the amount exceeds € 6.60.

2. in the event of non contributions to the FEP or pay for them appears on the amount Bet may impose an additional charge premiums to the payer to a height of 100% of the unpaid contributions.

3. A decision on the assessment of additional charges, shall be subject to appeal to the Court, on the principles set out in article 1. 83 of the law on social insurance system.

4. Contributions to the FEP and the interest for late payment, reminder costs and extra, unpaid within: 1) are subject to downloading, 2) are barred, 3) shall discontinue in whole or in part – on the principles referred to in article 1. 24-28 and article. 31 of the Act on social insurance system.

5. At the request of the debtor Company may postpone the deadline for payment referred to in paragraph 1. 4 or distribute them, having regard to the possibility of payment of the debtor, as well as the FEP finances, on the principles referred to in article 1. 29 of the Act on social insurance system.

6. Amounts unduly paid premiums for FEP shall be repaid on the principles referred to in article 1. 24 paragraph. 6a – 6e, para. 7. 8 d the Act on the social insurance system.

7. In matters not regulated by the Act on premiums for FEP shall apply mutatis mutandis the provisions of Chapter 3 and 4 of the law on social insurance system.



Chapter 7 obligations of the social insurance contribution payers and to create and keep a central register and the list of jobs in specific conditions, or of specific character and central register and registration of workers performing work under specific conditions or of specific character Article. 41. [obligations of social insurance] 1. The undertaking is: 1) a central register of jobs that are executed work under specific conditions or of a special nature;

2) a central register of employees performing work under specific conditions or of a special nature, which is provided for the obligation to pay contributions to the FEP.

2. the central register of work stations, as referred to in paragraph 1. 1 paragraph 1, includes: 1) the payer;

2) number of workstations on which the work is performed under specific conditions or of a special nature.

3. the central register of employees referred to in paragraph 1. 1 paragraph 2, includes: 1) the payer;

2) data about an employee that is provided for the obligation to pay premiums for FEP: a) the surname and given name, (b)) date of birth SOCIAL SECURITY number, c), (d)) the series and number of the identity card or passport;

3) code work in special conditions, or of specific character;

4) a period of work in special conditions, or of a special nature.

4. the payer shall keep premiums: 1) a list of the jobs that are performed the work in special conditions, or of specific character;

2) records of employees performing work under specific conditions or of a special nature, which is provided for the obligation to pay contributions to the FEP, containing the information referred to in paragraph 1. 3 paragraph 2.

5. contribution Payer is obliged to notify employees of an entry in the records referred to in paragraph 1. 4.6. In the case of wrongly placed in the records of workers performing work under specific conditions or of a special nature, which is provided for the obligation to pay contributions to the FEP, the employee shall be entitled to appeal to the State Labour Inspectorate.

7. Information on the number of jobs in the specific terms and conditions of specific character the payer contributions passes to the permanent establishment in the Declaration of account referred to in article 1. 46 of the law on social insurance system within the transmission of this Declaration.


8. information concerning the employees placed in the records referred to in paragraph 1. 4, paragraph 2, payer contributions passes to the permanent establishment in the notification data for work in special conditions, or of a special nature for the calendar year no later than 31 March of the following calendar year.

Article. 42. [Providing information of the Tripartite Commission for socio-economic] 1. The competent Minister on social security shows the Tripartite Commission for socio-economic no later than 15 March and 15 September of each year, the information: 1) of the number of jobs that are executed work under specific conditions or of a special nature, on the basis of the data contained in the central registry of jobs that are executed work under specific conditions or of a special nature;

2) number of employees performing work under specific conditions or of a special nature, which is provided for the obligation to pay contributions to the FEP, on the basis of the data contained in the central registry of workers performing work under specific conditions or of a special nature.

2. The information referred to in paragraph 1. 1, will be presented for the years 2010-2014.



Chapter 8 changes to the existing Article. 43. [farmers ' Social Insurance Act] in the Act of 20 December 1990 on social insurance of farmers (Journal of laws 2008 No. 50, item 291, as amended. 7)) article. 6 paragraph 10 c is replaced by the following: "10 c) set out the right to pensions – understood to be fixed right to a retirement pension or invalidity pension insurance or set the right to pensions under the pension provisions, or other provisions on retirement pension, or established right to retirement pension bridging on the basis of the provisions on pensions bridging, and also established the right to pre-retirement allowance or pre-retirement granted on the basis of the provisions on employment promotion and labour market institutions and the provision of a scheme with foreign institutions; ".

Article. 44. [establishment Act Welfare Fund] in the law of 4 March 1994, the share of Welfare Fund (Journal of laws of 1996, no. 70, item. 335, as amended. 8)) article. 5 is amended as follows: 1) (2). 3 is replaced by the following: "3. the amount of the deduction on the employee performing the work in specific terms or work of a special nature – within the meaning of the provisions on pensions bridging, is 50% of the average monthly wage referred to in paragraph 1. 2. ";

2) (2). 6 shall be replaced by the following: "6. the competent Minister in charge of labour shall determine, by regulation, how to determine the average number of employees, in order to charge a copy of the Fund, taking into account in particular the number of persons employed in a given calendar year.".

Article. 45. [Act on the social insurance system] in the Act of 13 October 1998 on the social insurance system (Journal of laws of 2007. # 11, item 74, as amended. 9)) is amended as follows: 1) art. 32 shall be replaced by the following: "Article. 32. The contributions to the Labour Fund, the Fund of guaranteed employee benefits fund and the bridging Pensions and health insurance for: their collection, enforcement, the calculation of interest on arrears and the additional fee, penalty provisions, making the security on all real estate, separate satisfaction and transferable rights of the debtor, third party liability and the heirs and the application of reductions and cancellations shall apply mutatis mutandis the provisions concerning social security contributions. ";

2) article. 36 paragraph 1. 10 shall be replaced by the following: ' 10. Reporting to social security include, in particular, the following details of the person reported: the data referred to in article 1. 35 paragraph 1. 1 paragraph 1, first and second last name, first name, date of birth, maiden name, nationality and gender, title insurance, disability, having established his right to a pension or a survivor's pension, the address of permanent residence and address, if different from the address of permanent residence, mailing address, if different from the address of permanent residence and residence address. ";

3) article. 40 in the paragraph. 2 in paragraph 10 of the dot is replaced by a semicolon and the following point 11 is added: "11) periods of work in special conditions, or of a special nature, communicated in the notification data for work in special conditions, or of specific character, as referred to in the Act of 19 December 2008 on pensions bridging (Journal of laws No. 237. 1656). ";

4) article. 45 after paragraph 1, the following paragraph 1a shall be inserted: "1a) checks in to the number of employees, which is paid for contribution to the Bridging Pensions Fund;";

5) article. 46 in the paragraph. 4 the following point after point 6 6a – 6 c shall be inserted: ' 6a) the sum of the premiums on Bridging Pensions Fund;

6B) the number of employees, which is paid for contribution to the Bridging Pensions Fund;

6 c) the number of jobs in specific conditions or of a special nature; ";

6) article. 47: a) in paragraphs 1 and 2. 4 the following paragraph 5 shall be added: ' 5) Bridging Pensions Fund. ", (b)) (2). 14 shall be replaced by the following: "14. The provisions of this article shall apply mutatis mutandis to the contributions to the Labour Fund, the Fund of guaranteed employee benefits Fund Bridging Pensions and health insurance. ';

7) article. 49 paragraphs 1 and 2. 2 shall be replaced by the following: "2. the competent Minister of social security, by regulation, specify patterns: 1) leads to social security, 2) registered monthly reports and monthly reports of registered notes, 3) leads the payer contributions, 4) clearing and settlement declarations Declaration notes, 5) other documents necessary to the conduct of accounts and insured accounts contributions payers, 6) leads the data about the work in special conditions, or of specific character referred to in the Act of 19 December 2008 on pensions bridging, and work in special conditions, or of a special nature, taking into account the existing procedures for carrying out registers and lists in the social insurance system. ";

8) article. 76 in the paragraph. 1 after paragraph 1, the following paragraph 1a shall be inserted: "1a) a copy of the bridging Pensions Fund, referred to in the Act of 19 December 2008 on pensions bridging;";

9) article. 83 in paragraph 1. 1 after point 3 the following paragraph 3a is inserted: "3a) determine the contribution to Bridging Pensions Fund and their collection, as well as debt relief claims arising from these contributions;".

Article. 46. [the law on pensions and pensions from the social insurance fund] in the law of 17 December 1998 on pensions and pensions from the social insurance fund (Journal of laws of 2004, no. 39, item 353, as amended. 10)) is amended as follows: 1) article. 32: a) of paragraph 1. 2 shall be replaced by the following: "2. For the purpose of establishing the powers referred to in paragraph 1. 1, for workers employed in the special conditions shall be considered employees by the work of significant harm to the health and severely nuisance or requiring high psychophysical efficiency due to safety or the environment. ", (b)) (2). 4 shall be replaced by the following: "4. The retirement age, as referred to in paragraph 1. 1, the types of work or posts, and the conditions under which the persons mentioned in paragraph 1. 2 and 3 shall be entitled to a retirement pension shall be determined on the basis of the rules. ";

2) article. 184: a) of paragraph 1. 2 shall be replaced by the following: "2. The old-age pension referred to in paragraph 1. 1, have provided nieprzystąpienia to an open pension fund or submit an application for the transfer of the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget and the termination of employment, in the case of an insured person who is a worker. ", (b)) the following paragraphs. 3 shall be added: ' 3. When determining the basis for the calculation of the pension of the insured person who has made an application to transfer the funds in the account in an open Pension Fund on revenue of the State budget, contributions for pension insurance, checked in on his account at the plant, is increased by multiplying the reverse indicator 19,52/12.22 inches, which is the ratio of the full amount of the contributions to the pension insurance for the amount of checked-in to the account of the insured person. ".

Article. 47. [the law amending the law on pensions and pensions from the social insurance fund and the law-a teacher] in the law of 27 July 2005 amending the law on pensions and pensions from the social insurance fund and the law – Charter of the teacher (Journal of laws No. 167, poz. 1397 and from 2007 # 191, poz. 1369) article. 3 the following paragraph. 3 shall be added: ' 3. If the person referred to in paragraph 1. 1, to an open Pension Fund, to obtain a pension transfer request is mining the funds in the account in an open Pension Fund, via the social insurance, the income of the State budget. "

Article. 48. [Act on the State Labour Inspectorate] in the law of 13 April 2007 on State labour inspection (Journal of laws No. 89, item 589) is amended as follows: 1) article. 10 in paragraph 1. 1 after paragraph 9 the following point 9a is inserted:


"9a) control the records of workers performing work under specific conditions or specific character, as referred to in article. 41 paragraph 1. 4 paragraph 2 of the law of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), ";

2) after article. 11 the following article. 1 la shall be added: ' Article. 11A. the competent authorities of the State Labour Inspectorate are entitled to order the employer to put the worker in the records of workers performing work under specific conditions or specific character, as referred to in article. 41 paragraph 1. 4 paragraph 2 of the law of 19 December 2008 on pensions bridging, its removal from the records and to make adjustments to your entry in the register. ";

3) article. 33 in paragraphs 1 and 2. 1 paragraph 1 shall be replaced by the following: "1) it seems the decisions referred to in article 1. 11 point 1 to 4, 6 and 7 and art. 11A; ".



Chapter 9 transitional provisions, adjustments and final Art. 49. [the right to a pension bridge] the right to a pension are also entitled to the bridging to a person who: 1) after 31 December 2008. not working in specific conditions or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3;

2) meets the conditions set out in article 1. 4, points 1 to 5 and 7 and art. 5 – 12;

3) on the date of entry into force of the Act was required in the rules referred to in paragraph 2, the period of work in special conditions, or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3.

Article. 50. [first reporting data about working in specific conditions or of a special nature] 1. The first reporting data about working in specific conditions or specific character, as referred to in article. 38, payer contributions passes for 2010.

2. Passing a request referred to in paragraph 1. 1, payer contributions consists of the information listed in the article. 38 paragraph 2. 1 for the workers, who in 2009 performed the work in special conditions, or of a special nature, even when in 2010 does not do this work.

3. for the receipt of the notification and the information referred to in paragraph 1. 1 and 2, the payer of the contributions is required to issue certificates for periods of work in special conditions, or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3, after 31 December 2008 Provision art. 12 shall apply mutatis mutandis.

Article. 51. [certification of periods of work in special conditions, or of a special nature] contribution Payer is obliged to issue certificates for periods of work in special conditions, or of a special nature, within the meaning of article 3. 3 paragraphs 1 and 2. 1 and 3, for the periods due before 1 January 2009. the provision of article. 12 shall apply mutatis mutandis.

Article. 52. [the first forecast of revenue and expenditure FEP] First forecast of revenue and expenditure of the Fund Bridging Pensions for the next 5 fiscal years referred to in article 1. 33 para. 2, the Board shall draw up the Facility in 2012.

Article. 53. [sectoral Strategy] until 31 December 2014, the competent minister shall prepare a sectoral strategy work on the principles set out in the Act of 6 December 2006 on the basis of policy development (Journal of laws No. 227, poz. 1658, 2007 No. 140, item 984 and 2008 No 216, poz. 1370) concerning the promotion of employment and reintegration of persons performing for at least 15 years of work in special conditions, or of specific character , which shall not be entitled to the bridging pension.

Article. 54. [Finance bridging pension payments in 2009.] 1. In 2009, the payment of the bridging pensions are financed from the social insurance fund referred to in article 1. 51 of the Act on social insurance system.

2. Financing for the bridging pensions referred to in paragraph 1. 1, come from grants from the State budget.

Article. 55. [the provisions of previous] 1. The current Executive Act issued on the basis of article. 5. 6 of the Act, referred to in article 1. 44, retains power until the entry into force of the implementing Act issued on the basis of art. 5. 6 of the Act, referred to in article 1. 44, as amended by this Act, no more than 12 months from the date of entry into force of this Act.

2. The current Executive Act issued on the basis of article. 49 paragraphs 1 and 2. 2 of the Act, referred to in article 1. 45, retains power until the entry into force of the implementing Act issued on the basis of art. 49 paragraphs 1 and 2. 2 of the Act, referred to in article 1. 45, as amended by this Act, no more than 12 months from the date of entry into force of article. 45 point 7.

Article. 56. [Pension-disambiguation term] Whenever the provisions of separate is retired, it should be understood also a bridging pension.

Article. 57. [entry into force] [7] this Act shall enter into force on 1 January 2009, with the exception of: 1) art. 29-42, art. 45 (1) and 3-9 and art. 48, which shall enter into force on January 1, 2010;

2) art. 44, art. 47 and article. 55 paragraph 1. 1, which shall enter into force after 14 days from the date of the notice.



 

1) this Act is changing the law: the law of 20 December 1990 on social insurance of farmers, the Act of 4 March 1994, the share of the Welfare Fund, the law of 13 October 1998 on the social insurance system, the law of 17 December 1998 on pensions and pensions from the Fund of social insurance, the law of 27 July 2005 amending the law on pensions and pensions from the social insurance fund and the law – Charter of the teacher and the law of the of 13 April 2007 on State labour inspection.

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2004, no. 64, item. 593, no. 99, item. 1001, no. 120, item. 1252, no. 121, item. 1264, no. 144, item. 1530, no. 191, item. 1954, # 210, poz. 2135 and # 236, poz. 2355, with 2005 No. 167, item. 1397 and # 169, item. 1412 and 1421, 2006, no. 104, item. 708 and 711 and # 208, item. 1534, 2007 No. 17, item. 95, no. 82, item. 558, no. 191, item. 1368 or 1369 and # 200. 1445 and 2008 No 67, item. 411, no. 192, item. 1180 and No 228, item. 1507.3) a change in the consolidated text of the said Act were announced in the journal of laws of 2007. # 17, item. 95, no. 21, item. 125, no. 112, item. 769, no. 115, item. 791, 792 and 793 and # 176, item. 1243 and 2008 # 63, poz. 394, no. 67, item. 411, no. 141, item. 888, # 171, poz. 1056, no. 209, item. 1318, # 220, item. 1417 and 1418, no. 227. 1505, No 228, item. 1507 and # 237. 1654.4) amendments to the consolidated text of the said Act were announced in the journal of laws of 2006, no. 104, item. 708 and 711, no. 141, item. 1008, no. 170, item. 1217 and # 249, item. 1829, 2007 No. 50, item. 331 and # 82, item. 558 and 2008 No 97, poz. 625, No 144, item. 901, # 177, item. 1095, # 180, item. 1113 and # 227. 1505.5) amendments to the said Act were announced in the journal of laws of 2005, no. 83, item. 719, no. 183. 1537 and 1538 and # 184, item. 1539, 2006 No 157, item. 1119, 2007 No. 112, item. 769 and 2008 # 231. 1546.6) amendments to the consolidated text of the said Act were announced in the journal of laws of 2005, no. 85, item. 727, no. 86, item. 732 and # 143, item. 1199, 2006 No. 66, item. 470, no. 104, item. 708, no. 143, item. 1031, no. 217. 1590 and No 225, item. 1635, 2007 No. 112, item. 769, no. 120, item. 818, no. 192, item. 1378 and # 225, item. 1671 and 2008 # 118, item. 745, no. 141, item. 888, # 180, item. 1109 and No. 209, item. 1316 and 1318, 1320.

7) amendments to the consolidated text of the said Act were announced in the journal of laws 2008 No. 67, item. 411. No. 70, item. 416, # 180, item. 1112, # 227. 1505, No 228, item. 1507 and # 237. 1654.8) amendments to the consolidated text of the said Act were announced in the journal of laws of 1996, no. 118, item. 561, no. 139, item. 647 and # 147, item. 686, 1997 No 82, item. 518 and No. 121, item. 770, 1998, no. 75, item. 486 & # 113, item. 717, 2002 No 135, item. 1146, 2003 # 213. 2081, 2005 No. 249, item. 2104, 2007 No 69. 467 and No. 89, item. 589 and 2008 # 86, item. 522 and # 237. 1654.9) changes to the consolidated text of the said Act were announced in the journal of laws of 2007. # 17, item. 95, no. 21, item. 125, no. 112, item. 769, no. 115, item. 791, 792 and 793 and # 176, item. 1243 and 2008 # 63, poz. 394, no. 67, item. 411, no. 141, item. 888, # 171, poz. 1056, no. 209, item. 1318, # 220, item. 1417 and 1418, no. 227. 1505, No 228, item. 1507 and # 237. 1654.10) changes to the consolidated text of the said Act were announced in the journal of laws of 2004, no. 64, item. 593, no. 99, item. 1001, no. 120, item. 1252, no. 121, item. 1264, no. 144, item. 1530, no. 191, item. 1954, # 210, poz. 2135 and # 236, poz. 2355, with 2005 No. 167, item. 1397 and # 169, item. 1412 and 1421, 2006, no. 104, item. 708 and 711 and # 208, item. 1534, 2007 No. 17, item. 95, no. 82, item. 558, no. 191, item. 1368 or 1369 and # 200. 1445 and 2008 No 67, item. 411, no. 192, item. 1180 and No 228, item. 1507. Annex 1. [LIST OF WORK IN SPECIAL CONDITIONS]

The annexes to the Act of December 19, 2008 (1656) Appendix 1 LIST of WORK under specific conditions [8] Lp.

Type of work 1 2 1 Works directly on the conversion of mechanical coal and metal ores or enrichment.

2 the work of providing or supplies related to extrac rock minerals.

3 Works underground immediately drill down tunnels in the subsurface.

4 Works directly with flooding the molds, transporting blood casting with liquid, hot material (cast iron, cast steel, non-ferrous metals and their alloys).

5 Works directly on the manual finishing castings: remove the filler elements, shear, grinding the surface of the casting and painting.

6


Work directly with blast furnaces and furnaces stalowniczych or casting.

7 masonry directly in metallurgical furnaces, Foundry Coke, batteries and furnaces for the production of ceramic materials.

8 works directly with manual compiling materials or manual formation of glass products in the glass industry.

9 Works directly with forging forging manual.

10 Works directly for the handling of aggregates and equipment for the production of non-ferrous metals.

11 Work directly to support roll strings: preparation, supervision of work rolls or roller table, interference with hair loss and zaklinowaniu materials.

12 Work with cranes directly when rendered pig iron, ferrous or non-ferrous metals.

13 Works directly in the production of coke in coke batteries.

14 Works directly with Coke coke battery with push, extinguishing or sorting of Coke.

15 Work directly in the manufacture of moulding materials or izolacyjnoegzotermicznych used in the foundry and metallurgy.

16 Works directly with manual loading or unloading Chamber kilns in refractory.

17 Work directly with manual loading or unloading hot ceramic products.

18 Works directly on the formation of refractory products of large-scale using of manual vibration tools.

19 works by hand shaping, casting, cleaning or szkliwieniu of ceramic products.

20 Work Diver or kesoniarza, work in hyperbaric chambers.

21 manual heavy directly on the transhipment in the holds of the ship.

22 the work of fishermen.

23 work on maritime vessels.

24 Work on offshore oil rigs.

 

1 2 25 Works in the air performed on the aircraft by attendants.

26 Works directly with support for drilling and mining operations when looking for oil or natural gas.

27 the work directly in mining drilling hole flange: oil or natural gas.

28 Works directly on the welding arc or thermal cutting in areas with very low in volume, with limited ventilation (double bottom ships, tanks, pipes, etc.).

29 Works directly on the painting, nitowaniu or assembling pieces of equipment in a very small room with limited ventilation (double bottom ships, tanks, pipes, etc.).

30 Work inside tanks, boilers and tanks with very low volume when hazardous substances.

31 Work when manually laying on hot surfaces with bituminous mixtures-.

32 Works directly with the processing of asbestos-containing materials or demolition related to their disposal.

33 tannery Work directly on wet skin.

34 Works directly at zrywce or manual harvest of trees portable chainsaw with a chainsaw.

35 the work in the areas of technology imposed by air temperature below 0 ° c.

36 the work physical heavy in underground sewers.

37 professional dancers Work associated with very severe physical exertion.

38 works by exports of solid and liquid waste and landfill and wylewiskach impurity associated with very severe physical exertion.

39 works by forging manual forging industrial and mechanical hammers.

40 Works in the production of cemented carbide, electrodes, ores and drums and ferro-alloys.

 

Annex 2. [LIST OF THE WORK OF A SPECIAL NATURE]

Appendix 2 LIST of the WORK of a special nature [9] Lp.

Type of work 1 2 1 the work of the pilots of aircraft (pilot, instructor).

2 the work of air traffic controllers.

3 air mechanics associated with direct support for confirming the safety of the aircraft on the tarmac.

4 the work of the navigators on ships and marine pilots.

5 Works drivers traction (traction vehicle driver, the driver instructor, share wieloczynnościowych driver driver and heavy machines to railway construction and railway catenary, the driver of the locomotive smoke up to 300 KM, the driver's helper locomotives) and train managers.

6 Works directly by setting the road course trains and vehicles (on-call traffic, Signalman, shunting, positioner, switchman, auditor of the rolling stock directly confirming the safety of train, Metro traffic dispatcher, the on-call traffic and Metro station).

7 the work protection guards.

8 work of bus drivers, trolley buses and trams motorniczych in public transport.

9 the works drivers of emergency vehicles.

 

1 2 10 Works drivers of vehicles transporting dangerous goods that require marking of the vehicle an array of warning colours of Orange, in accordance with the provisions of the European Agreement concerning the international carriage of dangerous goods by road (ADR), done at Geneva on 30 September 1957 1 11 work of the operators of nuclear reactors.

12 tower cranes operators Work to support that that category permissions are required or equivalent and cranes port or shipyard.

13 works by direct control of technological processes which may pose a threat of a major industrial accident with consequences for public safety.

14 Works in direct control of technical processes which could cause a crash with serious consequences for public safety.

15 Work directly in the manufacture of explosives, blasting, pyrotechnic articles and their confection.

16 Works directly with energy blocks producing electricity or heat.

17 Work wiremen directly on the removal of failure and the operation of the overhead electricity networks in conditions of work under voltage.

18 the work of emergency medical teams.

19 Professional rescue teams members Work (chemical, mountain, sea, downhole mining).

20 Works employees fire protection units referred to in article 1. 15 paragraph 1a-5 and 8 of the Act of 24 August 1991 on the protection of przeciwpożarowej2, participating directly in the rescue.

21 the work of teachers, educators and other pedagogical workers employed in educational centres, youth, youth centres socjoterapii, centres szkolno-educational, shelters for minors and correctional facilities, in accordance with the provisions of the law of 26 October 1982 on proceedings in cases nieletnich3.

22 Work staff holding the care of the residents of the homes of social assistance for the chronically mentally ill, mentally handicapped children and adolescents or adults, in accordance with the provisions of the Act of 12 March 2004 on społecznej4.

23 the work of medical personnel branches of psychiatric and addiction treatment in direct contact with patients, in accordance with the provisions of the law of 19 August 1994 on the protection of the health of psychicznego5.

24 medical staff Work in teams treatment disciplines under anesthesia and operating er.

 

 

1 OJ 2005, no. 178, poz. 1481 and from 2007 No 99, item. 667.2 Journal of laws of 2002, no. 147, item. 1229, 2003 No 52, item. 452, 2004, no. 96, item. 959, 2005, no. 100, item. 835 and 836, 2006 # 191, item. 1410, 2007 No. 89, item. 590 and 2008 # 163. 1015.3 Journal of laws of 2002, no. 11, item. 109 and No. 58, item. 542, 2003 # 137, poz. 1304 and No. 223, item. 2217, 2005 # 169, item. 1413, 2006 # 220. 1600, from the 2007 No. 112, item. 766 and 2008 # 145, item. 917.4 Journal of laws 2008 No. 115, item. 728, # 171, poz. 1056, no. 216, item. 1367, # 220, item. 1431 and No. 223, item. 1458.5 Journal of laws of 1994, no. 111, item. 535, of 1997, no. 88, item. 554 and # 113, item. 731, of 1998, no. 106, item. 668, 1999 # 11. 95, 2000, no. 120, item. 1268, 2005 No. 141, item. 1183, no. 167, item. 1398 and # 175. 1462, 2007 No. 112, item. 766 and No. 121, item. 831 and from 2008, # 180, item. 1108.


[1] based on the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 1, in so far as it omits as a condition of obtaining a bridging pension work performed under the presence of noise, works outside the enclosed spaces, shift work, night work in vibration exposure and overall, works in the dust zwłókniającym, work in harmful chemical factors, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, as well as the work of truck drivers , the work of teachers and educators directly related to the upbringing and education of children and young people, teachers and educators in special needs education, health, is compatible with article. 2 the Constitution of POLAND and the resulting trust principle from the citizen to the State and statute law and the principle of the protection of vested rights.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 1, in so far as in the list of work in special conditions, skips work in vibration exposure and overall, works in the dust zwłókniającym, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

[2] on the basis of the judgment of the Constitutional Court of 16 March 2010 (OJ # 48, item. 286) art. 3 paragraphs 1 and 2. 2 in so far as it omits – as a stand-alone condition for bridging pensions – working in any noise, working outside of enclosed spaces and shift work, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 25 November 2010 (OJ # 233. 1533) art. 3 paragraphs 1 and 2. 2 in connection with article. 3 paragraphs 1 and 2. 1 of the law of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), in so far as in the directory of the risk factors to suppress physical and chemical factors, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 2 in so far as it omits as a condition of obtaining a bridging pension work performed under the presence of noise, works outside the enclosed spaces, shift work, night work in vibration exposure and overall, works in the dust zwłókniającym, work in harmful chemical factors, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, as well as the work of truck drivers , the work of teachers and educators directly related to the upbringing and education of children and young people, teachers and educators in special needs education, health, is compatible with article. 2 the Constitution of POLAND and the resulting trust principle from the citizen to the State and statute law and the principle of the protection of vested rights.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 2 to the extent that in the list of work in special conditions, skips work in vibration exposure and overall, works in the dust zwłókniającym, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

[3] on the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 3 in so far as it omits as a condition of obtaining a bridging pension work performed under the presence of noise, works outside the enclosed spaces, shift work, night work in vibration exposure and overall, works in the dust zwłókniającym, work in harmful chemical factors, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, as well as the work of truck drivers , the work of teachers and educators directly related to the upbringing and education of children and young people, teachers and educators in special needs education, health, is compatible with article. 2 the Constitution of POLAND and the resulting trust principle from the citizen to the State and statute law and the principle of the protection of vested rights.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 3 paragraphs 1 and 2. 3 is in compliance with the article. 2 the Constitution of POLAND and the resulting from the principle of the legality of the law.

[4] on the basis of the judgment of the Constitutional Court of 16 March 2010 (OJ # 48, item. 286) art. Article 4, point 5, in so far as it grants the right to old-age pension bridging only employees who performed work under specific conditions or specific character before 1 January 1999, is consistent: a) the principle of citizens ' trust in the Member States and laid down by law and with the principle of protection of acquired rights resulting from the article. 2 of the Constitution of the Republic of Poland, b) of the article. 32 paragraph 1. the Constitution of POLAND.

[5] Article. 16 paragraph 2 in the version set by the article. 13 of the Act of 11 may 2012, amending the law on pensions and pensions from the social insurance fund and certain other laws (OJ, item 637). Change entered into force on 1 January 2013.

[6] on the basis of the judgment of the Constitutional Court of 25 November 2010 (OJ # 233. 1533) art. 21(1). 1 in connection with article. 2, paragraph 5, of the law of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), in so far as it does not grant the right to compensation for persons born after 31 December 1948, taking work in special conditions, or of specific character after December 31, 1998, that do not hold to a period of work in specific terms or work of a special nature – within the meaning of the provisions of the Act of 17 December 1998 on pensions and the Veterans Insurance Fund (OJ of 2009 No 153, item 1227, as amended) – 15 years, is compatible with article. 2 the Constitution of POLAND and the resulting from the principle of the protection of vested rights and the principle of trust in the citizen to the State and statute law, as well as with article. 32 paragraph 1. the Constitution of POLAND and the resulting from the principle of equality.

[7] on the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) art. 57 in part that includes the phrase "as of January 1, 2009", is compatible with article. 2 the Constitution of POLAND.

[8] on the basis of the judgment of the Constitutional Court of 16 March 2010 (OJ # 48, item. 286) Annex # 1 in so far as it omits – as a stand-alone condition for bridging pensions – working in any noise, working outside of enclosed spaces and shift work, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 25 November 2010 (OJ # 233. 1533) Annex # 1 in conjunction with article. 3 paragraphs 1 and 2. 1-3 of the Act of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), in so far as in the list of works under specific conditions and on the list of the work of a special nature takes into account only those works that occur in rail transport, which are carried out directly by setting the road course trains and Metro vehicles, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) Annex # 1 in so far as it omits as a condition of obtaining a bridging pension work performed under the presence of noise, works outside the enclosed spaces, shift work, night work in vibration exposure and overall, works in the dust zwłókniającym, work in harmful chemical factors, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, as well as the work of truck drivers , the work of teachers and educators directly related to the upbringing and education of children and young people, teachers and educators in special needs education, health, is compatible with article. 2 the Constitution of POLAND and the resulting trust principle from the citizen to the State and statute law and the principle of the protection of vested rights.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) Appendix # 1 to the extent that in the list of work in special conditions, skips work in vibration exposure and overall, works in the dust zwłókniającym, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

[9] on the basis of the judgment of the Constitutional Court of 16 March 2010 (OJ # 48, item. 286) Appendix 2, in so far as it omits other teachers than those mentioned in paragraph 21 of that annex, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 25 November 2010 (OJ # 233. 1533) Annex # 2 in conjunction with article. 3 paragraphs 1 and 2. 3 of the Act of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), in so far as it does not include in the list of the work of a special nature work truck drivers and all related work in the energy effort resulting in during the work shift effective energy expenditure of the body above the 8400 kJ in men and over 4600 kJ in women is consistent with the article. 32 paragraph 1. the Constitution of POLAND.


On the basis of the judgment of the Constitutional Court of 25 November 2010 (OJ # 233. 1533) Annex # 2 in conjunction with article. 3 paragraphs 1 and 2. 1-3 of the Act of 19 December 2008 on pensions bridging (Journal of laws No. 237, 1656), in so far as in the list of works under specific conditions and on the list of the work of a special nature takes into account only those works that occur in rail transport, which are carried out directly by setting the road course trains and Metro vehicles, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) Appendix 2, in so far as it omits as a condition of obtaining a bridging pension work performed under the presence of noise, works outside the enclosed spaces, shift work, night work in vibration exposure and overall, works in the dust zwłókniającym, work in harmful chemical factors, work in conditions of exposure to ionizing radiation and exposure to electromagnetic fields, as well as the work of truck drivers , the work of teachers and educators directly related to the upbringing and education of children and young people, teachers and educators in special needs education, health, is compatible with article. 2 the Constitution of POLAND and the resulting trust principle from the citizen to the State and statute law and the principle of the protection of vested rights.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) Annex # 2 in conjunction with article. 3 paragraphs 1 and 2. 3 to the extent that the list omits the work of a special nature the work of health care professionals, is compatible with article. 32 paragraph 1. the Constitution of POLAND.

On the basis of the judgment of the Constitutional Court of 3 March 2011 (OJ # 54, poz. 285) Appendix 2 is compatible with article. 2 the Constitution of POLAND and the resulting from the principle of the legality of the law.

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