The Act Of 20 December 1990 On Social Insurance Of Farmers

Original Language Title: USTAWA z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników

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Chapter 1 General provisions Article. 1. [Farmers dependent on social insurance of farmers] 1. Social insurance of farmers, hereinafter referred to as "insurance", includes, on the principles set out in the Act, farmers and working with them in your household who: 1) have Polish citizenship or 2) reside on the territory of the Republic of Poland on the basis of a temporary residence permit, Visa, permanent residence permit, a permit for a long-term resident of the European Union, agree to stay on humanitarian grounds, consent for tolerated stay or with a view to obtaining in the Republic of Poland of refugee or subsidiary protection status , or 3) are citizens of the Member States of the European Union, the Swiss Confederation or of the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area.

1a. The insurance covers citizens referred to in paragraph 1. 1, paragraph 3, if the provisions of the European Union on the application of social security schemes do not provide otherwise.

2. insurance extracts: 1) accident insurance, sickness and maternity;

2) pension insurance scheme.

Article. 2. the [Safe Agricultural social insurance] 1. Insurance implements Safe Agricultural social security, hereinafter referred to as "Cash".

2. the President of the Fund is the central organ of government administration, subordinate to the Minister competent for rural development.

3. The interests of the general public of the insured and the recipients, and the activities of the insurance money, represents the Social Security Council of the Farmers, hereinafter referred to as the "Council of Farmers".

4. In the implementation of the insurance also participate, to the extent specified in the Act and in separate regulations, social security bodies, hereinafter referred to as "the establishment", and others.

Article. 3. [subject to Base insurance] 1. Insurance shall be subject to the Act or on request.

2. If the Act provides cover against the application, with an application for insurance, you may experience the person concerned or the farmer on whose behalf that person is working.

2A. the insurance at the request of the following from the date indicated in the application for insurance, no earlier than from the date on which the application was filed.

3. The person to be insured at the request of may at any time withdraw from the insurance, making statement to that effect.

4. Equivalent to the withdrawal from the insurance application is a failure within a period of contributions, unless the farmer must to pay, before the expiry of the payment deadline, occurred about the postponement or failure to pay contributions within the time limit was the result of force majeure.

Article. 3A. the [termination of insurance] 1. The insurance is terminated from the day following the day on which the circumstances justifying ceased being subject to insurance, subject to paragraph 2. 3.2. At the request of the insurance shall terminate: 1) from the date indicated in the Declaration of the insured, no earlier than from the date on which this statement was made, or 2) from the first day of the period of insurance for which the premium has not been paid.

3. If with the cessation of circumstances justifying the subject to insurance under the law followed by the circumstances justifying the insurance at the request of, existing by virtue of the act ceases from the date following the date on which the insured person was served with a decision stating termination of insurance by law.

4. If the application is an application for a disability pension or pension insurance obligation ceases from the date following the date on which the decision to grant was released to provide, but not earlier than the date on which the insured person has acquired this right.

Article. 4. [the payment of insurance premiums] 1. Contributions for each of the insured pays the farmer. If agricultural activity is carried out on behalf of several persons, the obligation to pay contributions to them jointly and severally.

2. The obligation to pay contributions is formed from the date on which the insurance was created, and cease from the date on which it came to insurance.

Article. 5. [the application of the provisions of the Act to the spouse of the farmer] the provisions of the law on insurance of farmer and the farmer benefits also apply to the spouse of a farmer, unless the spouse is not working on the holding of the farmer or the household directly related to this farm.

Article. 5a. [conditions for being subject to insurance by the farmer leading non-agricultural economic activity] 1. A farmer or a household member, subject to the full range of insurance by law for at least 3 years, will begin conducting non-agricultural economic activities or will begin working with the conduct of this activity is still ago insurance during the period of conducting non-agricultural economic activities or co-operation at conducting this activity, if it meets the following conditions simultaneously: 1) makes at the box office a declaration of continuation of this insurance within 14 days from the date of the start of the execution of non-agricultural economic activities or co-operation at this activity;

2) at the same time still leads agricultural activities or constantly works on the farm, covering an area of agricultural land exceeding 1 ha conversion rate, or in a special section;

3) is not an employee and does not remain in respect of the work;

4) there is no specific right to a pension or a survivor's pension or social security benefits;

5) the amount of income tax due for the previous tax year from income from non-agricultural economic activities does not exceed £ 2528. [1] 2. For starting the conduct of non-agricultural economic activities shall be considered also: 1) resume execution of the non-agricultural economic activities, conducting periodically suspended;

2) of or an object activity according to the Polish classification of activities (PKD).

3. the certificate or statement that has been exceeded the amount of tax referred to in paragraph 1. 1, paragraph 5, the farmer or household member is obliged to submit cashier together with the Declaration, referred to in paragraph 1. 1 paragraph 1, unless the farmer or household member ran non-agricultural economic activities in the previous tax year.

4. the certificate or statement that has been exceeded the amount of tax referred to in paragraph 1. 1, paragraph 5, the farmer or household member leading non-agricultural economic activity, which is subject to insurance, is also obliged to submit cashier until 31 May of each year.

5. Failure to date to make a declaration referred to in paragraph 1. 1 paragraph 1 shall be equivalent to termination of insurance from the date of the execution of non-agricultural economic activities or co-operation at conducting this activity.

6. Failure to submit the certificate or statement referred to in paragraph 1. 4, or a failure to date to submit this certificate or statement, is equivalent to the end of the day, to which the farmer or household member was obliged to submit a certificate or declaration in hand, unless the farmer or the household member has ceased the non-agricultural business activities in a permanent or periodic before the expiry of the deadline for the submission of the certificate or statement.

7. the time limits referred to in paragraph 1. 1 paragraph 1 and paragraph 2. 4 can be restored at the request of the person concerned of the farmer or the household, if the farmer or household member proves that failure to date has occurred as a result of the mishap.

8. The amount of tax referred to in paragraph 1. 1, paragraph 5, hereinafter referred to as "annual limit amount" shall be subject to annual adjustment indicator of consumer prices of goods and services, set out in the budget law for the year the amount is concerned, the law on interim budget or their projects, if the relevant laws are not enacted.

9. the competent Minister for rural development announces in the official journal of the Republic of Poland "Monitor Polish", by way of notice, the annual amount of the limit referred to in paragraph 1. 8.10. For non-agricultural economic activity is considered non-agricultural economic activity carried on in the territory of the Polish Republic by natural persons on the basis of the provisions of the freedom of economic activity, with the exception of associates commercial companies and individuals doing business in the field of professional services: 1) within the meaning of the provisions of a flat income tax of certain revenues by natural persons;

2) from which the revenues are revenues from economic activity within the meaning of the provisions of the income tax from natural persons.

11. By cooperating in conducting non-agricultural economic activity is considered of the farmer or the household, that in relation to leading this activity meets the criteria the person works, laid down in the social security system.




Article. 5b. [Cover of the farmer or the household member completing another social security] 1. A farmer or a household member, subject to the full range of insurance by law, has been covered by another social security for performance of the contract referred to in article 1. 6 paragraph 1. 1 paragraph 4 of Act of 13 October 1998 on the social insurance system (Journal of laws of 2013.1442, as amended), or appointment to the Supervisory Board, shall remain subject to the performance of the contract period insurance ago referred to in art. 6 paragraph 1. 1 paragraph 4 of Act of 13 October 1998 on the social insurance system, or perform the function of the Supervisory Board, despite the cover it with another social security, if the income derived from this title in the monthly bill does not exceed an amount equal to half of the minimum wage, established on the basis of separate provisions.

2. a farmer or a household member, referred to in paragraph 1. 1, may at any time withdraw from the insurance, at the box office statement of withdrawal from this insurance, no earlier than from the date on which this statement was made at the box office.

Article. 6. [Definitions] Whenever the law is talking about: 1) farmer-means adult natural person, resident and leading the territory of the Republic of Poland, in person and on their own account, agricultural activity in in her possession of the farm, including within the Group of agricultural producers, as well as the person who donated the land held by the farm to forest cover;

2) domowniku-means a person close to the farmer, that: (a)) 16, b) remains with a farmer in the common household or resides in his farm or in close proximity to, c) is constantly at work in the farm and is not related to a farmer the employment relationship;

3) agricultural activity – it is understood activities in the field of crop production or animal, including gardening, Orchard, pszczelarskiej and fish;

4) farm-means any farm for agricultural activities;

5) special section – means special Department of agricultural production, referred to in the annex to the Act;

6) provisions provisions of the law is understood – the retirement of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227, with further amendments);

7) retired primary-means the monthly amount of the lowest pensions referred to in the provisions of the pension;

8) dimension indicator – understood to be fixed for a particular provision or a specified part of the provision of the number expressing this ratio (this part of benefits) to the Basic, rounded to the second decimal place; dimension index is used to calculate the amount or part thereof, pursuant to art. 48;

9) (repealed);

10) retirement or pension with social security, individual farmers and members of their families – understand the service, granted before the date of entry into force of this Act on the basis of the laws referred to in art. 99 and 122 or other legislation governing pensions pensions for farmers;

10A) retirement or invalidity pension for agricultural insurance-means retirement or disability benefits from social security individual farmers and their family members and the retirement of agricultural or agricultural pension for incapacity for work;

10B) retirement or pension insurance-means the retirement pension, partial insurance agricultural agricultural agricultural pension retirement training and a survivor's pension;

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 or for compensating benefits teachers on the basis of the provisions of the teachers ' compensation benefits, 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;

11) insurance pension scheme – it is understood the pension insurance scheme set out in the Act;

11A) a finding of incapacity for independent existence-means classification to the first group of disabled people [2];

12) another social insurance – it is understood compulsory pension schemes set out in regulations on social security or pension supplies specified in separate regulations;

13) person to be another social insurance – means the person subject to the compulsory insurance scheme and pension schemes on the basis of the provisions of the social security system or under the provisions on retirement pension;

13A) social security benefits-means sickness and the provision of physiotherapy, which has the right to health insurance on the basis of the provisions on benefits cash social insurance sickness and maternity benefits;

13B) claims with premiums – it is understood the contributions, payable from interest and the costs of the strike;

14) reporting periods referred to social insurance-means only such periods, for which they paid as provided for in the relevant legislation of the contributions on this insurance, unless these provisions did not exist the obligation to pay contributions;

15) wójcie – it is understood also as mayor or President of the city;

16) health insurance-means the insurance specified in separate regulations.



Chapter 2 scope of insurance, insurance contributions and cash benefits and insurance. Accident insurance, sickness and maternity Article. 7. [a farmer subject to the compulsory insurance of wypadkowemu, chorobowemu and maternal] 1. Insurance, wypadkowemu, chorobowemu and to the maternal care is subject to the Act: 1) a farmer whose farm covers an area of agricultural land exceeding 1 ha conversion rate or Department special, 2) cosy farmer referred to in paragraph 1, if the farmer or household member is not subject to other social insurance or no established right to retirement or disability pension or there is no specific right to benefits from social security.

2. Accident insurance, sick leave and maternity leave at the request of the includes to another farmer or household, where agricultural activity provides a steady source of his livelihood, as well as the person who being a farmer donated land conducted farm to forest cover on the terms specified in separate regulations.

3. Another farmer, your household or a person who has allocated land to forest cover, cover accident insurance, sick leave and maternity leave on request, only limited to the benefits referred to in article 1. 9, paragraph 1, if the subject of another social insurance or have established the right to a pension or a survivor's pension or social security benefits.

4. The provisions of paragraphs 2 and 3. 2 and 3 does not apply to retirees and pensioners, who have taken the inability to independent existence.

Article. 8. [contribution] 1. For each insured person pays a monthly contribution equal to, subject to paragraph 2. 3.2. The amount of contribution by one of the insured person shall be fixed in the plan contribution fund in accordance with the rules referred to in article 1. 77.2a. Where the period of insurance subject to wypadkowemu, chorobowemu and maternal is shorter than a month, the amount of contribution shall be calculated in proportion to the number of days the countervailability of ago insurance.

3. the insured person referred to in art. 7 paragraph 1. 3, worth one-third of the contributions referred to in paragraph 1. 2.3a. (repealed).

4. the President of the Money publish in the official journal of the Republic of Poland "Monitor Polish", established by the Council of the Farmers, the amount of the monthly contributions to one or more consecutive quarters, at least 14 days before the first day of a quarter. This height can be monetized-and adjusted in the event of a change in the amount of the Basic-or by using a specified percentage of base pension.

5. At the request of the Council of farmers the competent minister of rural development, by regulation, may grant relief in the amount of contributions, specifying detailed rules and mode of their award.

Article. 9. [the provision of accident insurance, sick leave and maternity leave] accident insurance Benefits, sick leave and maternity leave are: 1) the one-time compensation for permanent or long-term damage to health or death as a result of an accident at agricultural work or agricultural occupational disease, hereinafter referred to as "a one-time compensation";

2) sickness;

3) (repealed);

4) maternity allowance.

Article. 10. [one-off compensation] 1. One-time compensation: 1) an insured person, who suffered a permanent or long-term damage to health as a result of an accident at agricultural work or agricultural occupational diseases;

2) (repealed);


3) family members of the insured person who died as a result of an accident at agricultural work or agricultural occupational diseases;

4) (repealed).

1a. the members of the family referred to in paragraph 1. 1, paragraph 3, are: 1) the spouse;

2) children of their own and adopted, stepchildren, grandchildren, siblings to meet on the day of death of the insured person the conditions required for obtaining a survivor's pension;

3) parents, recent adopters, stepmother, stepfather, if at the date of death of the insured person they had with him a common household or if the insured contribute significantly to the maintenance or if it has been established, a court judgment or court settlement, the right to maintenance.

2. One-off compensation shall not be entitled to the insured person, if: 1) caused the accident intentionally or by gross negligence, or 2) being drunk or being under the influence of narcotic drugs, psychotropic substances and other measures having a similar effect, he largely contributed to the accident.

Article. 11. [an accident at agricultural work] 1. For an accident at agricultural work is considered sudden event caused by an external cause which occurred during related agricultural activity or outstanding in connection with the performance of the following: 1) on-farm, which the insured carries on or in which it is constantly at work, or on the grounds of the household directly associated with the holding or 2) by the insured from the apartment to the farm referred to in paragraph 1, or on the way back, or 3) while performing outside the holding referred to in paragraph 1, the usual steps related to agricultural activity or in connection with the performance of these activities, or 4) on the way to the place where the activities referred to in paragraph 3, or on the way back.

2. At the request of the Council of farmers the competent minister of rural development, by regulation, may determine what activities not listed in paragraph 1. 1, paragraph 3 shall be construed, in so far as entitlement to insurance benefits in respect of accidents at work, on a par with activities related to agricultural activity.

Article. 12. [Agricultural occupational disease] For an agricultural occupational disease is considered a disease that in connection with the work on the farm, if this disease is included in the list of occupational diseases specified in legislation issued on the basis of the labour code.

Article. 13. [Permanent and long-lasting damage to health] 1. One-off compensation shall be fixed for the insured in proportion to the specified percentage of permanent or long-term damage to health.

2. permanent damage to health is considered such impairment of the organism that causes impairment of the body nierokujące improvement.

3. the long-lasting damage to health is considered such impairment of the organism that causes impairment of the body for a period exceeding 6 months, which may be improved.

4. the competent Minister of rural development, in agreement with the Council, farmers may specify, by regulation, the amount of one-time compensation exercise for each per cent of permanent or long-term damage to health, taking into account: 1) contribution fund finances;

2) the amount of the one-time compensation due under the provisions of the social insurance in respect of accidents at work and occupational diseases.

5. If you do not specify the amount of one-time compensation in the manner referred to in paragraph 1. 4, it is 66% of the pension base for each per cent of permanent or long-term damage to health.

6. One-off compensation referred to in paragraph 1. 1, is increased by an amount equal to the single indemnity for 20% of the damage to health, if the insured person caused by an accident at work or occupational disease, agricultural farming is incapable of independent existence.

7. If the result of the deterioration of the health status of permanent or long-lasting damage to health which is the consequence of an accident at agricultural work or agricultural occupational disease, which was the basis of granting a one-time compensation will increase by at least 10 percentage points, the one-off compensation shall be increased by an amount equal to the amount of one-time compensation, referred to in paragraph 1. 4 or 5, for each percent of disability exceeds the percentage by which it was established.

8. If the single compensation is eligible for only one member of the family referred to in article 2. 10 paragraph 1. 1 paragraph 3 and paragraph 4. 1A, a one-time compensation in the amount of: 1) the amount of the one-time compensation for 100% damage to health, if the provision is eligible spouse or child;

2) 50% of the amount referred to in paragraph 1, if the provision is entitled the other Member of the family.

9. If the single compensation shall be entitled simultaneously: 1) a spouse and one or more children, this benefit is enjoyed in the amount specified in paragraph 1. 8, paragraph 1, for each child by the amount referred to in paragraph 1. 6;

2) two or more children, this benefit is enjoyed in the amount specified in paragraph 1. 8, paragraph 1, on the second and each subsequent child of the amount referred to in paragraph 1. 6.10. If a spouse or children to a one-time compensation are eligible at the same time, other members of the family, each of them this benefit is enjoyed in the amount specified in paragraph 1. 6, regardless of the benefits of a spouse or children.

11. If the single damages are only eligible family members other than your spouse or children, this benefit is enjoyed in the amount specified in paragraph 1. 8, paragraph 2, on the second and each subsequent holder of the amount referred to in paragraph 1. 6.12. One-off compensation determined on the basis of paragraph 1. 9 and 11 are divided between the entitled in equal parts.

13. One-time compensation for death of an insured person who died as a result of an accident at agricultural work or agricultural occupational disease, shall be reduced by the amount of the one-time compensation for permanent or long-term disability paid ago insured.

Article. 14. [sick] 1. The insured person is entitled to sickness allowance, which as a result is unable to work for at least 30 days.

2. Sickness allowance shall be entitled for a period of temporary incapacity to work, however, for not more than 180 days.

3. If after running out of zasiłkowego period referred to in paragraph 1. 2, the insured person is still unable to work, and as a result of continued treatment and rehabilitation work in the recovery of working capacity, sickness allowance shall be extended for the period necessary to restore working capacity, however, not more than a further 360 days.

4. Sickness allowance, referred to in paragraph 1. 2, shall be and shall be paid on the basis of a certificate of temporary incapacity for work issued by the doctor, dentist, felczera, or the older felczera, authorised by the Company on the terms specified in the rules about the cash benefits from social insurance sickness and maternity benefits.

5. the President of the Money returns to that permanent establishment the costs associated with producing and distributing printed medical certificates of temporary incapacity to work in proportion to the number of the insured.

6. Sickness allowance in respect of temporary incapacity for work lasting longer than 180 days shall be granted and shall be paid on the basis of a judgment referred to in article mode. 46.7. Illness benefit are not entitled for the period: 1) being insured, at the expense of cash in the health care facility for the purpose of rehabilitation;

2) after termination of the insurance.

8. the competent Minister of rural development, in consultation with the Council of farmers, can determine, by regulation, the amount of sickness benefit and the cases in which the sickness allowance shall have the incapacity for work lasting continuously for less than 30 days, having regard to the contribution fund finances.

9. If you do not specify the amount of sick pay in the manner referred to in paragraph 1. 8, is it one thirtieth of the Basic for each day of incapacity for work.

Article. 15. [maternity] 1. The insured person shall be entitled to maternity allowance: 1) the birth of a child, 2) the adoption of a child aged up to 7 years of age to be raised, and in the case of a child, to which it has been decided to postpone compulsory school attendance-to 10 years of age, if at the time the application is submitted for adoption, 3) adoption of a child aged up to 7 years of age to be raised in the foster family, with the exception of foster family professional and, in the case of a child, to which it has been decided to postpone compulsory school attendance-to 10 years – four times the basic pension.

1a. If the insured is subject to both parents, the allowance referred to in paragraph 1. 1, are entitled to a total of.

2. At the request of the Council of farmers the competent minister in rural development may determine, by regulation, a better method of determining the amount of the allowance referred to in paragraph 1. 1.


Article. 15A. [Duration of benefits depending on the reporting base insurance] 1. A person who has been covered by insurance at the request of, the benefits provided for in article 5. 14 and 15, with the exception of sickness benefits in respect of accidents at work, entitled, if the reporting period of insurance directly before the event to justify the acquisition of the right to benefits lasted continuously for at least a year.

1a. A person who is insured, wypadkowemu chorobowemu and to the maternal care of under the Act, the period referred to in article zasiłkowego. 14 paragraph 1. 1 and 2, include periods of sickness allowance from another social insurance.

2. (repealed).

B. pension insurance scheme Article. 16. [Farmers dependent on the Pension Insurance Act rentowemu] 1. Pension insurance-rentowemu is subject to the Act: 1) a farmer whose farm covers an area of agricultural land exceeding 1 ha conversion rate or a special Department;

2) cosy farmer referred to in paragraph 1;

3) a person that takes structural pension funded with resources from the guarantee section of the European agricultural guidance and guarantee fund or from funds from the European agricultural fund for rural development;

4) a spouse of a person referred to in paragraph 3, if the structural pension co-sponsored with funds from the guarantee section of the European agricultural guidance and guarantee fund or from funds from the European agricultural fund for rural development shall be paid with an increase to that spouse.

2. Pension Insurance scheme at the request includes: 1) another farmer or end user, who is insured wypadkowemu, chorobowemu and maternal care of the full range, if the request for it pension insurance scheme;

2) a person who is subject to insurance as a farmer and ceased agricultural activities, not by acquiring the rights to a retirement pension or invalidity pension insurance, if subject to pension insurance rentowemu for a period of at least 12 years and 6 months;

3) person levying the agricultural pension for incapacity for work as a periodic pension.

3. The provisions of paragraphs 2 and 3. 1 and paragraph 2. 2 paragraphs 1 and 2 shall not apply to the person who is subject to another social insurance or has established the right to pensions, or has established the right to social security benefits.

Article. 16A. [Funding contributions from the State budget to fund pension scheme] 1. For the farmer or end user subject to pension insurance rentowemu by law or at the request, in connection with the exercise of the personal custody of the child, which lasted for a period of up to 3 years, but not longer than until the child 5 years of age, and, in the case of a child who, because of Health confirmed the judgment of disability or disabilities require personal care of that person, for a period of up to 6 years no longer than until the child 18 years of age, the premium for this insurance is funded from a grant of the State budget to fund pension scheme for these contributions, provided that the farmer or household member is not subject to other social insurance.

2. Contribution to the pension insurance scheme for persons referred to in paragraph 1. 1, is financed by the contribution of the State budget to fund the pension scheme from the date of notification by the farmer opłacającego contribution for these persons the request together with a declaration of the exercise by such persons personal custody of the child.

Article. 16B. [funded by contributions from grant-farmer insured on the basis of article 5a] the provisions of art. 16A applies also to the farmer or the household social insurable farmers under art. 5A, provided cessation or suspension of the exercise of non-agricultural economic activities on the basis of article. 14A paragraph 6. 1 d of the Act of 2 July 2004, the freedom of economic activity (Journal of laws of 2013.672, as amended), or cooperate in the conduct of this activity during the celebration of the personal care of the child.

Article. 16 c. [Request for Money for the pension insurance scheme] 1. Farmer or household member, which is not subject to social insurance of farmers, or a member of the family of the farmer or the household, which does not meet the conditions for membership of ago insurance, who has personal custody of the child on the terms and in the periods referred to in article 1. 16A paragraph. 1, may submit an application to the Fund for pension insurance scheme in this period.

2. the person referred to in paragraph 1. 1 contribution to the pension insurance scheme is financed by a grant of the State budget to fund the pension scheme for a period of not more than specified in art. 16A paragraph. 1, if the person is not subject to other social insurance.

Article. 16 d [contribution] contribution to the pension insurance scheme of the persons referred to in art. 16A and art. 16 c, is equal to the premiums referred to in article 1. 17 paragraph 1. 1. To persons does not apply the provision of article. 17 paragraph 1. 4. Article. 16e. [Eligibility for parents] the right to exercise the powers referred to in article 1. 16A. 16B or article. 16 c shall be entitled to one of the parents, provided that the other parent does not use the same permissions or rights to finance contributions based on art. 16 paragraph. 8 of the Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205, poz. 1585, as amended).

Article. 16F. [the person who has personal custody of the child] per person exercising personal custody of the child, referred to in article 1. 16A. 16B. 16 c, shall be deemed to be a person who holds a personal custody of the child or of his spouse, or child of the adopted child.

Article. 17. [amount of monthly contributions] 1. Monthly premium for each insured person is 10% of the pension base.

2. the insured person referred to in art. 5A, the contribution rate is twice the amount determined in the manner referred to in paragraph 1. 1.3. Where the period of membership of the pension insurance rentowemu is less than a month, the amount of contribution shall be calculated in proportion to the number of days being subject to insurance this month.

4. A farmer whose farm covers an area of agricultural land exceeding 50 ha conversion rates, it pays an additional monthly fee in the amount of: 1) 12% of the pension base, where the farm covers an area of agricultural land to 100 ha conversion rates;

2) 24% of the pension base, where the farm covers an area of farmland above 100 ha conversion rates to 150 ha conversion rates;

3) 36% of the pension base, where the farm covers an area of agricultural land exceeding 150 ha conversion rates to 300 ha conversion rates;

4) 48% of the pension base, where the farm covers an area of agricultural land exceeding 300 ha conversion rates.

5. In the event of a change in the agricultural area of the holding that is causing the change in the dimension of the additional monthly contributions referred to in paragraph 1. 4, farmer obowiązanemu to pay this contribution seems a decision to this effect.

Article. 18. [security benefits pension scheme] Benefits from the pension insurance scheme are: 1) the agricultural pension, including a partial retirement pension or agricultural agricultural incapacity;

2) agricultural pension training;

3) survivor's pension;

4) pension and survivor's pension with social security individual farmers and members of their families;

5) additions to the pensions referred to in paragraphs 1 to 4;

6) funeral.

Article. 19. [agricultural Pension] 1. [3] the agricultural Pension the insured person is entitled to, that meets the following conditions: 1) has reached the retirement age specified in paragraph 1. 1A and 1b;

2) has been subject to pension insurance rentowemu for at least 25 years, taking into account article. 20.1a. [4] the retirement age for women born in the period: 1) until 31 December 1952, is at least 60 years old;

2) from 1 January 1953 to 31 March 1953, is at least 60 years and 1 month;

3) from 1 April 1953 to June 30, 1953, is at least 60 years and 2 months;

4) from 1 July 1953 to September 30, 1953, is at least 60 years old and 3 months;

5) from 1 October 1953 to 31 December 1953 is at least 60 years old and 4 months;

6) from 1 January 1954 to 31 March 1954, is at least 60 years and 6 months;

7) from 1 April 1954 to June 30, 1954, is at least 60 years and 6 months;

8) from 1 July 1954 to 30 September 1954 is at least 60 years and 6 months;

9) from 1 October 1954 to 31 December 1954, is at least 60 years and 8 months;

10) from 1 January 1955 to 31 March 1955, is at least 60 years and 9 months;

11) since 1 April 1955 to 30 June 1955, is at least 60 years old and 10 months;

12) from 1 July 1955 to September 30, 1955, is at least 60 years and 11 months;

13) from 1 October 1955 to 31 December 1955 shall be at least 61 years;

14) from 1 January 1956 to 31 March 1956, shall be at least 61 years and 1 month;

15) from 1 April 1956 to 30 June 1956, shall be at least 61 years and 2 months;


16) from 1 July 1956 to 30 September 1956 is at least 61 years and 3 months;

17) from 1 October 1956 to 31 December 1956, shall be at least 61 years and 4 months;

18) from 1 January 1957 to 31 March 1957 is at least 61 years and 6 months;

19) from 1 April 1957 to 30 June 1957 is at least 61 years and 6 months;

20) from 1 July 1957 to 30 September 1957 is at least 61 years and 6 months;

21) from 1 October 1957 to 31 December 1957 is at least 61 years and 9 months;

22) from 1 January 1958 to 31 March 1958 shall be at least 61 years and 9 months;

23) from 1 April 1958 to 30 June 1958 shall be at least 61 years and 10 months;

24) from 1 July 1958 to 30 September 1958 shall be at least 61 years and 11 months;

25) from 1 October 1958 to 31 December 1958, is at least 62 years;

26) since 1 January 1959 to 31 March 1959, is at least 62 years old and 1 month;

27) from 1 April 1959 to 30 June 1959 is at least 62 years and 2 months;

28) from 1 July 1959 to 30 September 1959 is at least 62 years old and 3 months;

29) from 1 October 1959 to 31 December 1959, is at least 62 years old and 4 months;

30) from 1 January 1960 to 31 March 1960 is at least 62 years and 6 months;

31) from 1 April 1960 until 30 June 1960 is at least 62 years and 6 months;

32) from 1 July 1960 to 30 September 1960 is at least 62 years old and 7 months;

33) from 1 October 1960 to 31 December 1960 is at least 62 years old and 8 months;

34) from 1 January 1961 to 31 March 1961 is at least 62 years old and 9 months;

35) from 1 April 1961 to 30 June 1961 is at least 62 years old and 10 months;

36) from 1 July 1961 to 30 September 1961. is at least 62 years and 11 months;

37) from 1 October 1961 to 31 December 1961 is at least 63 years;

38) from 1 January 1962 to 31 March 1962 is at least 63 years and 1 month;

39) from 1 April 1962 to 30 June 1962 is at least 63 years and 2 months;

40) from 1 July 1962 to 30 September 1962, is at least 63 years and 3 months;

41) from 1 October 1962 to 31 December 1962 is at least 63 years and 4 months;

42) from 1 January 1963 to 31 March 1963 is at least 63 years and 6 months;

43) from 1 April 1963 to 30 June 1963 is at least 63 years and 6 months;

44) from 1 July 1963 to 30 September 1963 is at least 63 years and 6 months;

45) from 1 October 1963 to 31 December 1963 is at least 63 years and 8 months;

46) from 1 January 1964 to 31 March 1964 is at least 63 years and 9 months;

47) from 1 April 1964 30 June 1964, is at least 63 years and 10 months;

48) from 1 July 1964 to 30 September 1964, is at least 63 years and 11 months;

49) from 1 October 1964 to 31 December 1964 is at least 64 years;

50) from 1 January 1965 to 31 March 1965 is at least 64 years and 1 month;

51) from 1 April 1965 to 30 June 1965 is at least 64 years and 2 months;

52) from 1 July 1965 to 30 September 1965 is at least 64 years and 3 months;

53) from 1 October 1965 to 31 December 1965 is at least 64 years and 4 months;

54) from 1 January 1966 to 31 March 1966 shall be at least 64 years and 6 months;

55) from 1 April 1966 until 30 June 1966 at least 64 years and 6 months;

56) from 1 July 1966 to 30 September 1966 at least 64 years and 8 months;

57) from 1 October 1966 to 31 December 1966 shall be at least 64 years and 8 months;

58) from 1 January 1967 to 31 March 1967 at least 64 years and 9 months;

59) from 1 April 1967 to 30 June 1967 shall be at least 64 years and 10 months;

60) from 1 July 1967 to 30 September 1967, is at least 64 years and 11 months;

61) from 1 October 1967 to 31 December 1967 is at least 65 years old;

62) since 1 January 1968 to 31 March 1968. is at least 65 years old and 1 month;

63) from 1 April 1968 to 30 June 1968, is at least 65 years and 2 months;

64) from 1 July 1968 to 30 September 1968 shall be at least 65 years old and 3 months;

65) from 1 October 1968 to 31 December 1968, is at least 65 years old and 4 months;

66) from 1 January 1969 to 31 March 1969 shall be at least 65 years old and 5 months;

67) from 1 April 1969 to 30 June 1969 is at least 65 years and 6 months;

68) from 1 July 1969 to 30 September 1969, is at least 65 years old and 7 months;

69) from 1 October 1969 to 31 December 1969 is at least 65 years and 8 months;

70) from 1 January 1970 to 31 March 1970 is at least 65 years and 8 months;

71) from 1 April 1970 to 30 June 1970 is at least 65 years and 10 months;

72) from 1 July 1970 to 30 September 1970 is at least 65 years and 11 months;

73) from 1 October 1970 to 31 December 1970 at least 66 years;

74) from 1 January 1971 to 31 March 1971 shall be at least 66 years and 2 months;

75) from 1 April 1971 to 30 June 1971 shall be at least 66 years and 2 months;

76) from 1 July 1971 to 30 September 1971 shall be at least 66 years old and 3 months;

77) from 1 October 1971 to 31 December 1971 shall be at least 66 years old and 4 months;

78) from 1 January 1972 to 31 March 1972 is at least 66 years and 6 months;

79) from 1 April 1972 until 30 June 1972 shall be at least 66 years and 6 months;

80) from 1 July 1972 to 30 September 1972 shall be at least 66 years and 6 months;

81) from 1 October 1972 to 31 December 1972 is at least 66 years and 8 months;

82) since 1 January 1973 to 31 March 1973 shall be at least 66 years and 9 months;

83) since 1 April 1973 to 30 June 1973 is at least 66 years and 10 months;

84) from 1 July 1973 to 30 September 1973 shall be at least 66 years and 11 months;

85) after 30 September 1973 shall be at least 67 years old.

1B. [5] the retirement age for men born in the period: 1) until 31 December 1947 is at least 65 years old;

2) from 1 January 1948 to 31 March 1948, is at least 65 years old and 1 month;

3) from 1 April 1948 to 30 June 1948, is at least 65 years and 2 months;

4) from 1 July 1948 to 30 September 1948, is at least 65 years old and 3 months;

5) from 1 October 1948 to 31 December 1948 is at least 65 years old and 4 months;

6) from 1 January 1949 to 31 March 1949 is at least 65 years old and 5 months;

7) from 1 April 1949 to 30 June 1949 is at least 65 years and 6 months;

8) from 1 July 1949 to 30 September 1949 is at least 65 years old and 7 months;

9) from 1 October 1949 to 31 December 1949 is at least 65 years and 8 months;

10) from 1 January 1950 to 31 March 1950, is at least 65 years and 8 months;

11) from April 1, 1950 to 30 June 1950 is at least 65 years and 10 months;

12) from 1 July 1950 to 30 September 1950, is at least 65 years and 11 months;

13) from 1 October 1950 to 31 December 1950 is at least 66 years;

14) from 1 January 1951 to 31 March 1951 shall be at least 66 years and 2 months;

15) from 1 April 1951 to 30 June 1951 shall be at least 66 years and 2 months;

16) from 1 July 1951 to 30 September 1951 shall be at least 66 years old and 3 months;

17) from 1 October 1951 to 31 December 1951 shall be at least 66 years old and 4 months;

18) from 1 January 1952 to 31 March 1952 at least 66 years and 6 months;

19) from 1 April 1952 to 30 June 1952 at least 66 years and 6 months;

20) from 1 July 1952 to 30 September 1952 at least 66 years and 6 months;

21) from 1 October 1952 to 31 December 1952, shall be at least 66 years and 8 months;

22) from 1 January 1953 to 31 March 1953 is at least 66 years and 9 months;

23) from 1 April 1953 to June 30, 1953, is at least 66 years and 10 months;

24) from 1 July 1953 to 30 September 1953 at least 66 years and 11 months;

25) after 30 September 1953 is at least 67 years old.

2. agricultural Pension is also insured farmer who meets the following conditions:


1) has attained the age of 55 years, if it is a woman, or 60 years of age, if it is a man;

2) has been subject to pension insurance rentowemu for a period of at least 30 years;

3) ceased agricultural activities.

2A. [6] the provision of paragraph 1. 2 shall apply to a farmer who until 31 December 2017, has met the conditions referred to in paragraph 1. 2.3. If the cessation of agricultural activity is caused by the expropriation of land belonging to the agricultural holding, their sale on the target to justify the expropriation or permanent exclusion, in accordance with applicable law, farmland with agricultural production for reasons beyond the control of the farmer, the condition provided for in paragraph 1. 2 paragraph 2 shall be deemed to be met if a farmer was subject to pension insurance rentowemu for a period of at least 12 years and 6 months.

4. (repealed).

Article. 19A. [Partial agricultural pension] [7] 1. Insured persons who have not reached retirement age referred to in article 1. 19 paragraph. 1A paragraph 26-85. 1B paragraph 2 – 25, shall be entitled to a partial pension if you meet the following conditions in total agricultural: 1) have been subject to pension insurance rentowemu for a period of at least 35 years for men and 40 years for men, taking into account article. 20;

2) have reached the age of at least 62 years for women and at least 65 years for men.

2. the amount of the partial retirement of agricultural agricultural pension shall be 50% of the amount determined in accordance with article 8. 24 and is not subject to the increase to the amount of the pension.

3. When the person entitled to the partial agricultural pension retirement age, referred to in article 1. 19 paragraph. 1A paragraph 26-85. 1B paragraph 2 – 25, a partial pension is subject to the authority of the agricultural conversion, referred to in article 1. 19 paragraph. 1. Article. 20. [insurance] 1. To the periods of insurance required in accordance with article 5. 19 paragraph. 1 paragraph 2 and paragraph 3. 2 paragraph 2 includes periods: 1) being subject to social insurance individual farmers and members of their families from 1983 to 1990;

2) driving farm or work on the farm, after the age of 16. years of age, before 1 January 1983;

3) depends on the right to a retirement pension in accordance with the provisions of the pension.

2. The periods referred to in paragraph 1. 1, not part of the periods of insurance, if they have been included in the periods from which depends on the right to a pension or a pension on the basis of separate provisions.

3. The provisions of paragraph 1. 1 paragraph 3 shall not apply to persons born after 31 December 1948.

Article. 21. [agricultural Pension for incapacity for work] 1. The agricultural pension incapacity shall be entitled to the insured person, who together shall satisfy the following conditions: 1) was subject to pension insurance rentowemu for the required period, referred to in paragraph 1. 2;

2) is permanently or periodically completely unable to work on the farm;

3) total inability to work on the farm was established during the period of membership of the pension insurance rentowemu or during the periods referred to in article 1. 20(2). 1 paragraphs 1 and 2, or no later than 18 months from the removal of these periods.

2. the condition being subject to pension insurance rentowemu by the required period shall be deemed to be met if the period of insurance the pension scheme of the insured person shall be at least: 1) a year – if the total inability to work on the farm was established in the age of 20 years;

2) 2 years – if the total inability to work on the farm was established in over 20 years to 22 years;

3) 3 years – if the total inability to work on the farm was established over 22 years to 25 years;

4) 4 years – if the total inability to work on the farm was established in over 25 years to 30 years;

5) 5 years – if the total inability to work on the farm was established over 30 years.

3. in determining the period of membership of the pension insurance rentowemu in accordance with paragraph 1. 2 shall apply mutatis mutandis to article. 20(2). 1 and 2.

3A. If the period of membership of the pension insurance rentowemu coincides with the period of another social security, when determining the right to a survivor's pension for agricultural incapacity period shall not be subject to another social insurance.

4. If the total inability to work on the farm was established as a result of an accident at agricultural work or agricultural occupational disease, the condition referred to in paragraph 1. 1 paragraph 1 shall be deemed to be met if the insured has any period of insurance pension scheme, which includes the day of the accident, or the day of developing agricultural occupational disease.

5. completely unable to work on the farm is considered the insured who due to infringement of the efficiency of the body has lost the ability for personal work on the farm.

6. Total incapacity for work on the agricultural holding shall be deemed to be stable if the insured person does not work in the recovery of the ability for personal work on the farm.

7. Total incapacity for work on the agricultural holding shall be deemed to be periodic, if the insured is still recovering the capacity for personal work on the farm.

8. the period of 5 years referred to in paragraph 1. 2 paragraph 5, should occur during the last 5 years before the application for the agricultural pension for incapacity for work.

Article. 21A. [fixing of the number of years of membership of the pension insurance-rentowemu] in determining the number of years of membership of the pension insurance-rentowemu is added to the individual reporting periods of insurance covering the years, months, and days. Periods of partial months membership of insurance shall be calculated in days. The sum of the days turns into a month, accepting for the month of 30 calendar days; the sum of the months turns into for the period, taking the full 12 months for one year.

Article. 21B. [Training agricultural pension] 1. An insured person who complies with the conditions to obtain agricultural pension for incapacity for work referred to in article 1. 21, which stated the desirability of vocational retraining due to permanent total incapacity for work on the farm, for a period of 6 months training agricultural pension.

2. The person to whom a pension has been granted agricultural training, Safe routes to the district labour office in order to undergo retraining.

3. the period of six months referred to in paragraph 1. 1, is prolonged for the time necessary to retraining, no more than 36 months.

4. the extension of the right to a survivor's pension for agricultural training followed by at the request of the starost.

5. the costs of retraining a pensioner during download agricultural pension training are financed by the State Fund rehabilitation of disabled persons.

Article. 22. [the conditions for the granting of permanent agricultural pension] 1. Agricultural pension for incapacity for work is granted as a fixed annuity, if the total inability of the insured person to work on the farm is durable and not been held the advisability of retraining. In other cases, the agricultural pension incapacity is entitled to as a periodic pension for the period defined in the decision of the President.

2. the right to a survivor's pension for agricultural incapacity, which came to an end due to the resolution of total incapacity for work on the farm shall be restored if, within 18 months of the date of cessation of the right to a survivor's pension the insured person again became completely unable to work on the farm.

3. The persons carrying out the agricultural pension for incapacity for work, who have reached the retirement age specified in the article. 19 paragraph. 1A and 1b shall be ex officio retired agricultural not lower than previously charged the pension for incapacity for work, if that person satisfies the conditions referred to in article 1. 19 paragraph. 1 paragraph 2 of the Act.

4. The amount of the retirement pension referred to in paragraph 1. 3, can be lower than previously charged, if the reduction results from the exclusion of the periods referred to in article 1. 20(2). 1 paragraph 3.

Article. 23. (repealed).

Article. 24. [components of agricultural pension, incapacity of agriculture and the agricultural pension training] agricultural Pension, incapacity agricultural pension, survivor's pension and agricultural training consists of part of the premium reserve and part of the subsidiary, established in accordance with article 4. 25 and 26. For each of these parts is determined by the dimension ratio.

Article. 25. [to determine the height of the part of the contributory] 1. Part of the contributory shall be determined taking 1% of the pension base for each year of membership of the pension insurance-rentowemu, with taking into account paragraph 3. 2-7. Half years shall be converted appropriately, taking into account article. 21A. 2. [8] for a number of years, referred to in paragraph 1. 1, added to the number of years: 1) being subject to social insurance individual farmers and their family members during the period from 1 January 1983 to 31 December 1990;

2) driving farm or work on an agricultural holding for the period from 1 July 1977 to 31 December 1982, by which it was paid contributions to the Pension Fund of the farming population;

3) (repealed);


4) driving farm or work on the farm, without being subject to other social insurance – after the age of 16. years of age, before 1 July 1977, but not earlier than 25 years before the fulfillment of the conditions of entitlement to a retirement pension or invalidity allowance farming.

2A. For a number of years, referred to in paragraph 1. 1, added to the number of years: 1) being subject to the pensions insurance and rentowemu referred to in the provisions of the social insurance system, social insurance pensions supply or reporting before 1 January 1999 and being subject to supply pensions przepadającemu after this date, 2) combatant, equivalent with those activities, as well as the periods included in the periods of the activity and the exposure to the repression of war and the post-war period specified in the rules about kombatantach and some of the people who are the victims of repression, war and post-war period, 3) serving active military in Polish Army or periods of her peers or a substitute form of this service, before 1 January 1999.

-If the insured person has not been granted pensions on the basis of separate provisions.

2B. The provisions of paragraph 1. 2a does not apply in determining the amount of the agricultural pension for persons born after 31 December 1948.

3. If during the period referred to in paragraph 1. 2, paragraph 1, the farmer and his wife paid the annual contribution for social insurance, individual farmers and members of their families in the amount of more than 120% of the average pension in the year, rather than one year shall be a period longer, that corresponds to the index of individual contribution in a given year. This indicator is calculated as follows: 1) the amount of the annual premium paid leveled from conversion and departments and special acres insured persons in the agricultural holding, with the exception of the household, divided by the number of these people; in determining the amount of the paid contributions be included in the amount allocated to reliefs and exemptions, not included, however, the unpaid portion of the contributions for the 1990, if her pay was voluntary;

2) so the calculated amount is divided by 120% of the average pension in the year.

4. The periods referred to in paragraph 1. (2A) paragraph 1 shall be converted into in terms of półtorakrotnym. However, this does not apply to periods of membership of social insurance for unemployment benefits.

5. For each year falling within the period referred to in paragraph 1. 2, paragraph 4, shall be 0.5% of the pension base.

6. If the agricultural pension incapacity has been subject to pension insurance-rentowemu including the periods referred to in paragraph 1. 2 and 2a, less than 5 years, it is assumed that the period of payment of contributions is 5 years.

7. The provisions of paragraph 1. 6 does not apply, if the total incapacity for work was caused by an accident at work agricultural or agricultural occupational disease. In this case the holder to the payment of contributions shall be the period separating it from reaching the age of 60.

8. the Minister of labour and social policy [9] will announce in the official journal of the Republic of Poland "Monitor Polish" the average annual amount of the pension base from 1983 to 1990.

Article. 26. [the height of subsidiary] 1. A supplementary part is 95% of the pension base, if the number of years adopted to determine the part of the contributory, but without taking into account the effects of art. 25 paragraph 2. 3, is less than 20; with every full year since 20 years part of the supplement be reduced by 0.5% of the pension base.

2. a supplementary Part may not be less than 85% of the pension base, and the sum of the parts and part of the contributory may not be less than the Basic, subject to paragraph 2. 3.3. If the farmer acquires the right to a pension, as referred to in article. 19 paragraph. 2, referred to in paragraph 1, thought 1 part of the supplement is reduced by 5% of the basic pension for each full year sharing the holder from retirement age. As a fixed part of the supplement increases by 5% of the pension base after the end of each full year of the word breaker entitled from retirement age.

Article. 27. [Add-ons rights to pensions of Agriculture] 1. To retirement or disability pension for agricultural insurance shall be entitled to an allowance on the basis of care and the amount specified in the regulations.

1a. in the event of overlapping rights to care, referred to in paragraph 1. 1, with the right to exercise care to pensions, determined on the basis of art. 24 paragraph. 1, art. 24A or article. 184 pension provisions, care allowance shall be paid together with the retirement of the social insurance fund.

2. for the pension, agricultural insurance are also entitled to a supplement for labor after 1 September 1939 in 2% of the basic pension for each year of such work.

3. the supplement referred to in paragraph 1. 2, shall be added to part of the contributory pensions, having regard to the amount in determining the indicator dimension part contributory.

4. To a retirement pension or an invalidity pension from social security, individual farmers and members of their families shall be entitled to increase the periods referred to in article 1. 25 paragraph 2. 2A paragraph 2 and 3, in the amount of 1% of the pension base for each year falling in these periods, if the holder has not been granted pensions on the basis of separate provisions.

5. increase referred to in paragraph 1. 4, be added to the pension or an invalidity pension from social security, individual farmers and members of their families and shall be again the dimension ratio of this benefit.

Article. 28. [conditions for suspension of payment of the pension or annuity agricultural] 1. The payment of pensions of agricultural insurance is partially suspended on the principles referred to in paragraph 1. 2-8, where the pensioner leads agricultural activity.

2. The suspension of the withdrawal concerns: 1) subsidiary agricultural agricultural pension pension part of incapacity for work, 2) retirement or invalidity pension from the social security individual farmers and members of their families in part equal to 95% of the pension base, and includes the whole or a specified fraction of this part of the provision; whenever a in paragraph 1. 3 and 5-7 is to suspend payment in whole, half or quarter-means the suspension accordingly part of the provision, its half or a quarter.

3. the payment shall be suspended in its entirety, if the pensioner does not stop agricultural activities, subject to the provisions of paragraph 2. 5-7 and 9-11.

4. recognises that the pensioner ceased agricultural activities, if neither he nor his spouse does not own (co-owner) or the holder of an agricultural holding within the meaning of the agricultural tax and does not maintain a special section, not taking into account: 1) land which has been rented out, on the basis of a written agreement entered into at least 10 years and reported in the records of the land and buildings, to a person other than a) spouse of a pensioner , b) his descendant or stepson, c) a person standing with a pensioner, or a pensioner in a common household, d) spouse of a person referred to in point (a). (b) or (c);

2) land permanently excluded from agricultural production on the basis of separate provisions, including forested agricultural land;

3) land and special departments belonging to the spouse with whom the pensioner has entered into marriage after finding out the right to a pension or a pension for agricultural insurance;

4) ownership (participation in the ownership of) unknown official documents, if the land subject to the title (ownership) are not in the possession of the farmer or his or her spouse.

5. If the pensioner is long-term unable to work due to an accident at agricultural work or agricultural occupational disease, the payment of benefits for a period of two years from the accident or of developing this disease is suspended only half.

6. the payment shall be suspended in the Middle, if: 1) (repealed);

2) However, the periodic agricultural pension gets incapacity, not more than two years.

7. the payment shall be suspended in one quarter, if: 1) the pensioner does not contract with the successor pursuant to the provisions of Chapter 7 and there is no possibility of the sale of real estate belonging to the agricultural holding at least at a price corresponding to their assessment under the provisions of agricultural real estate management of the State Treasury or 2) ongoing steps to expropriate property, their redemption on purpose to justify the expropriation or to the permanent exclusion of land from agricultural production on the basis of separate provisions or 3) real property are situated in the protection zone or other area special, created on the basis of separate provisions in connection with the introduction of restrictions on the use of agricultural land or protective purposes.

8. If the withdrawal shall be suspended in accordance with paragraph 1. 3 or 5, hangs in the whole payment of attendance allowance, exercise in respect of the completion of 75 years.

9. Where agricultural activity on land:


1) acquired by inheritance or 2) previously leased for at least 10 years, if the lease ceased earlier for reasons beyond the control of the lessor, or 3) recovered as a result of the solution – for reasons beyond the control of the holder-of the agreement, on the basis of which previously sold on the land, or as a result of the repeal or annul an administrative decision-the payment is suspended for a period of one year.

10. in the case of cessation of farming activity consisting in the transfer of the farm in the form of a notarial minor payment shall be suspended in its entirety until the person 18 years of age.

11. in the case when the members or a pensioner entitled to a pension from the article. 19 paragraph. 1 carries out agricultural activity with the spouse under the pension insurance rentowemu by law, payment will not be suspended.

12. The provisions of paragraphs 2 and 3. 1-10 shall not apply to benefits granted under article has. 19A. 28A. [suspension and termination of right to the agricultural pension training] 1. Payment of pension for agricultural training is suspended in part complementary for achieving by income from activities subject to the obligation to social security in accordance with the provisions of the pension, regardless of the amount of this income.

2. the right to a survivor's pension for agricultural training shall cease: 1) from the date of employment, emergency work or public works or, if refused, without good reason, the adoption of the proposal for employment made by the emplyment;

2) from the date of receipt by the Fund of retraining cannot notice from the holder to another profession or of inability to propose appropriate employment within 6 months from the date of completion of the training, not later than 36 months downloading this;

3) from the date of receipt by the health notice from Governors that shall not be entitled to retraining.

Article. 29. [pension] 1. The survivor's pension shall be entitled to eligible family members of the deceased: 1) a pensioner who has established the right to a retirement pension or a survivor's pension for agricultural insurance;

2) of an insured person, who at the time of his death, fulfilled the conditions to obtain a retirement pension or disability pension farming agricultural incapacity; It is assumed that he was completely unable to work on the farm.

2. the following are entitled to a survivor's pension of the deceased's family members: 1) children of their own, children of the other spouse, and adopted children, 2) adopted on the upbringing and maintenance before reaching age grandchildren, siblings and other children, with the exception of children adopted on the upbringing and maintenance of the foster family or the child's family home, 3) a spouse (widow, widower), 4) parents-if they meet the conditions to obtain the survivor's pension under the pension provisions.

Article. 30. [Fixing the amount of the survivor's pension] 1. All eligible family members shall be entitled to one survivor.

2. If a person is entitled to a survivor's pension, the invalidity pension is 85% of the pension base increase: 1) 50% of the excess-over the amount of the basic-pension or an invalidity pension from social security, individual farmers and members of their families, which had received at the time of death, or 2) 50% of contributory old-age pension or disability pension farming agricultural incapacity, that had or would have been received at the time of his death-except that the survivor's pension may not be less than Basic.

3. For each additional person authorized amount of the survivor's pension, determined as specified in paragraph 2. 2, increased by 5%.

4. A survivor's pension, calculated on the basis of paragraph 1. 2 and 3, are increased by 10% if the death occurs as a result of an accident at agricultural work or agricultural occupational disease.

4A. The survivor's pension shall not exceed the amount of the benefit which the deceased would have received, and may not be lower than the Basic.

5. the amount of the survivor's pension shall be determined through a pointer.

6. The survivor's pension is split between eligible for equal parts if: 1) to the survivor's pension are eligible minors, over which the care exercised by different people;

2) an adult family member entitled to a survivor's pension demands it;

3) there are other circumstances justifying Division of pension.

Article. 31. [Add-ons rights to survivor's pension] 1. To a survivor's pension shall be entitled to an allowance provided for in article 7. 27 paragraph. 1 and for the orphan.

2. the supplement for the orphan in the amount specified in the pension legislation.

3. (repealed).

Article. 32. [suspension of the payment of survivor's pension attributable to the person of an adult ...] payment of the survivor's pension, attributable to an adult person, shall be suspended, if leading agricultural activity. The provisions of article 4. 28 paragraph 1. 3, 4, and 6-10 and art. 34 shall apply mutatis mutandis.

Article. 33. [Overlapping permissions] 1. In the case of the confluence of the right to a pension with the right to a survivor's pension under the Act, the holder is granted a single supply is higher or selected by the holder, subject to article 22. 22 paragraph 1. 3 and 4.

2. in the event of overlapping rights to a pension or a survivor's pension entitlement under the Act the right to pensions from another social insurance, the holder shall pay the one selected by the service, subject to the provisions of paragraph 2. 3 [10] and 4.

2A. The provisions of paragraph 1. 2 shall not apply to persons entitled to a retirement pension and agricultural granted under art. 24 paragraph. 1, art. 24A or article. 184 pension provisions.

2B. Entitled to a survivor's pension for agricultural of incapacity for work or survivor's pension insurance and to a pension on the basis of article. 24 or article. 24A pension provisions loses the right to a survivor's pension for agricultural of incapacity for work or survivor's pension insurance, unless before requesting the right to old-age pension on the basis of article. 24 or article. 24A pension provisions makes a statement that selects the agricultural pension for incapacity for work or survivor's pension insurance. In the case of the submission of this statement means on his account in an open pension fund are submitted by the Fund, via the social insurance, the income of the State budget. A statement on the selection is final and shall not be entitled to the right to withdraw from it.

2 c. If entitled to a survivor's pension for agricultural incapacity does not meet the conditions for the agricultural pension on the basis of article. 22 paragraph 1. 3, cash calls of the agricultural pension for incapacity for work, within a period of at least 3 months before reaching the retirement age, to make a statement, referred to in paragraph 1. 2B. 2d. Cash calls of the survivor's pension insurance, at least 3 months before reaching the retirement age, to make a statement, referred to in paragraph 1. 2B 3. (repealed).

4. Separate provisions determine the right to benefits in the event of overlapping on one person the right to a pension or the invalidity pension insurance with the right to: 1) of the pension war pass and the military, whose inability to work remains in connection with military service;

2) of the pension for incapacity for work caused by a stay in the places referred to in article 1. 3 and 4 of paragraph 1. 1 of the law of 24 January 1991 on kombatantach and some of the people who are the victims of repression, war and the post-war period (OJ of 2012.400);

3) pension for incapacity for work caused by an accident at work, an accident on the way to work or with work, or as a result of an occupational disease;

4) the benefits of a scheme with foreign institutions.

Article. 34. [suspension of the right to a pension or a pension for agricultural] 1. The right to a pension or a pension for agricultural insurance shall be suspended on the principles set out in the regulations. In this case, however, does not suspend the payment of part of the contributory old-age pension or disability pension farming agricultural incapacity or excess pension or invalidity social security individual farmers and their family members more than 95% of the pension base.

2. In the application of the suspension of the right to pension, agricultural insurance, in accordance with paragraph 1. 1, does not take into account the income from agricultural activity.

Article. 35. [funeral] 1. The funeral is entitled to a person who has suffered for the funeral after the death: 1) of the insured person, including the person to be insured only wypadkowemu, chorobowemu and maternal;

2) entitled to a retirement or disability pension insurance;

3) [11] a member of the family of a person referred to in paragraph 1 or 2;

4) persons, which, on the date of death was not determined his right to a pension or the invalidity pension insurance, but satisfied the conditions for its grant, and download.

1a. [12] family members referred to in paragraph 1. 1, paragraph 3, are: 1) a spouse (widow and widower);

2) parents, step-dad, stepmom and preventative procedures;

3) children of their own, children of the other spouse, adopted children and children placed in foster care;

4) adopted on the upbringing and maintenance before reaching age other children than those mentioned in paragraph 3;

5) siblings;

6) grandparents;

7) grandchildren;


8) persons, which was established by legal guardianship.

2. If the funeral were killed a few people, the funeral is split between those people in proportion to the costs incurred.

3. Funeral in the amount specified in the pension legislation.

4. in the event of overlapping rights to funeral under the Act with a right to the funeral on the basis of separate provisions, shall be granted to the funeral on the basis of separate provisions.



Chapter 3 procedure in individual cases from the scope of the insurance Art. 36. [Decisions issued by the President of the Fund] 1. The President of the Money decisions in matters of: 1) being subject to insurance and termination of insurance, as well as the amount of contributions receivable on insurance;

1A) change the terms of insurance, as well as finding the obligation to pay contributions, as referred to in article. 17 paragraph 1. 2;

1B) establish the obligation to contribute additional monthly contributions referred to in article 1. 17 paragraph 1. 4;

2) (repealed);

2A) the extension of the right to a survivor's pension for agricultural training;

3) establish the right to cash benefits from insurance and their individual assessment;

4) suspension of the right to benefits;

5) suspend or withhold payment of benefits and the resumption of the suspended or suspended payments;

6) reimbursement of unduly collected benefits;

7) grant interest for delay in the payment of benefits;

8) deduct insurance premiums or other charges with insurance benefits;

9) establishing and collecting premiums for health insurance, subject to paragraphs 2 and 3. 1A;

10) referred to in article 1. 41A and 55.

1a. the decisions referred to in paragraph 1. 1, point 9, the President of the Money in dispute.

2. the President of the Fund may authorise the issue of a decision on a matter referred to in paragraph 1. 1, workers. In addition, the President of the Fund and President of the plant may provide that certain decisions will be issued, with the authority of the President of the Fund, by the employees of the plant.

3. the decisions referred to in paragraph 1. 1 paragraphs 1 to 9, as well as in the case of any decision may be appealed to the Court within the time limits and under the conditions laid down in the provisions of the code of civil procedure of separate proceedings in matters concerning social security.

4. Appeals to the Court from the decision establishing the subject to insurance and the obligation to pay the contributions receivable this insurance shall not prevent the implementation of this decision.

Article. 37. [obligation to inform by a farmer about the persons subject to the insurance on his holding] 1. The farmer is obliged, without waiting for the call, within 14 days to report the checkout persons covered by insurance on his holding and to inform Cash on the circumstances affecting the subject to insurance and changes to these circumstances.

2. a person that takes the benefits of insurance shall, without waiting for the call, within 14 days to report box office the circumstances affecting the amount and the right to these benefits.

3. the authorities of the leading records of land and buildings, the tax authorities, the authority carrying out the book of perpetual, company, Agency for restructuring and modernisation of agriculture, and the enforcement bodies of local government units shall provide free of charge to Counter the information necessary to determine the circumstances which are relevant in matters of insurance coverage.

4. Cash is entitled to free use of the data collected in: 1) Common Electronic population register System;

2) collection of registration;

3) national system of records holdings.

5. Safe lists data on farmers and the household, to the extent specified in article 2. 68A paragraph. 1 of the Act of 13 October 1998 on the social insurance system, in the framework of the system for electronic exchange of social security information, as referred to in the regulation of the European Parliament and of the Council (EC) no 987/2009 of 16 September 2009 on the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems (OJ. EU L 284 of 30.10.2009, p. 1, as amended. d.), through the point of contact maintained by the company.

Article. 38. [presumption of existing in determining the membership of insurance] in determining the membership of insurance, it shall be presumed that: 1) the owner of the land included in the agricultural or the tenant of such land, if the lease is registered in the cadastre, agricultural activities on such land;

2 the agricultural tax) the taxpayer or the tax on the income of the special departments of the leading agricultural activity in size resulting from the tax;

3) if the ownership or lease of land, referred to in paragraph 1, shall be entitled to several persons, or if the tax obligation, referred to in paragraph 2, several people-each person participates in the conduct of agricultural activities;

4) a person close to the farmer, meeting the conditions of article 81(3). 6 paragraph 2 (a). (a) and (b), constantly working on the farm and the farmer is not related to the employment relationship – if that fact was acknowledged by a consistent statement of the farmer and the person.

Article. 39. [decision setting are subject to insurance] 1. Decision establishing the subject to insurance can cover all insured for the premium it pays the same farmer.

2. the decision setting are subject to insurance should include, in particular: 1) the term of insurance;

2 initial reporting date) insurance;

3) to define the principles for calculating the contributions and how they contribute and the applicable payment terms;

4) an indication of the principal farmer to pay contributions, or the persons liable, jointly and severally;

5) to determine the amount of the contributions receivable arising out of insurance and term of payment.

3. (repealed).

4. In the event of a change of the facts or legal status, on the basis of which the decision to establish the membership of insurance, it seems a new decision on the matter. However, if the change is only the amount of monthly premiums, farmer obowiązanemu to their payment shall be served on the information in this case.

Article. 39A. [notice of the legal consequences of the statements] 1. Receiving the Declaration referred to in article 1. 5A, the employee Money tells the farmer the legal consequences of this statement and puts the appropriate information on the decision.

2. Safety shall transmit to the competent branch of the plant a copy of a decision finding are subject to insurance by the person referred to in art. 5A, or termination of insurance.

3. Safety shall immediately forward to the competent branch of the establishment declaration provided for in article 4. 5a. 4. (repealed).

Article. 40. [the frequency of payment of social contributions] 1. Insurance premiums it pays quarterly. Due date is the last day of the first month of a quarter, subject to article 22. 50.1a. If the decision, in which it set out commitments for contributions, has not been notified at least 14 days before the statutory due date referred to in paragraph 1. 1, the time limit for payment of 14 days from the date of notification of this decision.

2. If the amount of the contribution depends on the amount of the Basic, in calculating the contributions shall be the amount of the basic laws in the last month of the previous quarter.

Article. 40A. [interest on arrears of unpaid within contributions] 1. From the contributions unpaid within the time limit by a farmer gets from the farmer's interest for late payment, on the terms and in the amount specified in section III, Chapter 6 of the Act of 29 August 1997 – tax (Dz.u. of 2012.749, as amended).

2. Interest on arrears does not charge if their amount does not exceed $6.60.

Article. 41. [Collection contributions] 1. Cash makes a collection of insurance premiums.

2. If the contributions in cash, he can be the employee Cash or establishment or another authorized person. If the steps collection does not fall within the scope of the duties of an employee, the inkasentowi shall be entitled to a Commission on the principles set out in the contract with cash.

3. the debt collector is obliged to inform farmers about how to calculate the amount of contributions.

Article. 41A. [deferment of payment of contributions and remission of Money of unduly collected benefits] 1. The President of the Cash or authorized by the employee, in cases justified by an important interest of the person concerned, at his request, taking into account the payment capabilities of the applicant and the State finance funds pension scheme and a contribution, you may: 1) defer the payment term of the insurance contributions receivable, spread their payment in installments or terminate in whole or in part;

2) release of Cash receivables in respect of unduly collected benefits in whole or in part.

2. the President of the Cash or authorized by the employee Cash may also, of its own motion, the release of some or all of the contributions receivable, in the case of their total trade, which occurs when: 1) as a result of the enforcement procedure or on the basis of documents, it was found that the debtor does not have sources of income and assets, from which you can assert claims, and there is no possibility of transferring responsibility;


2) the debtor has died, leaving no assets with which to assert claims, and at the same time, it is not possible to transfer responsibilities;

3) amount due does not exceed five times the value of the warning in the enforcement proceedings;

4) it is clear that in the enforcement procedure concerning receivables does not get to the amount in excess of the costs of enforcement.

3. waiver of premiums also causes the waiver of interest for late payment in whole or in part, that in which they were written off, and causes the cancellation due to the counter strike costs.

4. From contributions receivable for which repayment is deployed, no default interest, starting from the day following receipt of the request.

5. If the debtor does not pay within the deferred contributions or to be determined by the Money, the amount of unearned premiums is due, together with interest for late payment the lush from the day following the date of the expiry of the time limit for payment resulting from the article. 40.6. In the event of a deposit on the rat, which was spread over payment of premiums, the payment shall be set off against the contributions of the earliest payment date and payable upon them interest on arrears.

Article. 41B. [limitation of contributions receivable] 1. Contributions receivable are barred after 5 years from the date on which it became due, subject to the provisions of paragraph 2. 2-7.

2. There are barred contributions receivable secured by mortgage, however, after the expiry of the limitation period these claims can be enforced only with the subject of the mortgage to the amount of the outstanding fees and default interest calculated until the limitation period.

3. The limitation period does not begin, and started shall be suspended from the date of the decision on distribution of royalties on the installment or defer the payment deadline, until the time limit for payment of deferred contributions receivable or of the last instalment, subject to paragraph 2. 4.4. If the time limit, the debtor has not paid any of the rat, which was spread, the limitation period does not begin, and started shall be suspended from the date of the decision on the distribution of duties, to the date of the decision on the termination of the decision unfolding HP contributions receivable.

5. The limitation period shall be suspended from the date of the first steps to enforce the contributions receivable, the debtor has been informed, by the end of the enforcement proceedings.

6. Limitation period terminates the bankruptcy. After the interruption of the limitation period shall start running again from the day following the date when the provisions of the completion of the insolvency proceedings or discontinue.

7. Limitation of contributions receivable arising from the decision of a third party liability or legal successor after the expiry of 5 years from the end of the calendar year in which the decision was adopted.

8. The limitation period be suspended, if the decision is dependent on the outcome of the preliminary issues by another authority or a court. Suspension of the limitation period continues to this day, in which the decision of another body has become final or the decision of the Court has become final, not longer than 2 years.

9. The limitation time limit referred to in paragraph 1. 1, shall be suspended from the date of the testator's death to the day when the court order on the confirmation of purchase, not longer than until the date on which it's been 2 years since the death of the testator.

10. Overpaid or unduly paid premiums shall be ex officio the completion on the outstanding or ongoing contributions, and in the absence thereof – against future contributions, unless the payer submits an application for a refund of contributions.

11. Overpaid or unduly paid premiums are not refundable, if from the date of payment has passed 5 years.

12. Safe shall inform the payer of the amount overpaid or unduly paid for repayable contributions, if they are higher than the amount referred to in paragraph 1. 15.13. The payer may, within 7 days from the date of receipt of the notification referred to in paragraph 1. 12, submit an application for refund of overpaid or unduly paid premiums.

14. in the absence of future contributions receivable, overpaid or unduly paid premiums are nonrefundable.

15. Not refundable overpaid or unduly paid premiums not exceeding the equivalent of the sum of the costs of notification the payer of additional costs incurred by registered mail and the cost of return.

Article. 42. [records of the reporting periods of insurance and payment of contributions] Safe keeps records reporting periods insurance and payment of contributions for each insured person. The person concerned has the right to inspect the records concerning the cases and submit comments and objections.

Article. 43. [the issue of legitimacy for the insured, a retiree, rencistę and members of their families] 1. Cash seems to ID cards for insured persons, pensioners, pensioners and members of their families.

2. the President of the Fund determines the detailed rules for issuing identity cards referred to in paragraph 1. 1, and in these entries.

Article. 44. [entitlement to insurance benefits] 1. The right to the insurance benefits shall be determined at the request of the person concerned or any other person having an interest in the establishment of this right.

2. The right to insurance benefits or their height shall be determined, ex officio or at the request of the person concerned, if, after the final decision will be presented new evidence or disclosed to new circumstances, which affect the right to benefits or the amount.

3. changes in the individual dimension of insurance benefits, resulting from changes in the law, shall be ex officio.

4. the suspension of the right to benefits and a suspension or withholding of their payment shall apply.

5. The resumption of suspended or suspended payment of benefits, or a part thereof on the application.

Article. 45. [notice of an accident at agricultural work] 1. Of an accident at agricultural work victim, a farmer, household member or other person is required to notify the Register without undue delay, but not later than within 6 months from the date of its occurrence.

2. If it is to assume that the victim at the time of the accident was drunk or under the influence of narcotic drugs, psychotropic substances and other measures having a similar effect, the doctor providing first aid directs the victim to the research necessary to determine their content in the body. The victim is obliged to undergo this test. Refusal to submit to a test or other behavior that prevents his conduct causes the deprivation of the right to benefits in respect of accidents at work, unless the victim can prove that took place the reasons that prevented the submission to this study. The cost of this research covers the Cash.

3. Failure by the victim or the farmer the obligation referred to in paragraph 1. 1, is evaluated in determining the circumstances and causes of an accident and the right to a one-time compensation.

4. Safety shall determine the circumstances and causes of an accident at work. A person authorized by the President of the Fund shall have the right to make a Visual inspection of the places and objects related to the accident and carry out evidence from the testimony of the victim and witnesses.

5. the competent Minister in charge of rural development shall determine, by regulation, the manner and mode of reporting an accident at agricultural work and the determination of its circumstances and causes, taking into account: 1) documenting the work of agriculture, 2) disposable claims compensation for accident at work, 3) the taking of evidence in order to determine the circumstances and causes of an accident at agricultural work, 4) information that should be found in the post-accident protocol – taking into account the need to ensure uniformity in the procedures for determining the circumstances and causes of these accidents.

Article. 46. [decisions issued by a doctor or medical Commission Cash expert Money] 1. Decision concerning: 1) permanent and periodic total incapacity for work on the farm, 2) permanent and long-term damage to health, 3) inability to independent existence, 4) temporary incapacity for work lasting longer than 180 days, 5) the advisability of retraining as a result of permanent total incapacity for work on the farm, 6) indications for rehabilitation, 7) other circumstances affecting social security benefits farmers-in connection with the proceedings to determine the right to benefits seem to at first instance doctors testers Money, and in the second instance-medical committees.

2. A final decision a doctor expert checkout or decision Medical Commission Money is the basis for the decision on the benefits provided for in the Act, to which the law is subject to a finding of: 1) permanent or long-term damage to health or death as a result of an accident at agricultural work or agricultural occupational disease, or 2) permanent or periodic total incapacity for work on the farm, or 3) inability to independent existence.


3. the President of the Fund supervises adjudicate doctors appraisers cash and medical Commission.

4. the competent Minister in charge of rural development will determine by regulation: 1) the specific terms and conditions rule on total incapacity for work on the farm and to rule on the appropriateness of retraining, 2) procedure orzeczniczego, 3) mode and the time limit for appeals against decisions of doctors, experts, 4) forms of supervision of money and medical Commission experts doctors adjudicate Cash, 5) additional professional qualifications required of doctors that perform tasks of the medical jurisprudence – bearing in mind the need to ensure uniformity in hand the application of procedures for the implementation of the tasks from the scope of the case-law.

5. The finding of agricultural occupational disease shall be competent State Sanitary Inspector district as specified in legislation issued on the basis of the labour code.

Article. 47. [the circumstances shall be determined on the basis of a certificate of the competent disputes or mayor] 1. The circumstances referred to in article 1. 28 paragraph 1. 7, shall be determined on the basis of a certificate of the competent disputes or mayor.

2. Condition the impossibility of selling real estate, pursuant to art. 28 paragraph 1. 7, paragraph 1, the agricultural property Agency of the State Treasury [13] or authorized by the Mayor.

3. the competent Minister of rural development, by way of regulation specifies detailed procedures in the matters referred to in paragraph 1. 2, and the rules cover the costs made by the money, and in justified cases – by the applicant.

Article. 48. [Establishing the amount or part thereof] 1. The amount of the benefit or the specified part shall be determined using the indicator dimension, if so provided by law, or if the amount of this remains in constant relation to the amount of the basic and the service is not a single.

2. the provision, the amount of which is fixed by using the indicator dimension, shall be paid in an amount corresponding to the product of this indicator and current pensions.

3. in any case of change of the height of the basic pays a benefit referred to in paragraph 1. 1, respectively, the revised amount, taking into account the terms of valorisation of pensions rights based on pension provisions-which shall be authorised.

Article. 49. [payment of insurance benefits] 1. Payment of the insurance benefits shall be effected by delivery to the holder the amount owed through the designated operator within the meaning of the Act of 23 November 2012.-postal law (OJ item 1529) or any other person. With the consent of the rightholder Safe may use other forms of payment.

2. the payment of the benefits of every month as the provision of permanent or periodic follows each month on the date indicated in the decision, subject to the provisions of paragraph 2. 3.3. If the monthly payment insurance benefits referred to in paragraph 1. 2, does not exceed the amount of the basic benefit may be paid in advance, so that one payment was equal to at least the amount of the lowest old-age pension.

Article. 50. [Debts deducted from benefits paid] 1. [14] Safe may deduct from the paid insurance benefits outstanding social security contributions individual farmers and members of their families or social security, plus interest, as well as contributions for the current quarter; This only applies to contributions for the person levying the service, with the exception of the household, and contributions, for which the payment obligation is that person. In addition, pensions can be offset against other claims on the terms specified in separate regulations.

2. make a set-off is in the decision establishing the right to provide or in a separate decision.

Article. 51. [the application of the provisions of the enforcement proceedings in administration] enforcement of unpaid receivables within social security contributions of farmers leads in the provisions of the enforcement proceedings in administration.

Article. 52. [the application of the provisions of the Act on the social insurance system] 1. In matters not regulated by this Act shall apply mutatis mutandis the provisions of the Act on the social insurance system, and in addition: 1) to the contributions to the insurance shall apply mutatis mutandis to article. 12. 26, art. 29 § 1 and 2, article. 51 section 1, art. 55. 59 § 1 paragraphs 1, 3, 4, 8, and 9, art. 60 § 1, article. 62 § 1 and 5, art. 72 § 1 paragraphs 1 and 4, art. 73 § 1 paragraphs 1 and 5, art. 75 § 2 (1) (a). (c), article. 77 § 1 paragraph 2, art. 77B § 2 and 4, art. 78 § 1, § 3, paragraph 3 (b). a and paragraph 4, art. 79 § 2 paragraph 3 [15], art. 91, art. 97 section 1, art. 97A [16], art. 98 § 1 and § 2, paragraph 1, 2 and 7, art. 100 section 1, art. 101 section 1, art. 105, art. 106 § 1 and 2, article. 107 § 1, § 1a, and § 2, paragraph 2 and 4, art. 108 section 1 and 4, art. 110 § 1, § 2, paragraph 2 and paragraph 3, article. 111 § 1-4 and § 5 para 1, art. 112 § 1 paragraphs 1 and 2 [17], § 3, § 4 paragraph 2 and § 5-7, art. 118 section 1 of the Act of 29 August 1997-tax;

2) for the granting of insurance benefits and to withdrawal shall apply mutatis mutandis the provisions governing the granting and payment of the appropriate benefits to employees and their family members.

2. Return Policy unduly collected benefits and interest for delay in the payment of benefits, determine the pension scheme and the provisions of the Act on the social insurance system and the law on benefits cash sickness and maternity benefits.

Article. 52A. [the correct application of the provisions concerning social security contributions farmers] to the health insurance premiums for their collection, the calculation of interest on arrears, execution, making the security on all the real estate of the debtor and the application of reductions and cancellations shall apply mutatis mutandis the provisions concerning social security contributions.



Chapter 4 other matters relating to insurance Article. 53. (repealed).

Article. 54. (repealed).

Article. 55. [the special conditions for the granting of pensions, annuities agricultural incapacity or survivor's pension] 1. The President of the Fund may grant a retirement pension agricultural incapacity or survivor's pension to a farmer or domownikowi or family members of the deceased farmer or end user, despite the failure, as a result of special circumstances, the conditions set out in the Act, if the person concerned does not have the necessary means of subsistence and not for them because of their age or State of health.

2. the provision laid down in paragraph 1. 1 shall be in the amount of not exceeding the amount of the corresponding benefits from the pension insurance scheme.

2A. the President Money can pensioner, which as a result of the 1991 disintegration agricultural activities the payment of part of the supplementary provision was suspended in its entirety, grant the right to payment of 50% of that part for a specified period, if there are particular obstacles in the discontinuation of agricultural activities.

3. (repealed).

Article. 55A. [the correct application of the provisions on the granting and payment of insurance benefits] in matters not covered in the article. 55 shall apply mutatis mutandis the provisions on the granting and payment of insurance benefits.

Article. 56. [Conditions for investigation by the health recourse] if the cause of the accident at agricultural work or agricultural occupational disease was defective measure used in the work or the irregularity of the service provided, for which civil liability shall be borne by a person who is not a victim or a farmer, on whose behalf the victim worked, President of Cash can recover from that person the reimbursement of expenses incurred on insurance benefits in respect of accidents at work or occupational disease.

Article. 57. (repealed).

Article. 58. [to take ownership of the property by the State] 1. At the request of the owner of the land included in the agricultural holding, which has established the right to a pension or the invalidity pension insurance or whose spouse has established such a right if the circumstances referred to in article 1. 28 paragraph 1. 7, paragraph 1, indicated in the application property takes over the ownership of the State Treasury for a fee.

2. Acquisition of real estate and determine the remuneration is by way of decision the agricultural property Agency of the State Treasury.

2A. For a fee take over property ownership of the State Treasury shall be met entirely from funds obtained by a real estate agency property management agricultural agricultural property stock of the State Treasury.

3. Real Estate taken over on the basis of paragraph 1. 1 included in the agricultural property stock of the State Treasury.

4. liability for obligations related to running a farm shall apply mutatis mutandis to article. 526 [18] of the civil code.

5. the competent Minister of rural development, by regulation, lays down detailed rules and procedures in matters referred to in paragraph 1. 1 in this method of determining remuneration and payment of claims.



Section 5 organization and the scope of Cash and farmers ' Council Article. 59. [Chairman of the Money] 1. The President of the Fund shall appoint the President of the Council of Ministers, out of people selected through an open and competitive recruitment, at the request of the Minister responsible for rural development. President of the Council of Ministers revokes President.


2. the President of the Cash may have one alternate or two alternates. Deputy President of the Fund shall appoint the competent minister of rural development, out of people selected through an open and competitive recruitment, on a proposal from the President, submitted after consultation with the Council. The competent Minister of rural development is referenced by a Vice-President.

3. the President shall direct Cash and perform the tasks provided for in this Act and the tasks resulting from separate regulations.

4. the position of the President of the Fund may be a person who: 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of cases belonging to the property of the President.

5. Information about the vacancy position of the President of the Fund shall be by placing an advertisement in a publicly accessible place on the premises of the Office and in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198, as amended), and the Bulletin of public information the Chancellery. The advertisement should contain: 1) the name and address of the Fund;

2) specifying the position;

3) requirements associated with the position arising from law;

4) the scope of the tasks that you perform on the job;

5) an indication of the required documents;

6) date and place for the submission of documents;

7) information on the methods and techniques of recruitment.

6. the time limit referred to in paragraph 1. 5 paragraph 6, shall be not less than 10 days from the date of publication of the notice in the Bulletin of public information the Chancellery.

7. Recruitment for the post of the President of the Fund shall be carried out, the team, appointed by the Minister responsible for rural development, with at least 3 people whose expertise and experience give a guarantee to identify the best candidates. In the course of recruitment shall be assessed the candidate's professional experience, the knowledge necessary for the exercise of the tasks of the position, which is carried out recruitment and competence management.

8. assessment of the knowledge and competence management, referred to in paragraph 1. 7, may be made on behalf of the team by a person other than a member of a team that has qualified to make this assessment.

9. a member of the team and the person referred to in paragraph 1. 8, are required to maintain the confidentiality of information about applicants for the position, obtained during the recruitment.

10. In the course of the recruitment team emerges not more than 3 candidates, which the Minister competent for rural development.

11. The study recruitment team draws up a protocol containing: 1) the name and address of the Fund;

2) specifying the position, to which was recruitment, and the number of candidates;

3) names, the names and addresses of not more than 3 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

4) about the applied methods and techniques of recruitment;

5) justification for selection or the reasons for the niewyłonienia candidate;

6) the composition of the team.

12. The result of recruitment shall be immediately by placing information in the public information referred to in paragraph 1. 5. Information about the results of the selection contains: 1) the name and address of the Fund;

2) specifying the position, to which was recruitment;

3) first names, last names of selected candidates and their place of residence within the meaning of the provisions of the civil code or about niewyłonieniu.

13. the inclusion in the Bulletin of public information Chancellery of vacancies and the outcome of this selection is free of charge.

14. The team carrying out recruitment for the posts referred to in paragraph 1. 2, appointed by the President.

15. How to carry out recruitment for the position referred to in paragraph 1. 2, shall apply mutatis mutandis to paragraph 1. 4-13.

16. the President of the Cash has been on the head of the National Centre for Criminal Information to the extent necessary for the implementation of its tasks.

Article. 59A. [the recruitment of candidates for vacant positions at checkout] 1. Recruitment of candidates for employment in the vacancies at the box office is open and competitive.

2. the vacancy notice shall be included in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information, and in a place commonly available in the organizational unit, which is recruitment.

Article. 59B. [information on the candidates declared for recruitment] information about candidates who made themselves known to the recruitment, are public information within the scope of the requirements set out in the notice of vacancy.

Article. 59c. [Date of submission] deadline for the submission of documents referred to in the notice of vacancy, shall be not less than 14 days from the date of publication of this notice in the Bulletin of public information.

Article. 59d. [dissemination of the list of candidates] 1. After the expiry of the deadline for submission of documents specified in the notice of vacancy shall circulate a list of candidates who fulfil the formal requirements referred to in the notice of vacancy, by placing her in a place commonly available in the organizational unit in which it is carried out the recruitment, as well as by the publication of its public information bulletin.

2. the list referred to in paragraph 1. 1, contains the name of the candidate and his place of residence within the meaning of the provisions of the civil code.

Article. 59e. [recruitment Protocol] 1. Shall be drawn up which was carried out the recruitment of candidates for employment in the vacancies at the box office.

2. the Protocol shall contain in particular: 1) the term workplace, which was recruitment, the number of candidates and the names, surnames and addresses of not more than 5 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

2) information of the methods and techniques of recruitment;

3) justification for selection.

Article. 59F. [dissemination of information about the outcome of the recruitment] 1. Information about the outcome of the recruitment to circulate within 14 days from the date of employment of the selected candidate or the completion of recruitment, where, as a result there was no employment of any candidate.

2. The information referred to in paragraph 1. 1, includes: 1) the name and address of the Office;

2) the term workplace;

3) name of the selected candidate and his place of residence within the meaning of the provisions of the civil code;

4) justification for selection of the candidate or the justification of unemployment of any candidate.

3. information about the outcome of the recruitment disseminates public information bulletin and in place of the commonly available in the organizational unit in which he was driven recruitment.

Article. 59g. [the employment of another person from the list] if the employment relationship of the person who by means of recruitment had stopped within 3 months from the date of establishing the employment relationship can be employ the same as another person out of the best candidates listed in the Protocol of this recruitment. The provisions of article 4. 59F shall apply mutatis mutandis.

Article. 60. [the basis of employment] 1. The President of the Fund employees under a contract of employment, unless separate provisions require the employment on the basis of the appointment.

2. In the performance of their duties, employees of cash benefit from the legal protection conferred by public officers.

3. To the staff of the Fund shall be governed by the Government employees, with the exception of the provisions concerning the rights and obligations of government officials.

Article. 61. [organizational units that make up the Money] 1. Under the cash register extracts: 1) headquarters;

2) regional offices;

3) off-road facility;

4) other organizational units.

2. the competent Minister of rural development, by way of interlocutory procedures, after consultation with the Council of farmers, Checkout the Statute, specifying in the internal organization of the Cash.

Article. 62. [business Range] 1. Safe conducts activities in the field of: 1) handle policyholders and holders in matters relating to insurance coverage, insurance premiums and the granting and payment of insurance benefits;

2) tasks referred to in article 1. 63 – 66;

3) support the work of the Council of the farming population;

4) informing insured and you told us about your rights and obligations under the Act and to promote the activities of the Fund.

2. In the implementation of the insurance Safety interacts with. In particular, the Safe may have allot of making specific actions by providing appropriate reimbursement. Rules and mode of interaction govern the agreement of the President of the Fund and the President of the Establishment.

Article. 62A. [Posting public information bulletin rulings issued by the President of the Checkout] tax rulings issued by the President of the Fund on the basis of article. 10 of the Act of 2 July 2004, the freedom of economic activity in terms of payment of social security contributions by entities referred to in article 1. 5A paragraph 2. 1, together with the application for interpretation, after removing the data identifying the applicant and the other parties indicated in the body of the interpretation, the Safe shall immediately include in public information Bulletin.


Article. 63. [activities for the prevention of accidents at work and professional diseases of agricultural farming] 1. Safe activities for the prevention of accidents at work and professional diseases, agricultural farming, involving in particular: 1) analyse the causes of these accidents and diseases;

2) conducting voluntary free-of-charge training and walkthrough for insured persons in respect of the rules for the protection of life and health on the farm and in the event of an accident at work;

3) publicising knowledge about risks insured accidents at farm work and agricultural occupational diseases, as well as knowledge of the rules for the protection of life and health on the farm, and the rules of conduct in the event of an accident;

4) making efforts to correct the production and distribution of safe measures to be applied in agriculture and equipment and protective clothing for farmers.

2. the President of the Fund in consultation with the Council of Farmers, Minister for social security, Minister for rural development and Minister for health specifies the rules for the protection of health and life on the farm. These principles are recommendations for farm equipment, security people working and how to perform activities related to agricultural activities, laid down in order to prevent accidents at work and professional diseases of agricultural farming.

Article. 64. [the aid shall be granted by the health people totally unable to work] 1. Safety is taking action to help the insured and persons entitled to insurance benefits, showing total inability to work on the farm, but rokującym her recovery as a result of treatment and rehabilitation, or at risk of total incapacity for work on the farm, covering in particular: 1) targeting rehabilitation medical rehabilitation centres;

2) establishments medical rehabilitation;

3) supporting the development of outpatient rehabilitation in rural areas;

4), in-house research and analysis the causes of incapacity to work;

5) payable outsourcing research and studies on the causes of incapacity for work on the farm and methods of its prevention;

6) health promotion;

7) activities relating to preventive health care in a rural environment.

2. Safe can provide assistance to the insured in the rehabilitation of the members of their families referred to in article 1. 29. 2 of the Act.

3. the competent Minister in charge of rural development shall determine, by regulation, conditions and mode of drive medical rehabilitation and the award of contracts for the provision of, and rehabilitation services, including: 1) indications for rehabilitation and to assess its needs, 2) persistence and periodicity of total incapacity for work and the reason for its creation, 3) (repealed), 4) conditions and qualifications request for rehabilitation, 5) reimbursement of travel , 6) the conditions and mode of carrying out the competition and concluding contracts for benefits and rehabilitation services to the non-organizational units of cash-bearing in mind the need to rehabilitation of people targeted and the Fund finances prevention and rehabilitation.

Article. 65. [information provided by Cash to farmers in connection with the intention of cessation of agricultural activity] Cash grants to farmers about the agreements that may be entered into in connection with the intention of cessation of agricultural activity.

Article. 66. [to support the development of insurance operated by the mutual societies] 1. Safe can initiate and promote the development of insurance for farmers and members of their families, conducted by the mutual societies which, subject to the provisions of the insurance business. In particular, the Safe can provide assistance in the formation and activities of such companies.

2. scope and principles of the aid provided for in paragraph 1. 1 and spending limits on this goal specifies the President Money in consultation with the Council of farmers or at its request.

Article. 67. [the Council of farmers] 1. The Council of the Farmers in the number of 25 members appointed by the minister competent for the rural development of the candidates reported by socio-occupational organizations of farmers and trade unions of individual farmers with national coverage, after consultation with the applicants. At the start of the term of Office of at least 15 members should be subject to the full range of insurance, and at least 5 members should get retirement or pension insurance.

2. meetings of the Board of farmers participate in an advisory the competent minister of social security, the competent minister of rural development, the proper minister of public financies and President of Cash or their representatives.

3. the term of Office of the Council of the Farmers takes 3 years.

4. the competent Minister in charge of rural development before the expiry of the term of Office of the Council: 1) references the Member if he resign or if the reference had the reporting organisation;

2) may, after consulting the Council of farmers reference member, if no justified reasons shall not participate in the work of the Council of farmers during the next four plenary meetings or if there are significant obstacles to its further participation in the work of the Council.

5. the composition of the Council of the Farmers in the course of the term of Office shall be effected in the mode prescribed for the appointment.

Article. 68. [Organization of the work of the Farmers] 1. Organizational structure and mode of work of the Council adopted by the rules it specifies Farmers.

2. Farmers ' Council meeting shall be convened by its Chairman of the Council on its own initiative, at the request of the President of the Money or at least 10 members of the Council or the Minister responsible for rural development.

3. (repealed).

4. the Council adopts resolutions Farmers by an absolute majority of votes in the presence of at least half of the members of the Council of the Farmers, except that, in the cases referred to in article 1. 11 (1). 2, art. 13 paragraph 1. 4, art. 14 paragraph 1. 8 and article. 15 paragraph 1. 2 is required a two-thirds majority of the votes. Council rules Farmers may provide for the adoption of resolutions by qualified majority also in other cases.

5. Member Council, Farmers in connection with the participation in the work of the Council of Farmers are entitled to a lump-sum payment.

5a. the competent Minister in charge of rural development shall determine by regulation: 1) mode for the notification of the candidates for the members of the Council of the farmers;

2) the terms and conditions of remuneration of the members of the Council, having regard to the overall function of the Council of the farmers, the farmers and the expenditure incurred in connection with the participation in the work of the Council.

6. the President of the Fund provides support for the work of the Council.

Article. 69. [Powers of the Council of farmers] 1. Farmers ' Council has the right to control and evaluate the activities of the Fund. To this end, the Council may request the President of the Fund information and explanations and documents.

2. the President of the Fund is obliged to respond to the audit conclusions and other demands of the Council on the activities of the Farmers the money within 14 days.

Article. 70. [conclusions and opinions presented by the Council of the Farmers] in the cases referred to in article 1. 8 paragraph 1. 5, art. 11 (1). 2, art. 13 paragraph 1. 4, art. 14 paragraph 1. 8, art. 15 paragraph 1. 2 and art. 82 paragraph 1. 2, the Council Farmers presents its request, position or opinion and the reasons for including in particular assessment of the financial impact of the proposed regulations.

Article. 71. [Projects reviewed by the Council of the Farmers], the Council delivers an opinion on the farmers ' projects: 1) legal acts governing insurance, in particular implementing acts to the law, and the legal acts which have a direct impact on the functioning of the insurance;

2) action programmes and financial plans.

Article. 72. (repealed).

Article. 73. [the presence of the bodies of State administration in matters relating to insurance] Farmers may occur to the bodies of State administration, State institutions and organs of local government units to take specific initiatives or activities in matters relating to insurance. The recipient is obliged to give the Council a response within one month.

Article. 74. [report on the activities of the Fund and the Fund of contribution] 1. The President of the Fund, by 31 March of each year, submit to the Council a report on the activities of the Farmers Money and contribution fund in the previous year.

1a. The Council hears Farmers report referred to in paragraph 1. 1, and shall adopt its opinion and the possible proposals no later than April 30.

2. In the report referred to in paragraph 1. 1 includes also information about directions Council activities of farmers and taken by her decisions and their implementation.

3. the President of the Cash report, together with the opinion of the Council of farmers, the Ministers listed in article 2. 67 paragraph 1. 2. Chapter 6 Financial Management Art. 75. [Self finance] Safe leads an independent economy.

Article. 76. [contributory Fund] 1. A social security Contribution Fund Farmers, hereinafter referred to as "the Fund contribution." The Fund is a legal person; functions of the Management Board of the Office of the President of the Fund under the supervision of the Council.

2. the financial base of insurance and the activities of the Fund are also funds pension scheme, administrative, and prevention and rehabilitation, the President of the Fund.

2A. the funds referred to in paragraph 1. 2, are public funds targeted.


3. The State guarantees the payment of benefits financed from the Pension Fund.

Article. 76A. [the Supervisory Board of the Fund Contribution] 1. Supervision of the contribution fund fully the Supervisory Board Contribution Fund.

2. composition of the Supervisory Board of the Fund Contribution includes 5 representatives of the Council of farmers and 2 representatives nominated by the Minister responsible for rural development and 1 representative designated by the proper Minister of public financies and Minister responsible for the social security.

3. the competent Minister of rural development, in consultation with the Council of farmers, by Ordinance, statute of the insurable earnings of the Fund.

Article. 77. [the objectives financed by the Fund contributions] 1. Contribution fund is intended to finance: 1) accident insurance benefits, sick leave and maternity leave;

2) the direct costs of the functioning of the Council of the farming population;

3) management costs the Fund and carry out its obligations as a legal person;

4) Money referred to in art. 66;

5) shortage of administrative Fund, referred to in article 2. 79 paragraph 1. 3, and the Fund for the prevention and rehabilitation, referred to in article 1. 80 (2). 3.2. Contribution fund is formed from contributions to accident insurance, sickness and maternity and other sources referred to in the Statute of the Fund contribution, providing full coverage of the contributory fund expenses and deductions referred to in article 1. 79 paragraph 1. 2 and art. 80 (2). 2.3. Expenditure on activities laid down in article 18. 66 should not exceed 1% of the planned expenditure of the Fund in a given year.

4. In case of shortage of Fund contribution, may be incurred Bank loan in the amount necessary to cover the shortfall. Repayment of the loan shall be taken into account in determining the amount of contributions to accident insurance, sickness and maternity during its repayment.

Article. 78. [the objectives financed by the Fund pension scheme] 1. Pension scheme Fund is intended to finance: 1) insurance benefits pension scheme;

2) pensions from another social security, paid including insurance benefits pension scheme, together with add-ins;

3) (repealed);

4) refund referred to social security Fund costs, if the pension scheme provide for the refund;

5) health insurance: a) farmers and working with them in your household that are subject to social insurance, (b)) people drawing pensions scheme in part contributory, c) farmers, who are not subject to social insurance, and shall be subject to the health insurance.

2. the Fund pension scheme forms: 1) contributions to the pension insurance scheme;

2) refund from the Fund of social insurance to cover: a) expenditure on the provision of another social security referred to in paragraph 1. 1 point 2 (b)) expenditure arising from the article. 25 paragraph 2. 2A para 1 in conjunction with article. 25 paragraph 2. 4;

3) with complementary subsidy from the State budget;

4) with grants from the State budget for health insurance contributions referred to in paragraph 1. 1, paragraph 5;

5) with grants from the State budget for contributions to the pension insurance scheme of the persons referred to in art. 16A-16 c.

Article. 79. [administrative Fund] 1. Administration Fund is intended to finance the cost of insurance, with the exception of the costs to be charged with contributory Fund or fund prevention and rehabilitation. In addition, from the resources of the Fund shall be financed administrative support costs tasks in the field of health insurance.

2. the Administration Fund is created from: 1) deductions from the contribution fund and the Fund of the pension scheme, up to 9% of the planned expenditure of the contribution fund and to 3.5% of the planned expenditure of the Fund of the pension scheme;

2) refund by the competent institutions of the costs associated with the implementation of the health insurance and the execution of the other tasks entrusted to the President of the Fund on the basis of separate provisions.

3. If the administrative fund deficiency, deficiency of this coincides with the resources of the Fund contribution.

Article. 80. [Fund for prevention and rehabilitation] 1. Prevention and rehabilitation fund is intended to finance the cost of property, plant and equipment resulting from the performance of the tasks of the Fund referred to in article 1. 21B, 63 and 64.

2. Prevention and Rehabilitation Fund is created from a copy of the contribution from the Fund, in the amount of up to 5% of the planned expenditure from this Fund, and grants from the State budget.

3. In case of shortage of Fund for the prevention and rehabilitation, this coincides with the resources of the Fund contribution.

Article. 81. (repealed).

Article. 81A. [incentive Fund] 1. The President, in consultation with the Council, farmers can create incentive Fund as part of the copy of the administrative Fund, capital contribution fund.

2. incentive Fund has the President, in agreement with the President of the Council, Farmers, on the basis of the rules adopted by the Council.

3. incentive payments from the Fund are carried out outside the limits arising under the provisions of the State budgetary sphere compensation shaping.

Article. 82. [taking measures to reduced collection costs insurance premiums and the cost of payment of insurance benefits] 1. Safe to take action to reduce collection costs insurance premiums and the cost of payment of insurance benefits.

2. the President, in consultation with the Council of farmers or at its request, can establish bonuses for farmers paying contributions and for recipients to provide, in respect of consent to the power consumption of the contributions or the payment of benefits in a way that leads to a reduction in collection costs or payment.

3. premiums referred to in paragraphs 1 and 2. 2, are financed from the Fund.

Article. 83. [Delegation] the competent Minister of rural development in consultation with the competent Minister of public financies shall determine, by regulation, the manner in which the financial management of cash, including the preparation of the plan of the financial expenditures of money, State funds and contribution fund, which are at the disposal of the President of the Fund, and to make the changes and the collection and spending of these funds, with a view to ensuring the proper flow of these measures.



Chapter 7 of the Agreement with the successor to the Article. 84. [content of the agreement with the successor] By agreement with the successor of a farmer owning (co-owner) farm undertakes to move a person younger than him at least 15 years (successor) ownership (co-ownership) and possession of the holding from the time of entitlement to a retirement pension or an invalidity pension, if the successor to that time will work on the farm. In addition, the agreement with the successor may contain other provisions, in particular concerning reciprocal benefits pages before and after the transfer by the farmer ownership of the farm to a successor.

Article. 85. [a form of agreement] agreement with the successor, as well as the agreement for the implementation of the agreement with the successor (transferring ownership of the farm's successor), should be included in the form of a notarial deed.

Article. 86. [Streamlined or agreed with a farmer work stoppages] work condition at the farm shall be deemed to be met also in the case of justified or agreed with a farmer breaks at work.

Article. 87. [termination by the Court of the agreement with the successor] at the request of the farmer, the Court may terminate the agreement with the successor if successor without justified reasons not taken or has ceased work on the farm the farmer fails to comply with the obligations accepted in the agreement, or progressing in such a way that you can not require the farmer to comply with obligations in relation to the successor.

Article. 88. [the provision of chargeable to a successor after the transfer to him the ownership of the farm] 1. If the agreement with the successor or a contract concluded for the implementation of this agreement, except as otherwise provided, the farmer after transfer of ownership of the agricultural holding on the successor may demand from him the benefits provided for in article 4. 908 § 1 of the civil code, to the extent justified needs of the farmer and his family members and the terms for property and personal successor, with regard to its work on the holding of the farmer and of the profits gained from a farmer before entering the farm.

2. If a farmer he owned a farm on a successor before the acquisition of the right to pensions, and in agreement with the successor or a contract concluded for the implementation of this agreement, otherwise, it may also require the successor, within the range specified in paragraph 1. 1 cash benefits in the amount of not exceeding half of the basic per month until the acquisition of the right to a pension or a survivor's pension.

Article. 89. [conditions for solution by the Court of the agreement transferring the ownership of the successor farm] at the request of the farmer, the Court, after considering the interests of the parties in accordance with the rules of social conduct, may terminate the contract that moves a property holding, concluded for the implementation of the agreement with the successor if successor: 1) persistently progressing to a farmer in a manner contrary to the principles of community or 2) has committed to the farmer or one of the closest people to him grave images honor or of intentional offences against life , health or freedom, or


3) persistently fails in its obligations with respect to the farmer under the contract or by law.

Article. 90. [Request the implementation of the agreement with the successor by the heirs of the deceased farmer] if a farmer died before the agreement with the successor, who worked on his farm at least 5 years, may require the execution of this agreement by the heirs of the farmer. The claim of the successor takes precedence over the claims of title records.

Article. 91. [the correct application of the provisions of the Civil Code of the preliminary agreement] If the agreement with the successor does not follow what else, this Agreement shall apply mutatis mutandis the provisions of the Civil Code of the preliminary agreement, with the exception of article. 390 § 1.



Chapter 8 changes to the existing Article. 92. (omitted).



Article. 93. (omitted).



Article. 94. (omitted).



Article. 95. (omitted).



Article. 96. (omitted).



Article. 97. (omitted).



Article. 98. (omitted).



Article. 99. (omitted).



Chapter 9 transitional and final provisions Article. 100. [the basis of farmer's insurance on a voluntary basis who is in insurance after the entry into force of the Act] 1. The farmer or household member voluntarily continuing their insurance under the provisions on social insurance individual farmers and members of their families, on the date of entry into force of the Act becomes the insured upon request, unless it meets the conditions of membership of the Insurance Act.

2. On application by 30 June 1991, the farmer or household member that on 31 December 1990 was subject to under the laws of social insurance, individual farmers and members of their families, and is not subject to the insurance wypadkowemu, chorobowemu and maternal or pension-rentowemu by law due to a change in reporting policy insurance, may be covered by insurance with effect from 1 January 1991, the contribution to pay for the entire period of insurance.

Article. 101. [the term decision setting out are subject to insurance by ending mandatory retirement age on March 31, 1991.] Decision establishing the insurance are subject to by the person who completed or until 31 March 1991 to finish the retirement age, can take place only after the expiry of that period. If, within that period, an application for retirement pension insurance and the conditions for the grant of that benefit, not contributions to the pension insurance scheme for the first quarter of 1991.

Article. 102. [amount of contributions to accident insurance, sickness and maternity] 1. The premium for accident insurance, sickness and maternity benefits, referred to in article 1. 7 paragraph 1. 1:1) in the first quarter of 1991 – 60 000 PLN;

2) in the second quarter of 1991, 16% of the pension base.

2. starting from the third quarter of 1991, the amount of this contribution shall be as specified in art. 8 paragraph 1. 4. Article. 103. [indexation of pensions from social security, individual farmers and members of their families] 1. Pensions of social security individual farmers and members of their families shall be adjusted in such a way that: 1) dimension indicator shall be to provide, along with the increases and for medals of State [19], the addition of kombatanckim and the addition of a secret teaching, as at 31 December 1990;

2) from 1 January 1991, the benefit is paid according to so fixed pointer.

2. in determining the benchmark provided for in paragraph 1. 1 for pensions, to which a right was founded in 1990, the increase of the value of sales of agricultural products shall be increased by one-fourth.

Article. 104. [the conversion pension and disability pension entitlement under the Act on social insurance individual farmers and members of their families] 1. Pensions and disability rights pursuant to art. 23A of the law established in article 5. 122 shall be converted in such a way that: 1) computes the full height of the pension (the full amount of the base along with increases) on 31 December 1990, according to the existing legislation, taking into account article. 103 para. 2;

2) for such a calculated amount is determined by the dimension ratio.

2. pending the cessation of agricultural activity, retirement or survivor's pension referred to in paragraph 1. 1, shall be paid in the amount resulting from the indicator dimension, minus 23.75% of the pension base.

Article. 104A. [One-time payment] 1. People who download the pensions referred to in article 1. 103 and 104, and granted on the basis of this Act, in an amount not more than the amount of the Basic, are entitled to a one-off payment of £ 100.

2. implementation of the withdrawal in March 2005 and March 2006.

3. one-time payment is not entitled in this calendar year, in which there has been a change in the amount of basic pension in connection with the general salary and pensions rights on the basis of pension provisions.

4. one-time payment is financed from the funds of the State budget.

Article. 105. [special cases of suspension of payment of the pension or annuity] 1. If the payment of pensions of social security individual farmers and members of their families in accordance with the provisions in force at the date of the grant of the benefit is not subject to suspension, provided for in article 5. 28 suspension of payment shall apply only if the circumstances justifying the suspension occurred after 31 March 1991.

2. If existing provisions provide for the suspension of the payment of pensions of social security individual farmers and members of their families, and, pursuant to art. 28 suspension of payment only applies to a specific part of this benefit, the resumption of payment of the remaining part is on request.

Article. 106. [the correct application of the provisions of the Act on pension invalidity pension for agricultural] 1. Periodic disability pensions granted on the basis of existing provisions, are entitled under the terms and in the amount set out in these regulations. To rent these shall apply mutatis mutandis the provisions of the Act on pension invalidity pension for agricultural, with the exception of article. 28.2. At the request of the person entitled to periodic disability pension as referred to in paragraph 2. 1, instead of the survivor's pension shall be granted to agricultural invalidity pension, granted on the terms and in the amount referred to in article 1. 22 and article. 24-28.

Article. 107. [the provisions applicable at the confluence of the right to a pension or a pension with social security law enjoyed by another insurance] 1. To the junction of the right to a pension or a pension with social security individual farmers and their family members with the right to pensions from other social security provisions.

2. If a pension or social security pension individual farmers and their family members was not yet paid including retirement or pension from another social security, these benefits shall be paid from the Fund the pension scheme.

Article. 108. [loss of power of the decision fixing the conditional right to social insurance benefits individual farmers and their family members] are hereby repealed decisions fixing the conditional right to social insurance benefits individual farmers and members of their families, if the conditions of entitlement are not met before the date of entry into force of the Act. The person concerned may, however, upon fulfillment of all the conditions, retry the request for registration of the case according to the existing legislation, if not applying for an analogous provision of insurance.

Article. 109. [transitional provision] the case of cash benefits from social security, individual farmers and members of their families, to which arose before the date of entry into force of the Act, initiated and not completed before that date by decision of the social insurance shall be arranged on the basis and in certain existing provisions. The applicant may, however, require settlement according to the provisions of the Act; This does not apply to cases of childbirth, maternity allowance, sickness allowance, funeral or for one-time compensation for accident at work.



Article. 110. (omitted).



Article. 111. (omitted).



Article. 112. (omitted).



Article. 113. (omitted).



Article. 114. (omitted).



Article. 115. (omitted).



Article. 116. (omitted).

Article. 117. [registration of lease contracts in the records of land and buildings] lease agreement concluded pursuant to article 18. 2, point 6 (a). (b) the law established in article 5. 122, subject to registration in the register of land and buildings. Application of the agreement shall be made in the records of the Mayor of the municipality where a contract is drawn up.

Article. 118. [Gratuitous transfer of property donated for use in Exchange for the transfer of ownership of State Farm] 1. The person entitled to the right of use parcels of land in respect of the transfer of the holding, under the existing legislation, at the latter's request shall be granted free of charge ownership of this land.

2. The person entitled to the right to the free use of a dwelling and farm premises in respect of the transfer of the holding, under the existing legislation, at the latter's request shall be granted free of charge to the ownership of the plot involving buildings in which are located the premises and the premises of the necessary for the use of these buildings.


2A. a request for the grant of the right of ownership of the land referred to in paragraph 1. 1 or 2 can also occur a descending persons entitled referred to in those provisions, which after the death of the person actually speaks, in the range of its powers, the real estate; However, if eligible are spouses, such application may be requested only after the death of both spouses.

3. The provisions of paragraphs 2 and 3. 1-2a shall not apply if the land is not subject to ownership of the State Treasury or local government unit or where the granting of ownership would violate the rights of third parties to the land or buildings, referred to in those provisions.

4. Decisions on matters referred to in paragraph 1. 1-2a it seems the Governor.

5. The use of the powers provided for in paragraph 1. 1 and 2 shall not affect the amount of pensions and annuities.

Article. 119. [provisions applicable to determine the legal consequences of the agreement for the free transfer of holding successor] 1. The legal consequences of the agreement for the free transfer of holding successor in mind existing provisions shall be determined according to these rules.

2. at the request of the farmer, that charge has donated farm successor prior to the entry into force of the Act, the Court, after considering the interests of the parties in accordance with the rules of social conduct, may terminate the contract, if one of the grounds referred to in article 1. 89 points 1-3.

Article. 120. [transitional provision] until the regulations to this Act shall apply mutatis mutandis the provisions of existing, if they are not contrary to the Act.

Article. 121. (omitted).

Article. 122. [the provisions repealed] is repealed the Act of 14 December 1982 on social insurance individual farmers and members of their families (Journal of laws 1989, no. 24, item 133 and No. 35, item 190 and of 1990 No. 14, item 90 and No. 34, item 198).

Article. 123. [entry into force] this Act shall enter into force on 1 January 1991, with the exception of article. 61 paragraph 1. 2, which shall enter into force on 1 June 1991.



 

Annex 1. [TABLE TYPES AND SIZES OF SPECIAL DEPARTMENTS OF AGRICULTURAL PRODUCTION]

The annex to the Act of 20 December 1990.

TABLE types and SIZES of SPECIAL DEPARTMENTS of AGRICULTURAL PRODUCTION Lp.

Types of crops and the production of ornamental plants 1 2 1 and the other in greenhouses heated above 100 m2 2 cultivation in greenhouses heated above 100 m2 3 ornamental plants and the rest in plastic tunnels heated above 200 m2 4 Growing mushrooms and mycelium – above 100 m2 disc 5 slaughter poultry: a) chickens – over 1000 PCs. (per year) b) geese-above 500 PCs. (per annum) (c)) ducks-over 500 PCs. (per year) d) turkeys-above 500 PCs. (per year) e) ostrich-20 PCs. (per annum) 6 Poultry laying: a) laying hens (in the herd reproductive) – over 2000 PCs. (per year) b) geese (in the herd reproductive)-over 200 PCs. (per year) c) (in the herd reproductive) – over 500 PCs. (per year) d) turkeys (in the herd reproductive) – over 500 PCs. (per year) e) chickens (the production of eggs for consumption) – over 1000 PCs. (per year) f) ostrich (in the herd reproductive)-6 PCs. (per year) 7 Bets hatching poultry (production capacity-the number of eggs): a) chickens – over 3000 PCs.

 

(b)) geese-above 3000 PCs.

 

(c)) ducks-over 3000 PCs.

 

d) turkeys-above 3000 PCs.

 

e) ostrich-above 50 PCs.

8 fur animals – more than 50 PCs. female livestock: a) list and raccoon dogs b) hole c) ferret offalis d) Chinchilla e) nutrie f) rabbit 9 Apiary above 80 families 10 Breeding and rearing of pigs outside the holding above 100 PCs.

 

[1] the amount of out of date. The amount of current announces the competent Minister in rural development by means of a notice in the official journal "Monitor Polish".

By the year 2015 the amount of the annual amount of the border is $3 204 on the basis of the notice, the Minister of agriculture and rural development of 30 April 2015 on the annual amount of limit (M.P.. 412).

[2] this issue out shall be governed by the provisions of art. 10 of the Act of 28 June 1996 amending certain laws on retirement pension and social insurance (Journal of laws No. 100, item. 461), which entered into force on 1 September 1997.

[3] on the basis of paragraph 9 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 19 paragraph. 1 is compatible is consistent with the expressed in the article. 2 the Constitution of RP principles trust to the State and statute law and the protection of acquired rights, as well as with article. 23, art. 32 and article. 33 of the Constitution.

[4] on the basis of paragraph 9 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 19 paragraph. 1a is compatible is consistent with the expressed in the article. 2 the Constitution of RP principles trust to the State and statute law and the protection of acquired rights, as well as with article. 23, art. 32 and article. 33 of the Constitution.

[5] on the basis of paragraph 9 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 19 paragraph. 1b is compatible is consistent with the expressed in the article. 2 the Constitution of RP principles trust to the State and statute law and the protection of acquired rights, as well as with article. 23, art. 32 and article. 33 of the Constitution.

[6] on the basis of paragraph 10 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 19 paragraph. 2A is compatible with expressed in the article. 2 the Constitution of RP principles trust to the State and statute law and the protection of acquired rights, as well as with article. 32 of the Constitution.

[7] on the basis of paragraph 11 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 19A, in so far as obtaining permission under the conditions provided for therein is not limited and it is not harmonised with the zrównaniem the retirement age for women and men, is incompatible with article 2. 2, art. 32 and article. 33 of the Constitution. Article. 19A; the field has lost power may 26, 2014.

[8] on the basis of the judgment of the Constitutional Court of 30 May 2000 (OJ l. # 45, item. 531), art. 25 paragraph 2. 2 is incompatible with art. 2 and art. 32 paragraph 1. the Constitution of POLAND, in so far as it does not provide for the possibility of additions to the number of years being subject to pension insurance-rentowemu, from which depends on the height of the contributory pension-survivor's pension, the periods of active military service in the Polish Army or periods of its equivalent or substitute form this duty, before 1 January 1999, the activities of the combatant, equivalent with those activities, as well as periods in the activity periods and be subject to repression of war and the post-war period referred to in the provisions of the law of 24 January 1991 on kombatantach and some of the people who are the victims of repression, war and the post-war period (Journal of laws of 1997, no. 142, item 950; ost. Journal of laws of 2000 No. 12, item. 136), perform in Poland professional military service and remain in respect of service in the police and in formations, in the period before 1 January 1999 or after that date, but not subject to pension insurance scheme. Article. 25 paragraph 2. 2. the field has lost the power of 2 June 2000.

[9] Currently: the competent minister in charge of social security pursuant to article 14. 4 paragraph 1. 1, art. 5 paragraph 26 and article. 31 of the Act of 4 September 1997 on the Government departments (OJ of 2013.743 and 984), which entered into force on 1 April 1999.

[10] Repealed by article. 33 point 7 (b). (c) of the Act of 21 November 2008 on the capital retirement pensions (OJ No 228, item. 1507), which entered into force on 8 January 2009.

[11] Article. 35 paragraph 1. 1 paragraph 3 is added to be fixed by the article. 3 paragraph 1 of the Act of 23 October 2014, amending the law on pensions and pensions from the social insurance fund and certain other laws (OJ, item 1682). Change came into force on March 1, 2015.

[12] Article. 35 paragraph 1. 1A by art. 3 paragraph 2 of the Act of 23 October 2014, amending the law on pensions and pensions from the social insurance fund and certain other laws (OJ, item 1682). Change came into force on March 1, 2015.

[13] Currently: agricultural property agency, according to the article. 18 of the Act of 11 April 2003 on developing agricultural regime (OJ of 2012.803) which entered into force on 16 July 2003.

[14] on the basis of the judgment of the Constitutional Court of 31 July 2014 (OJ, item 1061) art. 50 paragraph 1. 1, first sentence, in so far as it authorizes Cash Agricultural social insurance to the withholding of paid sick pay social security contributions of farmers, is compatible with article. 67 paragraph 1. 1 in connection with article. 2 the Constitution of POLAND.

[15] Currently in the article. 79 section 2 does not contain points.

[16] Repealed by article. 1 section 53 of the Act of 30 June 2005 amending the law-tax and amending certain other acts (Journal of laws. # 143, item. 1199), which entered into force on 1 September 2005.

[17] now article. 112 § 1 does not contain points.


[18] Repealed by article. 1, paragraph 34 of the law of 14 February 2003 amending the law – civil code and certain other laws (Journal of laws. # 49, item. 408), which entered into force on 25 September 2003.

[19] on November 15, 1991. This allowance is not entitled, pursuant to article 18. 41 of the Act of 17 October 1991 on the revalued pensions, rules for determining the pensions and amending certain acts (Journal of laws No. 104, item 450), which entered into force on 15 November 1991.

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