ACT

of 7 September 2007

amending the Act on Pensions and Rents from the Social Insurance Fund

• Metric
• Codified text

Article 1. In the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. ¹⁾ ) the following amendments shall be made:

1) in art. In point 1, in the introductory sentence, the words 'to the 9th working day of February' shall be replaced by the words 'to the 7 working day of February';

2. Article 88 and 89 are replaced by the following:

" Art. 88. 1. Pensions and pensions are subject to valorisation every year from 1 March.

2. The valorisation shall consist in multiplying the amount of the benefit and the basis of its dimension by the valorisation index.

3. The calculation shall be subject to the amount of the benefit and the basis of its dimension in the amount of the last day of February of the calendar year in which the valorisation shall be carried out.

4. The valorisation shall cover pensions and pensions granted before the date of valorisation.

Article 89. 1. The valorisation index is the average annual price index of consumer goods and services in the previous calendar year, increased by at least 20% of the real increase in the average wage in the previous calendar year.

2. The price index of consumer goods and services referred to in paragraph 2. 1, is the average annual price index of consumer goods and services for households of retirees and pensioners or the average annual price index of consumer goods and services, if it is higher than the price index of consumer goods and services for households of retirees and pensioners.

3. Increase by at least 20% of the real increase of the average remuneration referred to in paragraph. 1, shall be negotiated annually within the framework of the Tripartite Commission for Economic and Social Affairs.

4. If the Trilateral Commission for Economic and Social Affairs within 5 days from the day of the announcement by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski" the message referred to in art. 94 par. In accordance with Article 1 (1) and (2), the amount of the increase referred to in paragraph 1 shall be agreed by a resolution. 3, the valorisation index shall be published in the Official Journal of the Republic of Poland "Monitor Polski", by means of the communication of the Minister responsible for Social Security Affairs.

5. If the position of the Tripartite Commission for Economic and Social Affairs is not agreed in accordance with the procedure laid down in paragraph 5. 3 and 4, the Council of Ministers shall determine within 2 days of the conclusion of the negotiations, by means of a regulation, the value of the valorisation rate, taking into account the indicators referred to in paragraph. 1 and 2. ';

3. Article 94 is replaced by:

" Art. 94. 1. The President of the Central Statistical Office announces, in the form of a communication, in the Official Gazette of the Republic of Poland "Monitor Polski":

1. by the end of January:

(a) the average annual price index of consumer goods and services,

(b) average annual price index of consumer goods and services for households of retirees and pensioners

-in the previous calendar year;

2. within the period up to 7 working days of February, the real increase in the average salary in the previous calendar year.

2. The President of the Plant announces, in the form of a communication, in the Official Journal of the Republic of Poland "Monitor Polski", at least on 7 working days before the nearest term of valorisation:

1) due to the date of value valorisation:

(a) the lowest pensions and pensions,

(b) the nursing allowance and the additive for orphans complete;

2) valid from the date of the valorisation of the amount of the maximum reductions, calculated in accordance with art. 104 (1) 9. ';

4) in art. 194a (1) 5.

" 5. For the benefits of pensioners born after 31 December 1929. the base amount shall be increased to 100% of the average remuneration accepted to determine the amount of the benefit on the date of its allocation, from 1 March 2008. '

Article 2. 1. The rate of valorisation of pensions and pensions in 2008. is not less than the average annual price index of consumer goods and services in 2007. with respect to 2005, increased by at least 20% of the real increase in the average wage in 2007. with respect to 2005

2. The rate of valorisation of pensions granted or recalculated in accordance with art. 110 of the Act as amended in Art. 1, for the period from 1 March 2007. by 29 February 2008, shall be determined by dividing the value of the valorization calculated as set out in the paragraph. 1 by the average annual price index of consumer goods and services in 2006, increased by at least 20% of the real increase in the average wage in 2006.

3. The average annual price index of consumer goods and services referred to in paragraph 1. 1 and 2, is the average annual price index of consumer goods and services, or the average annual price index of consumer goods and services for households of pensioners, if it is higher than the average annual price index of the goods and total consumption services.

4. The President of the Central Statistical Office will announce, in the form of a communication, in the Official Gazette of the Republic of Poland "Monitor Polski":

1. within the deadline of 31 January 2008:

(a) the average annual price index of consumer goods and services in 2007. with respect to 2005,

(b) average annual price index of consumer goods and services for households of retirees and pensioners in 2007. as compared to 2005;

(2) by the 7th working day of February 2008. real increase in the average wage in 2007. with respect to 2005

5. Rules of Art. 89 of the law referred to in art. 1, as amended by this Act, shall apply.

Article 3. The Act shall enter into force on 1 January 2008.

President of the Republic of Poland: L. Kaczyński

¹⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355, of 2005 Nr 167, pos. 1397 i Nr 169, poz. 1412 and 1421, 2006 Nr 104, pos. 708 and 711 and No. 208, pos. 1534 and 2007. No 17, pos. 95 and No. 82, pos. 558.