Key Benefits:
REGULATION OF THE MINISTER OF LABOUR l SOCIAL POLICY
of 17 August 2000
on the detailed rules for the cooperation of the Social Insurance Institution with insured and payer contributions in the setting of initial capital.
On the basis of art. 175 par. 5 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. Nr 162, pos. 1118, 1999 No. 38, pos. 360, Nr 70, poz. 774, Nr 72, poz. 801 and 802 and No. 106, pos. 1215 and 2000 No 2, pos. 26, Nr 9, poz. 118, No 19, pos. 238 and No. 56, pos. 678) the following shall be managed:
§ 1. The Regulation lays down the rules for the cooperation of the Social Insurance Institution, hereinafter referred to as 'the plant', with insured and payer contributions for the setting of initial capital for insured persons born after 31 December 1948, who before the 1 January 1999 they have paid contributions to social security or for whom contributions have been paid for by the payment of contributions.
§ 2. 1. The pension authority, due to the seat of the payer's contribution, shall request the payer of the contributions with a call for the submission of the completed documentation in order to establish initial capital for the persons for whom the payer transfers to the Imienne Bet monthly reports, subject to paragraph. 2.
2. The provision of the paragraph. 1 shall not apply to the payer of contributions:
1) which is the principal,
2) being a natural person employing workers, not paying sickness insurance benefits,
3) paying the contribution for the co-operating persons.
§ 3. Article 2 (2) 1 shall apply mutatis mutandis to the payer of the premiums paid for the contribution of own insurance.
§ 4. The payer of the contributions referred to in Paragraph 2 (2) of the 1, may collect documentation in order to establish initial capital also for the person in respect of whom his obligation to report monthly reports to the Company ceased before the day of receipt of the call for the submission of completed documentation in order to the establishment of initial capital.
§ 5. 1. A person not subject to a pension insurance and the person for whom the contributions to the pension insurance pay the payer's contributions as referred to in § 2 (1) 2, submits an application for the establishment of initial capital together with the documentation in the X-ray competent authority due to its place of residence, and when there is no place of residence in Poland-in an annuity competent due to the place of the last the permanent residence in Poland.
2. Paragraph Recipe 1 shall apply mutatis mutandis to persons receiving unemployment benefits or a scholarship from a district labour office and to persons who charge permanent allowances or guaranteed temporary benefits from social assistance.
3. In the case of an application for the establishment of the initial capital by the proxy, the application shall be accompanied by a power of attorney.
§ 6. 1. In the notice referred to in § 2 par. 1, the annuity shall set a time limit and a timetable for reporting the documentation. In determining the time limit, the annuity shall take into account the number of persons for whom initial capital will be determined.
2. The contribution payer shall notify the insured person of the time limit specified by the annuity, and calls upon the insured person to provide the payer with that documentation. The provisions of § 10 shall apply mutatis mutandis.
3. The term may be extended when the application of the documentation within the time limit indicated in the notice of the pension authority is not possible for valid reasons.
§ 7. 1. If the insured person, who before 1 January 1999 has been subject to the employment insurance of more than one contributor of contributions, will receive a request to provide documentation from one of these payers, asks the other payers for a dossier, which he then gives to the payer the contributions that he called for it to be delivered.
2. If the insured has received a request to provide documentation simultaneously from more than one contributor of contributions, the provision of the paragraph shall be made. 1 shall apply mutatis mutandis, with the fact that all the documentation of the insured person shall provide the payer with contributions which the first has requested.
3. The possibility of providing the insured documentation from the other payers directly to the profitable authority by the insured person, with the fact that the insured person is obliged to notify each of the payers of the contributions of the fact that the insured person is the documentation of the profitable authority.
§ 8. Where, before 1 January 1999, the payer of the contributions paid the social security contributions for the insured person at the same time the contributions to his own social insurance, the insured person shall inform the payer of the contributions on the period of payment of the insurance contributions and of the the name of the annuity. Article 7 (1) 3 shall apply mutatis mutandis.
§ 9. The contribution payer shall provide the documentation to the pension authority which has requested it to be sent.
§ 10. 1. The payer of contributions may, with the consent of the insured person expressed in writing, carry out an investigation to collect the documentation for the establishment of initial capital.
2. Within the framework of the procedure referred to in paragraph 1. 1, the current contributor of the contributions may apply to the former payers of the contributions for the transfer of the documentation concerning the insured, including a copy of the statement of the insured person on the consent to the transfer of the documentation.
3. In the event of the disagreement referred to in paragraph 1. 1, the obligation to complete the documentation shall be charged to the insured person.
§ 11. The payer of contributions shall issue the documents necessary for the establishment of initial capital for the persons for which he has paid social security contributions and for persons who have remained in service before 1 January 1999. and will not meet the conditions for the acquisition of the right to benefits specified in the provisions on the pension provision of professional soldiers, officers of the Police, State Protection Office, Border Guard, Prison Service and the State Fire Service.
§ 12. The duties of the payer shall, in particular, be:
1) inform the insured of the documentation possessed,
2) the receipt of the documentation from the insured, the security of it and will cease to the annuity body within the set time limit,
3. to provide the insurer with information on other storage locations for the establishment of initial capital.
§ 13. The pension authority referred to in paragraph 9 shall transmit the documentation sent by the payer of the contributions to the profitable authority competent for the decision on initial capital on the basis of the place of residence of the insured person, and where the insured person does not have the the place of residence in Poland-a profitable authority with regard to the place of the last permanent residence of the insured person for permanent residence in Poland, informing the insured person and the current payer of contributions.
§ 14. In the case where the documentation has been shown periods of insurance abroad, which on the basis of the Polish international agreements in the field of social security are subject to the inclusion as periods of insurance in Poland, the body The annuity transfers all the documentation to the entity implementing the specific international agreement, informing the insured person and the current contributor of the contributions.
§ 15. 1. The annuity shall be returned to the payer of contributions for the completion and submission of documentation in accordance with the schedule and as part of the timetable for sending requests.
2. When creating the timetable, the annuity authority shall take into account the number of contributors to the contributions established in its field of activity and the number of insured persons remaining in the insurance of those payers.
3. The timesheet is subject to the current update in the event of information on changes in the number of payers and insured persons remaining in the insurance of these payers.
4. On updating the timetable, the annuity shall inform the payer of contributions, indicating the new time limit (deadlines) for reporting documentation.
5. The pension authority shall refer the calls for documentation to the insured persons in the first instance to the payers of the premiums held in bankruptcy or in liquidation.
§ 16. After the initial capital has been established, the pension shall be returned to the insured person's original document, leaving the photocopies certified by him in the file.
§ 17. The Regulation shall enter into force after 14 days from the date of the announcement.
Minister of Labour and Social Policy: w z. J. Staręga-Piasek
