Key Benefits:
ACT
of 21 November 2008
o Capital pension
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act shall specify:
1) the types of cash benefits paid from the funds collected in the open pension funds and the funds listed on the sub-account referred to in Art. 40a of the Act of 13 October 1998. o Social Security System (Dz. U. of 2013 r. items 1442, from late. zm.), hereafter referred to as "capital pensions";
2) the rules for the acquisition of the right to capital pensions;
3) the rules and mode of granting capital pensions;
4) rules for setting the amount and payment of capital pensions.
Article 2. [ Equal Treatment of all insured persons] In determining the amount of capital pensions, the Act is based on equal treatment of all insured persons irrespective of sex, race, ethnicity, nationality, state of health, marital status and family status.
Article 3. [ Definitions] The terms used in the Act shall mean:
1) old-age pension from the Social Insurance Fund-a pension to which the Social Insurance Institution has established the law under the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2013 r. items 1440, with late. zm.);
2. (repealed);
3) the pension fund-the fund referred to in art. 55 par. 1 point 1 of the Act of 13 October 1998. the social security scheme;
4) Social Insurance Fund-Social Insurance Fund, referred to in art. 51 (1) 1 of the Act of 13 October 1998. the social security scheme;
4a) a member of the open pension fund-a natural person who obtained membership in an open pension fund in accordance with the provisions of the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2013 r. items 989, 1289 and 1717) or whose funds are recorded on the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security system, as well as the natural person whose funds collected on her account in the open pension fund have been transferred from this fund to the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security scheme;
5) the amount of the nursing allowance-the amount referred to in art. 75 par. 2 of the Act of 17 December 1998. with pensions from the Social Insurance Fund;
6) (repealed);
7) pension for incapacity for work or a survivor's pension, to which the law established the Social Insurance Institution on the basis of the Act of 17 December 1998. about pensions from the Social Insurance Fund or on the basis of separate regulations;
8) (repealed);
9) (repealed);
10) (repealed).
Article 4. [ Capital Pensions] Capital pensions are entitled under the pension insurance scheme referred to in the social security scheme.
Article 5. [ Eligible for Retirement Pensions] Capital pensions are entitled to a pension from the Social Insurance Fund.
Article 6. [ Referral to the provisions of other laws] In cases not covered by the Act on Capital Pensions, the following shall apply mutatis mutandis:
1. 2a, art. 80 points 1-4, art. 81 point 1, art. 82, art. 83, art. 83b, art. 84 (1) 1, 4-8e, 11, and art. 85 of the Act of 13 October 1998. the social security scheme;
2. Article 100, art. 101, art. 103a, art. 114, art. 115, art. 116 (1) 1b, 1c, 1d and 2, art. 118, art. 121, art. 122 (1) 1, art. 124, art. 128-130, art. 132, art. 133-144 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
Chapter 2
Types of capital pensions and rules for the acquisition of the right to those pensions
Article 7. [ Types of capital pensions] 1. From the funds listed on the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security system, hereinafter referred to as the 'sub-account', shall be entitled to a periodic capital pension.
2. The periodic capital pension shall be entitled to a member of an open pension fund until the end of the age of 67, subject to the provisions of paragraph 1. 2a.
2a. In the period from 2014 to 2020, the periodic capital pension shall be entitled to a member of an open pension fund until it is reached before:
1) 1 September 2014 age 65 years and 5 months, or
2) 1 January 2015 age of 65 years and 6 months, or
3) 1 May 2015 age 65 years and 7 months, or
4) 1 September 2015 age 65 years and 8 months, or
5) 1 January 2016 age 65 years and 9 months, or
6) 1 May 2016 age 65 years and 10 months, or
7) 1 September 2016 age 65 years and 11 months, or
8) 1 January 2017 the age of 66 years, or
9) 1 May 2017 age 66 years and 1 month, or
10) 1 September 2017 age 66 years and 2 months, or
11) 1 January 2018 age 66 years and 3 months, or
12) 1 May 2018 age 66 years and 4 months, or
13) 1 September 2018 age 66 years and 5 months, or
14) 1 January 2019 age 66 years and 6 months, or
15) 1 May 2019 age 66 years and 7 months, or
16) 1 September 2019 age 66 years and 8 months, or
17) 1 January 2020 age 66 years and 9 months, or
18) 1 May 2020 age 66 years and 10 months, or
19) 1 September 2020 age 66 years and 11 months.
3. The periodic capital pension shall be financed by the Social Insurance Fund.
3a. (repealed).
4. (repealed).
Article 8. [ Acquisition of the right to a periodic capital pension] A member of an open pension fund shall acquire the right to an interim capital pension if:
1) reached the age referred to in art. 24 ust. 1a of the Act of 17 December 1998. on pensions from the Social Insurance Fund, and
2. the amount of the funds collected on the sub-account, determined on the last day of the month preceding the month from which the pension is to be granted, shall be equal to or higher than the 20 times the amount of the nursing allowance.
Article 9. [ Termination of the right to a periodic capital pension] The right to a periodic capital pension shall be extinguished:
1) in the event of the death of a member of an open pension fund;
2) on the day preceding the day on which a member of the open pension fund graduated from 67. year of life, subject to art. 7 ust. 2a;
3. in the event of exhaustion of the funds collected on the sub-account.
Article 10. (repealed).
Article 11. [ Inclusion of sub-account-based resources] Where a member of an open pension fund does not meet the condition referred to in Article Point 2 of the Social Insurance Institution shall take into account the appropriations collected in the sub-account for the purpose of determining the amount of the pension referred to in Article 8 (2) of the basic Regulation. 24 ust. 1 or Art. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
Chapter 3
Rules and mode of granting capital pensions
Article 12. [ Determination of the right to a capital pension and its amount] 1. The right to a capital pension and its amount shall be determined by the Social Insurance Institution, by decision, on the basis of an application for the determination of the right to a pension submitted by a member of the open pension fund.
2. The submission of the application referred to in paragraph. 1, means at the same time submitting an application for the determination of the right to a pension as referred to in Article 24 ust. 1 of the Act of 17 December 1998. about pensions from the Social Insurance Fund, and the capital pension.
Article 13. [ Determination of the right to a periodic capital pension] 1. The right to a periodic capital pension shall be determined from the office, if the right to a pension from the Social Insurance Fund is determined on the basis of art. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
2. Assuming the proceedings of the office on the basis of art. 24a of the law referred to in paragraph 1. 1, before reaching the age referred to in art. 7 ust. 2 or paragraph 2a, at the same time, the initiation of proceedings for a temporary capital pension.
Article 14. [ Proceedings on the determination of the right to a periodic capital pension and its amount] 1. (repealed).
2. (repealed).
3. (repealed).
4. The Social Insurance Institution, taking into account the amount of the funds collected on the sub-account, shall determine the right to the periodic capital pension and its amount if the condition referred to in Article is fulfilled. 8 point 2.
5. (repealed).
6. (repealed).
7. (repealed).
8. (repealed).
9. (repealed).
10. (repealed).
11. (repealed).
12. (repealed).
Article 15. [ The failure to determine the right to an interim capital pension and its amount] 1. The Social Insurance Institution shall not set the right to a periodic capital pension and its amount, if the condition referred to in Article is not fulfilled. 8 point 2.
2. (repealed).
Article 16. (repealed).
Article 17. (repealed).
Art. 17a. [ Taking into account the amount of the funds collected on the sub-account in determining the amount of the pension from the FUS] 1. If a member of an open pension fund lodges for the first time a pension application from the Social Insurance Fund referred to in art. 24 ust. 1 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund, after the age referred to in art. 7 ust. 2, the amount of the funds collected on the sub-account shall be taken into account when determining the amount of the pension from the Social Insurance Fund.
2. Paragraph Recipe 1 shall apply mutatis mutandis in determining the amount of the pension from the Social Insurance Fund granted on the basis of the Article. 24a of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund of a member of the open pension fund, who has completed the age indicated in art. 7 ust. 2.
3. In the case of persons who until the date indicated in the art. In accordance with the provisions of Article 4 (2) of the basic Regulation, the provisions of Article 4 (2) of the Rules of Law of the European Union shall be taken into consideration 103a of the Act of 17 December 1998. on pensions from the Social Insurance Fund, the funds on the sub-account shall be taken into account when determining the amount of the pension from the Social Insurance Fund.
Article 18. (repealed).
Article 19. (repealed).
Article 20. (repealed).
Article 21. (repealed).
Article 22. (repealed).
Article 23. (repealed).
Chapter 4
Rules for determining the amount of the capital pensions and their payment
Article 24. [ The amount of the periodic capital pension] The amount of the periodic capital pension shall be the quotient of the amount of the funds collected on the sub-account fixed for the date referred to in Article 4. Article 2 (2), and the average life expectest referred to in Article 8 (2) (a) of 26 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
Article 25. [ Reestablishment of the amount of the periodic capital pension] (1) If, after the date on which the periodic pension is granted, the pensioner is subject to pension insurance, the pension shall be re-established at the request of the pensioner. Article Recipe 24 shall apply mutatis mutandis-with the fact that, in months, the average life of life is determined for the age of the insured person on the day on which the application for the reestablishment of the pension is applied for.
2. The submission of an application to reestablish the amount of a periodic capital pension shall mean at the same time submitting an application for the reestablishment of the amount of the pension from the Social Insurance Fund in accordance with art mode. 108 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
3. If, as a result of the redetermination of the amount of the periodic capital pension, the amount of the benefit is lower than the amount collected so far, the temporary capital pension shall be paid in the amount so far.
4. Redetermination of the amount of the periodic capital pension shall be made on the application notified not earlier than after the expiry of the calendar year or after the termination of the pension and disability insurance.
5. (repealed).
Article 26. [ Valorization] 1. The periodic capital pension shall be valorised annually on the basis and in the mode specified for the pension from the Social Insurance Fund.
1a. (repealed).
2. (repealed).
Article 27. (repealed).
Article 28. (repealed).
Article 29. (repealed).
Article 30. [ Payment of the capital pension] 1. Capital pensions are paid through the organisational unit of the Social Insurance Institution, which is competent to pay the pension from the Social Insurance Fund.
2. Capital pensions are paid together with a pension or a pension.
3. Where a person entitled to a capital pension and a pension from the Social Insurance Fund takes a pension from another pension authority, the capital pension shall be paid out, on the date determined as the due date, the entity the organisation of the Social Insurance Institution, which has established the right to a pension from the Social Insurance Fund.
4. The body referred to in paragraph 3, it is obligatory to inform the Social Insurance Institution immediately about:
(1) withholding the payment of the pension and the reasons for it,
2) taking payment of an annuity
-if he has been informed of the decision by the Social Insurance Institution at the request of the person concerned, the payment of the pension.
Article 30a. [ Payment of the payment of a capital pension in an amount not higher than the amount of the funds collected on the sub-account] In the event that the funds on the sub-account are lower than the amount of the periodic capital pension, the temporary capital pension shall be paid in an amount not higher than the amount of the funds collected on the sub-account, without having to issue a decision in the payment of the pension at a lower level.
Chapter 5
Amendments to the provisions in force, transitional provisions and final provision
Article 31. (bypassed).
Article 32. (bypassed).
Article 33. [ Law on Social Insurance of Farmers] In the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2008 Nr 50, poz. 291, of late. zm.) is amended as follows:
1) in art. Paragraph 6 is replaced by the following:
' 6) pension provisions-the provisions of the Act of 17 December 1998 are understood. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. zm.); ";
2. in Art. 20:
(a) paragraphs 1 is replaced by the following
" 1. For insurance periods required under Article 19 (1) 1 point 2 and paragraph. The following periods are included in point 2:
1) be subject to social insurance of individual farmers and members of their families in the years 1983 to 1990;
(2) the holding of an agricultural holding or a farm work, after the age of 16 years, before 1 January 1983;
3) on which the right to a pension under the pension provisions depends. ",
(b) the following paragraph is added 3 as follows:
" 3. The provisions of the paragraph 1 point 3 shall not apply to persons born after 31 December 1948. ';
3) in art. 21 (1) 3.
" 3. In determining the period for which the pension insurance is to be subject to pension insurance in accordance with paragraph 1. 2 shall apply mutatis mutandis. 20 para. 1 and 2. ';
4) in art. 22 The following paragraph shall be added. 4 as follows:
" 4. The amount of the pension referred to in paragraph 1. If the reduction is due to the exclusion of the periods referred to in Article 3, 3 may be lower than the pension that has been collected so far. 20 para. 1 point 3. ';
5. in Art. 25 after the mouth. The following paragraph shall be added. 2b as follows:
' 2b. The provisions of the paragraph 2a shall not be applied when determining the amount of an agricultural pension for persons born after 31 December 1948. ';
6) in art. 27 after the mouth. 1 The paragraph shall be added. 1a as follows:
' 1a. If the right to the care allowance referred to in paragraph is confluated. 1, with the right to the allowance for a pension entitled to a pension, established on the basis of art. 24 ust. 1, art. 24a or art. 184 pension provisions, the nursing allowance shall be paid together with the pension from the Social Insurance Fund. ';
7) in art. 33:
(a) paragraphs 1 is replaced by the following
" 1. Where the right to a pension under a law is waived under a law, the holder shall be granted one benefit, either higher or chosen by the rightholder, subject to the provisions of Article 4 (1) of the basic Regulation. 22 par. 3 and 4. ',
(b) after paragraph. 2 The following paragraph shall be added. 2a-2d as follows:
' 2a. The provisions of the paragraph 2 shall not apply to persons entitled at the same time to an agricultural pension and to a pension granted on the basis of an article. 24 ust. 1, art. 24a or art. 184 pension provisions.
Entitlement to an agricultural pension for incapacity for work or a survivor's pension from insurance and to a pension under Article 3 (1) (b) of the basic Regulation. 24 or Art. 24a pension provisions lose the right to an agricultural pension for incapacity for work or a survivor's pension, unless before applying for the right to a pension under Article 4 (1) (a) of the Pension Act, the pension is calculated on the basis of Article 4 of the Act 24 or Art. 24a of the pension provisions will make a declaration that he or she chooses an agricultural pension for incapacity for work or a survivor's pension. In the case of submission of this declaration, the funds collected on his account in an open pension fund shall be transferred by this fund, through the Social Insurance Institution, to the revenue of the State budget. The statement of choice of benefit shall be final and shall not be entitled to withdraw from it.
2c. Where the holder of an agricultural pension for incapacity for work does not fulfil the conditions for an agricultural pension under Article 4 (2) of the basic Regulation, the 22 par. 3, Kasa calls on the entitled to an agricultural pension for incapacity to work, within a period of at least 3 months before reaching the retirement age, to make the declaration referred to in paragraph. 2b.
2d. The Kasa shall invite the entitled to the survivor's pension from the insurance, within a period of at least 3 months before reaching the retirement age, to make the declaration referred to in the paragraph. 2b. ',
(c) paragraphs shall be deleted. 3.
Article 34. (bypassed).
Article 35. (bypassed).
Article 36. (bypassed).
Article 37. [ The Act on Pensions and Rents from the Social Insurance Fund] In the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. zm.) is amended as follows:
1) in art. 4:
(a) point 2 shall be replaced by
' (2) life-retirement pension, as referred to in the Act of 21 November 2008. o retirement of capital (Dz. U. Nr 228, poz. 1507); ',
(b) after point 2, the following point 2a is added:
" 2a) periodic capital retirement-pension as referred to in the Act of 21 November 2008. of capital pensions; ';
2) after art. 26 the following Articles shall be inserted. 26a as follows:
" Art. 26a. 1. The amount of the pension as determined in accordance with Article 26 is increasing for the periods of payment of contributions to the Farmers 'Pension Fund, the Farmers' Social Insurance Fund and the pension insurance referred to in the provisions on social insurance of farmers. This increase shall be determined in accordance with the principles of the component dimension of the agricultural pension provided for by the provisions on social insurance of farmers on the basis of the certificate of the Agricultural Social Insurance Fund, of the periods of payment of contributions.
2. The increase referred to in paragraph 2. 1, shall not be entitled to a person having established entitlement to a pension under the rules on social insurance of farmers.
3. The increase referred to in paragraph. 1, shall be granted to the insured person, who shall legitiniate the periods referred to in Article 3. 10 para. 1 point 1, less than 25 years old.
4. The pension referred to in paragraph. 1, shall be paid out of the Fund, except that the costs of that pension in the part corresponding to the increase of the component part, in the amount calculated in accordance with paragraph 1, shall be paid out. 1 shall be the subject of a refund from the pension fund laid down in the provisions on social insurance of farmers. ';
3) in art. 73 (1) 3.
" 3. If the deceased's pension has been calculated along with the increases referred to in Article 26a or art. 56 par. 3 and 4, the survivor's pension is calculated as a percentage of the deceased's benefit in the amount reduced by those increases, according to the number of eligible survivors. Such a calculated family pension shall be supplemented by an amount which takes account of the 50% increase which would have been used by the deceased. ';
4) in art. 87:
(a) paragraphs 1 is replaced by the following
" 1. Where the pension is granted by the Fund as referred to in Article 26, including the temporary capital pension or life-capital pension, shall be lower than the amount referred to in Article 4 (1). 85 (1) 2 and 3, the pension granted by the Fund, including the pension established with the increase referred to in Article 3, 26a, shall be increased in such a way that the sum of such benefits is not lower than that amount, if the insured person:
1) man-completed 65 years of age and has a period of contributory and non-contributory period of at least 25 years,
2) woman-has completed 60 years of age and has a contributory and non-contributory period of at least 20 years
-taking into account the mouth. 3-7. Article Recipe 5 par. 2 shall apply mutatis mutandis. ',
(b) after paragraph. 1 The paragraph shall be added. 1a as follows:
' 1a. During the constituent period referred to in paragraph 1. Points 1 and 2 shall take into account the period for which the increase referred to in Article 1 has been fixed. 26a. ',
(c) paragraphs 5a is amended as follows:
' 5a. The right to increase referred to in paragraph 1. 1, shall not be entitled, in the event of a waiter of the right to a pension from the Fund and for a periodic capital pension or a life-pension pension with the right to:
(1) the military or police pension referred to in Article 3 (1) of the basic Regulation. 85 (1) 5;
(2) the agricultural pension referred to in the rules on social insurance of farmers. ';
5. in Art. 103:
(a) paragraphs 2.
" 2. The provisions of the paragraph 1 shall not apply to pensioners who have completed 60 years (of women) or 65 years (men). ',
(b) paragraphs shall be deleted. 2a;
6) in art. 108 after the mouth. 2 The following paragraph shall be added. 2a as follows:
' 2a. An application by a member of an open pension fund for the reestablishment of the amount of the pension referred to in Article 24 or Art. 24a, while at the same time submitting an application for a redetermination of the amount of the periodic capital pension in accordance with art. 25 of the Act of 21 November 2008. of capital pensions. ';
7) in art. 116 po ust. 1c the following paragraph shall be inserted. 1d as follows:
' 1d. The provisions of the paragraph 1b shall not apply if a member of an open pension fund has died before a decision has been issued, provided that, on the date of death, he/she has fulfilled the conditions for retirement. ';
8) after art. The following Articles shall be inserted. 116a, as follows:
" Art. 116a. Submission by a member of an open pension fund of an application for retirement referred to in Article 24 ust. 1, means at the same time the submission of an application for the establishment of a periodic capital pension, as referred to in the Act of 21 November 2008. of capital pensions. ';
9) in art. 129 (1) 3.
" 3. The payment of the pension referred to in Article 4 shall be required. 24 ust. 1, for a member of an open pension fund after the age of 65 is filing an application for the determination of the right to life of a capital pension or a statement referred to in art. 17 para. 5 of the Act of 21 November 2008. about capital pensions. ".
Article 38. (bypassed).
Article 39. (bypassed).
Article 40. (bypassed).
Article 41. (bypassed).
Article 42. [ The right to an agricultural pension] 1. A self born after 31 December 1948, which, before the date of entry into force of this Law, was established the right to an agricultural pension, with the establishment of the periods referred to in art. 20 para. 1 point 3 of the Act referred to in Article 1 33, and which after the date of entry into force of the Act will reach the age referred to in art. 24 ust. 1a and 1b of the Act mentioned in art. 37, and will report an application for retirement from the Social Insurance Fund set out in Art. 24 or Art. 184 of the Act mentioned in art. 37, depending on the choice of the pension, the agricultural pension established with the counting of the periods indicated, or the pension from the Social Insurance Fund.
2. The right to an agricultural pension and to a pension from the Social Insurance Fund shall be entitled to the person referred to in paragraph 1. 1 if, after the exclusion of the periods indicated in that provision, that person fulfils the conditions for an agricultural pension.
Article 43. [ Re-determination of the agricultural pension] A pension for a person born after 31 December 1948, the amount of which has been calculated together with the increase or part of the contribution from the agricultural pension, shall be re-established, without taking into account that increase or the component part, if the person concerned is the agricultural pension for the periods referred to in Article 4 has been allocated to the agricultural pension. 20 para. 1 and 2 of the Act mentioned in art. 33, as amended by this Act.
Article 44. (bypassed).
Article 45. [ Retirement payments] 1. The payment of the pension, to which the right has been suspended on the basis of art. 103 (1) 2a of the law referred to in art. 37, shall be made at the request of the person concerned.
2. The Social Insurance Institution shall inform the persons, having on the day of the entry into force of the Act suspended the right to a pension in accordance with art mode. 103 (1) 2a of the law referred to in art. 37, the conditions for the collection of benefits.
Article 46. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.
