ACT

of 17 December 1998

about pensions from the Social Insurance Fund

• Metric
• Codified text

SECTION I

General provisions

Chapter 1

Subjective scope and this law

Article 1. [ Regulatory scope] 1. The Act shall specify:

1) the conditions for the acquisition of the right to cash benefits from the pension insurance and the pension;

2) the rules for determining the amount of benefits;

3) the rules and mode of granting and payment of benefits.

2. (repealed)

3. (repealed)

4. The conditions for the acquisition of the right to the benefits of cash benefits from insurance for accidents at work or occupational diseases and the amount of such benefits shall be determined by separate provisions.

Article 2. [ Subjective range] 1. The benefits under the conditions and in the amount specified in the Act are entitled:

1) the insured-in the event of fulfilment of the conditions for the acquisition of the right to cash benefits from the pension insurance and the Social Insurance Fund's pension;

2) the members of the family remaining after the insured person or after the person entitled to cash benefits from the pension insurance and the Social Insurance Fund's pension.

2. Benefits under the conditions and in the amount specified in the Act are also entitled to the professional soldiers and officers of the Police, the State Protection Office, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Service Military Intelligence, Central Anti-Corruption Bureau, Border Guard, Government Security Office, State Fire Service and Prison Service, if they do not meet the conditions for the acquisition of the law or have lost the right to the benefits specified in the regulations o the pension provision of these persons, and to the members of the families remaining after those Individuals.

Article 3. [ Types of benefits] The benefits set out in the Act include:

1) a pension, including a partial pension;

(2) an invalidity pension, including a training pension;

(3) survivor's pension;

4) nursing allowance;

(5) a supplement to the survivor's pension for the orphan's full-coat;

6) funeral allowance.

Article 4. [ Definitions] The terms used in the Act shall mean:

1) a pensioner-a person with a fixed right to a pension, including a partial retirement pension;

2) (repealed)

2a) periodic capital retirement-pension as referred to in the Act of 21 November 2008. of capital pensions;

3) Fund-Social Insurance Fund, referred to in the provisions on the social security system;

4) the insured account-the account of the insured, on which the information about the exempt pension insurance contributions is recorded, excluding the contributions subject to the open pension fund and the enrolment of the pension on the sub-account referred to in Article 40a of the Act of 13 October 1998. o Social Security System (Dz. U. of 2015 items 121, of late. zm.), carried out by the Social Insurance Institution, hereinafter referred to as "the plant";

(4a) the amount of the annual basis for the assessment of old-age and disability insurance contributions, the annual basis for the assessment of the contributions to the pension insurance scheme in the calendar year concerned, as set out in Article 4 (1) of the basic Regulation. 19 (1) 1 of the Act of 13 October 1998. the social security scheme;

5) period of insurance-the period of payment of the pension contributions and the period of non-payment of contributions on the basis of the overrun during the calendar year of the amount of the annual base of the contributions referred to in the system rules social security;

6) an annuity body-an organisational unit of the Company, as defined in the social security system regulations, competent to issue decisions in matters of benefits;

7) an open pension fund-the fund chosen by the insured from among the pension funds, referred to in the provisions on the organisation and functioning of pension funds;

8) the payer of contributions-the payer of contributions provided for in the provisions on the social security system;

9) the average remuneration-the average gross monthly salary in the national economy, advertised in the Official Journal of the Republic of Poland "Monitor Polski" by the President of the Central Statistical Office;

10) pension for incapacity for work and survivor's pension;

(11) a pensioner-a person with a fixed right to a pension for incapacity for work or for a survivor's pension;

12) old-age and pension insurance-insurance covered by the social security scheme;

13) insured-a person subject to pension and disability insurance, as defined in the social security scheme, as well as a person who, before the date of entry into force of the law, was subject to social insurance or procurement pension, excluding social security of farmers.

Chapter 2

Periods to be taken into account when determining the right to benefits and their amount

Article 5. [ Determination of the right to a pension and pension] 1. In determining the right to a pension and the pension and the calculation of their amount shall be taken into account, subject to the provisions of paragraph 1. 2-5, the following periods:

(1) the constituent elements referred to in Article 3 (1). 6;

2) non-contributory, referred to in art. 7.

2. In determining the right to a pension and the calculation of their amount, the non-contributory periods shall be taken into account in a dimension not exceeding one third of the proven periods of contribution.

2a. The periods referred to in Article 6 para. 1 point 4 and point 6 (a) a-e and g, shall not be taken into account when determining the right to a pension and the calculation of their amount if, for their title, entitlement to the cash benefits referred to in the provisions on the retirement provision of the persons referred to in Article 4 is fixed. 2. 2.

3. In determining the right to a pension or annuity of the periods:

1) the activities of the Kombatancka and the activities equivalent to that activity, as well as the periods included in the periods of that activity and the periods of subject to the repression of war and the post-war period, referred to in art. 6 para. 1 point 5,

2) the forced labour referred to in art. 6 para. 2 point 2

-shall be included in a double dimension.

4. In determining the right to a pension or pension for:

1) payers of contributions, obliged to pay contributions to their own pension and disability insurance,

2) persons cooperating with persons carrying out non-agricultural activities

-no account shall be taken of the period for which the contributions have not been paid, despite being subject to compulsory pension and disability insurance during that period.

5. In the case of insured persons liable for the payment of their own social security contributions for the period prior to the entry into force of the Act and those who cooperate with non-agricultural persons operating before the date of entry into force of the law. the provisions of the Law. 4 shall apply mutatis mutandis.

Article 6. [ Constituent Periods] 1. The member periods are the following periods:

1) insurance;

2) the payment of social security contributions in the amount specified in the regulations on the organization and financing of social security, in the provisions listed in art. Paragraphs 1 to 4 and 8, in the rules on attorneys, in the employment and anti-unemployment provisions, and in the provisions on social assistance;

3. included in the clerical social insurance periods:

(a) periods of clerical leave before 1 July 1989, subject to the payment of social security contributions for the entire period covered by that insurance,

(b) periods of clerical presence on missions and periods of pastoral activity in the field of pastoral activity in the field of pastoral activity in Polonia, after 14 November 1991, until the date of entry into force of the Law;

4) the active military service in the Polish Army or its equivalent periods or periods of replacement forms of that service;

5) the activities of the combatant, the activities equivalent to that activity, as well as the periods included in the periods of that activity and the periods of being subject to war and post-war repression, as defined by the combatant regulations and some persons Victims of war and post-war violence;

6) performed in Poland:

(a) in the Police (Civic Militia),

(b) in the Office for the Protection of the State, the Internal Security Agency and the Intelligence Agency, the Military Counterintelligence Service and the Military Intelligence Service and the Central Anti-Corruption Bureau (in the public security bodies),

(c) at the Border Guard,

(d) in the Prison Service,

(e) in the State Fire Service,

(f) in the Customs Service,

(g) at the Government Security Office;

7) the collection of maternity allowance;

8) embedding in prisons or other places of isolation in the territory of Poland on the basis of conviction or without judgment after 31 December 1956. for political activities;

9) employment abroad of persons, who at that time were not Polish citizens, if those persons returned to the country after 22 July 1944. and were recognized as repatriates;

10) the provision of work after 1956. in favour of political organisations and trade unions, illegal within the meaning of the provisions applicable until April 1989.

2. For periods of warehouses shall also be deemed to have been before 15 November 1991. the following periods for which a social security contribution has been paid or for which there has been no obligation to pay social security contributions:

1) employment after 15 years of age:

(a) in the area of the Polish State-in a dimension of not less than half of the full working time, if during those periods the employee has collected the salary or benefits from social security: sickness, maternity or caring, or sickness pension,

b) Polish citizens abroad-at Polish diplomatic representations and consular offices, at permanent representations at the United Nations and other missions or special missions, as well as in other Polish establishments, institutions or undertakings to which they have been delegated or directed; this shall also apply to members of the seconded family or staff members who have undertaken to be employed in such establishments during their stay abroad,

c) Polish citizens abroad-in international organizations, foreign institutions and in establishments to which they have been directed in the framework of international cooperation or in which they were employed with the consent of the competent Polish authorities; consent not is required in relation to workers who have left abroad before 9 May 1945,

d) Polish citizens abroad-in other foreign employers, if during the period of work abroad were paid contributions to social insurance in Poland;

2. forced labour:

(a) in favour of Nazi Germany in the period of the Second World War,

(b) carried out in the area of the Union of Soviet Socialist Republics in the period from 17 September 1939. until 31 December 1956,

(c) carried out on the orders of the Allied authorities until 31 December 1945,

(d) carried out in coal mines, quarries, uranium ore acquisition and enrichment facilities and construction battalions during the military service in the Polish Army;

3) employment of juveniles in the area of the State of Poland under the conditions laid down in the regulations in force prior to 1 January 1975;

4) the work carried out at the time of taking place in the area of the State of the Polish custodial sentence, the sentence of arrest for a misdemeanor and at the time of temporary arrest-in the time of work not less than half of the full time dimension of the work specified for such work;

5) not to perform work after the termination of employment, if for these periods on the basis of the provisions of the Labour Code has been paid wages or compensation;

6) temporary stay without work in the territory of the Polish State because of its inability to receive or not be able to undertake vocational training, including periods for the collection of benefits from the fund of professional activation, unemployment benefits and benefits training paid out of the Labour Fund;

6a) not to perform work before 4 June 1989. as a result of political repression;

7) to hold the mandate of a Member or a senator in the Polish State;

8) internment on the basis of art. 42 decree of 12 December 1981 with the state of war (Dz. U. Entry 154, 1982. items 18 and 1989. items 178);

9) carrying out creative or artistic activities in the area of the Polish State:

(a) covered by the social security obligation for which the social security contribution was paid or in which the insured person was exempt from payment of the contribution,

(b) before 1 January 1974, as recognised by the Commission for the Supply of Retirement Provision of Creators, acting on a culture-competent minister, provided that the creator or the artist has paid social security contributions after the date of 31 December 1973;

10) the work of attorneys performed in the area of the Polish State:

(a) covered by the social security obligation for which the social security contribution has been paid or where an exemption from the payment of the contribution has been made,

(b) before the date of entry into the social security obligation for that title;

11) execution in the area of the State of the Polish effort effort:

(a) covered by the social security obligation for which an insurance premium has been paid or in which an exemption from the payment of the premium has been made,

(b) before the date of entry into the insurance of that title,

if, during those periods, the person performing such work has obtained a salary of at least half of the current lowest remuneration determined on the basis of the provisions of the Labour Code;

12) work in the area of the Polish State in agricultural cooperatives and other cooperatives affiliated to the Central Union of Agricultural Cooperatives in the Agricultural Cooperatives Association, in the agricultural holdings of agricultural machinery rings related to the National Union of Farmers, Castors and Agricultural Organises and to work for these cooperatives:

(a) covered by the social security obligation for which an insurance premium has been paid or in which an exemption from the payment of the premium has been made,

(b) before the date of entry into the social security obligation for that title;

13) work in the area of the State of Poland performed on behalf of an entity of a socialized economy on the basis of a agency contract or contract of order and cooperation in the execution of such a contract:

(a) covered by the social security obligation and the periods of continuation of the insurance for which the premium was paid or in which an exemption from the payment of the premium has been made,

(b) carried out before 1 January 1976, if the contract was in accordance with the insurance conditions in force on that date;

14) non-agricultural business activity in the area of the Polish State:

(a) covered by the social security obligation and the periods of continuation of the insurance for which the premium was paid or in which an exemption from the payment of the premium has been made,

(b) carried out before the day of entry for insurance in respect of that title, where the pursuit of economic activity corresponded to the insurance conditions

15) cooperation in conducting non-agricultural business activity in the area of the Polish State covered by the social insurance obligation and the periods of continuation of such insurance, for which the contribution for this insurance was paid or in which there has been an exemption from the payment of the premium;

16) social insurance of clergy in the area of the Polish State, for which the contribution was paid for the insurance or in which the exemption from payment of the contribution was made;

17) to download a sports scholarship for the expedient sports activities in the area of the Polish State after the age of 15, with the exception of the periods of the scholarship download by the learners or studying in the system of daily studies.

3. For periods of employment and periods of work in the area of the Polish State referred to in paragraph. 2, it shall be considered to:

1) periods of employment and periods of work performed in the territories of the Republic of Poland within the current borders and

2) periods of employment and periods of work performed in the territories of the Republic of Poland before the establishment of its current borders.

Article 7. [ Non-Contributory Periods] Non-contributor periods are the following periods:

1) download:

(a) remuneration for the duration of the incapacity for work paid under the provisions of the Labour Code,

(b) social security benefits: sickness or caring,

(c) rehabilitation benefits,

(d) the benefits referred to in point b and c after the insurance obligation has ceased;

2) to collect the sickness pension after the employment has ceased in the working time, not less than half of the activity in the profession in question or after the social insurance obligation has ceased from another title;

3) not to perform work after the termination of employment, if for these periods, on the basis of the provisions of the Labour Code, compensation has been paid;

4) (repealed)

5) before the date of acquisition of the right to a pension or annuity periods of parental leave, free leave granted on the basis of the provisions on free leave for mothers working with young children, other granted in for this purpose, free of charge and periods of non-work-due to child care:

(a) up to the age of 4, within the limit of up to 3 years for each child and, together, no matter the number of children, up to 6 years,

(b) which, by virtue of its physical, mental or psychophysical condition, is entitled to a care allowance-in addition, within the limit of up to 3 years for each child;

(6) before the date of acquisition of the right to a retirement pension or a pension for the invalidity care period included in the first group of invalids or recognised as completely unfit for work and self-existence, carried out by a member of the his family over the age of 16 years, who during the period of care has not reached a revenue exceeding half of the lowest salary per month;

(7) before the date of acquisition of the right to a pension or a survivor's pension, within the limit of 6 years, due to the need to care for a family other than a family member included in the first group of invalids or is deemed to have been wholly unfit for work and self-existence or recognised as a handicapped person to a significant degree by a member of his family over the age of 16 who has not attained income during the period of care of the person concerned monthly half of the lowest remuneration;

8) free leave and employment breaks in the event of unpaid leave to spouses of workers directed at work at the diplomatic representations, consular offices, permanent representations at the United Nations The United States and other special missions abroad, in institutes, information centres and culture abroad;

9) higher education in one direction, subject to the completion of this study, in the dimension specified in the study programme;

9a) doctoral studies and scientific aspirants in the dimension specified in the decision to establish them;

9b) assistants for preparatory studies;

10) vocational training of physicians at the clinics of medical academies and branches of scientific institutes as a volunteer-within the limit of 1 year;

11) the collection of pre-retirement and pre-retirement benefits;

12) documented incapacity for work, for which they have been paid from the Labour Fund: unemployment benefits, training allowances or scholarships.

Article 8. [ Periods of insurance abroad] For the purposes of determining the right to a pension and the calculation of their amount, the periods of insurance abroad shall be taken into account if they are such as international agreements.

Article 9. [ Periods not taken into account for determining entitlement to benefits] When determining entitlement to benefits:

1) the periods referred to in art. 6 para. 1 point 9 and paragraph. 2 point 1 (c) c and in Article 7 point 8,

2) the periods of employment carried out in the area of the State of Poland at the time when the area was not part of the Polish State referred to in art. 6 para. 2 point 1 (a),

3) the periods of forced labor referred to in art. 6 para. 2 point 2 (a) a and b

-it shall not be taken into account if, for their title, there is a payment of an annuity from a foreign institution other than an additional insurance pension.

Article 10. [ Other Periods] 1. When determining the right to a pension and when calculating its amount, the following periods shall also be taken into account, subject to the provisions of Article 4 (1) of the basic Regulation 56, as the constituent periods:

(1) periods of social insurance for farmers for which they have been paid in accordance with the separate provisions of the contribution,

2) falling before 1 July 1977. periods of the holding of the holding after the age of 16,

(3) before 1 January 1983. periods of work on the farm after the age of 16 years,

where the constituent and non-contributory periods set out in accordance with the rules referred to in Article 5-7, they are shorter than the period required to grant a pension, to the extent necessary to supplement that period.

2. The periods specified in the paragraph. 1 point 1 shall also be taken into account when determining the right to a pension for incapacity if the constituent and non-contributory periods laid down in accordance with the rules laid down in Article 4 (1) are to be fixed. 5-7 shall be shorter than the period required for the grant of the pension, to the extent necessary to supplement that period.

3. The periods referred to in paragraph. 1 and 2, shall not be taken into account if they have been included in the periods on which the right to a pension depends, on the basis of the rules on social insurance for farmers.

Article 10a. [ Periods of collection of the pension] 1. When determining the right to a pension under Article 26b, 27 and 28 persons who have lost entitlement to an incapacity pension from the Fund due to the recovery of their ability to work shall also take into account the periods of collection of that pension, if the constituent and non-contributory periods, as determined by the the rules laid down in Article 5-7 and 10, are shorter than the period required for the grant of a pension, to the extent necessary to supplement that period.

2. The periods of collection of invalidity pensions shall not be taken into account if they coincide with the periods referred to in art. 6, 7 and 10, taken into account when determining the right to a pension.

Article 11. [ Periods over time period] If the periods referred to in Article 6, 7 and 10, coincide with the time when the entitlement to the benefits referred to in the Act is determined shall be taken into account for the more favourable period.

Chapter 3

Incapacity for work

Article 12. [ Persons Unable to Work] 1. A person who is unable to work within the meaning of the Act is a person who has wholly or partially lost his/her ability to gainful employment due to an impairment of the fitness of the organism and does not rotate the recovery of the ability to work after retraining.

2. Completely incapable of working is a person who has lost the ability to perform any work.

3. Partially incapable of work is a person who has significantly lost the ability to work in accordance with the level of qualifications held.

Article 13. [ Assessment of incapacity for work] 1. The following shall be taken into account when assessing the extent and foreseeable period of incapacity for work and the recovery of the capacity to work:

1) the degree of impairment of the organism, and the possibility of restoring the necessary efficiency by means of treatment and rehabilitation;

2) the possibility to perform the work to date or to undertake other work and the advisability of retraining, taking into account the nature and nature of the work to date, the level of education, age and psychophysical predisposition.

2. The incapacity for work shall be adjudiced for a period of not more than 5 years, subject to the paragraph. 3.

3. The incapacity for work shall be adjudiced for a period of more than 5 years if, according to medical knowledge, there are no negotiations to recover the ability to work before the end of that period.

3a. If a person entitled to an invalidity pension for a period of at least the last five years preceding the day of the medical examination is missing less than 5 years to reach the retirement age referred to in Article 4, he or she shall have the right to take up a pension. 24 ust. In the event of a further finding of incapacity for work, the inability to work for the period until the date of the attainment of that age shall be further observed.

4. The preservation of the capacity to work in the conditions specified in the provisions on professional and social rehabilitation and employment of persons with disabilities does not constitute an obstacle to the decision of the total incapacity for work.

5. In the event of a finding of an impairment of the organism to the extent that the necessity of permanent or long-term care and assistance of another person in meeting the basic necessitates of life is established, the inability to live independently is pronged. The provisions of the paragraph 2 and 3 shall apply mutatis mutandis.

Article 14. [ Your doctor's spokesperson] 1. Assessment of incapacity to work, its degree and findings:

1) the date of creation of incapacity for work,

2) the durability or anticipated period of incapacity for work,

3) a causal relationship of incapacity to work or death with specific circumstances,

4) the durability or anticipated period of incapacity for self-existence,

5) the advisability of professional retraining

-in the form of a decision, a doctor's spokesperson, hereinafter referred to as 'the doctor of the caselaw'.

2. If there is no possibility of establishing the date of creation of incapacity for work, while the period during which the incapacity for work was established has been established, the end date of that period shall be taken as the date of creation of the incapacity. If there is no possibility of establishing neither the date nor the period of incapacity for work, the date of establishment of the incapacity shall be the date of filing of the application for the benefit.

2a. From the decision of the doctor to the person concerned, the person concerned shall be entitled to object to the medical committee of the establishment, hereinafter referred to as 'the medical committee', within 14 days of the date of service of the decision.

2b. The Opposition shall be requested through the organisational unit of the Establishment Competent due to the place of residence of the person concerned.

2c. The medical committee shall not examine any objection within the time limit. In justified cases, the establishment, at the request of the person concerned, may reinstave the time limit for the lodging of an objection, including in particular the rejection by the court of appeal against the decision in the case referred to in Article 4. 477 ⁹ § 3 ¹ the Act of 17 November 1964. -Code of Civil Procedure.

2d. The President of the Company, within 14 days from the date of the decision by the doctor of the decision, may report the allegation of defect of the decision and refer the case to the consideration of the medical commission. The establishment of the undertaking shall immediately inform the person concerned of the application of the plea of malfunction.

The medical committee, when examining an objection or a plea of defect, shall assess the incapacity to work and its degree and to determine the circumstances referred to in paragraph 1. 1.

2f. The medical committee shall adjudicate in the form of a decision.

3. The decision of the doctor of the decision, from which no objection has been raised or for which no plea of defect has been submitted, or a decision of the medical commission, shall constitute for the pension authority the basis for a decision on the benefits provided for in the the law to which the law depends on the declaration of incapacity for work and the incapacity for independent existence.

4. The supervision of the execution of the case-law of incapacity for work shall be exercised by the President of the Department.

5. Supervision referred to in paragraph 4, includes:

1) control of the correctness and uniformity of application of the rules of the case-law of the incapacity to work by the medical examiners and medical committees;

2. giving medical practitioners and medical committees guidance on the application of the rules of the case-law on incapacity for work;

(3) the right to refer the case to a medical committee if, as a result of the checks referred to in paragraph 1, there is no compliance with the facts or the principles of the case law by a doctor of the decision of the decision of the doctor or of the committee on the facts of the case incapacity to work.

6. The Minister responsible for social security shall determine, by means of a regulation, taking into account the need to ensure a proper and efficient judgment of incapacity for work:

1) the detailed rules and the mode of the adjudication of the incapacity to work by the medical examiners and medical committees;

2) the detailed rules of the organisation of the decision on incapacity to work, including in particular:

(a) the place of action of the doctors '

(b) the means of establishing and abolishing medical committees,

(c) how to determine the seat of a medical commission and their territorial jurisdiction,

(d) composition of the medical committee;

3. the specific professional qualifications required by the medical practitioners and doctors in the medical committee;

4. detailed rules for the exercise of supervision of the performance of a decision on incapacity for work.

Chapter 4

Pension and pensions base

Article 15. [ Determination Of Base] 1. The basis of the retirement pension and pension shall be determined in the manner set out in the paragraph. 4 and 5 the average basis of the assessment of the contribution to the pension insurance or social insurance on the basis of the provisions of Polish law in the period of the following 10 calendar years, selected by the person concerned from the last 20 years the calendar immediately preceding the year in which the application for a pension is raised, taking into account the paragraph. 6 and art. 176.

2. Where the person concerned during the 20 years immediately preceding the year in which he has applied for a pension, he has collected for more than 10 years the retirement allowance, the basis of the retirement pension shall be determined in the manner set out in the mouth. 4 and 5 the average base of the contribution to the pension insurance or social security insurance for the following 10 calendar years immediately preceding the year in which the person concerned acquired the right to that allowance.

If the basis for the assessment of the contributions during the period of stay in the employment relationship indicated in the determination of the pension base cannot be determined, the amount of the contributions shall be taken as the basis for the minimum wage applicable during that period. employees, in proportion to the period of insurance coverage and the working time dimension.

2b. The provisions of the paragraph. 2a shall apply mutatis mutandis to persons recognised as repatriates.

3. To the basis of the pension dimension or pension referred to in paragraph. 1 and 2, the amounts of the insured person in the calendar year concerned shall be calculated for the duration of the incapacity for work and the amount of allowances: sickness, maternity, care, rehabilitation benefit, compensatory allowance, the compensatory allowance or the compensatory allowance, as well as the amount of the monetary compensation determined in accordance with point 3 of the Annex to the Act of 6 March 1997. to compensate for periodic wage increases in the budgetary sphere and the loss of certain increases or allowances for pensions and pensions. The amount of unemployment benefits, training allowances or scholarships paid out by the Labour Fund for the period of documented incapacity for work shall also be included in the base of the dimension, subject to the provisions of paragraph 1. 3a.

3a. When determining the basis of the pension, the amount of the salary for the incapacity of work shall be taken into account, and the amount of the sickness, maternity, caring, insured person in the calendar year of the year after which the pension is paid shall be taken into account. In the course of the year 2004, the total amount of the assessment of the contributions to pensions and salaries and allowances may not exceed the maximum amount of the annual basis for the assessment of the contributions to the pension scheme.

4. In order to determine the basis of the retirement or pension:

1. the sum of the amounts of the basis for the assessment of contributions and the amounts referred to in paragraph 1 shall be calculated. 3, during the period of each year, of the calendar years selected;

2. the ratio of each of these amounts to the annual amount of the average remuneration announced for the calendar year in question shall be calculated, expressed as a percentage, rounded to the hundredths of a percentage;

3. the arithmetic mean of those percentages shall be calculated, which shall, subject to paragraph 1, be calculated. 5, is an indicator of the amount of the pension base or pension, and

4. the underlying amount referred to in Article 4 shall be multiplied by that indicator. 19.

5. The height indicator of the base of the dimension shall not be higher than 250%.

6. At the request of the insured, the basis for the pension may be determined in the manner set out in the mouth. 4 and 5 the average basis of the social insurance or pension insurance contribution during the 20 calendar years prior to the year of application of the application, selected from the entire period of insurance coverage.

7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis to the person who has attained the salary.

(8) To establish the basis for the retirement pension or to a survivor's pension, the average amount of the contributions from the full calendar years after 1 July 1989 shall be taken as the average basis for the pension. until the date on which the application for a benefit was notified, except that for a period not longer than that referred to in paragraph 1, 1; at the request of the insured person the basis of the dimension shall be determined according to the paragraph 1.

Article 16. [ A way of determining the next 10 calendar years] In determining the next 10 calendar years, referred to in Article 15 para. 1 and 2, the following calendar years are taken immediately after each of them, for example to be insured in some of those years for a period of one year or less than one year in which he/she has not been insured.

Article 17. [ Actual employment period] 1. If the basis of the pension in accordance with Article 4 (1) cannot be established. 15 para. 1 for the insured person referred to in art. 58 par. 1 points 1 to 4, to determine the basis for the assessment of the amount of contributions for the period of actual coverage of the insurance, taking into account the lips. 2 and 3. Article Recipe 15 para. 3 shall apply mutatis mutandis.

2. The basis of the pension for the insured person referred to in paragraph 2 shall not be established. 1 if it has not been in insurance for at least 1 calendar year.

3. Paragraph Recipe 1 shall apply mutatis mutandis where the basis of the pension within the meaning of Article 4 cannot be established. 15 para. 1 for the insured person referred to in art. 58 par. In accordance with Article 6 (1) (b) of the Directive, the following shall be applied in accordance with the provisions of Article 4 (1) (5), either because of

Article 18. [ Dimension Base Including Periods Of Insurance Abroad] 1. The basis of the pension dimension or pensions for persons with periods of insurance abroad referred to in art. 8, shall be laid down in accordance with the rules laid down in Article 15 -17.

2. In determining the next 10 calendar years, referred to in Article 15 para. 1 and 2, no account shall be taken of calendar years in which the insured person has been insured for the whole of the year.

3. If during the 20 years immediately prior to the year in which the application for retirement or disability was notified, the person concerned was not insured in Poland, the basis of the assessment of the pension shall be the average basis of the insurance premium dimension. social or pension insurance during the following 10 calendar years immediately preceding the year in which the person concerned joined for the first time to be insured abroad.

Article 19. [ Base Amount] The base amount shall be 100% of the average salary less deducted from insured social security contributions, as defined in the social security scheme, in the previous calendar year.

Art. 19a. [ Establishing and validity of the base amount] The base amount shall be fixed annually on the basis of the Article. 19 and shall apply from 1 March of each calendar year to the end of February of the following calendar year.

Article 20. [ announcement of the President of the GUS] 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" by the deadline:

1) to 7 working days of February each year:

(a) the amount of the average remuneration in the national economy in the previous calendar year,

(b) the base amount referred to in Article 19;

2) to the 7 working day of the second month of each quarter the amount of the average salary in the previous quarter.

Article 21. [ Pension base for the rencise] 1. The basis of the retirement pension for a person who previously had a fixed right to a pension for the incapacity to work shall constitute:

1) the basis of the pension-in the amount of the revalorisation and all subsequent valorisation in the period following the determination of the right to an annuity, subject to the provisions of Article 4 (1) of the basic Regulation. 15 para. 5, or

2) the basis of the dimension, fixed anew in accordance with art. 15.

2. Paragraph Recipe 1 point 1 shall be used to determine the basis of the dimension:

(1) a pension for a person who has previously been entitled to a pension;

2) a pension for incapacity to work for a person who previously had a fixed right to that pension or to a retirement pension.

3. The basis of the retirement pension for a person who previously levied a pre-retirement pension under employment regulations and counteracting unemployment is the basis of the pension dimension accepted to establish a pre-retirement pension-in the amount taken into account for all subsequent valorations falling within the period following the establishment of the pre-retirement pension or the basis of the dimension newly established in accordance with the provisions of Article 4 (1) of the Regulation. 15.

Article 22. [ Delegation] The Council of Ministers shall, by way of regulation, lay down detailed rules for determining the basis for the assessment of the pension and pensions, taking into account in particular:

(1) cases in which some of the payments made to the worker are added to the pension base, if those payments have been taken into account in the period before the date of entry into force of the Law on the basis of the pension and/or annuities, although they were excluded from the contribution assessment basis;

(2) cases in which the pension is based on the salary of workers employed during that period in the country in the same or similar nature is the basis of the salary for workers employed abroad in the same or similar nature the employee was employed before leaving abroad, or on the basis of lump sums.

Article 23. [ Lowest pension or pension] 1. If the basis of the retirement or annuity dimension cannot be determined in accordance with the rules laid down in the Act or in the Regulation referred to in art. The amount of the pension is calculated on the basis of the amount of the pension, which is calculated on the basis of the minimum

2. Paragraph Recipe 1 shall not apply in determining the amount of pensions:

1) the persons referred to in art. 24a and 27a, if the pension was granted to a non-member and non-contributory person of at least 20 years for women and 25 years for men;

2) the persons referred to in art. 28.

In determining the contributory period and the non-contributory provision of the art. 5 par. 2 shall apply mutatis mutandis.

SECTION II

Pensions

Chapter 1

Retirement pension for insured persons born after 31 December 1948

Article 24. [ Pension favours] 1. Safed born after 31 December 1948 is entitled to a pension when the retirement age specified in the paragraph is reached. 1a and 1b, subject to Article 46, 47, 50, 50a, 50e, and 184.

1a. retirement age for women born during the period:

1. until 31 December 1952. is at least 60 years;

2. from 1 January 1953 until 31 March 1953 is at least 60 years and 1 month;

3. from 1 April 1953. until 30 June 1953 is at least 60 years and 2 months;

4. from 1 July 1953. until 30 September 1953 is at least 60 years and 3 months;

5. from 1 October 1953. until 31 December 1953 is at least 60 years and 4 months;

(6) from 1 January 1954. until 31 March 1954. is at least 60 years and 5 months;

(7) from 1 April 1954. until 30 June 1954. is at least 60 years and 6 months;

(8) from 1 July 1954. until 30 September 1954 is at least 60 years and 7 months;

(9) from 1 October 1954. until 31 December 1954. is at least 60 years and 8 months;

10) as of 1 January 1955. by 31 March 1955 is at least 60 years and 9 months;

11. from 1 April 1955. by 30 June 1955 is at least 60 years and 10 months;

12) as of 1 July 1955. until 30 September 1955 is at least 60 years and 11 months;

13) as of 1 October 1955. until 31 December 1955 is at least 61 years;

(14) from 1 January 1956. by 31 March 1956. is at least 61 years and 1 month;

15. from 1 April 1956. by 30 June 1956. is at least 61 years and 2 months;

16) as of 1 July 1956. until 30 September 1956 is at least 61 years and 3 months;

17. from 1 October 1956. by 31 December 1956. is at least 61 years and 4 months;

(18) from 1 January 1957. by 31 March 1957. is at least 61 years and 5 months;

(19) as from 1 April 1957. by 30 June 1957. is at least 61 years and 6 months;

20) as of 1 July 1957. by 30 September 1957 is at least 61 years and 7 months;

21) as of 1 October 1957. by 31 December 1957. is at least 61 years and 8 months;

(22) from 1 January 1958. until 31 March 1958 is at least 61 years and 9 months;

23. from 1 April 1958. until 30 June 1958 is at least 61 years and 10 months;

(24) from 1 July 1958. until 30 September 1958 is at least 61 years and 11 months;

25. from 1 October 1958. until 31 December 1958 is at least 62 years;

26) as of 1 January 1959. by 31 March 1959 is at least 62 years and 1 month;

27) as of 1 April 1959. by 30 June 1959 is at least 62 years and 2 months;

28) as of 1 July 1959. by 30 September 1959 is at least 62 years and 3 months;

29) as of 1 October 1959. until 31 December 1959 is at least 62 years and 4 months;

30) as of 1 January 1960. until 31 March 1960 is at least 62 years and 5 months;

31) as of 1 April 1960. by 30 June 1960. is at least 62 years and 6 months;

32) as of 1 July 1960. until 30 September 1960 is at least 62 years and 7 months;

33) as of 1 October 1960. until 31 December 1960 is at least 62 years and 8 months;

(34) from 1 January 1961. until 31 March 1961 is at least 62 years and 9 months;

(35) as from 1 April 1961. until 30 June 1961 is at least 62 years and 10 months;

36) as of 1 July 1961. until 30 September 1961 is at least 62 years and 11 months;

(37) from 1 October 1961. until 31 December 1961 is at least 63 years;

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

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

(40) from 1 July 1962. until 30 September 1962 is at least 63 years and 3 months;

41) as of 1 October 1962. until 31 December 1962. is at least 63 years and 4 months;

(42) from 1 January 1963. by 31 March 1963. is at least 63 years and 5 months;

(43) as from 1 April 1963. by 30 June 1963. is at least 63 years and 6 months;

44) as of 1 July 1963. until 30 September 1963 is at least 63 years and 7 months;

45) as of 1 October 1963. until 31 December 1963. is at least 63 years and 8 months;

46) as of 1 January 1964. until 31 March 1964 is at least 63 years and 9 months;

47) as of 1 April 1964. until 30 June 1964 is at least 63 years and 10 months;

48) as of 1 July 1964. until 30 September 1964 is at least 63 years and 11 months;

49) as of 1 October 1964. until 31 December 1964 is at least 64 years;

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

51) as of 1 April 1965. by 30 June 1965 is at least 64 years and 2 months;

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

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

(54) from 1 January 1966. by 31 March 1966. is at least 64 years and 5 months;

55) as of 1 April 1966. by 30 June 1966. is at least 64 years and 6 months;

56) as of 1 July 1966. until 30 September 1966 is at least 64 years and 7 months;

57) as of 1 October 1966. until 31 December 1966 is at least 64 years and 8 months;

(58) from 1 January 1967. by 31 March 1967. is at least 64 years and 9 months;

(59) from 1 April 1967. by 30 June 1967. is at least 64 years and 10 months;

(60) as from 1 July 1967. until 30 September 1967 is at least 64 years and 11 months;

61) as of 1 October 1967. until 31 December 1967 is at least 65 years;

62) as of 1 January 1968. until 31 March 1968 is at least 65 years and 1 month;

63) as of 1 April 1968. until 30 June 1968 is at least 65 years and 2 months;

64) as of 1 July 1968. until 30 September 1968 is at least 65 years and 3 months;

65) as of 1 October 1968. until 31 December 1968 is at least 65 years and 4 months;

66) as of 1 January 1969. by 31 March 1969. is at least 65 years and 5 months;

67) as of 1 April 1969. by 30 June 1969. is at least 65 years and 6 months;

68) as of 1 July 1969. until 30 September 1969 is at least 65 years and 7 months;

69) as of 1 October 1969. by 31 December 1969. is at least 65 years and 8 months;

70) as of 1 January 1970. by 31 March 1970. is at least 65 years and 9 months;

71) as of 1 April 1970. until 30 June 1970 is at least 65 years and 10 months;

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

73) as of 1 October 1970. until 31 December 1970 is at least 66 years;

74) as of 1 January 1971. by 31 March 1971. is at least 66 years and 1 month;

75) as of 1 April 1971. by 30 June 1971. is at least 66 years and 2 months;

76) as of 1 July 1971. until 30 September 1971 is at least 66 years and 3 months;

(77) from 1 October 1971. until 31 December 1971. is at least 66 years and 4 months;

(78) from 1 January 1972. by 31 March 1972. is at least 66 years and 5 months;

79) as of 1 April 1972. by 30 June 1972 is at least 66 years and 6 months;

(80) from 1 July 1972. until 30 September 1972 is at least 66 years and 7 months;

81) as of 1 October 1972. until 31 December 1972 is at least 66 years and 8 months;

82) as of 1 January 1973. by 31 March 1973. is at least 66 years and 9 months;

83) as of 1 April 1973. by 30 June 1973. is at least 66 years and 10 months;

84) as of 1 July 1973. by 30 September 1973. is at least 66 years and 11 months;

85) after 30 September 1973. is at least 67 years.

(1b) The retirement age for men born during the period:

1. from 1 January 1949 until 31 March 1949 is at least 65 years and 5 months;

2. from 1 April 1949. until 30 June 1949 is at least 65 years and 6 months;

3. from 1 July 1949. until 30 September 1949 is at least 65 years and 7 months;

4. from 1 October 1949. until 31 December 1949 is at least 65 years and 8 months;

5. from 1 January 1950. by 31 March 1950 is at least 65 years and 9 months;

6. from 1 April 1950. by 30 June 1950 is at least 65 years and 10 months;

7. from 1 July 1950. by 30 September 1950 is at least 65 years and 11 months;

(8) from 1 October 1950. by 31 December 1950 is at least 66 years;

(9) from 1 January 1951. by 31 March 1951 is at least 66 years and 1 month;

(10) from 1 April 1951 by 30 June 1951 is at least 66 years and 2 months;

11. from 1 July 1951. until 30 September 1951 is at least 66 years and 3 months;

12) as of 1 October 1951. until 31 December 1951 is at least 66 years and 4 months;

(13) from 1 January 1952. until 31 March 1952 is at least 66 years and 5 months;

14. from 1 April 1952. until 30 June 1952 is at least 66 years and 6 months;

15. from 1 July 1952. until 30 September 1952 is at least 66 years and 7 months;

16. from 1 October 1952. until 31 December 1952 is at least 66 years and 8 months;

17. from 1 January 1953. until 31 March 1953 is at least 66 years and 9 months;

18. from 1 April 1953. until 30 June 1953 is at least 66 years and 10 months;

(19) from 1 July 1953. until 30 September 1953 is at least 66 years and 11 months;

20) after 30 September 1953. is at least 67 years.

2. For insured persons born after 31 December 1948, employed under specific conditions or specific character, with the exception of insured persons entitled to a pension under the conditions laid down in Art. 32, 33, 39, 40, 46, 50, 50a and 50e, 184, and art. 88 of the Act referred to in art. 150, bridging pensions will be established.

2a. A safe meeting of the conditions laid down in the Article. 50a or 50e shall be entitled to a pension after the age and periods of work or working period referred to in those provisions have been reached.

3. The rules, conditions and mode of establishment of pensions referred to in paragraph 1. 2, shall specify a separate law.

Article 24a. [ Granting pension from office] 1. Retirement referred to in art. 24, shall be admitted ex officio instead of an incapacity pension to a person who has reached the age of entitlement to that pension and has been subject to social insurance or to pension and disability insurance.

2. Retirement shall be granted from the date of the achievement by the pensioner of the age entitling the pension, and in the event that the payment of the invalidity pension has been withheld from the date on which the payment was made.

3. The pension is calculated in accordance with art. 26, taking into account the mouth. 4 and 5.

4. At the request of the person whose pension was granted from office in the years 2009-2013, the pension shall be calculated again in accordance with the art. 183.

5. At the request of the person who fulfilled the conditions for the pension specified in Art. 46 and 50, however, did not request that it be granted, the amount of the pension shall be recalculate in accordance with Article 4 (2). 53 and 56.

6. Emeritura calculated on the basis of the rules laid down in the paragraph. 2-5 may not be less than the incapacity of the incapacity to be charged hitherto.

Article 25. [ Calculation Basis for retirement] 1. The basis for calculating the pension referred to in art. 24, constitutes the amount of the contributions to the pension insurance, taking into account the valorisation of the contributions collected on the account of the insured person until the end of the month preceding the month from which the payment of the pension is payable, the capital-free of the initial referred to in Article 173-175 and the amounts of the appropriations collected in the sub-account referred to in Article 40a of the Act of 13 October 1998. the social security scheme, subject to the paragraph. 1a and 1b and art. 185.

1a. When determining the basis for calculating the pension referred to in Article 24, for a person who had a fixed right to a partial pension under an art. 26b, no account shall be taken of the amounts of the increases in contributions to the pension insurance and the initial capital referred to in Article 26. 173-175, obtained as a result of the quarterly valorisation referred to in art. 25a, carried out in order to calculate the partial pension.

1b. If the insured person has retired on the basis of the provisions of art. 26b, 46, 50, 50a, 50e, 184 or art. 88 of the Act of 26 January 1982. -The Teacher's Card (Dz. U. of 2014 items 191 and 1198, of 2015 items 357, 1268 and 1418 and from 2016. items 668), the basis for calculating the pension referred to in Art. 24, determined in accordance with paragraph 1. 1, shall be reduced by an amount equal to the sum of the amounts of pensions collected in the amount before deduction of the advance on income tax on natural persons and the contribution to health insurance.

1c. Recipe of the paragraph. 1b shall also apply where the insured person has taken the mining pension, as defined in Article 3 (1) of the Regulation. 34 or in Art. 48 and 49, in the version applicable on 31 December 2006.

1d. The amounts collected on the sub-account referred to in art. 40a of the Act of 13 October 1998. the social security scheme shall not be taken into account for the purpose of determining the amount of the pension referred to in Article 4. 184, and in determining the amount of the pension in accordance with Article 183.

1e. Paragraph Recipe 1d shall also apply where the insured person has applied for a temporary capital pension and fulfils the statutory conditions for establishing the right to that pension.

1f. When determining the amount of the pension referred to in Article 24, for those who have previously been entitled to a pension under an art. 46, art. 50, art. 50a, art. 50e or art. 88 of the Act of 26 January 1982. -The teacher's card does not take into account the amounts collected on the sub-account referred to in Article 3. 40a of the Act of 13 October 1998. the social security system.

1g. Paragraph Recipe 1f shall apply mutatis mutandis to the pensions referred to in paragraph 1. 1c.

2. The amount referred to in paragraph 2. 1, shall not be subject to inheritance, subject to art. 25b.

3. The calculation of contributions shall be carried out annually from 1 June of each year, starting with the valorisation for the year 2000, taking into account the provisions of Article 3 (1) of the Financial Regulation. 25a. As a result of the valorisation, the balance of the account shall not be reduced.

4. The payment shall be subject to the amount of the contributions collected on the account of the insured person as at 31 January of the year for which the valorisation is carried out, increased by the amount of the valorisation performed.

5. The calculation of contributions consists in multiplying the contributions insured by the rate of valorisation of the insured person.

6. The rate of the valorisation of premiums is equal to the price index of consumer goods and services in total in the calendar year preceding the date of valorisation in relation to the previous year plus the real increase in the sum of the insurance premiums pensions in the calendar year preceding the date of valorisation in relation to the previous year, subject to the paragraph. 9. The rate of valorisation of premiums may not be lower than the price index of consumer goods and services in total in the calendar year preceding the date of valorization in relation to the previous year.

7. The growth rate of the real sum of the contribution of the pension insurance contributions referred to in paragraph 1. 6, is obtained by dividing the growth rate of the nominal amount of the allocation of contributions to the pension insurance in the calendar year preceding the date of valorisation in relation to the previous year by the price index of consumer goods and services the total fixed for the same period.

8. The growth rate of the nominal amount of the contribution of the pension insurance contributions referred to in paragraph 7, provides the quotient of the amount of the contribution of the pension contributions in the calendar year preceding the date of valorisation and the previous year.

9. The rate of valorisation of premiums for the year 2000 shall be equal to the growth rate of the average salary for 2000. in relation to the average remuneration for 1999.

10. The rate of the valorisation of premiums shall be fixed to the hundredths of a percentage.

11. President of the Central Statistical Office announces in the form of a communication in the Official Gazette of the Republic of Poland "Monitor Polski", up to 20. the day of the first month of each quarter, the price index of consumer goods and services for the previous quarter.

12. The Minister responsible for Social Security shall announce in the Official Gazette of the Republic of Poland "Monitor Polski", to 25. the day of the month preceding the date of the valorisation, the rate of valorisation of premiums for the previous year and

Article 25a. [ Reduction of contributions] 1. In determining the amount of the pension, the amount of the pension contributions collected on the account of the insured person after 31 January of the year for which the last valorisation referred to in art was carried out. 25, is a valorised quarterly.

2. In case of determining the amount of a pension:

1. in the first quarter of a given year, the last quarterly financial contribution of contributions shall be made for the third quarter of the previous year;

2. in the second quarter of a given year, the last quarterly financial contribution of contributions shall be made for the fourth quarter of the previous year;

3. in the third quarter of a given year, the last quarterly financial year of contributions shall be made for the first quarter of the year in question;

4. in the fourth quarter of a given year, the last quarterly financial contribution is made for the second quarter of the year in question.

3. The quarterly valuation shall be subject to the amount of the contributions collected on the last day of the first month of the quarter for which the valorisation is carried out, increased by the amounts resulting from previous quarterly valorisation.

4. The calculation of the quarterly contribution consists in multiplying the premiums paid by the insured person's contributions by the valorisation rate specified in the paragraph. 5. As a result of the valorisation, the balance of the account shall not be reduced.

5. The rate of valorisation of quarterly premiums is equal to the index of prices of the consumer goods and services in total in the quarter for which the valorisation in relation to the previous quarter is carried out, increased by the increase in the real sum of the contribution of contributions to the pension insurance in the quarter, for which the valorisation in relation to the previous quarter is performed. The rate of the valorisation of premiums may not be lower than the price index of the total consumer goods and services in the quarter for which the valorisation of the premiums is carried out in relation to the preceding quarter.

6. The growth rate of the real sum of the contribution of the pension insurance contributions referred to in paragraph. 5, is obtained by dividing the growth rate of the nominal amount of the assignment of the pension insurance contributions in the quarter for which the valorisation of the preceding quarter is performed, by the price index of goods and services the total consumption determined for the same period.

7. The growth rate of the nominal amount of the contribution of the pension insurance contributions referred to in paragraph 6, provides the quotient of the amount of the contribution of the pension insurance contributions in the quarter for which the valorisation is carried out, and in the preceding quarter.

8. The rate of the valorisation of premiums shall be fixed to the hundredths of a percentage.

Article 25b. [ Information on the possibility of indicating persons authorised to receive a guaranteed payment] 1. The plant shall inform the pensioner who:

1) has acquired the right to a pension for the achievement of the age referred to in art. 24 ust. 1b, or until the day before the attainment of that age, had a fixed right to a periodic capital pension,

2) has owned a sub-account referred to in art. 40a of the Act of 13 October 1998. the social security system,

3) does not collect a periodic capital pension

-of the possibility of identifying by name one or more natural persons as having been paid by the pensioner after the death of a pensionable payment of a single payment, hereinafter referred to as "the guaranteed payment".

2. Indication of the person referred to in paragraph. 1, not referred to in Article 1 67 may occur after the consent of the spouse of a pensioner expressed in written form.

3. The guaranteed payment shall be determined as the difference between the amount of the measures referred to in Article. 25 par. 1, which are listed on the sub-account referred to in Article 40a of the Act of 13 October 1998. the social security scheme and the number of full months which have elapsed since the beginning of the month in which the pension was first paid, by the end of the month in which the pensioner's death occurred, and the thirty-seventh part of the quota has been seen on this sub-account.

4. The person who is entitled to the pension shall, in accordance with the disposition of the pensioner, acquire the right to all or part of the guaranteed payment, if the death of the retired pensioner referred to in paragraph 1, is entitled to a pension. 1, there has been a period of three years from the month in which the pension was first paid.

5. The absence of indication of a beneficiary shall mean an indication as the person of the spouse, provided that at the time of his death the pensioner stayed with him in property and, in other cases, the guaranteed payment shall be included in the inheritance.

6. If a pensioner has indicated several of the persons who have been emoluments and has not marked their participation in the guaranteed payment, the shares of those persons shall be deemed to be equal.

7. Emeryt may at any time change the previous disposition, indicating other persons endowed instead of or in addition to the persons referred to in the paragraph. 1, as well as otherwise denoting the participation of the indicated persons in the guaranteed payment, or to cancel the previous disposition, without indicating any other persons.

8. The indication of the person's salary shall become ineffective if the person has died before the death of the pensioner. In that case, the share which was intended for the deceased person shall be in equal parts to the other members of the beneficiary, unless the pensioner is in any other way of taking such participation.

Article 26. [ Determination of the pension] 1. Emerytura is the equivalent of the amount resulting from the split basis of the calculation established in the manner specified in art. In the case of a number of years of age, the amount of the pension will be reduced by the amount of the amount of the pension (see Section 2). 5 and art. 183.

2. The age of the insured person on the date of retirement shall be expressed in the years and months completed.

3. The average life duration shall be established jointly for men and women and shall be expressed in months.

4. 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" annually by 31 March of the tables of life expectation, taking into account the lips. 3, for the age of the insured persons defined in accordance with the paragraph. 2.

5. The boards referred to in paragraph. 4 shall be the basis for the grant of pensions for applications notified from 1 April to 31 March of the following calendar year, taking account of the paragraph. 6.

6. If it is more favourable to the insured person, to determine the amount of the pension in accordance with the mouth. 1 shall apply the life tables in force on the date on which the insured person reaches the retirement age referred to in Article 4. 24 ust. 1a and 1b and in art. 27 ust. 2 and 3.

Art. 26a. [ Increase of the pension] 1. The amount of the pension as determined in accordance with art. 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 refunds from the pension fund set out in the provisions on social insurance of farmers.

Art. 26b. [ Partial pension] [ 1] 1. Usafer, who have not reached the retirement age specified in Art. 24 ust. 1a points 26 to 85 and paragraph 1 Points 2 to 20 of the second subparagraph shall be entitled to a partial pension if they have fulfilled the following conditions:

1) have a contributory and non-contributory period of at least 35 years for women and 40 years for men;

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 pension shall be 50% of the amount of the pension determined in accordance with Article 26 and shall not be subject to an increase in the amount of the lowest pension.

3. In determining the right to a partial pension, the provisions of Article 4 shall not apply. 103 (1) 1 and 2, art. 103a and 104.

4. Once the person entitled to the retirement pension has been reached, the pension referred to in Article shall be 24 ust. 1a points 26 to 85 and paragraph 1 In the case of the insured person who is a member of the insured person, the pension is subject to the following conditions: 24.

Art. 26c. [ Recalculation of a pension] 1. Upon reaching the retirement age referred to in art. 24 ust. (b) by a person who has received a periodic retirement pension until the day preceding the attainment of that age, the pension from the Fund shall be recalculated ex officio on the basis of the rules laid down in Article 4 (1). In the calculation of the pension, the average continued life-duration established for the age referred to in Article 26 shall be taken into the calculation of the pension. 24 ust. 1b, applicable on the date of the attainment of this century.

2. The basis for the calculation of the pension shall be the amount of the pension insurance contributions, taking into account the valorisation of the contributions collected on the account of the insured person by the end of the month preceding the month from which the payment of the pension is payable, and the capitalised initial capital and the amount of the funds collected on the sub-account referred to in Article 40a of the Act of 13 October 1998. the social security scheme, except that, when determining the basis for the calculation of the pension, there is no account of the amounts of the increases in contributions to the pension insurance and the initial capital referred to in Article. 173-175, obtained as a result of the quarterly valorisation referred to in art. 25a, carried out for the calculation of the pension from the Fund granted after the age referred to in Article 5 (1) of the basic Regulation. 24 ust. 1a.

3. The pension from the Fund may not be lower than the amount corresponding to the amount of the pension from the Fund and the periodic capital pension entitled on the day preceding the attainment of the age referred to in Article 3. 24 ust. 1b.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to the determination of the pension from the Fund for the person to whom the right to that pension has been fixed and to the periodic retirement pension, and which until the day preceding the date of reaching the retirement age referred to in Article 3 (1) of the basic Regulation shall apply to the pension. 24 ust. As a result of the suspension of the right to provide, in accordance with Article 1 (b) (b), 103a.

Chapter 2

Pension for insured persons born before 1 January 1949

Article 27. [ Conditions for the benefit of a pension insured born before 1 January 1949] 1. The safest born before 1 January 1949 A pension is entitled to a pension if the following conditions are met:

(1) they have reached the retirement age set out in the paragraph. 2 or 3;

2) have a contributory and non-contributory period of at least 20 years for women and 25 years for men, subject to art. 27a.

2. The retirement age for women is at least 60 years old.

3. The retirement age for men born during the period:

1. until 31 December 1947. is at least 65 years;

2. from 1 January 1948. until 31 March 1948 is at least 65 years and 1 month;

3. from 1 April 1948. until 30 June 1948 is at least 65 years and 2 months;

4. from 1 July 1948. until 30 September 1948 is at least 65 years and 3 months;

5. from 1 October 1948. until 31 December 1948 is at least 65 years and 4 months.

Article 27a. [ Conditions for the granting of a pension from office A pension is awarded to a person who has reached the retirement age referred to in Article 4 (1) of the European Community. 27 ust. In the first two years, the first day of the first day of the first day of the first day of the first day of the first day, Article Recipe 24a (b) 2 shall apply mutatis mutandis.

Article 28. [ Conditions for insured persons born before 1 January 1949, who have not reached contributory and non-contributory periods] Insured persons who were born before 1 January 1949 who have not reached the period of contributory and non-contributory treatment referred to in Article 3 (1) of the Regulation. 27 ust. 1 point 2 shall be entitled to a pension if the following conditions are met together:

1) have reached the retirement age referred to in art. 27 ust. 2 and 3;

2) have a contributory and non-contributory period of at least 15 years for women and at least 20 years for men.

Article 29. [ Retirement] 1. Insured born before 1 January 1949, who have not reached the retirement age specified in Art. 27 ust. 2 and 3, they can retire:

1) a woman, after reaching the age of 55, if she has at least a 30-year contributory and non-contributory period or if she has at least a 20-year contributory and non-contributory period and has been found to be completely unfit for work;

(2) a man, when he reaches the age of 60, if he has at least a 35-year period of contributory and non-contributory or if he has at least a 25-year period of contributory and non-contributory and has been found to be totally unfit for work.

2. Emerytura, referred to in paragraph 1, shall be entitled to insured persons who:

1) recently, before the application for retirement, they were employees and

(2) during the last 24 months, social insurance or pension insurance has remained in employment for at least 6 months, unless the date of application for a pension is entitled to an annuity under the heading of the pension scheme. incapacity to work.

3. The conditions referred to in the paragraph shall be fulfilled. 2, shall not be required of the insured persons who, throughout the entire period required, referred to in paragraph. In accordance with Article 4 (1), (1) and (2), they are subject to social insurance or to pension and disability insurance for the remainder of the employment relationship.

Article 30. [ Application of separate provisions] The separate provisions shall lay down the rules for early retirement for the persons referred to in the Article. 27, which are:

1) invalids of war and military and combatants;

2) employees of government offices;

3. local government employees;

4) soldiers of the replacement military service forcibly employed in coal mines, quarries and uranium ore mining plants;

5) academics.

Article 31. [ Retirement entitled to a pension] Persons born before 1 January 1949, entitled to a pension for incapacity for work caused by an accident at work, accident in the execution of non-agricultural business, creative or artistic activity, contract an agency or contract contract, or in the execution of religious or religious activities by religious or religious persons, or activities relating to the pastoral or religious functions entrusted to the pastoral or religious functions, by accident on the way to work or from work to the day 31 In December 2002, or as a result of a occupational disease, they may retire:

1) a woman, after reaching the age of 55, if she has at least a 20-year contributory and non-contributory period;

2) a man-after reaching the age of 60, if he has at least a 25-year contributory and non-contributory period.

Article 32. [ Employees employed under specific conditions] 1. The safest born before 1 January 1949, the workers referred to in paragraph 1. 2 and 3, employed in specific conditions or in a specific nature, shall be entitled to a pensioner lower than that referred to in Article 3. 27 ust. 2 and 3.

1a. When establishing the period of employment in specific conditions or in a specific nature, it shall not take into account:

1) periods of non-performance of work for which the employee received after 14 November 1991. salary or social security benefits in the event of sickness and maternity.

2) (repealed)

2. For the purposes of determining the powers referred to in paragraph. 1, for workers employed in specific conditions, shall be considered to be employed in the work of significant harm to health and to a significant degree of nuisance or need to be highly psychophysical due to the their own safety or environment.

3. For the purposes of determining the powers referred to in paragraph. 1, for employees of a specific nature shall be considered to be:

1) employees of state control bodies;

2. staff of customs administrations;

3) employees engaged in creative or artistic activity;

4) journalists employed in the editorial offices of newspapers, periodicals, radio, television and press, information, publicistic or photographic bodies, covered by the collective agreement of journalists;

5) teachers, educators or other pedagogical staff performing the teaching work referred to in art. 1 of the Act of 26 January 1982. -The Teacher's Card;

6. Professional Soldiers, Police Officers, State Security Office, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-corruption Office, Border Guards, Security Bureau Government, Customs Service, Prison Service and State Fire Brigades;

7) employees of fire protection units, referred to in art. 15 points 1a-5 and 8 of the Act of 24 August 1991. on fire protection (Dz. U. of 2016 r. items 191 and 298).

4. The retirement age referred to in paragraph 1. 1, the types of works or posts and the conditions under which the persons mentioned in the paragraph 2 and 3 shall be entitled to a pension, shall be determined on the basis of existing provisions.

4a. (lost power)

5. Separate provisions shall lay down the rules for retirement, irrespective of age, of teachers born before 1 January 1949.

Article 33. [ Insured for creative or artistic activities] Persons born before 1 January 1949, insured for creative or artistic activities, shall have the right to a pension under the conditions laid down for workers performing creative or artistic activity.

Article 34. (repealed)

Article 35. (repealed)

Article 36. (repealed)

Article 37. (repealed)

Article 38. (repealed)

Article 39. [ Mining pension] An insured person born before 1 January 1949, which fulfils the condition laid down in Article 3 (1) of the Regulation. 27 ust. 1 point 2 and not fulfilling the conditions required for the acquisition of a mining pension under Article 50a, which is at least 5 years old:

1) the mining work referred to in art. 50c ust. 1, performed underground continuously and in full time, or

2. the mining work referred to in art. 50c ust. 1 points 4 and 5, performed continuously and full-time on the discoverers in the mines of sulphur and lignite and in sulphur quarry mines

-the retirement age referred to in Article 27 ust. 2 and 3, shall be reduced by 6 months for each year of such work, but not more than by 15 years.

Article 40. [ Railway retirement] The railway pension shall be granted to a railway worker born before 1 January 1949, who shall fulfil the following conditions:

1) reached the retirement age of for women 55 years, men 60 years old;

2. shall have a period of contributory and non-contributory period of at least 20 years for a woman and 25 years for a man, including at least 15 years of employment in turn, including periods equivalent to and credited to periods of employment in the railways referred to in art. 44-45.

Article 41. [ Fixing the right to a railway pension] When determining the right to a railway pension, account shall be taken of the periods of work on rail and of equivalent work with work on the railways and periods of work which are in turn, which are contributor or non-contributor periods within the meaning of the Act.

Article 42. [ Railway workers] 1. Railway workers within the meaning of the Act are persons remaining in employment relationship in:

1) the business units of the company "Polskie Koleje Państwowe", excluding the offices of railway projects;

2) other business units (cells), whose employees were covered by the existing provisions on the retirement provision of railway workers and their families;

3) entities separated from the state-owned enterprise "Polskie Koleje Państwowe" in the period from 1 September 1999 until the date of the entry of the company "Polskie Koleje Państwowe Spółka Akcyjna" to the commercial register.

2. The employment of railway workers in the units (cells) of the organizational, defined in the mouth. 1, hereinafter referred to as the 'railway undertaking', shall be deemed to be in the meaning of the Act for employment in turn.

3. From the day of the entry of the company "Polskie Koleje Państwowe Spółka Akcyjna" to the commercial register of railway workers, within the meaning of the Act, there are also employees employed in this company and in other entities separated from that company on the basis of the Act of 8 September 2000 on the commercialisation, restructuring and privatisation of the state-owned enterprise "Polskie Koleje Państwowe" (Dz. U. of 2014 items 1160, of 2015 items 200 and of 2016 items 615).

Article 43. [ Periods of employment in railway] 1. For periods of employment in turn, there are periods of stay in relation to work in railway organisational units, during which time the employee has been paid salaries or benefits from social insurance: sick, maternity or caring.

2. Each full year of employment on the steam, combustion or electric traction vehicle, in the driver's team and in the manoeuvring positions or setters, shall be counted as 14 months of service in turn.

Article 44. [ Periods equivalent to employment periods] For periods equivalent to employment periods, periods shall be considered as follows:

(1) the collection, after the establishment of employment in turn, in a working time of not less than half of the occupation in the profession concerned, maternity, maternity or care allowance for that employment;

(2) the collection of the sickness pension granted by the competent railway undertaking;

(3) executed before 1 January 1975. work in a railway business unit on the basis of a contract of apprentice, an apprentice for a particular job or an initial internship of work;

4) hiring or performing the duties of a choice in the trade unions during a period of unpaid leave granted to an employee for that purpose;

(5) employment, but not more than 5 years from the establishment of employment in turn, where employment in turn has ceased as a result of:

(a) the transition with the agreement of the railway undertaking to be employed in the non-employment communication ministerial,

(b) the transition from employment, in turn, to employment in the offices of the general and central authorities of the State administration,

(c) establishing an employment relationship on the basis of choice

(d) the transition with the agreement of the railway undertaking to be employed on non-public railways,

(e) the transition with the agreement of the railway undertaking to be employed in other ministries for the purpose of arranging or constructing rail transport;

6) employment, however not longer than 5 years, in the units (cells) of the organisational ministries of non-railway communications units, if there has been a change in this employment for employment in turn and if a period of 5 years employment in these entities shall not be subject to a loss on the basis of point 5 (a);

7) employment in international railway organisations and in foreign railway institutions after secondment to this employment from employment in turn;

8) performing employment abroad by specialists in the duration of the employment relationship with the railway organization unit;

(9) failure to perform work on the other, where such periods are due to remuneration as a result of reinstating or reparation;

10) employment on the railways of other states, provided that the worker after these periods was employed on the Polish railways.

Article 45. [ Other periods of employment] 1. The periods of periods of employment shall be considered to be periods of:

1) a break in the work in turn covering the periods mentioned in art. 44 points 6 and 7;

2) employment outside the railways in the period after 31 August 1939. until 9 May 1945 workers who, on 31 August 1939, were employed on the railways and after 9 May 1945. they have re-taken employment in Poland in turn;

3) the collection of a sports scholarship for the expedient sporting activity paid by the railway sports club if the person collecting the scholarship prior to the period of his collection was employed on the railroad.

2. Periods of Kombatancka, military service and services in:

(1) Police (Civic Militia),

2) the Office of State Protection, the Internal Security Agency and the Intelligence Agency, the Service of Military Counterintelligence and the Service of Military Intelligence and the Central Anti-Corruption Bureau (in the public security bodies),

3. Border Guard,

4. The Prison Service,

5) The State Fire Service,

6) Government Security Office

shall be treated as equal to the periods of employment in turn.

Chapter 3

Special provisions concerning the pension for certain insured persons born after 31 December 1948 and before 1 January 1969.

Article 46. [ The right to a pension for insured persons born after 31 December 1948. and before 1 January 1969] 1. The right to a pension under the conditions specified in Art. 29, 32, 33 and 39 shall also be entitled to an insured person born after 31 December 1948. and before 1 January 1969, if they fulfil all the following conditions:

1) they have not entered an open pension fund or have submitted an application for the transfer of funds collected in an open pension fund account, through the Bookmark, to the revenue of the State budget;

(2) the conditions for obtaining the pension referred to in those provisions shall be fulfilled by 31 December 2008.

3) (repealed)

2. If the insured person referred to in paragraph 1, it shall not enter into an open pension fund accession agreement by 31 December 1999, it shall be deemed not to have entered into an open pension fund.

Article 47. [ Application of separate provisions] The separate provisions shall lay down the rules for retirement, irrespective of age, of teachers born after 31 December 1948 and before 1 January 1969.

Article 48. (repealed)

Article 49. (repealed)

Article 50. [ Right to a railway pension] 1. The right to the railway pension referred to in art. 40, shall be entitled to railway workers born after 31 December 1948 and, before 1 January 1969, if they fulfil the following conditions:

1) they have not entered an open pension fund or have submitted an application for the transfer of funds collected in an open pension fund account, through the Bookmark, to the revenue of the State budget;

(2) the conditions for obtaining the pension provided for in that provision shall be fulfilled by 31 December 2008.

3) (repealed)

2. Article Recipe 46 (1) 2 shall apply mutatis mutandis.

Chapter 3a

Mining pensions

Article 50a. [ conditions of the mining pension] 1. The mining pension shall be entitled to a staff member who fulfils the following conditions:

1) completed 55 years of age;

2) has a period of mining work of, including periods of employment equivalent to at least 20 years for women and 25 years for men, including at least 10 years of mining work as defined in art. 50c ust. 1;

3) they have not entered an open pension fund or have submitted an application for the transfer of funds collected in an open pension fund account, through the Department, to the revenue of the state budget.

2. Pension age required of workers: women who are at least 20 years old, and men of at least 25 years of mining and equivalent work, including at least 15 years of mining work, referred to in art. 50c ust. 1, is 50 years.

Article 50b. [ Establishing the right to a mining pension] In determining the right to a mining pension, account shall be taken of the periods of mining work and the equivalent of mining work, which are either contributory or non-contributory periods within the meaning of the Act, except that the periods of mining work and of equivalent work with work The mining shall be taken into account if the work has been carried out at least half of the working time.

Article 50c. [ Mining work] 1. The mining work shall be regarded as employment:

1) underground in coal mines, ores, crushers, refractory raw materials, precious gems, kaolin, magnesia, gypsum, anhydrite, stone and potassium salts, phosphates and barite;

2) underground and at the depths of the shafts in the construction companies of the mines referred to in point 1 and underground in enterprises and other entities performing the mining robots for these mines or at the construction of the shaft;

3) underground in assembly enterprises, mining machinery companies, repair plants and other entities performing for mines specified in point 1 underground construction and assembly works, robots for machinery repair and implementation new facilities; staff members employed in those undertakings, establishments and other entities shall be regarded as mining work for those months of employment in which at least half of the working days have worked underground;

4) on the discoverers in the mines of sulphur and lignite with manual or mechanized injury, loading and transport of the overboard and deposit, with measurements in the field of mining meters and the current maintenance of aggregates and extractive devices, as well as in the sulphur quarry mines and in enterprises and other entities performing mining works for sulphur and lignite mines, in posts defined by the Minister responsible for the security of the defence social, in agreement with the Minister responsible for economic affairs and Minister competent for the Treasury;

5) underground in the positions of traffic control and the management of the movement of mines, enterprises and other entities referred to in points 1 to 3, as well as in the mines of sulphur and lignite and in enterprises and other entities referred to in point 4, on positions defined by the Minister responsible for the economic affairs of the Regulation, in agreement with the Minister responsible for the Treasury and the Minister responsible for Social Security;

6) as members of mine rescue teams defined in points 1 and 4, the mechanics of rescue equipment of these teams and as professional rescuers in the mining rescue stations;

7. on the positions of the extractor train drivers on the shaft and on the positions of the signaling devices on the windows of the mines, the enterprises and other entities referred to in points 1 and 2;

8. at work stations underground in the inoperative mines mentioned in point 1;

9) on the positions of trainers of the profession in mining training fields underground and in the mines of sulphur and lignite.

2. The following shall be considered as an equivalent work with the mining work:

1) employment in positions requiring the qualifications of an engineer or technician in the field of mining in mining offices, if the employment is connected with the performance of inspection and technical activities in mines, enterprises and other the entities referred to in the paragraph. 1 points 1 to 4, subject to prior work in mines, undertakings and other entities referred to in paragraph 1. 1 points 1-4 at least 10 years underground, on explorers in sulphur mines or lignite mines, as well as in sulphur hole mines or at positions of caretaker or traffic management;

2) employment with other works, not longer than 5 years, to which the staff performing the work referred to in the paragraph. 1 and points 1 and 2 have been passed in connection with the winding-up of the mine, the mining plant, the undertaking or any other entity referred to in paragraph 1. 1 points 1 to 4.

3. Behind staff employed in positions requiring the qualifications of an engineer or technician in the field of mining in the organisational units referred to in the paragraph. 2 point 1 shall be considered to be the persons who hold the title of the engineer or technician and are employed in accordance with the mining qualifications held.

4. Periods of the mining work mentioned in paragraph. 1 (1) to (4) being carried out abroad shall be treated as equal to the periods of such work carried out in the country, if the conditions laid down in the law are met, which are required to take account of those periods of work when determining the right to benefits.

Article 50d. [ Advance of working periods in a semi-toracorical dimension] 1. In determining the right to the mining pension of workers employed underground and in the mines of sulphur or lignite, the following periods of work in the area of the State of Poland shall be included in the semi-tortorous dimension:

(1) in the fore-ends, at the point of injury and the loading of urobku and other ancestor works, on assembly, winding up and transporting of enclosures, machines for loading, loading and transporting in the fore and at the depths of speed and work Shafting

2) in the rescue teams.

2. The periods of work referred to in paragraph. 1 point 2 is also included in the semi-torrential dimension to those of the caretakers of the movement and the management of the mine movement, who work for at least half of the working days of the month underground, in the sulphur mines or in lignite mines.

3. The Minister responsible for Social Security, in agreement with the Minister responsible for the economy and the Minister responsible for the Treasury, by means of the regulation, sets out in detail the jobs on which the employment include in the thought of the mouth. 1 and 2 in the semi-tortorotny dimension.

4. The Minister responsible for economic affairs, in agreement with the Minister responsible for the Treasury and the Minister responsible for Social Security matters, sets out, by means of the regulation, the rules for the registration of periods by employers employment in positions where the periods of mining work include a semi-torrential dimension in establishing the right to a mining pension, and in some other mining jobs.

Article 50e. [ Right to a miner's pension] 1. The right to a mining pension, irrespective of age and position, shall be entitled to workers who have performed the mining work underground continuously and on a full-time basis for a period of at least 25 years, taking into account the mouth. 2.

2. To the periods of mining work referred to in the paragraph. 1, also includes periods of:

(1) incapacity for work in the event of an accident at work or a occupational disease for which the salary or sickness benefit or the rehabilitation benefit has been paid,

2. the temporary secondment of the workers referred to in Article 50c ust. 1 point 6, to the professional emergency room at the Central Mining Rescue Service S.A. in Bytom, in KGHM Polska Miedź S.A. Branch of the Mining and Mining Rescue Unit in Lubin or in the district mining rescue stations

-immediately preceded by a mining work carried out underground continuously and in full time, falling within the duration of the employment relationship.

3. The right to a pension as referred to in paragraph. 1, provided that the employee has not joined the open pension fund or has submitted an application for the transfer of funds collected in an open pension fund account, through the Department, to the revenue of the state budget.

Article 50f. [ Quarterly accounting for work periods] In determining the right to a mining pension as referred to in Article 50e, the periods of mining work carried out underground continuously and full-time may be settled at the request of the employee settled on a quarterly basis.

Chapter 4

Determination of the amount of pensions referred to in Article 27-50e

Article 51. [ Fixing of Retirement Mining] 1. In determining the height of the mining pensions referred to in art. 50a or 50e, shall apply, subject to paragraph. 2, the following conversion factors:

1) 1,5 for each year of mining work carried out underground continuously and in full time;

2) 1.8 for each year of work referred to in art. 50d;

3) 1,4 for each year of full-time work referred to in art. 50c ust. 1 points 1-3 and 5-9, carried out partially on the surface and partly underground;

4) 1,2 for each year of work referred to in art. 50c ust. 1 points 4 and 5, performed continuously and full-time on the discoverers in the mines of sulphur and lignite, in sulphur quarry mines and in enterprises and other entities performing mining works for sulphur and coal mines Lignite.

2. In determining the height of the miners ' pensions the total period of work calculated using the metering referred to in paragraph. 1, shall be taken into account in the period of not more than 45 years.

Article 52. [ Switches] 1. In determining the amount of pensions other than those referred to in art. 51 the following conversion factors shall be used:

1) 1.5 for each year of mining work carried out underground constantly and in full time,

2) 1,8 for each year of mining work carried out underground, referred to in art. 50d ust. 1,

provided that such work is carried out at least for 5 years, subject to paragraph 1. 2.

2. In determining the amount of pensions, the total period of work calculated using the conversion rates referred to in paragraph. 1, shall be taken into account in the period of not more than 40 years.

Article 53. [ Height of pension] 1. Emerytura shall be:

1) 24% of the amount of the basic amount referred to in Article 19, subject to paragraph. 3 and 4, and

2) after 1,3% of the basis of its dimension for each year of the constituent periods,

3) after 0.7% of the basis of its dimension for each year of non-contributory periods

-taking into account art. 55.

2. When calculating the pension, the periods referred to in paragraph For the full months, points 2 and 3 shall be fixed.

3. Retirement, the basis of which is the basis of the assessment referred to in art. 21 (1) 1 point 1 and paragraph. 2, it shall be calculated from the same basic amount which has been recently adopted to determine the basis of the dimension, and then the pension shall be increased as part of the valorization of entitlement to the pension until the date of acquisition.

4. The provision of the paragraph. 3 shall not apply if the person concerned after the acquisition of entitlement to a benefit, the basis of which he has indicated as the basis for the pension, has been subject to at least 30 months ' social insurance or pension and disability insurance.

5. The provisions of the paragraph. 3 and 4 shall apply mutatis mutandis where the pension base is the basis for the assessment of the pension accepted for the calculation of the pension.

Article 54. [ Lowest pension amount] The pensions referred to in art. 28, does not increase to the amount of the lowest pension.

Art. 54a. [ The amount of the pension granted ex officie] 1. Retirement referred to in art. 27a, shall be calculated in accordance with art. 53 and 56.

2. Emerytura, referred to in art. 27a, may not be less than the incapacity of the incapacity to be charged hitherto.

Article 55. [ Continuation of old-age and pension insurance after the retirement age is reached] An insured person who fulfils the conditions for obtaining a pension under an art. 27, which continued the pension insurance period after the pension age provided for in that provision and applied for a pension after 31 December 2008, may be calculated on the basis of Article 3 of the Pension Act. 26, if it is higher than that calculated in accordance with art. 53.

Art. 55a. [ Application of the provision of art. 55] 1. Article Recipe 55 shall also apply to the insured person who has been entitled to a pension before the application for a pension as referred to in Article 4 (1) of the basic Regulation. 27.

2. If the insured person has received a pension, to which he has been entitled before the entitlement to a pension for the achievement of the retirement age, as referred to in Article 3, is entitled to retirement pension. 27 ust. 2 and 3, the basis for calculating the pension in accordance with Art. 26 shall be reduced by an amount equal to the sum of the amounts of pensions collected in the amount before the advance payment of the personal income tax and the contribution to health insurance.

3. The right to a pension established before reaching the retirement age specified in Art. 27 ust. 2 and 3, they shall cease from the date on which the pension was granted on the basis of the Article. 27, calculated in accordance with art. 26.

Article 56. [ Periods of work on an agricultural holding] 1. The one who, when determining the right to a pension, has taken into account the periods of work on the agricultural holding referred to in art. 10, the amount of the benefit shall be calculated as part of the benefit calculated under the terms of the Article. 53, taking into account the periods of work on the holding, in proportion to the share of the constituent and non-contributory periods during the period constituting the sum of the contributory periods, the non-contributory periods and the periods of work included in the holding.

2. The provision of the paragraph. 1 shall not apply to a person who has proved at least: 20 years-woman or 25 years-male member periods or component periods supplemented by non-contributory periods in a size not greater than that specified in art. 5 par. 2, but the amount of its pension shall be calculated in accordance with Article 4 (2). 53, taking into account contributory and non-contributory periods, without taking into account periods of work on the holding.

3. A witness, the amount of which has been fixed in accordance with the paragraph. 1 or 2, shall be increased by the amount corresponding to the component of the pension as determined in accordance with the rules of assessment laid down in the rules on social insurance for farmers, taking into account the entire proven period of work on the holding, including that periods of farm or farm work, without being subject to any other social insurance, after the age of 16, which, before 1 July 1977, shall be taken into account if not more than 25 years old prior to determining the right to a pension.

4. If the constituent and non-contributory periods are not completed by the periods listed in the Article. 10, the pension is increased for the period of payment of contributions to the Farmers 'Pension Fund, the Farmers' Social Insurance Fund and the Farmers ' Pension Insurance Fund. This increase shall be determined according to the rules of the dimension provided for the component part of the provisions referred to in paragraph 1. 3.

5. The increase referred to in paragraph. 4, shall not be entitled to a person having a fixed right to a pension under the rules on social insurance of farmers.

6. The increase referred to in paragraph 1. 4, shall be granted at the request of the person concerned

7. Pensions referred to in paragraph 1-4, it shall be paid out of the Fund, except that the costs of those pensions shall be subject to an appropriate refund:

1) in the part corresponding to the increase of the component part in the amount calculated in accordance with the paragraph. 3 and 4-from the pension fund set out in the rules on social insurance of farmers;

2) in the part corresponding to the increase to the amount of the lowest pension-from the state budget.

SECTION III

Incapacity pension and survivor's pension

Chapter 1

Incapacity pension

Article 57. [ Conditions for the granting of an incapacity pension] 1. The pension for the incapacity of work shall be entitled to an insured person who has fulfilled the following conditions:

1) is incapable of working;

2) has the required contributory and non-contributory period;

3) the incapacity for work arose in the periods referred to in art. 6 para. 1 (1) and (2), (3) (b), (4), (6), (7) and (9), (b) 2 points 1, 3-8 and 9 (a), point 10 (a), points 11 to 12, 13 (a), point 14 (a), point 14 (a), point 14 (a), point a and points 15 to 17 and in Article 1 7 points 1 to 3, 5 (a), (6) and (12), or not later than 18 months after the end of those periods.

2. The provision of the paragraph. 1 point 3 does not apply to the insured, who has proven a contributory and non-contributory period of at least 20 years for a woman or 25 years for a man and is completely incapable of working.

Article 57a. [ The incapacity for work caused by an accident on the way to work or from work] Condition laid down in Article 57 (1) 1 point 2 is not required from the insured, whose incapacity for work is caused by an accident on the way to work or from work.

Article 57b. [ Accident on the way to work or from work] 1. In case of an accident on the way to work or from work is considered a sudden event caused by an external cause which occurred on the way to or from the place of employment or other activity constituting the title of the annuity insurance, if the road was shortest and not interrupted. However, it is considered that the accident occurred on the way to work or from work, even though the road was interrupted if the break was justified and its time did not exceed the limits of the need, and then, when the road, not by the shortest route, was for the insured person, for communication reasons, the most convenient.

2. The way to work or from work is considered in addition to the road from home to work or from work to home also the way to the place or from the place:

1) other employment or other activities constituting the title of an annuity insurance;

2) the mere performance of professional or social functions or tasks;

3) regular consumption of meals;

4) to study or study.

3. The arrangements for the circumstances and causes of the accident on the way to work or work are carried out in the accident card on the way to work or the employer's work in relation to the insured, who are employees, and in relation to the other insured persons as set out in Article 5 par. 1 of the Act of 30 October 2002. o social insurance in the field of accidents at work and occupational diseases (Dz. U. of 2015 items 1242 and 1442).

4. The Minister responsible for social security shall determine, by means of a regulation, detailed rules, the mode of recognition of an event in the event of an accident on the way to work or work, the way in which it is documented, the model of an accident card on the way to work or from work and the timing of its preparation, taking into account the need to ensure uniformity of information on the occurrence of the accident.

Article 58. [ Fulfillment of the condition of holding the required contribution period] 1. Condition of possession of required contributory and non-contributory period, according to art. 57 (1) In accordance with Article 1 (2), the insured person shall be deemed to have met when the insured person has reached a component period and a non-contributory period of at least:

1) 1 year-if the incapacity for work was created before the age of 20;

2) 2 years-if the incapacity for work was created between the ages of 20 and 22 years;

3) 3 years-if the incapacity for work was created between the ages of 22 and 25 years;

4) 4 years-if the incapacity for work has been created over the age of 25 to 30 years;

5) 5 years-if the incapacity for work was established over the age of 30 years.

2. The period referred to in paragraph In accordance with Article 18 (1) (5), it should fall within the last 10 years prior to the application for an annuity or before the date of the incapacity for work; for this 10-year period, the periods of incapacity for work shall not be included, training pension or survivor's pension.

3. If the insured has not reached the term of the contributory and non-contributory period referred to in paragraph. 1, the condition of holding the required period shall be deemed to be met when the insured person has been notified for insurance before the age of 18 or within 6 months after graduation in a secondary, post-secondary or higher education school and until the day of emergence of incapacity to work, had, without interruption or with breaks not exceeding 6 months, premium and non-contributory periods.

4. The provision of the paragraph. 2 shall not apply to the insured person, who has demonstrated the period of contribution referred to in Article 3. 6, of at least 25 years for a woman and 30 years for a man and is completely incapable of working.

Article 59. [ Fixed and periodical Renta] 1. A self who has fulfilled the conditions laid down in art. 57, shall be entitled:

1) a permanent pension-if the incapacity for work is permanent;

2) an interim pension-if the incapacity for work is periodic.

2. The periodic pension shall be granted for the period indicated in the decision of the annuity body.

Article 60. [ Professional retraining] 1. A self fulfilling the conditions laid down in art. 57 in respect of which the specificity of professional retraining due to the incapacity to work in the current profession has been granted, subject to paragraph 1, a training pension for a period of six months shall be entitled to a training pension. 2 and 4.

2. The period of 6 months referred to in paragraph. 1, shall be extended for a period of time necessary for professional retraining, not longer than 30 months.

3. Extension of the right to an annuity referred to in paragraph. 2, takes place on the basis of the application of the starost

4. The period of 6 months referred to in paragraph. 1, may be reduced if, before the expiry of that period, the starosta notifies the annuity:

1) that there is no possibility of retraining to another profession;

2. the fact that the person concerned is not subject to professional retraining.

Article 61. [ Restoration of the right to the pension] The right to an annuity which has ceased due to the cessation of incapacity to work shall be reinstated if, within 18 months of the end of the entitlement to the pension, the insured person has again become incapable of work.

Article 62. [ Renta for a person who is completely incapable of work] 1. The Renta for a person who is completely unfit for work shall be:

1) 24% of the amount of the basic amount referred to in Article 19, and

2) after 1,3% of the basis of its dimension for each year of the constituent periods;

3) after 0,7% of the basis of its dimension for each year of non-contributory periods;

4. after 0,7% of the base of its dimension for each year of the missing period up to the full 25 years of the constituent and non-contributory periods of the application for the date of application for the pension until the date on which the rencitor would have reached the age referred to in Article 4 (1). 24 ust. 1a.

1a. In calculating the amount of the pension, the provisions of Article 4 53 (1) 3-5 shall apply mutatis mutandis.

2. Renta for a person partially unable to work shall be 75% of the pension for a person totally incapable of working.

3. When calculating the pensions of the periods referred to in paragraph. 1 points 2 to 4 shall be fixed for full months.

Article 63. [ The amount of the pension taking into account the periods of work on the holding] 1. The one who, in determining the entitlement to the invalidity pension, has taken into account the periods of work on the agricultural holding referred to in Article 3 (1) (a) of the Regulation. 10 para. For the purposes of Article 1 (1), the amount of that pension shall be calculated taking into account the number of years and months of those periods, in the dimension which has been accepted for the purpose of determining entitlement

2. The pensions referred to in paragraph 2 1, shall be paid out of the Fund, except that the costs of such annuities shall be subject to the appropriate refund:

(1) in the part corresponding to the periods of work in the holding, from the pension fund laid down in the provisions on social insurance of farmers;

2) in part corresponding to the increase to the amount of the benefit of the lowest-from the state budget.

Article 64. [ Training officer] 1. The training officer shall be 75% of the basis of the pension dimension.

2. The training officer shall not be less than the lowest of the pension for a person who is partially incapable of work.

3. The training pension shall not be eligible for the performance of the activity referred to in Article 3. 104 (1) 1-4, regardless of the height of this revenue.

Chapter 2

Survivor's pension

Article 65. [ The survivor's pension after the death of a person entitled to a pension or a pension for incapacity to work] 1. The survivor's pension shall be entitled to entitled family members who at the time of death have been entitled to a pension for incapacity to work or who have fulfilled the conditions required to obtain one of those benefits.

2. When assessing the right to an annuity, it is assumed that the person died was completely incapable of working.

3. (repealed)

Article 66. [ The survivor's pension after the death of the person who takes the preretirement pension, the retirement pension or the teacher's compensation payment] The survivor's pension is also entitled to a family member who, at the time of his death, has been entitled to a pension, a pre-retirement pension or a teacher's compensation payment. In such a case, it is assumed that the person has died fulfilling the conditions for obtaining an annuity for the total incapacity for work.

Article 67. [ Persons Entitled to survivor's pension] 1. The following family members shall be entitled to the survivor's pension to meet the conditions laid down in the Article. 68-71:

1) the children of their own, the children of the second spouse, and the children of the adopted children;

2) adopted for education and maintenance before the achievement of the full age of grandchildren, siblings and other children, with the exception of children admitted to education and maintenance within the foster family or family home;

3) the spouse (widow and widow);

4) parents.

2. Parents within the meaning of the Act shall also be considered as stepfather and stepmother as well as adoptive persons.

Article 68. [ Children's privileges] 1. Children's own children, the children of the second spouse and children have the right to the survivor's pension:

1) for the completion of 16 years;

2) to complete school education, if they have exceeded 16 years of age, however, no longer than to reach 25 years of age, or

(3) irrespective of age, if they have become completely incapable of work and self-existence or completely unfit for work during the period referred to in points 1 or 2.

2. If a child has reached 25 years of age, being at the last year of higher education studies, the right to a survivor's pension shall be extended until the end of that year of study.

Article 69. [ Entitlements of persons accepted for education and maintenance] Accepted for the upbringing and maintenance of grandchildren, siblings and other children referred to in art. 67 par. In accordance with Article 4 (1), they shall be entitled to a survivor's pension if they fulfil the conditions laid down in the Article 68, and in addition:

1) have been accepted for the upbringing and maintenance of at least one year prior to the death of the insured (retired or pensioner), unless the death was the aftermath of the accident, and

2) do not have the right to an annuity after deceased parents, and when parents live if:

(a) they cannot ensure that they are maintained or

(b) the insured person (pensioner or pensioner) or his/her spouse was the guardian of the person established by the court.

Article 70. [ Widow's privileges] 1. The widow shall have the right to a survivor's pension if:

1) at the time of the death of the husband reached the age of 50 years or was incapable of working either

2) raise at least one of the children, grandchildren or siblings entitled to a survivor's pension after the deceased husband, who has not reached the age of 16, and if you are educated at school-18 years of age, or if you are taking care of a child completely incapable of work and self-existent or totally incapable of working, entitled to a survivor's pension.

2. The right to a survivor's pension shall also be acquired by a widow who has reached the age of 50 or became incapable of working after the death of her husband, but not later than within 5 years of his death or since the cessation of the raising of the persons mentioned in the mouth. 1 point 2.

3. [ 2] A divorced spouse or a widow who, until the date of her husband's death, has not been married with him, shall be entitled to a survivor's pension if, in addition to the fulfilment of the conditions set out in the paragraph, he or she is entitled to a survivor's pension 1 or 2 had the right to alimony on the day of the death of her husband on his part determined by a judgment or a court settlement.

4. A widow who does not fulfil the conditions for the survivor's pension as defined in the paragraph. 1 or 2 and not having the necessary livelihood shall be entitled to a periodic survivor's pension:

1) for a period of one year from the moment of death of the husband;

2) during the period of participation in the organised training aimed at obtaining a qualification for the performance of gainful employment, however, no longer than for 2 years from the moment of death of the husband.

5. The provisions of the paragraph. 1-4 shall apply mutatis mutandis to the widow.

Article 71. [ Parents ' Authority] Parents shall have the right to a survivor's pension if:

1) the insured person (pensioner or pensioner) immediately before his death contributed to their subsistment;

2) meet the conditions laid down for the widow and the widow in the art. 70 par. 1 and 2 and, as of age, also in art. 70 par. 5.

Article 72. [ Ustan entitlement to survivor's pension] In case of cessation of the right to a survivor's pension due to the resignation of incapacity to work, the provision of the Article shall apply mutatis mutandis. 61.

Article 73. [ Height of the survivor's pension] 1. The survivor's pension shall be:

1) for one entitled person-85% of the benefit which would have been entitled to the deceased;

2) for two eligible persons-90% of the benefit which would have been entitled to the deceased;

3) for three or more eligible persons-95% of the benefit which would have been entitled to the deceased.

2. For the amount of the benefit that would have been granted to the deceased, the amount of the pension shall be deemed to be, subject to the provisions of the paragraph. 3 and 3a, or an annuity for the total incapacity for work.

2a. In the event of the death of a person receiving a partial pension or fulfilling the conditions for obtaining that pension before the age specified in the art. 24 ust. The amount of the pension determined in accordance with the Article shall be deemed to be the amount of the benefit to be paid to the deceased for the amount of the benefit to be paid. 26 for the purpose of calculating the partial pension, subject to paragraph. 3, at full height.

3. If the deceased's pension has been calculated with the increases referred to in art. 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 favored by the deceased.

3a. The basis for the calculation of the pension which would have been entitled to the deceased shall be reduced by the proportion of the amount of the funds listed on the sub-account referred to in Article 3 (2) of the basic Regulation. 40a of the Act of 13 October 1998. the social security scheme which has been paid in the context of the distribution of funds in the event of divorce, annulment of marriage or in the event of death of the person for whom the establishment is carried out by the subaccount.

3b. The paragraph rule. 3a shall apply mutatis mutandis to the guarantee payment referred to in Article 3. 25b par. 3.

4. Paragraph Recipe 3 shall apply mutatis mutandis to the calculation of the survivor's pension after persons having established the right to a pension or an incapacity pension under the provisions referred to in Article 3 shall apply mutatis mutandis. 195.

5. Family pensions shall be paid out of the Fund, except that the costs of these pensions are subject to an appropriate refund:

1) in the part corresponding to the increase referred to in paragraph 1. 3 and 4, and in the part corresponding to the periods of work on the holding, taken into account in accordance with the provisions of Article 3 (4) 63 par. 1-from the pension fund set out in the rules on social insurance of farmers;

2) in part corresponding to the increase to the amount of the benefit of the lowest-from the state budget.

Article 74. [ Total survivor's pension] 1. All eligible family members shall be entitled to one total family pension, taking into account the paragraph. 2-4.

2. The survivor's pension shall be subject to division into equal parts between the entitled.

3. In the event of disclosure of the circumstances causing the division of the survivor's pension to be made for the first time or to change the conditions for the current distribution of the pension due to the change in the number of persons entitled, the annuity shall divide the benefit from the the month of disclosure of those circumstances. The provisions of Article 4 129 (1) 1 and 2 shall apply mutatis mutandis.

4. In the event of disclosure of the circumstances causing the division of the survivor's pension to be determined, the provision of the Article. 133 shall apply mutatis mutandis.

SECTION IV

Allowances for pensions and pensions

Article 75. [ Care allowance] 1. The care allowance shall be entitled to a person entitled to a pension, if that person has been found to be wholly incapable of work and to a self-contained existence, or has completed 75 years of age, subject to the provisions of paragraph 1 (a) of the Appendix. 4.

2. The care allowance is 106,41 zł [ 3] monthly.

3. The amount of the allowance referred to in paragraph. 2, shall be increased by the application of the pensions and pensions valorisation rate from the month in which the valorisation is carried out.

4. A pension entitled to a retirement pension or pension in a care and care facility or in a nursing care facility shall not be entitled, unless he/she is staying outside that facility for a period of more than 2 weeks per month.

Article 76. [ Appendix for Orphans Completly] 1. If an orphan is entitled to a survivor's pension, he shall be entitled to a full orphan's allowance.

2. The allowance referred to in paragraph 2. 1, is 200 zł [ 4] monthly.

3. The amount of the allowance referred to in paragraph. 2, shall be increased by the application of the pensions and pensions valorisation rate from the month in which the valorisation is carried out.

CHAPTER V

Funeral allowance

Article 77. [ Funeral allowances] 1. A funeral force shall be entitled to death in the event of death:

1) the insured person;

(2) a person who receives a pension or a pension;

3) a person who, on the day of death, did not have a fixed right to a pension, but fulfilled the conditions for obtaining and downloading it;

4. a member of the family of a person referred to in points 1 and 2.

2. The members of the family referred to in paragraph. Point 4 of the first paragraph shall be:

1) the spouse (widow and widow);

2) parents, stepfather, stepmother and adoptive persons;

3) children's own children, children of the second spouse, children adopted and children placed in foster care;

4. adopted for the education and maintenance of children other than those mentioned in point 3 before the achievement of the full age;

5) siblings;

6. grandparents;

7) grandchildren;

8) the persons on whom legal care has been established.

3. A funeral force shall also be entitled to death in the event of death of the insured person after the insurance has ceased, if death occurred during the period of collection of the sickness, rehabilitation or maternity allowance.

4. A funeral force shall be entitled to only one title.

Article 78. [ Person entitled] 1. A funeral force shall be entitled to the person who has covered the costs of the funeral.

2. A funeral force shall also be entitled to an employer, a social assistance home, a commune, a district, a legal person of a church or a religious union, if they have covered the costs of the funeral.

3. In the event of the cost of burial by more than one person or entity referred to in paragraph. 2, the funeral allowance shall be distributed between those persons or entities, in proportion to the costs incurred for the funeral.

Article 79. [ Documented Funeral Expenses] 1. In the event of the costs of burial by a person other than those mentioned in the art. 77 par. 1 point 4, the employer, the social assistance house, the municipality, the county, the legal person of the church or the religious union, the funeral allowance shall be entitled to the amount of the funeral expenses documented, not higher, however, than specified in the art. 80.

2. If the funeral was organised at the expense of the State, political or social organization, but the persons referred to in art. 77 par. Article 1 (4), as well as the part of the costs incurred, shall be entitled to a benefit at the rate specified in Article 4 (1). 80.

Article 80. [ The amount of the funeral allowance] The funeral allowance is granted in the amount of 4000 PLN.

Article 81. [ Termination of the right to benefit] 1. The right to a funeral allowance shall be extinguished in the event of failure to notify an application for its grant within 12 months from the date of death of the person after which the allowance is entitled.

2. If the application for a funeral allowance is made within the period specified in the paragraph. 1 was impossible due to the later finding of the body or to identify the deceased person or for other reasons completely independent of the entitled person, the right to the funeral allowance expires after 12 months from the day of the funeral.

3. A document confirming the circumstances or reasons referred to in the paragraph. 2, shall be the attestation of the Police or the Prosecutor's Office, a copy of the complete death certificate or any other official document confirming the existence of the circumstances or reasons preventing the application from being submitted.

CHAPTER VI

Benefits granted in particular mode

Article 82. [ Permission of the President of the Council of Ministers] 1. The President of the Council of Ministers in particularly justified cases may grant a pension on the terms and conditions and at a level other than those specified in the Act.

2. The President of the Council of Ministers shall present to the Sejm of the Republic of Poland by 31 January of each calendar year the information on the granted in the year preceding the pensioners and the rents on the basis of the paragraph. 1.

Article 83. [ Chairman of the ZUS President] 1. The safest and the remaining members of the family who, as a result of special circumstances, do not fulfil the conditions required by the Act to obtain the right to a pension, may not-due to the total incapacity for work or age- to undertake work or activities covered by social insurance and do not have the necessary means of subsistence, the President of the Plant may grant by way of exception a benefit in the amount not exceeding the appropriate benefits provided by the Act.

1a. Rules of Art. 24a and 27a shall apply mutatis mutandis to pensions for incapacity for work granted in accordance with the procedure laid down in paragraph 1. 1.

2. Article Recipe 82 ust. 2 shall apply mutatis mutandis.

Article 84. [ Funding from the budget] The benefits referred to in Article 82 and 83, are financed from the state budget.

CHAPTER VII

Common provisions on the amount of benefits

Chapter 1

Lower and upper limit of benefits

Article 85. [ Lowest pension amounts] 1. The minimum amounts of incapacity for work shall be:

1) 880,45 zł [ 5] monthly-for persons who are completely unfit for work;

2) 675,13 zł [ 6] monthly-for people who are partially unable to work.

2. The amount of the lowest pension, subject to art. 24a (b) 6, art. 54, art. 54a ust. 2 and Art. 87, and the survivor's pension is 880,45 zł [ 7] monthly.

3. The amounts of the lowest benefits referred to in paragraph 3. 1 and 2, shall be increased by the application of the valorisation rate referred to in Article 3. 89-94.

4. The benefits fixed in the amounts lower than those stipulated in the paragraph. 1-3, including the benefits established, together with the increases referred to in Article 3. 56 par. 3 and 4 and in art. 73 (1) 3 and 4, shall be increased to those amounts ex officio and, if the payment has been withheld, after the payment is resumed.

5. Paragraph Recipe 4 applies to benefits granted in accordance with the provisions of international agreements insured residing in Poland, in such a way that the sum of benefits granted on the basis of the Act and the foreign benefit is not lower than the amount of benefits specified in the paragraph. 1-3.

6. The pension rights of the Fund shall not be increased to the amount of the lowest retirement pension if it is entitled to a person who has a fixed right to a military pension calculated according to the rules laid down in the Article. 15a of the Act of 10 December 1993. o procurement of occupational pensions and their families (Dz. U. of 2015 items 330 and 1830) or to a police pension calculated on the basis of the rules laid down in the Article. 15a of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire Service and Prison Service and their families (Dz. U. of 2015 items 900 and 1268).

Article 86. [ Maximum Amount] 1. The amount of the pension and the pension including the increases referred to in art. 56 par. 3 and 4 or in art. 73 (1) 3 and 4, may not exceed 100% of the basis of the pension or pension base.

2. The limitation of benefits up to 100% of the basis of their dimension does not apply to pensions and pensions in the amount specified in Art. 85.

3. To the benefits fixed according to art. 23 in the lowest amounts shall not be eligible for the increase referred to in Article 3. 56 par. 3 and 4 and in art. 73 (1) 3 and 4.

Article 87. [ Minimum Amount] 1. Where the pension is granted by the Fund as defined in Article 3 (1) of the Regulation, 26, including the temporary capital pension, or the pension under the Fund referred to in Article 18 (1) of the EFF. 26, is lower than the amount referred to in art. 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) a man-has reached the retirement age referred to in art. 24 ust. 1b, and has a contributory and non-contributory period of at least 25 years,

2) woman-has reached the retirement age referred to in art. 24 ust. 1a, and has a component and non-contributory period of at least 25 years, taking into account the mouth. 1b

-taking into account the mouth. 3-7. Article Recipe 5 par. 2 shall apply mutatis mutandis.

1a. During the period of the contribution referred to in paragraph 1 (a), Points 1 and 2 shall take into account the period for which the increase referred to in Article 1 has been fixed. 26a.

1b. The period of contributory and non-contributory referred to in paragraph 1. 1 point 2, shall be:

1) 20 years-until 31 December 2013;

2) 21 years-from 1 January 2014;

3) 22 years-from 1 January 2016;

4) 23 years-from 1 January 2018;

5) 24 years-from 1 January 2020. until 31 December 2021

2. The exaltation referred to in paragraph. 1, is subject to refunds from the state budget.

3. When calculating the period of warehouses falling after the entry into force of the Act for the purposes of increasing the pension under the terms of the Act. 1 month in which the pension contributions were calculated on the basis of the lower than the minimum wage of the employees, account shall be taken of the proportion of that base to the minimum amount. salaries.

4. The rules referred to in paragraph 1. 3, does not apply if the reduction in the base of the contributions below the minimum wage is due to the collection of wages for the time of the incapacity for work paid under the provisions of the Labour Code, allowances and benefits rehabilitation of sickness insurance or of accident insurance. It is also not applicable where the basis for the assessment of the contributions to the pension insurance scheme constituted the amount of the permanent benefit from the social assistance, the provision of the nursing care or the special care allowance laid down in the provisions of the family benefits or welfare benefits as defined in the provisions on the establishment and payment of allowances for guardians, and to the employees referred to in Article 4 (1) of the Regulation. 6 para. 2 of the Act of 10 October 2002. with a minimum wage for work (Dz. U. of 2015 items 2008), reliable soldiers in the active service, insured persons serving as a replacement service, as well as remaining in the service of the candidate Police officers, the Border Guard, the Government Security Bureau and the State Fire Service.

5. The right to increase referred to in paragraph 1, shall not be entitled to pensioners who achieve the income of the activities referred to in Article 3. 104 (1) 1-4, if the revenue exceeds the amount of the increase.

5a. The right to increase referred to in paragraph 5. 1, shall not be entitled, in the event of confluance, to a pension from the Fund 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.

6. (repealed)

7. To determine the amount of the overrun referred to in paragraph 1. 5, the provisions of Article 5 shall apply mutatis mutandis. 104 (1) 1-8 and Art. 106.

8. The provisions of the paragraph. 1-7 shall apply mutatis mutandis to persons who have not acceded to the open pension fund.

Chapter 2

Valorisation of benefits

Article 88. [ Valorization of pensions] 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. [ Valorization Index] 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 of the average salary 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, is the subject of annual negotiations, in the framework of the Social Dialogue Council, carried out in June, the year before the valorisation.

4. If the Social Dialogue Council, within 14 days from the date on which the social partners submitted information on the forecast macroeconomic projections, including the size of the inflation rate, which form the basis for the development of the the draft budget law for the following year shall be agreed, by way of a resolution, by the amount of the increase referred to in paragraph 1. 3, the height of this increase shall be subject to the notice in the Official Journal of the Republic of Poland "Monitor Polski", by means of the message of the Minister responsible for Social Security Affairs.

5. If the position of the Social Dialogue Council is not agreed in accordance with the procedure laid down in paragraph 5. 3 and 4, the Council of Ministers shall determine within a period of 21 days from the date of the end of negotiations, by means of a regulation, the amount of the increase referred to in paragraph. 3, taking into account the information on the forecast macroeconomic projections, including the size of the inflation rate underlying the development of the draft budget law for the following year.

6. The Minister responsible for Social Security shall announce by way of communication, in the Official Journal of the Republic of Poland "Monitor Polski", within 3 working days from the day of the announcement by the President of the Central Statistical Office of the message, referred to in art. 94 par. 1 points 1 and 2, the valorisation rate, taking into account the indicators referred to in paragraph 1. 1 and 2, as well as the amount of the increase referred to in paragraph 2. 3.

Article 90. (repealed)

Article 91. (repealed)

Article 92. (repealed)

Article 93. [ Change of pensions and pensions] 1. The change in the amount of pensions and pensions under the valorisation shall be taken from the office and, if the payment of the benefit has been withheld, after its resumption, taking into account all subsequent valorisation and additional valorisation, falling within the period of time withholding payment.

2. Decisions on the valorisation of pensions drawn up using the ICT system may, instead of the signature, include the printing of the name and the name of the person authorised to issue them together with the official position.

Article 94. [ Announcements in the Polish Monitor] 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.

Chapter 3

Entitlement to benefits

Article 95. [ The procedure of the right to several benefits] 1. In the event of a run by one person, the right to several of the benefits provided for in the Act shall be paid one of those benefits-higher or selected by the person concerned.

2. Paragraph Recipe 1 shall also apply, taking into account the Article 96, in the event of the confluence of the right to a pension or pension as defined in the law with the right to benefits provided for in the provisions on the retirement provision of persons referred to in art. 2. 2, except where the military or police pension has been calculated according to the rules laid down in the Article. 15a or art. 18e of the Act of 10 December 1993. to provide the retirement provision of professional soldiers and their families or in art. 15a or art. 18e of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire brigades and Prison Service and their families.

3. Paragraph Recipe 1 shall also apply in the event of a confluence of one person's right to a survivor's pension with the right to an allowance or a pre-retirement benefit.

Article 96. [ Application of separate provisions] 1. Separate provisions shall determine the right to receive benefits in the event of the conflue of one person's right to a pension with the right to:

1) an annuity of war and military invalidity, whose incapacity for work remains in connection with the military service;

2) a pension for the incapacity for work caused by the stay in the places referred to in art. 3 and 4 (4) 1 of the Act of 24 January 1991. about combatants and some individuals who are victims of war repression and post-war period (Dz. U. of 2014 items 1206 and of 2015 items 693 and 2281);

3) a pension for incapacity for work caused by an accident at work, an accident on the way to work or from work or occupational disease.

2. Separate provisions shall determine the right to collect benefits in the event of a confluence of one person's right to a pension or a pension with the right to a pension or a pension from the social security of farmers.

Article 97. [ Payments from foreign institutions] Persons entitled to an old-age pension and to benefits of a foreign institution's benefits under the Act shall be paid in the amount specified therein if the international agreements do not provide otherwise.

Article 98. [ Cessation of payment of one of the benefits] 1. Hold of the payment of one of the benefits referred to in art. 95, it shall take place from the day on which the right to the payment of the benefit of a higher or the person concerned is entitled.

2. In the event of the conflue of the right to the benefits referred to in art. 96, these benefits are paid from the date of the entitlement to two benefits, however, not earlier than the month in which the application was submitted.

3. The amounts of the benefits paid for the period for which the right to the payment of a higher or the person chosen by the person concerned or more than one benefit shall be accounted for by an advance payment of that benefit or benefits. Article Recipe 139 (1) 1 point 1 shall apply mutatis mutandis.

4. The calculation referred to in paragraph 1. 3, taking into account the rules on the financing of benefits set out in the provisions on the social security system.

Article 99. [ The procedure for the right to a funeral allowance] In the event of a waive of the right to a funeral allowance, a law with a right to a funeral allowance based on separate laws shall be entitled to a single allowance.

CHAPTER VIII

Rules for determining the benefits

Chapter 1

Creation and termination of entitlement to benefits

Article 100. [ Rise of the law] 1. The right to the benefits specified in the Act shall arise from the date of fulfilment of all the conditions required for the acquisition of this right, subject to the paragraph. 2.

2. If the insured person charges the sickness benefit, the rehabilitation benefit or the remuneration for the duration of the incapacity for work paid under the provisions of the Labour Code, the right to a pension, invalidity pension or training pension arises from the date of cessation of the collection of this benefit, benefit or remuneration.

3. Paragraph Recipe 2 shall not apply to the pension referred to in Chapter 1 of Chapter II.

Article 101. [ Rights of the Law] Entitlement to benefits shall cease:

1) when the cessation of any of the conditions required to obtain this right;

2) with the death of an authorized person.

Article 101a. [ Ustan entitlement to a pension for incapacity for work] The right to an invalidity pension shall cease from the date on which the pension was granted in accordance with the provisions of Article 4 (1) of the Rules of Law of the European Union 24a or 27a.

Article 102. [ Ustands for the right to benefit dependent on periodic incapacity to work] 1. The right to benefit depends on the periodic incapacity to work shall cease on the expiry of the period for which the benefit is granted.

2. The right to the training pension shall cease:

1) with the expiry of 6 months, if the starosta does not request an extension of that period;

2) from the date of receipt of the notice of old age about the lack of possibility of retraining to another profession, also when the notice to the annuity authority has received before the expiry of 6 months;

3) with the expiry of the period for which the benefit was granted at the request of the starost;

4. from the date of receipt of the notice of old age, that the person concerned shall not undergo a professional retraining within six months or in the period referred to in point 3.

Chapter 2

Suspension or reduction of benefits

Article 103. [ Suspension or reduction of benefits] 1. The right to pensions and pensions shall be suspended or these benefits shall be reduced in accordance with the rules laid down in Article 3. 103a-106.

2. The provision of the paragraph. 1 shall not apply to pensioners who have reached the retirement age referred to in art. 24 ust. 1a and 1b and in art. 27 ust. 2 and 3, subject to art. 103a.

2a. (repealed)

3. The right to a pension, invalidity pension, or survivor's pension, to which one person is entitled, may be suspended also at the request of a pensioner or a pensioner.

4. (repealed)

Article 103a. [ Suspension of the right to a pension as a result of continuing employment without a prior termination of the employment relationship] [ 8] The right to a pension shall be suspended irrespective of the amount of the income earned by the pensioner on the employment of the person who is continuing without prior termination of the employment relationship with the employer, to whom he pursued them immediately before the date of acquisition. the right to a pension as laid down in the decision of the annuity.

Article 104. [ Achievement of income for activities subject to social security obligations] 1. The right to a pension or pension shall be suspended or the benefits shall be reduced, under the conditions laid down in the paragraph. 3-8 and in art. 105, in the event of the attainment of the income from the activities subject to the social security obligation referred to in paragraph. 2 and by virtue of the service referred to in Article 2. 6 para. 1 points 4 and 6.

1a. [ 9] For pensioners engaged in non-agricultural activities for the income referred to in paragraph 1. 1, the revenue constituting the basis of the social security contribution within the meaning of the provisions on social security schemes shall be taken.

2. For activities subject to the obligation of social insurance referred to in paragraph. 1, the employment, service or other gainful employment or the conduct of non-agricultural activities shall be deemed to be taken into account in the light of paragraph 1. 3.

3. The provisions of the paragraph. 1 and 2 shall also apply to pensioners who achieve income for activities carried out abroad.

4. The provisions of the paragraph. 1, 1a and 2 shall also apply to persons exempted from social security obligations for the establishment of a right to a pension or an activity which is not compulsory for social insurance due to its being subject to the to the obligation of another title.

5. The provisions of the paragraph. 1-4 does not apply to fees for creative and artistic activities.

6. For the revenue referred to in paragraph 1. 1, the amount of allowances collected: sickness, maternity and care allowance and the salary for the incapacity of work, paid under the provisions of the Labour Code, and the amount of rehabilitation and compensatory allowances, allowance, The compensatory allowance and the compensatory allowance.

7. The right to a pension, invalidity pension and survivor's pension, to which one person is entitled, shall be suspended if the income is reached in an amount higher than 130% of the average monthly remuneration for the quarter calendar, most recently announced by the President of the Central Statistical Office.

8. In the event of the achievement of revenue exceeding 70% of the average monthly remuneration for the calendar quarter, most recently announced by the President of the Central Statistical Office, but not higher than 130% of that amount, the benefit undergoes a reduction by the amount of the overrun, but not more than the maximum reduction in force on 31 December 1998. of:

(1) 24% of the basic amount in force at the latest valorisation in 1998. -for a pension or a pension for total incapacity for work;

(2) 18% of the amount of the basic amount referred to in point 1 for the pension for partial incapacity for work;

(3) 20,4% of the amount of the basic amount referred to in point 1 for the survivor's pension to which one person is entitled.

(9) The amounts of the maximum reductions referred to in paragraph 1 shall be reduced. 8, they shall be subject to an increase, using the rates of pensions and pensions valorisation at subsequent times of valorisation.

10. The President of the Social Insurance Institution shall announce in the Official Journal of the Republic of Poland "Monitor Polski":

1. by the 14th working day of the second month of each calendar quarter, the amount of the revenue referred to in paragraph 1. 7 and 8, with a round up to a full 10 groszy;

2) by the deadline of the 14th working day of November-the amount of the revenue limit for the passing calendar year.

Article 105. [ Reduction of survivor's pension] 1. The amount of the survivor's pension, entitled to more than one person, shall be reduced where the person entitled to a part of the pension reaches revenue in an amount higher than 70% of the average salary for the calendar quarter, most recently announced by the President of the Central Statistical Office, but not more than 130% of this amount per month.

2. The reduction of the pension shall be effected by reducing the part of the pension entitled to the person attaining the revenue by the amount of the overrun, but not more than the amount referred to in art. 104 (1) 8 point 3, multiplied by the proportion of the part of the survivor's pension before the reduction and the full survivor's pension.

3. The revenue achieved by a person entitled to a survivor's pension in the amount exceeding the amount equal to 130% of the average remuneration for the calendar quarter, most recently announced by the President of the Central Statistical Office, causes the suspension of the law to the part of the survivor's pension for that person. The amount of the part of the pension for the remaining members of the family shall not be affected.

Article 106. [ Delegation] The Minister responsible for social security shall determine, by means of a regulation:

1. detailed rules for the suspension and reduction of benefits;

2) the duties of pensioners and tax payers and treasury offices;

3) detailed rules of the annual and monthly accounting of benefits;

4) detailed rules for the suspension and reduction of benefits to persons whose benefits have been granted taking into account periods of insurance abroad.

Chapter 3

Changes in the right to benefits and their amount

Article 107. [ Amendment of the right to benefits dependent on incapacity for work] The right to benefits dependent on incapacity for work and the amount of those benefits shall be changed if, following a medical examination carried out at the request or from the authority, a change in the degree of incapacity for work has been established, the absence of such inability or will be re-created.

Art. 107a. [ Redetermination of the right to a survivor's pension] 1. If more than one person is entitled to a survivor's pension and one or more of these persons requests an exemption from the circle of persons entitled to an annuity, the right to a survivor's pension will be re-established with the omission of that person (persons).

2. The application referred to in paragraph 2. 1, is a circumstance which sets the right to the survivors ' pension of the persons referred to in paragraph 1. 1. Article Recipe 134 (1) 1 point 1 and paragraph. Article 2 (2) shall apply mutatis mutandis.

3. Redetermination of the amount of the survivor's pension for the other persons entitled to an annuity shall take place from the month from which the payment of the pension to the person referred to in the paragraph has been withheld. 1.

4. At the request of the person referred to in the mouth. 1, the right to a survivor's pension shall be re-established, but not earlier than from the month of filing of the application.

Article 108. [ Reestablishment of the benefit] 1. If, after the date on which the pension is granted as referred to in Article 24 or 24a, a pensioner subject to pension insurance, the amount of the benefit shall be re-established in the manner set out in the paragraph. 2.

2. Pensions calculated according to the rules laid down in Art. 26 shall be increased by the amount resulting from the splitting of the contributions collected on the account insured after the date of the establishment of the pension entitlement referred to in Article 4. 24 and 24a, and to be released in accordance with art. The average rate of life determined for the age of the insured person at the date of the application for the conversion of the pension, taking into account the paragraph, shall be determined by the average number of survivors. 4 and 5.

2a. A member of an open pension fund shall submit an application for the reestablishment of the amount of the pension referred to in Article 2. 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. about capital pensions.

3. Redetermination of the amount of the 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 insurance and the pension.

4. The basis for the calculation of the pension shall be the amount of the contributions recorded from the month from which the payment of the pension was taken for the first time, up to the month preceding the month of application for the reestablishment of the pension.

5. Paragraph Recipe 4 shall apply mutatis mutandis to further applications for the establishment of a new retirement pension.

Article 109. [ Reestablishment of the amount of the pension at the request of the holder] 1. At the request of a pensioner or a pensioner the amount of the pension specified in Art. 53 and the pension shall be re-determined in accordance with the rules laid down in Article 3. 110-113.

2. If, as a result of the redetermination of the pension or the pension is lower, the benefit shall be granted in the amount so far.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to a pension calculated in accordance with Article 3. 24a (b) 5 and art. 54a.

Article 110. [ Way of recalculation of the pension] 1. The amount of the pension or the pension shall be recalculated from the basis of the dimension determined in the manner specified in the art. 15, taking into account the mouth. 3 if the calculation of the contribution to social insurance or pension insurance under the provisions of Polish law, in whole or in part after the grant of the benefit, and the rate of the amount, is indicated in the calculation of the contribution the dimension base is higher than the previously calculated basis.

2. The condition of having a higher rate of the basis of the base of the dimension is not required from a pensioner, who from the day of establishing the right to provide until the date of application of the application for the reestablishment of the benefit, in accordance with the paragraph. If the right to a pension is suspended or the period required to determine the basis is in full after the entitlement to the benefit has been granted and the rate of the base is at least 130%, the pension shall not be paid.

3. The period of the last 20 calendar years referred to in art. 15 para. 1, covers the period immediately prior to the year in which the request for redetermination of the amount of the benefit was requested, taking into account the Article. 176.

Article 110a. [ Recalculation of the pension] 1. The amount of the pension shall be recalculate from the basis of the dimension determined in the manner specified in the art 15, taking into account art. 110 (1) 3 if the calculation of the contribution to social insurance or pension insurance under the provisions of Polish law, in whole or in part after the grant of the benefit, and the rate of the amount, is indicated in the calculation of the contribution the base of the dimension before applying the restriction referred to in art. 15 para. 5, is higher than 250%.

2. Determination of the amount of the pension in accordance with paragraph. 1 may occur only once.

Article 111. [ Determination of new amount of retirement or pension] 1. The amount of the pension or the pension shall be recalculated, subject to paragraph. Article 1 (2) and (3), from the basis of the assessment of the 15, if the basis for the calculation of the contribution to social insurance or pension insurance under the provisions of Polish law is indicated in its calculation:

1) from the number of consecutive calendar years and during the period indicated for establishing the previous basis of the benefit dimension,

2) of the following 10 calendar years selected from 20 calendar years, preceding the direct calendar year in which the application for a pension or pension has been applied for, or for the reestablishment of the pension, taking into account art. 176

3) of the 20 calendar years selected from the entire period of insurance coverage, before the year of application for the reestablishment of the pension or pension

-and the height indicator of the dimension base is higher than previously calculated.

2. An indicator of the height of the base of the dimension, calculated on the principles specified in art. 15, multiplies by the base amount last accepted to calculate the benefit.

3. The basis of the pension dimension, determined on the basis of the rules referred to in the paragraph. 1 and 2, shall be subject to all the valorisation of the application to reestablish that basis on the date on which the application is made.

Article 112. [ Deduction of time periods not taken into account] 1. If a pensioner requests a reestablishment of the amount of the benefit by an amount not already included in the attestation of contributory or non-contributory periods, the amount of the benefit shall be increased by the following:

1) to the amount of the pension referred to in Art. 53, or a pension for total incapacity for work:

(a) after 1,3% of the basis of the assessment as a result of the valorisation, for each year of the constituent periods referred to in Article 6,

(b) at 0,7% of the base of the dimension determined as a result of the valorisation, for each year of the non-contributory periods referred to in Article 4 (1). 7;

2. to the amount of the pension for partial incapacity for work and up to the amount of the survivor's pension part of the increase referred to in point 1, determined by the percentage rate referred to respectively in Article 3 (1) (a). 62 ust. 2 or in Article 73 (1) 1.

2. When calculating the growth referred to in paragraph. 1, the constituent and non-contributory periods shall be determined taking into account the full months.

Article 113. [ Application request] The redetermination of the amount of a pension for incapacity to work, by an amount not already included in the provision of contributory or non-contributory periods, shall be made at the request notified not earlier than after completion of the period of validity of the pension. a calendar quarter, if the pensioner remains in the insurance, unless the insurance is determined in the calendar quarter.

Article 114. [ Decisions] 1. The right to benefits or their amount shall be re-established at the request of the person concerned or from the office, if after the entitlement to the benefit decision is submitted, new evidence is submitted or the circumstances existing before the release have been disclosed this decision, which affects the right to benefits or on their amount.

1a. (lost power)

2. If the right to benefits or their amount has been determined by the decision of the appeal body, the pension body on the basis of the evidence or the circumstances referred to in the paragraph. 1:

1) issues a decision granting the right to benefits or increasing their amount;

2) request the appeal body to resume the proceedings before that body when, from the evidence submitted or the circumstances revealed, the right to benefits does not exist or that the benefits are at a lower level; Whereas this claim may be made at any time by that X-ray authority;

3) withhold the payment of benefits in whole or in part if the pensioner has benefited from benefits on the basis of incorrect documents or testimony or in other cases of bad will.

CHAPTER IX

Treatment of benefits and payment of benefits

Chapter 1

General principles of the procedure

Article 115. [ Issuing authorities] 1. Decisions in the case of benefits issue and the benefits shall be paid, taking into account the mouth. 2-4, the pension authorities competent for the place of residence of the person concerned.

2. Appointed by the President of the Establishment Organizational Unit shall issue the decisions on the benefits and the benefits shall be paid out:

1) persons residing abroad in the State with which the Republic of Poland is connected by an international agreement in the field of social security;

2) persons who, when determining the right and amount of a pension or an annuity, take into account the periods of insurance referred to in art. 8.

3. Persons residing abroad in a State with which the Republic of Poland does not join an international agreement in the field of social security, decisions in matters of benefits issue and these benefits are paid by the pension authorities competent for the last the place of residence in Poland of the person concerned (the insured person).

4. (repealed)

5. The President of the Company may appoint to arrange certain activities in the matters of the benefits of other organizational units of the Department than the units competent due to the place of residence of the person concerned.

Article 116. [ Initiation of proceedings] 1. The proceedings in matters of benefits shall be initiated on the basis of the application of the person concerned, unless otherwise provided by the law.

(1a) The pension procedure shall be initiated ex officio if the retirement age for the eligible pension or pre-retirement benefit is laid down in the provisions of Article 4 (1) of the Rules of Procedure of the European Community. 24 ust. 1a and 1b and art. 27 ust. 2 and 3.

(1b) The proceedings for the benefit shall be remitted if the person seeking the benefit has died before the decision on the benefit is given.

1C. Provision of the mouth. 1b shall not apply in the cases referred to in Article 3. 136.

1D. Provision 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.

2. An application for a pension or an annuity may be withdrawn, however, not later than the day of the decision to become eligible. In the event of withdrawal of the application, the proceedings for benefits shall be remitted.

3. The applications for benefits shall be notified directly or through the payer of contributions, taking into account art. 182.

4. Applications for the granting of benefits to the persons referred to in art. 115 (1) 2 and 3, shall be notified to the X-ray bodies referred to in those provisions, taking into account the provisions of international agreements.

5. The application for the grant of benefits should be accompanied by evidence justifying the right to benefits and their amount, determined by means of the regulation by the minister competent for social security.

Art. 116a. [ Application for periodic capital retirement] 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. about capital pensions.

Article 117. [ Proof of constituent periods] 1. The constituent periods referred to in art. 6 para. 1 points 2 to 9 and paragraph. 2 point 1 (c) b-d, point 2 (a) d and points 4-17, non-contributory periods referred to in Article 7, and the periods referred to in Article 10 para. 1 point 1 may be taken into account if they have been proved by documents (certificates) or entries in the insurance card or recognised by a court decision, taking into account the paragraph. 3 and 4.

2. Coinciding after the date of the entry into force of the Act the constituent periods referred to in art. 6 para. 1 point 1, non-contributory periods as referred to in Article In accordance with Article 7 (1) (a) of the European System of Justice and of the European Community, and in accordance with Article 7 (1) (b) of the European Community

3. The periods of embedding referred to in art. 6 para. 1 point 8, by virtue of the judgment-is confirmed by the president of the district court, and in the case of the embedding without judgment-the President of the Institute of National Remembranding-the Commission of the Prosecutions of Crimes against the Polish National

4. The periods referred to in art. 6 para. 1 point 10 and paragraph. 2 point 6a, can be proved by documents or testimonies of witnesses. These documents and testimonies shall be assessed by decision, by decision, by the Head of the Office for Combatants and by the Persons Represented in accordance with the provisions on combatants and of certain persons who are victims of war and post-war repression.

5. (repealed)

Article 118. [ Date of decision] 1. The annuity body shall issue a decision on the right to provide or determine its amount for the first time within 30 days of an explanation of the last circumstances necessary to issue that decision, taking into account the mouth. 2 and 3 and Article 3 120.

(1a) In the event of a finding of the right to provide or a judgment of the appeal body on the date of clarification of the last circumstances necessary for the adoption of the decision, the effect of the final decision of the appeal body shall also be deemed to be the date on which the decision the annuity is not responsible for the failure to determine the last circumstances necessary for the decision. The review body shall, by issuing the decision, state the responsibility of the annuity.

2. If, as a result of the decision, the right to the benefit is established and the amount thereof, the pension authority shall pay the benefit within the period specified in the paragraph. 1.

3. If, on the basis of the evidence provided, it is not possible to establish the right or the amount of the benefit, for the date of clarification of the last circumstances referred to in the paragraph. 1, the end date of the additional time limit for the submission of the necessary evidence, designated by the pension authority, or the date of submission of the evidence shall be considered.

4. When making the payment resulting from the decision reestablishing the right to the benefit or its amount, the paragraph. 1-3 shall apply mutatis mutandis, subject to paragraph 1. 5.

5. Payment of the benefit resulting from the decision referred to in the paragraph. 4, it shall take place at the earliest date of payment of the benefit or at the following date of payment, if the period between the date of clarification of the last circumstances necessary for the decision to be taken and the nearest payment deadline is less than 30 days.

6. The provisions of the paragraph. 1-5 shall not apply if international agreements provide otherwise.

(7) From the decision of the annuity, the person concerned shall be entitled to the appeals referred to in the separate provisions.

Article 119. [ Decision to grant an annuity] 1. The annuity body shall issue a decision to grant the pension for periodic incapacity to work for the period indicated in the decision of the medical examiner or in the decision of the medical committee.

2. In the event of a decision on the advisability of professional retraining, the pension authority shall issue a decision granting a training pension for a period of 6 months and shall direct the person concerned to the district labour office in order to submit the professional retraining.

3. At the request of the starost, the pension authority shall issue a decision to extend the right to the training pension for the period indicated in that application, taking into account the provision of art. 60 par. 2.

4. The annuity shall re-direct the person concerned to the medical examiner if the old age is notified of the lack of eligibility for another profession.

Article 120. [ Benefits in Advance Payment] 1. If the right to benefits has been proven, but the person concerned has not submitted the evidence necessary to establish the amount of the benefits, the pension authority shall grant the benefit to the benefit in the amount of the advance payment similar to the amount of the expected benefit benefits.

2. The pension authority shall grant the benefit referred to in paragraph 2 to the benefit referred to in paragraph 2. 1, also if the contributions due for the period from which the basis for calculating the pension referred to in Article have been established. 26, have been collected on the account of the insured person within a period of time preventing them from taking into account in the calculation of the benefit on the day of the decision on the right to benefit and establishing the amount thereof.

Article 121. [ Exemption from fees] 1. The extracts from the act of civil status, the certificates issued to determine the entitlement to the benefits and the letter for the issue of these documents shall be free of charge.

2. In the cases of benefits provided by the law, the persons concerned and the pension bodies shall be exempt from any charge, excluding fees borne by the Art. 16 ust. 4 of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2015 items 581, as late. zm.).

Article 122. [ Provision of assistance] 1. The bodies of government, self-government and employer's administration are obliged to provide the aid and information to the X-ray authorities in the matters of benefit provided by statute.

2. The entities referred to in paragraph. 1, they are obliged-at the request of the persons concerned or the annuity body-for the unpaid attestation of ownership or the authenticity of signatures on statements (declarations) and annuity forms required to obtain or download the rent from foreign institutions.

3. Paragraph Recipe 2 is without prejudice to the provisions of Article 96 of the Act of 14 February 1991. -Law on notariate (Dz. U. of 2014 items 164, of late. zm.).

Article 123. (repealed)

Article 124. [ Application of provisions of the Code of Administrative Procedure] The provisions of the Code of Administrative Procedure shall apply in the proceedings for the benefits referred to in the Act, except as otherwise provided for in this Act.

Chapter 2

Obligations of the payers of contributions, of the recipients and other entities

Article 125. [ Employers obligations] 1. Employers shall be obliged to:

1) cooperation with the employee in the collection of documentation necessary for the award of the benefit;

2. to issue to the employee or to the body the profitable certificates necessary to establish the right to benefits and their amount;

3) preparation of the application for retirement and submission of it with the consent of the employee to the profitable body no later than 30 days before the intended date of retirement of the employee, taking into account art. 182;

4) the preparation, with the consent of the staff member, of an application for an invalidity pension and a submission to a viable body for 30 days prior to the right to sickness benefits;

(5) inform without delay, after the death of the staff member, the survivor's survivors ' conditions, the preparation of the application for the pension and the submission to the profitable body.

2. The provisions of the paragraph. 1 shall apply mutatis mutandis to other contributors, with the exception of principals, natural persons employing workers, non-paying sickness insurance benefits and contributor to the payment of premiums, who pay the contribution for themselves and persons cooperating.

Article 125a. [ Documents confirming the payment of contributions] 1. The payer of contributions shall be obliged, at the request of the annuity authority, to issue documents (certificates) in order to prove the component periods referred to in art. 6 para. 1 point 1, and the non-contributory periods referred to in Article Point 1, taking into account the paragraph 1. 2 and 5.

2. The payment payer shall be obliged to issue documents (attestations) in order to prove the periods of work in specific conditions or in particular nature, periods of mining work and periods of work on the railways.

3. The payer of contributions shall be obliged to issue a certificate of the amount of income giving rise to the social security contributions, paid for the periods for which that income is entitled, as well as the amount of salaries paid for the time of incapacity for work, benefits and benefits and other claims referred to in Article 15 para. 3.

4. The payer of contributions is obliged to store payroll, salary cards or other evidence, on the basis of which the basis for the assessment of the pension is determined, for a period of 50 years from the date of termination by the insured person's work in the given the payer.

(5) From the person who pays the contribution to his own social security, the pension may be required to provide evidence of the payment of the contributions and the amount of the contribution base for the period after 31 December 1998.

Article 126. [ Surrender to a medical examination] A person who has applied for a benefit to whom the right is subject to a declaration of incapacity for work and the person having established the right to such a benefit shall be subject, at the request of the pension authority, to the examination of the benefit of the person concerned. medical examination, and, at the request of the medical examiner, or at the request of a medical commission, psychological tests if they are necessary to determine the right to benefits under the law. Article Recipe 134 (1) 1 point 3 shall apply mutatis mutandis.

Article 127. [ Obligations of the benefit of the recipients] 1. Emeryt or rencista shall be obliged to inform the pension authority of the activity referred to in art. 104 (1) 1-4, and of the amount of revenue attaching to that revenue, and, after the end of the calendar year, of the amount of that revenue received in the previous calendar year.

1a. The obligation laid down in the paragraph. 1 does not apply to pensioners who are pensionable, referred to in art. 24 ust. 1a and 1b and in art. 27 ust. 2 and 3, they achieved prior to the activity referred to in art. 104 (1) 1-4.

2. The obligations laid down in the paragraph. 1 shall rest respectively on the employer and the payer and, in the case of a person serving, on the relevant staff cell.

Article 128. [ Self-signature signature] 1. At the request of the pension authority, the pensioner shall be obliged to confirm his own signing of the existence of a further right to collect the benefits laid down by the Act.

2. In the event of circumstances preventing or preventing a pensioner from submitting this signature, the existence of a further right to receive the benefits by that pensioner or the pensioner can confirm the manned signature authorised the person who is taking care of the pensioner or pensioner.

3. The property of the signature of the persons referred to in the paragraph. 1 and 2, confirm free of charge to the competent authorities of the government or local government units.

4. Paragraph Recipe 3 does not violate the provisions of Article 96 of the Act-Law on the notarist.

5. In the event of failure to comply with the requirement referred to in paragraph 1. 1, the provisions of art. 101 and 134 shall apply mutatis mutandis.

Art. 128a. [ Delegations] The Minister responsible for Social Security shall determine, by means of a regulation:

1) the scope of the information obligations of the X-ray authorities,

2) the conditions and mode of opening the proceedings in matters of benefits,

3) the method of determining the date of application of the application for a benefit or of fixing its amount, if the application was not filed in the annuity,

4) the types of evidence justifying the right to benefits or their amount, where the account of the insured does not contain such data,

5) the scope of the data, which may be proven by the testimony of witnesses or statements of insured persons, together with an indication of the form of these statements or statements,

6) the calculation of the benefits and the periods to be taken into account in determining the benefits,

(7) the elements to be included in the decision of the annuity and the reasons for its reasons, as well as the scope of the information which should be included in the instruction to that decision,

8) the form of record keeping of the case and their storage, and the period of storage of the case files conducted in electronic form,

9) the procedure of the proceedings and the types of evidence necessary for the granting by the President of the Institute of Benefits by way of exception

-having regard to the need to ensure a smooth and timely determination of the law and the amount of the benefits provided for in the Act.

Chapter 3

General principles for payment of benefits

Article 129. [ Commencement Of Benefits] 1. The benefits shall be paid starting from the date of establishing the right to these benefits, not earlier than from the month in which the application was made or the decision of the office was issued, taking into account the mouth. 2.

2. In the event of a claim for a survivor's pension in the month immediately after the month in which the death of the insured, pensioner or pensioner died, the survivor's pension shall be paid from the date of death, but not earlier than on the date of completion the conditions for the pension by the eligible members of the family.

3. (repealed)

Article 130. [ Payment method] 1. The benefits shall be paid for the calendar months on the date set in the decision of the annuity body as the deadline for payment of benefits, taking into account the mouth. 4 and 5, unless otherwise provided by international agreements.

2. The benefits shall be paid to the persons entitled, taking into account the mouth. 3:

(1) through legal persons who are engaged in the service of benefits, or

2. at the request of the person entitled:

(a) on its payment account or its account in a bank or cooperative credit savings account, other than a payment account, or

(b) to the payment instrument indicated by it, on which electronic money is stored within the meaning of the Act of 19 August 2011. on payment services (Dz. U. of 2014 items 873 and 1916 and of 2015 items 1764, 1830 and 1893).

2a. Recipe of paragraph. 2 shall apply mutatis mutandis to persons exercising legal custody of persons entitled to a pension for incapacity for work and persons who are taking care of the persons referred to in art. 131 (1) 1.

2b. The provision of the paragraph. 2 shall not apply where a person exercising legal custody of persons entitled to a retirement pension or an invalidity pension and a person who is taking care of the persons referred to in Article 131 (1) 1, shall be punished by imprisonment, the punishment of military detention, or the sentence of arrest for a misdemeus or is temporarily arrested.

3. An abundance of imprisonment, a sentence of military detention or a sentence of arrest for a misdemeanor and a person temporarily arrested shall be paid out:

(1) through legal persons who are engaged in the service of services at the address of a criminal or a detention centre, or

2. at the request of this person:

(a) on its payment account or its account in a bank, other than a payment account,

(b) to the payment instrument indicated by it, on which electronic money is stored within the meaning of the Act of 19 August 2011. for payment services, or

(c) to the person indicated by the person concerned, after instructing the person concerned about the circumstances referred to in Article 3 (1) of the EC 138 para. 2 point 1.

4. The day of payment of the benefits transferred abroad shall be deemed to be the date of transfer of the debt to the bank or other intermediary institution in the payment of the benefits.

5. The benefits transferred abroad, fixed in the amounts lower than the lowest pension, may be paid in the other than those referred to in the paragraph. 1 of the dates fixed in the decision of the annuity.

Article 131. [ Payment of survivor's pension] 1. Family matter or part of the family referred to in art. 74 par. 2, entitled:

1) the person of the minor,

(2) the person who has been under age, under which legal care has been established,

shall be paid to persons who are taking care of these persons, after prior instruction on the circumstances referred to in Article 4 (1) of the Regulation. 138 para. 2 point 1, subject to paragraph 1 5 and 6.

2. Part of the survivor's pension, entitled to a person other than those referred to in the paragraph. 1 point 2, shall be paid, at the request of that person, to another person who has been entitled to a part of that survivor's pension, or to the person who has taken care of the applicant before the achievement of the age of age, after having been informed of the circumstances of which he or she has been entitled to take part in the treatment of the applicant for a period of time Article 138 para. 2 point 1.

(3) In the event of the disclosure of circumstances which necessitae a distribution of the pension for the first time or for a change in the conditions for the current distribution of the pension, the annuity shall pay compensation to the benefit from the month of disclosure of those circumstances.

(4) The amounts paid before the distribution of the survivor's pension for the period for which the division is fixed:

(1) shall be counted against the amount of the amounts due as a result of that division, provided that, for that period, there is an adjustment to the benefit;

2. they are not subject to an investigation if, as a result of the division, it has been established that they have received a lower rate of benefit for that period.

5. In the case of an orphan's stay in a special establishment, at the child's home or in the care and educational establishment, the family pension, together with the addition to the orphan, shall be paid to the savings account in the bank, as indicated by the head of the institution. or the procurator established by the court.

6. In the case of a stay in a special establishment, in the home of a child or in a care and care centre more than one orphan of the total entitled to one survivor's pension, each of them shall be paid out for her part of the pension and an allowance for orphans complete. The provisions of the paragraph 5 shall apply mutatis mutandis.

Article 132. [ Distributions to persons residing abroad] 1. Emeritus or pensioner who has resided abroad, the benefit shall be paid, at his/her request, to the person who is entitled to receive, to be resident in the country or to a paid pensioner or to his account in the country or to a paid account in the country a bank, other than a payment account, or to the one designated by it, issued in the country, its payment instrument on which electronic money is stored, unless otherwise provided by international agreements.

2. For the payment of benefits to persons entitled to benefits provided for by the provisions on combatants and of certain persons who are victims of war repression and post-war period, residing abroad, the rules laid down in those provisions shall apply.

Article 133. [ Payment of a reestablished entitlement to benefits] 1. In the event of a redetermination by the pension authority the right to benefits or their amount, granted or increased benefits shall be paid, starting from the month in which the right to these benefits arose or to increase them, however, not earlier than:

1) from the month in which the request for reconsideration of the case was filed or the decision was issued ex officio, subject to art. 107a (a) 3;

2. for the 3-year period immediately preceding the month referred to in point 1, if the refusal or the grant of the lower benefits was the consequence of an error of the annuity or redress.

2. Paragraph Recipe 1 shall also apply mutatis mutandis in the event of redetermination of the right to benefits or of their amount as a result of the resumption of proceedings before the appeal bodies or due to a cassation, with the fact that the month of application shall be accepted as a month of application. an application for the reopening of proceedings or for a cassation.

Article 134. [ Payout Hold] 1. The payment of benefits shall be withheld if:

1) the circumstances justifying the suspension of the right to benefits or the law of that law shall be established;

(2) a person who takes benefits despite the instruction or request of an annuity does not submit evidence of the continued existence of the right to benefits;

(3) the person entitled to benefits did not undergo a medical or psychological examination, without justifiable reasons, despite the call of the pension authority;

4) it will be found that the right to benefits did not exist;

5) benefits cannot be served on grounds beyond the control of the annuity.

2. The withholding of benefits shall be withheld from the following month:

1) per month in which the right to benefit was established as a result of periodic incapacity for work;

2) in which the decision to withhold the payment in the cases referred to in the paragraph has been issued. 1 points 1 to 4, or from the following month, if no advance payment has been made possible;

(3) for which a benefit has been unpaid in the cases referred to in paragraph 3. 1 point 5.

3. Paragraph Recipe Article 2 (2) shall apply mutatis mutandis where circumstances justify a reduction in the amount of benefits.

4. The decision to withhold the payment of benefits does not appear in the cases referred to in art. 102 (1) 1 and paragraph 2 points 1 and 3.

Article 135. [ Resumption Of Payments] 1. In the event of cessation of the reason for withholding the payment of the benefit, the payment shall resume from the month of cessation of the payment, however, not earlier than the month in which the application for resumption of the payment was made, or the office of the decision on it was issued. the reopening, taking into account the paragraph. 2.

2. In the cases referred to in art. 134 (1) 1 point 5 of the payment of the benefit shall resume from the month in which it was withheld, but for a period not exceeding 3 years immediately preceding the month in which the application for resumption of payment was requested.

3. If the cessation of the payment of benefits occurred as a result of an error of the annuity, the payment shall resume from the month in which they were withheld, but for a period not exceeding 3 years immediately prior to the month in which the application was made, resumption of the payment or a decision taken from the office of resumption.

Article 136. [ Withdrawals after the death of the righer] 1. In the event of the death of the person who has notified the application for the benefits specified by the Act, the benefits payable to her by the date of death shall be paid to the spouse, to the children with whom she has run a common household and, in the event of their absence, to the spouse and children, of which the person did not have a common household and, in the absence thereof, to other members of the family entitled to the survivor's pension or the dependants of which the person remained.

2. The persons mentioned in the mouth. 1 shall have the right to participate in the continued conduct of the benefit procedure, not completed by the death of the person who requested the benefits.

3. Claims for the payment of the benefits referred to in paragraph. 1, they shall expire 12 months from the date of death of the person whose benefits are entitled, unless a request for further proceedings is requested before the expiry of that period.

Art. 136a. [ Determination of the amount of the pension or annuity for a part of the month] 1. The amount of the pension or the pension for the incomplete month shall be determined by dividing the amount of the benefit by the number of all calendar days this month, and the amount received shall be multiplied by the number of calendar days for which the benefit is entitled.

2. In the event of the death of a pensioner or a pensioner, the payment of the benefit shall take place from one month after the month in which the pensioner died or the pensioner died.

Art. 136b. [ Benefits paid to the person who is taking care of a pensioner or a pensioner] 1. If, from the case file, it is necessary to establish for a person entitled to a pension or the pension of a legal guardian, until his establishment of the benefit may be paid to the person exercising the actual care of the pensioner, after prior an instruction on the need to inform the annuity of the circumstances giving rise to the cessation or suspension of the right to provide or withhold the payment of the benefit in whole or in part and of the obligation to reimburse the benefit of the person concerned, where it has been collected unduly.

2. The benefit shall be paid to the person exercising the actual custody of the pensioner on the basis of a declaration of the exercise of that care, confirmed by the authority which, by virtue of the tasks performed, holds the information concerning the exercise of that care care.

Article 137. (repealed)

Chapter 4

Reimbursement of unpaid benefits, execution and deduction of benefits

Article 138. [ Obligation to reimburse unduly levied benefits] 1. The person who has unduly paid the benefit shall be obliged to return them.

2. For unduly collected benefits within the meaning of the paragraph. 1 shall be considered to:

(1) benefits paid despite the existence of circumstances which result in the cessation or suspension of the entitlement to benefits or the suspension of the payment of benefits in whole or in part where the person collecting the benefits has been informed of the lack of the right to receive them;

2) benefits granted or paid on the basis of false testimony or documents or in other cases of deliberate mislead by the person receiving the benefits.

3. For unduly collected benefits within the meaning of the paragraph. 1 shall also be deemed to be of benefits paid for reasons beyond the control of the disability pension of a person other than that indicated in the decision of that authority.

4. You may not request reimbursement of amounts unduly collected for a period of more than 12 months if the person collecting the benefits has notified an annuity of the circumstances giving rise to the cessation or suspension of the right to benefits or withholding the payment of benefits in whole or in part, and nevertheless the benefits are still paid, in other cases, for more than 3 years, subject to the provisions of the paragraph. 5.

5. amounts of unpaid benefits in connection with the achievement of the revenues referred to in art. 104 (1) 1, they are refundable for a period of not more than 1 calendar year preceding the year in which the clearance decision was issued, if the person receiving the benefit notified the annuity of the achievement of the income, in others cases for a period of not more than three calendar years preceding the year of issue of that decision.

(6) The annuity may waive the claim for reimbursement of amounts unduly paid, in whole or in part, to reduce the amount of the deductions determined in accordance with the provisions of Article 4 (1). 140 par. 4 point 1, or suspend the making of such deductions for a period of not more than 12 months if there are particularly reasonable grounds for it.

Art. 138a. [ Reimbursement of benefits] The entity carrying out the payment account and the bank and the cooperative credit and credit cassettes carrying out a non-payment account, as well as the issuer of the payment instrument, are obliged to reimburse to the Company the amount of the benefits transferred to that account, or the payment instrument, for the months following the month in which the person was killed; Article provision 144 ust. 1 shall apply mutatis mutandis.

Article 139. [ Deduction of receivables] 1. From the cash benefits specified in the Act-after deduction of the contribution to health insurance and advances and other claims for personal income tax-shall be deducted, taking into account art. 141, the following claims:

1) benefits paid in advance amount, and then the amount of the benefit or benefits to be settled in the mode specified in Art. 98 (1) 3;

2) the amounts unduly paid pensions, annuities and other benefits under the title:

(a) pensions and social security insurance for the period prior to the date of entry into force of the Act,

(b) the social security insurance referred to in the Act on the social security scheme, together with interest on arrears in payment,

(c) supplies as specified in separate provisions;

3) the sums enforced under the implementing titles to satisfy maintenance duties;

4) the maintenance receivables deducted at the request of the creditor on the basis of the enforceable title submitted by him;

5) sums enforced under the titles of executive titles to cover claims other than maintenance;

(6) the amount of the unpaid family or nursing allowances, family benefits and allowances for the carers in the event of a lack of possibility of deduction from the family allowances paid, nursing care, family benefits and allowances for the guardians, including interest for late payment, as well as the amount of the nursing allowance paid for the period for which the nursing allowance was granted;

6a) the amount unduly charged to the injured veteran;

(7) the amount of the amounts unduly paid out of the maintenance fund;

(8) allowances paid in respect of social assistance if they are paid off, and the permanent or temporary allowance paid under the provisions on social assistance for the period for which the pension has been granted;

(9) allowances and benefits paid on the basis of the provisions on employment and counteracting unemployment for the period for which the right to a pension or pension has been granted;

10) in respect of the payment for the stay of persons entitled to benefits in the homes of social assistance, care and care facilities or nursing care facilities-at the request of the directors of these premises.

2. The deduction of the contribution to health insurance may not exceed the advance payment and other claims on personal income tax.

3. Deductions of the claims referred to in the paragraph. 1 shall be carried out in the order given in this provision.

4. When making the deductions referred to in paragraph. In accordance with Article 1 (1) (4), the first-ranking alimony for the period specified in the implementing title, provided that the creditor has a declaration that the debtor has not otherwise been paid, shall be in the first place.

Article 140. [ Making Deductions] 1. Deductions referred to in Article 139, may be made, subject to art. 141, within the following limits:

1. the maintenance benefits referred to in Article 139 (1) 1 point 3-up to 60% of the benefit;

2. enforced receivables related to:

(a) the payment of the stay in the homes of social assistance,

(b) the payment to be paid for the stay in the care and treatment facilities,

(c) the payment for the stay in the care and care facilities, up to 50% of the benefit;

3) other claims enforced-up to 25% of the benefit.

2. If the sums referred to in art are referred to in Article 2. 139 (1) 1 point 3, are to be deducted in favour of several creditors, and the total amount that can be deducted is not sufficient to cover the full amount of the claims to be recovered, the annuity is to transfer the withholding amounts after the authority has been resolved. enforcement. Pending this settlement, those amounts shall remain in the deposit of the Facility.

2a. The provisions of the paragraph. 2 shall apply mutatis mutandis in the event of deduction of the sums referred to in Article 3. 139 (1) 1 point 5.

3. Paragraph Recipe 2 shall apply mutatis mutandis in the event of the confluence of the sums referred to in Article 4. 139 (1) 1 point 3, with the deduction of maintenance duties referred to in Article 3 (1) of the Regulation. 139 (1) 1 point 4.

4. Deductions, subject to Art. 141, shall not exceed:

1) 50% of the monthly benefit-if the deductions are subject to the claims referred to in art. 139 (1) 1 (1) and (2) and points 6 to 9;

2) 60% of the monthly benefit-if the deductions are subject to maintenance duties referred to in art. 139 (1) 1 point 4;

3) 65% of the monthly benefit-if the deductions are subject to the claims referred to in art. 139 (1) 1 point 10.

5. If the maintenance duties referred to in Article 139 (1) 1 point 4, are to be deducted in favour of several creditors, and the total amount which may be deducted is not sufficient for the full coverage of these claims, the deduction shall be determined in proportion to the share of each of these claims in the total amount of the total amount of the debt. claims set out in the executive titles for current receivables.

6. In the case of a conflue:

1) the deductions of the amounts of enforcement referred to in art. 139 (1) In points 3 and 5, the deductions shall not exceed:

(a) 60% of the benefit, if they are subject to a deduction of maintenance,

(b) 50% of the benefit, if any other than maintenance is subject to deduction, subject to point (c),

(c) 25% of the benefit if they are subject to a deduction only of the enforcement claims referred to in Article 3. 140 par. 1 point 3;

2) the deductions of the amounts of the enforcement referred to in art. 139 (1) 1 points 3 and 5, with deductions of other claims referred to in Article 139 (1) Points 1, 2, 4 and 6 to 9 shall apply in accordance with the provisions of point 1 (c). a and b;

3. the deductions referred to in paragraph 1. 4 points 1 and 2-the provisions of point 1 (1) shall apply mutatis mutandis. a and b.

6a. In the event of the confluent of the deductions referred to in art. 139 (1) 1 point 10, with the deductions referred to in Article 139 (1) 1 points 1 to 9, the deductions shall not exceed 70% of the total benefit.

7. The amount of the part of the benefit to be executed, referred to in paragraph 1. 1, and the amount of the deductions referred to in paragraph 1. 4, as well as the amount of the deductions covered by the deductions referred to in paragraph 4. 6 and 6a, and the settled judgment, the court settlement or notarial act, the percentage of the deductions from the maintenance allowance without indicating the method of calculation, shall be determined by the amount of the benefit before the monthly deduction. advances on income tax on natural persons and contributions to health insurance.

8. The provisions of the paragraph. 1-7 shall apply mutatis mutandis in the making of deductions from the survivor's pension to which more than one person is entitled, the limits of the deductions being determined in proportion to the part of the pension subject to those deductions.

Article 141. [ Amounts free of deductions and executions] 1. Pensions and pensions shall be free from executions and deductions, subject to the paragraph. 2, in the corresponding part:

(1) 50% of the amount of the lowest pension or pension, depending on the type of pension collected by the pensioner (pensioner), at deduction of:

(a) the claims referred to in Article 139 (1) 1 point 3, together with the costs and the enforcement fees,

(b) the claims referred to in Article 139 (1) 1 point 4,

(c) the claims referred to in Article 139 (1) 1 point 5, together with the costs and the enforcement fees;

(2) 60% of the amount of the lowest pension or pension, when deducting the amounts due referred to in Article 3 (2) of the basic Regulation. 139 (1) 1 points 1 and 2 and 6 to 9;

(3) 20% of the lowest pension or pension, when deducting the claims referred to in Article 3. 139 (1) 1 point 10.

2. The amounts of pensions and pensions granted in respect of periods of insurance abroad, free from deductions and executions, shall be determined in proportion to the benefits paid.

3. The amounts free from deductions and executions shall be determined for pensions and pensions, together with all increases, increases, allowances and other benefits paid in conjunction with the pension under separate provisions, excluding benefits family and the supplement for the orphans complete, the grooming allowance and the supplement of the injured person.

4. In the event of a confluence of the entitlement to two or more cash benefits the amount free of execution and deductions shall be determined from one-higher benefit.

Article 142. [ Application of the provisions of the Code of Civil Procedure or the provisions on enforcement proceedings in the administration] In the area of unregulated in art. 139-141 The provisions of the Code of Civil Procedure or the provisions on enforcement proceedings in the administration are applicable to the execution of cash benefits.

Article 143. [ Deduction of compensation amount] In the event of granting or increasing the benefit for the period of the reverse, the pension authority shall have the right to deduct the claims referred to in Article 4. 139 (1) In accordance with Article 1 (1), (1) and (2), (4) and (6) to (10), the amount of the compensation payable by the month preceding the month in which the decision fixing the entitlement to benefits or the decision fixing the right to benefits in increased amounts was issued

Article 143a. [ Reimbursement of claims] In the case of deductions of claims for payment for the stay of persons entitled to benefits in establishments referred to in art. 139 (1) In accordance with Article 18 (1) (a) of the Regulation, the Commission shall, in accordance with the procedure laid down in Article 3 (1) (a), be subject to the provisions of Article 4 (1) of the Regulation Article Recipe 134 (1) 1 point 3 shall apply mutatis mutandis.

Article 144. [ Collection of benefits from non-authorised persons] 1. From persons not entitled to the collection of benefits specified in the Act of the amount of the unduly collected benefits referred to in art. 138 para. 2 and 3, shall be subject to enforcement of enforcement proceedings in the administration, on the basis of the final decision of the annuity authority.

2. Paragraph Recipe 1 shall apply mutatis mutandis to persons to whom a benefit is paid reduced by the attainment of the revenue referred to in Article 3. 104 (1) If the benefits referred to in paragraph 1 are not deducted, the benefits referred to in paragraph 1 shall not be deducted from the benefits. 1, in accordance with the rules laid down in the Act.

SECTION X

Amending, transitional and final provisions

Chapter 1

Amendments to the provisions in force

Article 145. (bypassed)

Article 146. (bypassed)

Article 147. (bypassed)

Article 148. (bypassed)

Article 149. (bypassed)

Article 150. (bypassed)

Article 151. (bypassed)

Article 152. (bypassed)

Article 153. (bypassed)

Article 154. (bypassed)

Article 155. (bypassed)

Article 156. (bypassed)

Article 157. (bypassed)

Article 158. (bypassed)

Article 159. (bypassed)

Article 160. (bypassed)

Article 161. (bypassed)

Article 162. (bypassed)

Article 163. (bypassed)

Article 164. (bypassed)

Article 165. (bypassed)

Article 166. (bypassed)

Article 167. (bypassed)

Article 168. (bypassed)

Article 169. (bypassed)

Article 170. (bypassed)

Article 171. (bypassed)

Article 172. (bypassed)

Chapter 2

Transitional provisions

Article 173. [ Transitional provisions] 1. For insured persons born after 31 December 1948, who, before the date of entry into force of the Act, have paid social security contributions or for whom contributions have been paid by the payer, the initial capital shall be established.

1a. The initial capital shall also be established for the services exempted: the professional soldiers and the police officers, the state security office, the internal security agency, the intelligence agency, the military counterintelligence service, the military intelligence service, Central Anti-Corruption Bureau, Border Guard, Government Security Bureau, State Fire Service and Prison Service, born after 31 December 1948, if before 1 January 1999. they have remained in service and do not have a fixed right to the benefits laid down in the provisions on the pension provision of these persons.

1b. The provision of the paragraph. 1a shall also apply to the officers referred to in paragraph 1. 1a, who, after discharging from the service, acquired the right to a police pension provision and then lost that right in connection with the conviction by a final judgment of the court for a deliberate offence or a tax offence intentional, prosecuted the public, committed in connection with the performance of a business activity and in order to achieve property or personal gain, or for the offence referred to in art. 258 of the penal code or against which the criminal act of deprivation of public rights of a criminal offence or a tax offence was ordered to be committed prior to the release of the service.

2. The initial capital shall be the equivalent of an amount calculated according to the rules laid down in art. 174 multiplied by the average continued life-duration determined in accordance with Article 174. 26 par. 3 for persons at the age of 62.

3. The value of initial capital shall be set at the date of entry into force of the Act.

(4) The first valorisation of initial capital shall be made from 1 June 2000. by multiplying that capital an increase in the average wage of 1999, less calculated and deducted from the insured person's pension insurance contributions, in relation to the average wage for 1998.

(5) The second valorisation carried out from 1 June 2001. shall be made in accordance with the rules laid down in Article 25 par. 3-5, 9 and 10 and in art. 25a.

(5a) The third valorization carried out from 1 June 2002. and subsequent shall be made on the basis of the rules laid down in Article 25 par. 3-8 and 10 and in art. 25a.

6. The initial capital shall be recorded in the account of the insured person.

6a. As a result of the valorisation, the initial capital may not be reduced.

Article 174. [ Initial Capital] 1. The initial capital shall be determined on the basis of the rules laid down in the Article. 53, taking into account the mouth. 2-12.

2. When establishing initial capital, shall be accepted before the entry into force of the Act:

1. the constituent periods referred to in Article 6;

2) non-contributory periods referred to in art. 7 point 5;

3) non-contributory periods referred to in art. 7 points 1 to 3 and 6 to 12, in a dimension not greater than that specified in the Article. 5 par. 2.

2a. When determining the initial capital for the periods referred to in Article Article 7 (5) shall apply. 53 (1) 1 point 2.

3. The basis of the initial capital dimension shall be determined in accordance with the rules laid down in Article 3. 15, 16, 17 par. 1 and 3 and Art. 18, except that a period of 10 consecutive calendar years shall be determined from the period before 1 January 1999.

3a. Article Recipe 17 para. 1 shall apply mutatis mutandis where the basis for initial capital within the meaning of Article 4 cannot be established. 15 para. 1 for the insured person born before 31 December 1968. because of the higher education science referred to in art. 7 point 9.

3b. If the period indicated for determining the basis of the initial capital dimension includes the calendar year in which the insured stayed in social insurance under the provisions of Polish law only for part of the months of this year, to the calculation of the ratio of the sum of the amounts based on the contributions and the amounts referred to in Article 15 para. 3, during the period of this year to the average remuneration, shall be the sum of the amounts of the average monthly remuneration announced for that calendar year appropriate to the number of months remaining in the insurance.

4. For the calculation of initial capital for a person having a fixed right to a pension for incapacity to work, at the request of the pension, at the request of the pension, an indicator of the amount of the pension base in the decision fixing the right to a pension for the first time, or reestablishing its height. Where the pension has been granted before 15 November 1991, the calculation of the initial capital shall be taken to be the rate of base of the dimension determined by revalorisation, unless after that date its amount has been re-established.

(5) If, on account of the impossibility of determining the basis of the pension, the amount of the pension is fixed in the amount of the lowest pension, the minimum amount of the employees in force in the period adopted shall be taken to determine the basis for the initial capital to calculate the basis of the annuity dimension.

6. The provisions of the paragraph. 5 shall apply mutatis mutandis to the establishment of initial capital of persons recognised as repatriates.

7. The calculation of the initial capital shall be the base amount of 100% of the average monthly remuneration in the second quarter of the calendar 1998.

(8) When calculating the initial capital, a proportion of the basic amount of 24% of that amount shall be multiplied by a coefficient proportional to the age of the insured person and the period of contributory and non-contributory attained by 31 December 1998. This coefficient shall be calculated according to the following formula:

where:

'p' means a coefficient;

the age of the insured person-means the age on 31 December 1998;

retirement age-means 60-for women and 65 for men;

insurance internship-means a proven contributory and non-contributory period;

required internship means 20-for women and 25 for men;

subject to paragraph. 12.

9. The insurer referred to in paragraph 8, is determined in full years, with the fact that if the insured person has more than 6 months of this internship over the years, the internship will be rounded up.

9a. The insurance claim and the required internships referred to in paragraph. 8, it shall be defined in days if it is more favourable to the insured person.

10. Age of the insured person referred to in paragraph 8, it shall be determined in full years, including if it is on 31 December 1998. the insured person has more than six months more than the age fixed, it shall be assumed to be full years after rounding up.

11. Where, at the time of the insurance coverage for the first time, the insured person has not completed 18 years of age, the formula referred to in paragraph 1 shall be completed in accordance with the provisions of the Act. 8, the number 18 is replaced by the actual age in which the insurance obligation arose.

12. The coefficient referred to in paragraph 1. 8:

1. rounding up to the hundredths of a percentage;

2) may not be higher than 100%.

13. The value of the coefficient, calculated on the basis of the mouth. 8, depending on the sex, the age of the insured person and the insurance period on 31 December 1998, is presented in the table annexed to the Act.

Article 175. [ Determination of initial capital] 1. The security and payment of contributions shall be required to transfer to the Company, within a period of time and by the procedure laid down by the annuity, a documentation enabling the establishment of initial capital not later than 31 December 2006. The provisions of Article 4 115 (1) 1-3, art. 116 (1) 5, art. 117, 121, 122 (1) 1, art. 123, 124 and 125 shall apply mutatis mutandis.

1a. Payment payers are required to complete a documentation enabling the establishment of initial capital for the insured persons, for which they report monthly monthly reports and then transfer this documentation at the request of the authority. annuity and within the time limit set by that authority.

2. For persons who do not remain in insurance, initial capital shall be set at their documented request.

3. The determination of initial capital shall take place in the form of an annuity decision. The pension authority shall issue a decision on the initial capital by 31 December 2006. From the decision of the annuity, the person concerned shall be entitled to the appeals referred to in the separate provisions.

4. Refixing the amount of initial capital shall take place in the circumstances specified in the art. 114.

5. The Minister responsible for social security shall determine, by means of a regulation, the detailed rules for cooperation between the Bookmarks and the payers of contributions in the setting of initial capital.

Article 176. [ Retirement basis for the pension and pensions in 1999] The legal basis for the pension and pensions in 1999. shall be determined in the manner laid down in Article 15 para. 4 and 5, the average basis of the social contribution rate for the following 10 calendar years, selected by the person concerned from the last 19 calendar years, immediately preceding the year in which the application for retirement is claimed or an annuity, or an application for redetermination of the amount of such benefits.

Article 177. [ Base amount on the date of entry into force of the Act] On the date of entry into force of the Act, the base amount shall be 100% of the average monthly salary in the second calendar quarter 1998. and amounts to 1220.89 zł.

Article 178. [ Calculation of revenue for the period from 1 January 1999 31 May 1999] During the period from 1 January 1999 by 31 May 1999. to the revenue referred to in Article 104 (1) 8, not included in the pension insurance premium paid by the insured person.

Article 179. [ Remuneration of pensions granted from emoluments] Since 1 January 1999 pensions granted from the salaries reached before that date on the basis of the provisions on the retirement provision of the persons referred to in Article 1 paragraph 2 , they are subject to an additional valorisation rate of 104,3%.

Article 180. [ Reestablishment of the amount of benefit] 1. Persons who, on the date of entry into force of the Act, are entitled to old-age pension, invalidity pension and family pension on the basis of:

1) the provisions referred to in art. 195,

2. Article 19a of the Act of 24 May 1990. to amend certain provisions on the provision of pension provision (Dz. U. Entry 206, 390 and 540),

3) of the Act of 14 December 1990. o the revalorisation of pensions for persons who have completed 80 years and the amendment of certain provisions on the provision of pension provision (Dz. U. Entry 540)

-retain the right to such benefits in the amount established prior to the date of entry into force of the Act, subject to the paragraph. 2-5 and taking into account the mouth. 6-9.

2. The amount of benefits for the persons mentioned in the paragraph. 1 (1) and (3) which submit an application for an increase referred to in Article 1 56, shall be calculated by counting that increase to the amount of the benefit. The amount of the pension, together with these increases, may not exceed 100% of the base of the dimension. The provisions of Article 4 73 (1) 3 and 4 shall apply mutatis mutandis.

3. If the person referred to in paragraph 2, shall be entitled to a pension or pension in the amount of the lowest benefit, the increase referred to in Article 4 (2). 56, you shall count against the increase in the benefit to the lowest amount.

4. To establish the amount and the payment of the survivors ' pensions at the date of entry into force of the Act provisions of art. 74 and 131 shall apply mutatis mutandis.

5. The benefits referred to in paragraph. 1 and 2, shall be paid out of the Fund, except that the costs of such benefits, in part corresponding to the part of the contribution of the pension or of the agricultural pension, shall be increased as a result of the payment of the social security contributions of the farmers for the entire proven period of service. the holding of agricultural holdings, including any earlier than 25 years prior to the fixing of the right to a pension or an increase to the amount of the lowest pension or pension, shall be subject to a corresponding refund from the pension fund referred to in Article 4 (1) of the rules on social insurance for farmers.

6. Pensions and pensions referred to in paragraph. 1, shall be subject to valorisation under the rules laid down in the Act.

7. In the event of a request for refixing the amount of the benefit:

1) by an allowance not already included in the provision of contributory or non-contributory periods, an Article shall apply. 112 and 113;

2) by changing the period from which the basis of the contribution dimension is taken as the basis for the dimension of the benefit, the Article shall apply mutatis mutandis. 110 or Art. 111.

8. To determine the amount of benefits for the persons mentioned in the mouth. The provisions of Article 1 (1), which apply for the application of the conversion to periods of mining work, shall be applied mutatis mutandis. 51 or 52.

9. In the event of a pension being granted to a person who previously had a fixed right to a pension for incapacity to work, all the periods included in the decision to grant the invalidity pension or to reestablish it shall be taken into account. amounts.

Article 181. [ Mining survivor's pension] The right to a mining family pension as established on the basis of the provisions of the Act referred to in art. Paragraph 6, retains the widow who resigned the marriage before the date of entry into force of this Act, if:

1) raise at least one of the children, grandchildren or siblings entitled to the survivor's pension after the deceased husband;

2) after the date of entry into force of this Act reaches the age of 50 years of age or will become incapable of working if it does not raise at least one of the children, grandchildren or siblings entitled to a survivor's pension after the deceased husband.

Article 182. [ Reporting of applications for pension in the pension] Insured persons born after 31 December 1948, to which the Article does not apply. 46-47, 50, 50a and 50e, they report their pension applications directly in the annuity.

Article 183. [ The amount of retirement pension for persons born after 31 December 1948] 1. Emeritura granted at the request of the insured person born after 31 December 1948, with the exception of the insured persons who have retired under the provisions of art. 46 or 50, if the person was not a member of an open pension fund or applied for the transfer of funds collected in an open pension fund account, through the Bookmark, on the revenue of the state budget which reached the age of the entitlement to a pension for the calendar year 2009 shall be:

1) 80% of the pension calculated on the basis of art. 53 and

2) 20% of the pension calculated on the basis of art. 26.

2. Emeritura granted at the request of the insured person referred to in the paragraph. 1, which has reached the age of entitlement to a retirement pension in calendar year 2010, shall be:

1) 70% of the pension calculated on the basis of art. 53 and

2) 30% of the pension calculated on the basis of art. 26.

3. Emeritura granted at the request of the insured person referred to in paragraph. 1, which has reached the age of entitlement to a retirement pension in calendar year 2011, shall be:

1) 55% of the pension calculated on the basis of art. 53 and

2) 45% of the pension calculated on the basis of art. 26.

4. Emeritura granted at the request of the insured person referred to in paragraph. 1, which has reached the age of entitlement to a retirement pension in calendar year 2012, shall be:

1) 35% of old-age pension calculated on the basis of art. 53 and

2) 65% of the pension calculated on the basis of art. 26.

5. Emeritura granted at the request of the insured person referred to in the paragraph. 1, which has reached the age of entitlement to a pension in calendar year 2013 or 2014, shall be:

1) 20% of the pension calculated on the basis of art. 53 and

2) 80% of the pension calculated on the basis of art. 26.

6. To re-establish the amount of the pension referred to in paragraph. In the case of pension insurance, the amount of the pension must be paid in accordance with Article 18 (1) (a) of the basic Regulation. 108.

Article 183a. [ Exemption of application of the law] Art. 183 does not apply to pensions granted to insured persons who have acquired pension rights on the basis of art. 50a or 50e.

Article 184. [ Retirement for persons employed in specific conditions or in a specific capacity] 1. Safed born after 31 December 1948 is entitled to a pension after the age provided for in the article. 32, 33, 39 and 40, if, on the date of entry into force of the Act, they reached:

1) the period of employment in specific conditions or in the specific nature required by the provisions existing for the acquisition of the right to a pension of less than 60 years-for women and 65 years-for men and

2) the contributory and non-contributory period referred to in art. 27.

2. Emerytura, referred to in paragraph 1, shall be entitled under the condition of non-accession to an open pension fund or the submission of an application for transfer of funds collected in an open pension fund account, through the Bookmark, to the revenue of the state budget.

3. When determining the basis for calculating the pension of the insured, who applied for the transfer of funds collected in the open pension fund to the income of the state budget, contributions to the pension insurance, evidenced on his The establishment in the plant shall be increased by multiplying the weighting of 19.52/12, 22, which shall be the ratio of the full amount of the pension insurance premium to the amount recorded on the account insured in the establishment.

Article 185. [ Setting of initial capital for early retirement] 1. In determining the amount of the pension for the persons acquiring the right to a retirement pension of the age specified in Art. The initial capital shall be calculated by adding to the constituent periods the period equal to the difference between the retirement age referred to in Article 3 (1) (a) (a) (a) 24, and the actual age of retirement. The provisions of Article 1 shall apply to the conversion of initial capital. 173 (1) 3-6.

2. The constituent periods referred to in paragraph 2. 1, shall be fixed to the nearest month.

Art. 185a. [ Deduction of initial capital] 1. In determining the amount of the pension for the persons acquiring the right to a retirement pension of the age specified in Art. 24 ust. 1a and 1b and in art. The initial capital shall be calculated by adding to the non-contributory periods the periods referred to in Article 184. In accordance with the provisions of Article 7 (7), paragraph 9, which were in force before 1 January 1999, in a period not exceeding 1/3 of the component periods, which shall be proved by the date of application for The provisions of Article 1 shall apply to the conversion of initial capital. 173 (1) 3-6.

2. The non-contributory periods referred to in paragraph. 1, shall be fixed to the nearest month.

Article 186. [ Application of provisions of the Act] 1. The disappearance on the basis of the bill is subject to conclusions:

1) persons who did not comply with the conditions required to obtain the right to a pension under the provisions of the existing law, if those persons are equivalent to the conditions for obtaining benefits under the Act;

2) persons who have submitted new evidence affecting the right to benefits or their height.

2. The provisions of the Act shall apply to applications for benefits reported:

1) starting from the date of entry into force of the Act;

2) before the entry into force of the Act, if only one of the conditions for obtaining the right to benefit has been fulfilled, starting from that date.

3. [ 10] Applications for persons born before 1 January 1949 who, until the date of entry into force of the Act, did not notify the application for retirement, although they fulfilled the conditions for the acquisition of the right to this benefit-the provisions of the laws and decrees mentioned in art are applicable. 195 concerning the conditions for the acquisition of the right to a pension, unless the provisions of the Act are more favourable to those persons.

4. The right to a pension as referred to in art. 28 para. 3 of the Act referred to in art. 166, in the version applicable until the date of entry into force of this Act, shall be retained by a Member or a senator who until 31 December 1997. has fulfilled the conditions required for its award.

Article 187. [ Judgments in cases of incapacity for work] Decisions on incapacity for the work of persons with a fixed right to an annuity under the provisions in force on 31 August 1997, in cases where those persons have the designated audit of the degree of their incapacity for work, shall be under the provisions of Article 12-14.

Article 188. [ Deductions for overdue contributions] Deductions for overdue social security contributions of the insured person who is at the same time a contributor of contributions, for the period prior to the acquisition of the right to a pension to be levied, invalidity pension or survivor's pension after that the insured person, established prior to the date of entry into force of the Act, shall be effected under the conditions laid down in the Act for the benefits paid in advance.

Article 189. [ Countdown of benefits passed abroad] Until the introduction of the external interchangeability of the gold, the benefits transferred abroad, on the basis of international agreements, shall be converted from zloty into foreign currency (convertible) at the rate of the currency in force at the date of the making a conversion by an annuity.

Article 190. [ Retired or pensioner holding a custodial sentence] 1. The members of the family of a pensioner, serving a custodial sentence pursuant to a decision of the court to which the pensioners have been paid or renown the benefit in whole or in part, shall be recognized as from the date of entry into force of the bill for the persons referred to in Article 130 (1) 3 (2), without having to indicate them by a person entitled to benefits.

2. This person shall be paid the benefits determined by the Act, after prior instruction on the circumstances referred to in art. 138 para. 2 point 1.

3. In the event of a decision of the acquittal or the deceased, the proceedings of the pensioner shall be paid, for the entire period of imprisonment falling before the date of entry into force of the Act, the part of the benefit, the payment of which was withheld on Article 1 85 (1) 1 or 4 of the Act mentioned in art. 195 point 5.

Article 191. [ Reestablishment of the amount of benefit] 1. Reestablishment of the amount of the benefit, taking into account the new constituent periods referred to in art. 6 para. Article 2 (8) shall be applied at the request of the person concerned, except that the benefits in the increased amount shall be paid from the month in which the application was made, and not earlier than the date of entry into force of the law.

2. To pensions subject to suspension or reduction in connection with the attainment of income in 1998. shall apply instead of the provisions of Article 4. 103-106, the provisions of art. 24 and 25 of the Act referred to in art. 195 point 9.

3. The provisions of art shall apply to deductions and executions from the cash benefits specified in the Act, made on the basis of provisions to date, as from the date of entry into force of the Act. 139-141, 143 and 144.

Article 192. [ Provisions on the provision of pension provision for workers and their families] When the provisions refer to the provisions on the provision of pension provision for workers and their families and the revalorisation of pensions, the rules for the setting of pensions and the amendment of certain laws, this should be understood by reference to the provisions of the Pensions and pensions from the Social Insurance Fund.

Article 193. [ Payment of allowances] 1. The sickness force to which the law referred to in the provisions referred to in art. 147, 149, 154, art. Points (2) and (3) of 195 have been made before the entry into force of the Act, and shall be paid in the amount and under the rules laid down in the legislation to date for the entire period of uninterrupted incapacity for work due to illness.

2. Paragraph Recipe 1 shall apply to the compensatory allowance, maternity, care and rehabilitation benefits.

3. The amount of the rehabilitation benefit granted after the end of the collection of the sickness benefit fixed in accordance with the previous provisions shall be determined taking into account the basis of the sickness benefit assessment as established in accordance with the existing rules.

Article 194. [ Implementing rules] Pending the adoption of the implementing rules provided for in the Act, the implementing rules issued on the basis of the laws and decrees listed in Article shall remain in force. 195, if they are not contrary to the provisions of this Act.

Art. 194a. [ Pensions and pensions] 1. Pensions and pensions entitled under the Act, which have been calculated from the amount of the basic amount representing less than 100% of the average remuneration, are subject to conversion.

2. The calculation of the retirement pension and the invalidity pension shall consist of a recalculation of the benefit from the base amount referred to in paragraph 2. 4 and 5.

3. The conversion of the survivor's pension consists in the recalculation of the survivor's pension as the appropriate percentage of the benefit which would have been granted to the deceased, converted in accordance with the paragraph. 2.

4. For the benefits of pensioners born before 1 January 1930. the base amount shall be increased to:

(1) 96,5% of the average salary accepted to determine the amount of the benefit on the date of its grant-from 1 March 2005;

(2) 100% of the average remuneration accepted to determine the amount of the benefit on the date of its award-from 1 March 2006.

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.

6. The calculated pension and the pension shall be subject to an increase in the valorisation rate until the date on which the right to benefit in the converted amount is entitled, and if the payment has been withheld-taking into account the valorisation of the persons in question. period until the day of its resumption.

7. Pensions and pensions shall be converted from the office and, if the payment of the benefit is withheld, after the reopening.

Art. 194b. [ Disposable disbursement] 1. Persons taking benefits determined in an amount not higher than the amount of the lowest pension or annuity shall have a one-off payment in the amount of:

1) 100 PLN-for persons receiving a pension, an annuity for the total incapacity for work or a family pension;

2) 75 zł-for persons collecting the disability pension for partial incapacity for work.

2. The implementation of the payment shall take place in March 2005. and March 2006.

3. The one-time payment shall not be granted in the calendar year in which the pension and pensions are valorised.

4. The one-time payment is financed by the state budget.

Art. 194c. [ Application for reestablishment of the pension] If, during the period from 1 January 2009, by 30 September 2011 the pensioner has been retiring, to which the law has been suspended from 1 October 2011. based on art. 103a, may submit a request for the reestablishment of the amount of the pension under the rules laid down in the Article. 194d-194h, unless he has downloaded a pension as a result of this suspension for at least 18 months.

Art. 194d. [ Principles of determining pension amount] If the pension is requested to be re-established, a pensioner shall be entitled to a pension calculated in accordance with Article 4. (b) the amount of the pension shall be calculated in accordance with that provision.

Art. 194e. [ Calculation Basis for retirement] 1. Emeryt, who has been granted a pension under art. 24 ust. 1 and its height was calculated in accordance with art. 26, may submit an application for a reestablishment of the amount of the pension under the conditions specified in the paragraph. 2-5.

2. The amount of the pension shall be calculated according to the rules laid down in Article 26.

3. The basis for the calculation of the pension shall be the amount of the pension insurance contributions, taking into account the valorisation of the contributions collected on the account of the insured person up to the end of the month preceding the month of filing of the application for redetermination of the amount the pension and the unpaid initial capital after deduction of the amount constituting the product of the amount of the pension to be levied, fixed at the date of its first grant in the amount prior to the deduction of the advance payment on personal income tax and contributions to health insurance and the number of months of collection pensions.

4. To determine the amount of the pension shall be the age of the insured person on the day of the application for the reestablishment of the pension.

5. If a request for reestablishment of the pension amount has been submitted by a member of the open pension fund, the provision of art. 108 (1) 2a shall apply mutatis mutandis.

Art. 194f. [ Rearrangement of the amount of the pension of the insured person born after 31 December 1948] If a pension is requested to be re-established, a pensioner who has been granted a pension under Article shall be entitled to a pension. 24 ust. 1 and its height was calculated in accordance with art. 183 (1) The amount of the pension shall be refixed in accordance with Article 1 or 2. 183 (1) 1 or 2-with the fact that the basis for calculating the pension in the part determined in accordance with art. 26, taking into account the principles set out in the Article. 194e ust. 3, shall be reduced in proportion to the part of the pension calculated in accordance with art. 183 (1) 1 point 2 or paragraph. 2 point 2.

Art. 194g. [ Application of the provision of art. 194e laws] The provisions of Article 4 194e shall apply to pensions calculated in accordance with art. 55.

Art. 194h. [ Deadline for the application] 1. Redetermination of the amount of the pension shall be made on the application notified not earlier than after the termination of the pension and disability insurance.

2. If, as a result of the reestablishment of the pension, the pension is lower, the benefit shall be granted in the previous amount

3. Determination of the amount of the pension in accordance with Art. 194c-194g can only occur once.

Chapter 3

Final provisions and repealing

Article 195. [ Repealed provisions] They are hereby repealed:

1. 2 point 1 (c) a and e, art. 3, art. 4 par. 1 point 3 and paragraph. 6, art. 6 point 1, art. 7 ust. 1, para. 2 points 3 and 3 3, art. 9, art. 10, art. 11, art. 12, art. 13, art. 17, art. 18, art. 19 (1) and (1) 20 of the Act of 27 September 1973. o Supply pension to creators and their families (Dz. U. 1983 r. items 145, z Late. zm.);

2. Article 6 para. 1 points 4 and 7, paragraph 1 2 point 3, art. 15 -18, art. 24, art. 33 (1) 1-3 and art. 41 of the Act of 19 December 1975. about the social insurance of persons performing work on the basis of a agency contract or contract of contract (Dz. U. of 1995 items 333 and 617, of 1996 items 461, of 1997. items 153 and 1998 items 887);

3. Article 1, 2, 3 points 3, 5 and 9, paragraph. 2 points 3 and 3 3, art. 13-16, art. 18-20, art. 22, art. 25, art. 26, art. 28 decree of 4 March 1976 about the social insurance of members of agricultural production cooperatives and cooperatives of agricultural machinery rings and their families (Dz. U. 1983 r. items 135, of 1989. items 190, of 1990 items 206, 1995 items 17, of 1996. items 461 and 1997. items 153);

4. Article 5 points 4 and 7, art. 9, art. 11 (1) 1 point 3 and paragraph. 2, art. 12, art. 15 para. 2 and 3, art. 16, art. 17, art. 21, art. 29, art. 31 of the Act of 18 December 1976. about social insurance of persons carrying out economic activities and their families (Dz. U. 1989 r. items 250, of late. zm.);

5) the Act of 14 December 1982. o the pension provision of workers and their families (Dz. U. Entry 267, of late. zm.);

6) Act of 1 February 1983. o the pension supply of miners and their families (Dz. U. of 1995 items 154, of 1997. items 153 and 1998 items 473);

7) the Act of 28 April 1983. o the pension provision of railway workers and their families (Dz. U. Entry 99, of 1985. items 85, of 1990 items 206, of 1997 items 272 and 1998 items 431);

8) art. 7 ust. 1 points 4 and 7, paragraph 1 2 point 3, art. 11, art. 12 point 3, art. 17, 21, 22, 24, 25, 33, 34, 36 and 37 of the Act of 17 May 1989. o Social Insurance of Clergy (Dz. U. Entry 156, of late. zm.);

9) Act of 7 October 1991. to revalorisation of pensions, the rules for the setting of pensions and the amendment of certain laws (Dz. U. Entry 450, of late. zm.);

10) art. 2-4 of the Act of 30 June 1994. amending the Act on the provision of pension provision of miners and their families and on the change of some other laws (Dz. U. Entry 385 and of 1997. items 164);

11) Act of 25 October 1996. on the valorization of pensions and the amendment of certain laws (Dz. U. Entry 636).

Article 196. [ Entry into force] The Act shall enter into force on 1 January 1999, except that Article 3 (1) (a) of the EC 182 shall enter into force on 1 January 2004.

---

Annex 1. [ COEFFICIENT VALUE]

Annex to the Act of 17 December 1998.

COEFFICIENT VALUE

Male				To get the full base amount			internship	Age
Part of a social element of 24% of the basic amount assigned in the initial capital:							25	65
Internship	1	2	3	4	5	6	7	8	9	10	11	12
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	2.92%	4.13%	5.05%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	4.13%	5.83%	7.15%	8.25%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	5.05%	7.15%	8.75%	10.11%	11.30%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	5.83%	8.25%	10.11%	11.67%	13.05%	14.29%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	6.52%	9.23%	11.30%	13.05%	14.59%	15.98%	17.26%	0.00%	0.00%	0.00%	0.00%	0.00%
24	7.15%	10.11%	12.38%	14.29%	15.98%	17.50%	18.91%	20.21%	0.00%	0.00%	0.00%	0.00%
25	7.72%	10.92%	13.37%	15.44%	17.26%	18.91%	20.42%	21.83%	23.16%	0.00%	0.00%	0.00%
26	8.25%	11.67%	14.29%	16.50%	18.45%	20.21%	21.83%	23.34%	24.75%	26.09%	0.00%	0.00%
27	8.75%	12.38%	15.16%	17.50%	19.57%	21.44%	23.16%	24.75%	26.26%	27.68%	29.03%	0.00%
28	9.23%	13.05%	15.98%	18.45%	20.63%	22.60%	24.41%	26.09%	27.68%	29.17%	30.60%	31.96%
29	9.68%	13.68%	16.76%	19.35%	21.64%	23.70%	25.60%	27.37%	29.03%	30.60%	32.09%	33.52%
30	10.11%	14.29%	17.50%	20.21%	22.60%	24.75%	26.74%	28.58%	30.32%	31.96%	33.52%	35,01%
31	10.52%	14.88%	18.22%	21.04%	23.52%	25.76%	27.83%	29.75%	31.56%	33.26%	34.89%	36.44%
32	10.92%	15.44%	18.91%	21.83%	24.41%	26.74%	28.88%	30.87%	32.75%	34.52%	36.20%	37.81%
33	11.30%	15.98%	19.57%	22.60%	25.26%	27.68%	29.89%	31.96%	33.90%	35.73%	37.47%	39.14%
34	11.67%	16.50%	20.21%	23.34%	26.09%	28.58%	30.87%	33.01%	35,01%	36,90%	38.70%	40.42%
35	12.03%	17.01%	20.83%	24.06%	26.90%	29.46%	31.82%	34.02%	36.09%	38.04%	39.89%	41.67%
36	12.38%	17.50%	21.44%	24.75%	27.68%	30.32%	32.75%	35,01%	37.13%	39.14%	41,05%	42.88%
37	12.72%	17.98%	22.03%	25.43%	28.43%	31.15%	33.64%	35.97%	38.15%	40.21%	42.17%	44.05%
38	13.05%	18.45%	22.60%	26.09%	29.17%	31.96%	34.52%	36,90%	39.14%	41,26%	43.27%	45.19%
39	13.37%	18.91%	23.16%	26.74%	29.89%	32.75%	35.37%	37.81%	40.11%	42.28%	44.34%	46.31%
40	13.68%	19.35%	23.70%	27.37%	30.60%	33.52%	36.20%	38.70%	41,05%	43.27%	45.38%	47.40%
41	13.99%	19.79%	24.23%	27.98%	31.28%	34.27%	37.02%	39.57%	41,97%	44.24%	46.40%	48.47%
42	14.29%	20.21%	24.75%	28.58%	31.96%	35,01%	37.81%	40.42%	42.88%	45.19%	47.40%	49.51%
43	14.59%	20.63%	25.26%	29.17%	32.62%	35.73%	38,59%	41,26%	43.76%	46.13%	48.38%	50.53%
44	14.88%	21.04%	25.76%	29.75%	33.26%	36.44%	39.36%	42,07%	44.63%	47.04%	49.34%	51.53%
45	15.16%	21.44%	26.26%	30.32%	33.90%	37.13%	40.11%	42.88%	45.48%	47.94%	50.28%	52.51%
46	15.44%	21.83%	26.74%	30.87%	34.52%	37.81%	40.84%	43.66%	46.31%	48.82%	51,20%	53.47%
47	15.71%	22.22%	27.21%	31.42%	35,13%	38.48%	41.57%	44.43%	47.13%	49.68%	52,10%	54.42%
48	15.98%	22.60%	27.68%	31.96%	35.73%	39.14%	42.28%	45.19%	47.94%	50.53%	53.00%	55,35%
49	16.24%	22.97%	28.13%	32.49%	36.32%	39.79%	42.97%	45.94%	48.73%	51.36%	53.87%	56.27%
50	16.50%	23.34%	28.58%	33.01%	36,90%	40.42%	43.66%	46.68%	49.51%	52,19%	54.73%	57.17%

Male
Part of a social element of 24% of the basic amount assigned in the initial capital:
Internship	13	14	15	16	17	18	19	20	21	22	23	24
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
24	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
25	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
26	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
27	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
28	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
29	34.89%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
30	36.44%	37.81%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
31	37.92%	39.36%	40.74%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
32	39.36%	40.84%	42.28%	43.66%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
33	40.74%	42.28%	43.76%	45.19%	46.59%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
34	42,07%	43.66%	45.19%	46.68%	48.11%	49.51%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
35	43.37%	45.01%	46.59%	48.11%	49.59%	51,03%	52.43%	0.00%	0.00%	0.00%	0.00%	0.00%
36	44.63%	46.31%	47.94%	49.51%	51,03%	52.51%	53.95%	55,35%	0.00%	0.00%	0.00%	0.00%
37	45.85%	47.58%	49.25%	50.86%	52.43%	53.95%	55.43%	56.87%	58.27%	0.00%	0.00%	0.00%
38	47.04%	48.82%	50.53%	52,19%	53.79%	55,35%	56.87%	58.35%	59.79%	61.19%	0.00%	0.00%
39	48.20%	50.02%	51.78%	53.47%	55,12%	56.72%	58.27%	59.79%	61.26%	62.70%	64.11%	0.00%
40	49.34%	51,20%	53.00%	54.73%	56.42%	58.05%	59,64%	61.19%	62.70%	64.18%	65.62%	67.03%
41	50.44%	52.35%	54.19%	55.96%	57,69%	59.36%	60.98%	62.57%	64.11%	65.62%	67.10%	68.54%
42	51.53%	53.47%	55,35%	57.17%	58.93%	60.63%	62.30%	63.91%	65.49%	67.03%	68.54%	70.02%
43	52.59%	54.58%	56.49%	58.35%	60.14%	61.89%	63.58%	65.23%	66.84%	68.42%	69.95%	71.46%
44	53.63%	55,66%	57,61%	59.50%	61.33%	63.11%	64.84%	66.52%	68.17%	69.77%	71.34%	72.87%
45	54.66%	56.72%	58.71%	60.63%	62.50%	64.31%	66.08%	67.79%	69.47%	71,10%	72.70%	74.26%
46	55,66%	57,76%	59.79%	61.75%	63.65%	65.49%	67.29%	69.04%	70.74%	72.41%	74.03%	75.63%
47	56.64%	58.78%	60.85%	62.84%	64.77%	66.65%	68.48%	70.26%	71.99%	73.69%	75.34%	76.96%
48	57,61%	59.79%	61.89%	63.91%	65.88%	67.79%	69.65%	71.46%	73.22%	74.95%	76.63%	78.28%
49	58.56%	60.78%	62.91%	64.97%	66.97%	68.91%	70.80%	72.64%	74.43%	76.19%	77,90%	79.57%
50	59.50%	61.75%	63.91%	66.01%	68.04%	70.02%	71.93%	73.80%	75.63%	77.40%	79.14%	80.85%

Male
Part of a social element of 24% of the basic amount assigned in the initial capital:
Internship	25	26	27	28	29	30	31	32	33	34	35
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
24	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
25	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
26	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
27	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
28	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
29	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
30	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
31	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
32	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
33	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
34	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
35	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
36	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
37	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
38	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
39	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
40	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
41	69.95%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
42	71.46%	72.87%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
43	72.93%	74.38%	75.79%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
44	74.38%	75.85%	77.29%	78.71%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
45	75.79%	77.29%	78.77%	80.21%	81.63%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
46	77.18%	78.71%	80.21%	81.68%	83.13%	84.55%	0.00%	0.00%	0.00%	0.00%	0.00%
47	78.55%	80.11%	81.63%	83.13%	84.60%	86.05%	87.47%	0.00%	0.00%	0.00%	0.00%
48	79.89%	81.48%	83.03%	84.55%	86.05%	87.52%	88,97%	90.39%	0.00%	0.00%	0.00%
49	81.21%	82.82%	84.40%	85.95%	87.47%	88,97%	90.44%	91.88%	93.31%	0.00%	0.00%
50	82.51%	84.15%	85.75%	87.32%	88,87%	90.39%	91.88%	93.35%	94.80%	96.23%	0.00%

Women				To get the full base amount			internship	Age
Part of a social element of 24% of the basic amount assigned in the initial capital:							20	60
Internship	1	2	3	4	5	6	7	8	9	10	11	12	13	14
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	3.45%	4.88%	5.98%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	4.88%	6.90%	8.45%	9.76%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	5.98%	8.45%	10.35%	11.95%	13.36%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	6.90%	9.76%	11.95%	13.80%	15.43%	16.90%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	7.72%	10.91%	13.36%	15.43%	17.25%	18,90%	20.41%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
24	8.45%	11.95%	14.64%	16.90%	18,90%	20.70%	22.36%	23.90%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
25	9.13%	12.91%	15.81%	18.26%	20.41%	22.36%	24.15%	25.82%	27.39%	0.00%	0.00%	0.00%	0.00%	0.00%
26	9.76%	13.80%	16.90%	19.52%	21.82%	23.90%	25.82%	27.60%	29.28%	30.86%	0.00%	0.00%	0.00%	0.00%
27	10.35%	14.64%	17.93%	20.70%	23.15%	25.35%	27.39%	29.28%	31.05%	32.73%	34.33%	0.00%	0.00%	0.00%
28	10.91%	15.43%	18,90%	21.82%	24.40%	26.73%	28.87%	30.86%	32.73%	34.50%	36.19%	37.80%	0.00%	0.00%
29	11.44%	16.18%	19.82%	22.89%	25.59%	28.03%	30.28%	32.37%	34.33%	36.19%	37.95%	39.64%	41,26%	0.00%
30	11.95%	16.90%	20.70%	23.90%	26.73%	29.28%	31.62%	33.81%	35,86%	37.80%	39.64%	41,40%	43.09%	44.72%
31	12.44%	17.59%	21.55%	24.88%	27.82%	30.47%	32.91%	35,19%	37.32%	39.34%	41,26%	43.09%	44.85%	46.55%
32	12.91%	18.26%	22.36%	25.82%	28.87%	31.62%	34.16%	36.51%	38.73%	40.82%	42.82%	44.72%	46.55%	48.30%
33	13.36%	18,90%	23.15%	26.73%	29.88%	32.73%	35.36%	37.80%	40.09%	42.26%	44.32%	46.29%	48.18%	50.00%
34	13.80%	19.52%	23.90%	27.60%	30.86%	33.81%	36.51%	39.04%	41,40%	43.64%	45.77%	47.81%	49.76%	51,64%
35	14.23%	20.12%	24.64%	28.45%	31.81%	34.85%	37.64%	40.24%	42.68%	44.99%	47.18%	49.28%	51,29%	53.23%
36	14.64%	20.70%	25.35%	29.28%	32.73%	35,86%	38.73%	41,40%	43.92%	46.29%	48.55%	50.71%	52.78%	54.77%
37	15.04%	21.27%	26.05%	30.08%	33.63%	36.84%	39.79%	42.54%	45.12%	47.56%	49.88%	52,10%	54.23%	56.27%
38	15.43%	21.82%	26.73%	30.86%	34.50%	37.80%	40.82%	43.64%	46.29%	48.80%	51.18%	53.45%	55.63%	57.74%
39	15.81%	22.36%	27.39%	31.62%	35.36%	38.73%	41.83%	44.72%	47.43%	50.00%	52.44%	54.77%	57,01%	59.16%
40	16.18%	22.89%	28.03%	32.37%	36.19%	39.64%	42.82%	45.77%	48.55%	51.18%	53.67%	56.06%	58.35%	60.55%
41	16.55%	23.40%	28.66%	33.09%	37,00%	40.53%	43.78%	46.80%	49.64%	52.33%	54.88%	57.32%	59,66%	61.91%
42	16.90%	23.90%	29.28%	33.81%	37.80%	41,40%	44.72%	47.81%	50.71%	53.45%	56.06%	58.55%	60.94%	63.25%
43	17.25%	24.40%	29.88%	34.50%	38,58%	42.26%	45.64%	48.80%	51.75%	54.55%	57.22%	59.76%	62.20%	64.55%
44	17.59%	24.88%	30.47%	35,19%	39.34%	43.09%	46.55%	49.76%	52.78%	55.63%	58.35%	60.94%	63.43%	65.83%
45	17.93%	25.35%	31.05%	35,86%	40.09%	43.92%	47.43%	50.71%	53.79%	56.69%	59.46%	62.11%	64.64%	67.08%
46	18.26%	25.82%	31.62%	36.51%	40.82%	44.72%	48.30%	51,64%	54.77%	57.74%	60.55%	63.25%	65.83%	68.31%
47	18.58%	26.28%	32.18%	37.16%	41.55%	45.51%	49.16%	52.55%	55.74%	58.76%	61.62%	64.37%	66.99%	69.52%
48	18,90%	26.73%	32.73%	37.80%	42.26%	46.29%	50.00%	53.45%	56.69%	59.76%	62.68%	65.47%	68.14%	70.71%
49	19.21%	27.17%	33.27%	38,42%	42.96%	47.06%	50.83%	54.34%	57.63%	60.75%	63.71%	66.55%	69.26%	71.88%
50	19.52%	27.60%	33.81%	39.04%	43.64%	47.81%	51,64%	55.21%	58.55%	61.72%	64.73%	67.61%	70.37%	73.03%

Women
Part of a social element of 24% of the basic amount assigned in the initial capital:
Internship	15	16	17	18	19	20	21	22	23	24	25	26	27	28
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
24	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
25	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
26	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
27	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
28	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
29	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
30	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
31	48.18%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
32	50.00%	51,64%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
33	51.75%	53.45%	55.10%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
34	53.45%	55.21%	100%	58.55%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
35	55.10%	100%	58.66%	60.36%	62.01%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
36	56.69%	58.55%	60.36%	62.11%	63.81%	65.47%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
37	58.25%	60.16%	62.01%	63.81%	65.56%	67.26%	68.92%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
38	59.76%	61.72%	63.62%	65.47%	67.26%	69.01%	70.71%	72.37%	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
39	61.24%	63.25%	65.19%	67.08%	68.92%	70.71%	72.46%	74.16%	75.83%	0.00%	0.00%	0.00%	0.00%	0.00%
40	62.68%	64.73%	66.73%	68.66%	70.54%	72.37%	74.16%	75.91%	77,61%	79.28%	0.00%	0.00%	0.00%	0.00%
41	64.09%	66.19%	68.23%	70.20%	72.13%	74.00%	75.83%	77,61%	79.36%	81.06%	82.74%	0.00%	0.00%	0.00%
42	65.47%	67.61%	69,69%	71.71%	73.68%	75,59%	77.46%	79.28%	81.06%	82.81%	84.52%	86.19%	0.00%	0.00%
43	66.82%	69.01%	71.13%	73.19%	75,20%	77.15%	79.06%	80.92%	82.74%	84.52%	86.26%	87.97%	89.64%	0.00%
44	68.14%	70.37%	72.54%	74.64%	76.69%	78.68%	80.62%	82.52%	84.37%	86.19%	87.97%	89.71%	91.42%	93.09%
45	69.44%	71.71%	73.92%	76.06%	78.15%	80.18%	82.16%	84.09%	85.98%	87.83%	89.64%	91.42%	93.16%	94.87%
46	70.71%	73.03%	75,28%	77.46%	79.58%	81.65%	83.67%	85,63%	87.56%	89.44%	91.29%	93.09%	94.87%	96.61%
47	71.96%	74.32%	76.61%	78.83%	80.99%	83.09%	85.15%	87.15%	89.11%	91.03%	92.90%	94.74%	96.55%	98.32%
48	73.19%	75,59%	77,92%	80.18%	82.38%	84.52%	86.60%	88,64%	90.63%	92.58%	94.49%	96.36%	98.20%	100.00%
49	74.40%	76.84%	79.21%	81.50%	83.74%	85.91%	88,03%	90.11%	92.13%	94.11%	96.05%	97.96%	99.82%	100.00%
50	75,59%	78.07%	80.47%	82.81%	85.08%	87.29%	89.44%	91.55%	93.61%	95.62%	97.59%	99.52%	100.00%	100.00%

Women
Part of a social element of 24% of the basic amount assigned in the initial capital:
Internship	29	30	31	32	33	34
Age
16	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
17	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
18	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
19	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
20	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
21	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
22	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
23	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
24	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
25	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
26	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
27	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
28	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
29	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
30	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
31	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
32	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
33	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
34	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
35	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
36	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
37	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
38	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
39	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
40	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
41	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
42	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
43	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
44	0.00%	0.00%	0.00%	0.00%	0.00%	0.00%
45	96.55%	0.00%	0.00%	0.00%	0.00%	0.00%
46	98.32%	100.00%	0.00%	0.00%	0.00%	0.00%
47	100.00%	100.00%	100.00%	0.00%	0.00%	0.00%
48	100.00%	100.00%	100.00%	100.00%	0.00%	0.00%
49	100.00%	100.00%	100.00%	100.00%	100.00%	0.00%
50	100.00%	100.00%	100.00%	100.00%	100.00%	100.00%

[ 1] Pursuant to paragraph 5 of the judgment of the Constitutional Court of 7 May 2014. (Journal of Laws pos. 684) art. 26b, in so far as it is not possible to obtain the powers under the conditions laid down therein and is not harmonised with the equalisation of the retirement age of men and women, is incompatible with Article 3 (1) (b) of the Regulation. 2, art. 32 and Art. 33 Constitution of Poland. Article 26b in the abovementioned The extent of which expired on 26 May 2014.

[ 2] On the basis of the judgment of the Constitutional Court of 13 May 2014 (Journal of Laws pos. 683) art. 70 par. 3 to the extent that the entitlement of the spouse divorced to obtain a survivor's pension depends on the requirement of possession on the date of death of the husband of the law to the alimony of his or her party, determined solely by the sentence or judicial settlement, is incompatible with the art. 67 par. 1 in connection with art. 32 par. 1 Constitution of Poland. Article 70 (1) 3 in the above mentioned The extent of which expired on 26 May 2014.

[ 3] Out of date. From 1 March 2016 an amount of 208.67 zł is valid on the basis of point 2 (a) a) the communication of the President of the Social Insurance Institution of 15 February 2016. on the amount of the lowest pension, the grooming allowance and the allowance for total orphans and the amounts of maximum reductions in pensions and pensions (M.P. pos. 168).

[ 4] Out of date. From 1 March 2016 an amount of PLN 392,20 is valid on the basis of point 2 (a) b) the message of the President of the Social Insurance Institution of 15 February 2016. on the amount of the lowest pension, the grooming allowance and the allowance for total orphans and the amounts of maximum reductions in pensions and pensions (M.P. pos. 168).

[ 5] Out of date. From 1 March 2016 an amount of 882,56 zł is valid based on point 1 lit. a) the communication of the President of the Social Insurance Institution of 15 February 2016. on the amount of the lowest pension, the grooming allowance and the allowance for total orphans and the amounts of maximum reductions in pensions and pensions (M.P. pos. 168).

[ 6] Out of date. From 1 March 2016 an amount of PLN 676,75 based on point 1 (a). b) the message of the President of the Social Insurance Institution of 15 February 2016. on the amount of the lowest pension, the grooming allowance and the allowance for total orphans and the amounts of maximum reductions in pensions and pensions (M.P. pos. 168).

[ 7] Out of date. From 1 March 2016 an amount of 882,56 zł is valid based on point 1 lit. a) the communication of the President of the Social Insurance Institution of 15 February 2016. on the amount of the lowest pension, the grooming allowance and the allowance for total orphans and the amounts of maximum reductions in pensions and pensions (M.P. pos. 168).

[ 8] On the basis of the judgment of the Constitutional Court of 13 November 2012. (Journal of Laws pos. 1285) art. 28 of the Act of 16 December 2010. amending the Act on public finances and certain other laws (Journal of Laws No. 257, item. 1726) in connection with art. 103a of the Act of 17 December 1998. about pensions from the Social Insurance Fund (Journal of Laws of 2009 No. 153, pos. 1227; ost. 1. OJ of 2012 items 251), as inserted by the Article. 6 point 2 of the Act, in so far as it applies to persons who acquired the right to a pension before 1 January 2011, without the need to terminate the employment relationship, is incompatible with the principle of protection of the citizen's trust in the State and represented by not the law resulting from the Art. 2 of the Constitution. Article 28 of the abovementioned The extent of which expired on 22 November 2012.

[ 9] It expired on 15 March 2005. to the extent that it has retroactively prevented the adoption of the actual income of pensioners, attained during the period from 1 January to 26 August 1999, for non-agricultural activities, in an amount lower than that of revenue as a basis for the social security contribution within the meaning of the provisions on social security schemes, in accordance with the judgment of the Constitutional Court of 8 March 2005. (Journal of Laws No 41, pos. 401).

[ 10] It expired on 17 January 2000. to the extent that it depends on birth before 1 January 1949. application of the provisions of the Regulation of the Council of Ministers of 15 May 1989, for applications for pension notified after the entry into force of the Act. on the entitlement to early retirement of workers caring for children requiring constant care (Journal of Laws No. 28, item. 149 and 1999 Nr 61, pos. 679), on the basis of the judgment of the Constitutional Tribunal of 4 January 2000. (Journal of Laws No 2, pos. 26).