The Act Of 17 December 1998 On Pensions And Pensions From The Social Insurance Fund

Original Language Title: USTAWA z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych

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DIVISION I General provisions Chapter 1 scope and the Law Article. 1. [range] 1. The law specifies: 1) the conditions for the acquisition of the right to cash benefits from pension and insurance schemes;

2) rules for determining the amount of benefits;

3) principles and the granting and payment of benefits.

2. (repealed) 3. (repealed)

4. the conditions for the acquisition of the right to cash benefits rights of insurance in respect of accidents at work or occupational disease, and the amount of these benefits determine separate rules.

Article. 2. [scope] 1. Benefits under the conditions and in the amount specified by law are entitled to: 1) to the insured in the case of compliance with the conditions for entitlement to cash benefits from the pension insurance and pension social insurance fund;

2) family members of the other after the insured or the person entitled to the cash benefits of the pension insurance and pension social insurance fund.

2. benefits under the conditions and in the amount specified by law are entitled also the soldiers and police officers, the Office of State protection, the internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, the State fire service and the prison service, if they fulfil the conditions for entitlement, or have lost the right to the benefits referred to in the provisions on retirement pension those persons , and the remaining family members of these persons.

Article. 3. the [benefits] Provision set out in the Act include: 1) retirement, including retirement, partial;

2) a pension for incapacity for work, survivor's pension, including training;

3) survivor's pension;

4) care allowance;

5) addition to the survivor's pension for the orphan;

6) funeral.

Article. 4. [Definitions] used in this Act shall mean: 1) retiree-a person having established right to retirement pension, including a partial pension;

2) (repealed) 2a) periodic capital pension-retirement, referred to in the Act of 21 November 2008 on pensions;

3 Social Insurance Fund-Fund), referred to in the provisions of the social insurance system;

4) account of the insured-insured account that records information about the zwaloryzowanej of contributions for pension insurance, with the exception of contributions subject to discharge into an open Pension Fund and checked in must on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system (Journal of laws of 2015 item 121, as amended), carried out by the social insurance Institute, hereinafter referred to as "the Company";

4A) the amount of the annual contribution base to the pension scheme-a one-year basis for the contribution to the pension scheme in the calendar year referred to in article 1. 19 paragraph. 1 of the Act of 13 October 1998 on the social insurance system;

5) period of insurance – a period of payment of contributions to the pension scheme and the period nieopłacania the contributions due in the course of a calendar year the amount of the annual contribution base, referred to in the provisions of the social insurance system;

6) the scheme – the organizational unit of the establishment referred to in the provisions of the social insurance system, the right to issue decisions on benefits;

7) open pension fund-the Fund chosen by the insured out of pension funds, referred to in the rules on the organisation and functioning of the pension funds;

8) the payer contributions – payer contributions referred to in the provisions of the social insurance system;

9) the average wage – average gross monthly wage in the national economy, published in the official journal of the Republic of Poland "Monitor Polish" by the President of the Central Statistical Office;

10) annuity-pension for incapacity for work and a survivor's pension;

11) invalidity pensioner-a person having established the right to a survivor's pension in respect of incapacity to work, or to a survivor's pension;

12) insurance and pension-insurance, referred to in the provisions of the social insurance system;

13) the insured person is subject to the pensions insurance and pension system, referred to in the provisions of the social insurance system, as well as a person who before the date of entry into force of the Act subject to social insurance or the supply of the pensions, excluding social insurance of farmers.



Chapter 2 Periods included in the determination of the entitlement to benefits and the amount of Art. 5. [the determination of his right to a pension and survivor's pension] 1. In determining the right to a pension and annuities and calculating their amount shall be taken into account, subject to the provisions of paragraph 2. 2-5, the following periods: 1) the contribution referred to in article 1. 6;

2) non-contributory, referred to in article 1. 7.2. In determining the right to pension and annuities and calculating their amount of non-contributory periods shall be taken into account in the dimension not exceeding one third of the proven contributory periods.

2A. The periods referred to in article 1. 6 paragraph 1. 1 paragraph 4 and paragraph 6 (a). a – e and g, shall not be taken into account in determining the right to pension and annuities and calculating their amount, if their title is established right to cash benefits referred to in the provisions on retirement pension of persons referred to in art. 2. 2.3. In determining the right to pension, the periods: 1) the combatant and peer activities with those activities, as well as the periods included in the activity periods and reporting periods of repression of war and post-war period, referred to in article 1. 6 paragraph 1. 1, paragraph 5, 2) forced labour, referred to in article 1. 6 paragraph 1. 2 paragraph 2 shall be taken into account in the dimension.

4. In determining the right to a pension or a survivor's pension: 1) payers of contributions, required to pay for their own pension schemes, 2) persons cooperating with people carrying non-agricultural activities-no account shall be taken of the period for which contributions have not been paid, despite being subject to mandatory insurance and pensions scheme in this period.

5. To insured persons required to pay contributions on your own social security contributions for the period before the date of entry into force of the Act and persons cooperating with people carrying non-agricultural activities before the date of entry into force of the Act the provision of paragraph 1. 4 shall apply mutatis mutandis.

Article. 6. [periods] 1. Contribution periods are the following periods: 1) insurance;

2) to the payment of social security contributions in the amount specified in the regulations for the organisation and financing of social security, in the provisions referred to in article 1. 195 points 1 to 4 and 8, in the rules of the bar, in the provisions on employment and combating unemployment and social welfare legislation;

3) included in social insurance periods of the clergy: a) periods Ministers before 1 July 1989, subject to the payment of social security contributions for the entire period of membership of ago insurance, b) periods of residence of the clergy in the missions and periods of clergy pastoral among the Polish community, payable after on 14 November 1991, to the date of entry into force of the Act;

4) active military in Polish Army or periods of its equivalent or substitute periods form this service;

5) combatant, equivalent with those activities, as well as the periods included in the activity periods and reporting periods of repression of war and post-war period, specified in the rules about kombatantach and some of the people who are the victims of repression, war and the post-war period;

6) role in Poland service: a) police (Militia), (b)) in the Office of State protection, internal security agency and foreign intelligence agency, the Military Counterintelligence Service and the military intelligence Service and the Central Office «(security services), (c)) in the border guard, d) in the Prison Service, e) in State fire, f) in the customs service, g) in the Office of the Protection of the Government;

7) maternity allowance;

8) detention in prisons or other places of detention in the territory of the Polish under a conviction or without judgment after 31 December 1956 for political activities;

9) of the employment abroad of people, which at the time were not Polish citizens, if these persons have returned to the country after 22 July 1944 and were considered to be repatriated;

10) work after 1956 on behalf of political organizations and trade unions, illegal within the meaning of the provisions in force until April 1989.

2. periods shall also be payable before 15 November 1991 the following periods for which social insurance contribution is paid or for which there was no obligation for the payment of social security contributions: 1) employment after completing 15 years of life: a) on the territory of a Member State Polish – in terms of not less than half of the full working hours, if during those periods the employee received remuneration or benefits from social security : medical, maternity, or caring, or pension disease b) Polish citizens abroad-in the Polish diplomatic representations and consular, permanent delegations at the United Nations and other missions or special missions, as well as in other Polish institutions, institutions or enterprises, to which they are posted or referred; This also applies to family members of the delegate or directed there the employee who entered the employment in these facilities during their stay abroad,


c) Polish citizens abroad in international organisations, foreign institutions and establishments for which they have been referred in the context of international cooperation, or in which they were employed with the consent of the competent authorities of the Polish; consent is not required in relation to the workers, who went abroad before May 9, 1945, d) Polish citizens abroad-other foreign employers, if during the period of work abroad were paid social insurance contributions in Poland;

2) forced labor: a) performed on behalf of Nazi Germany during World War II, b) carried out on the territory of the Union of Soviet Socialist Republics during 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) performed in coal mines, quarries, factories and ore enrichment of uranium and the assaulting battalions of construction while serving military service in the Polish Army;

3) employment in the territory of a Member State under the conditions laid down in the Polish legislation in force before 1 January 1975;

4) work carried out during the holding in the territory of a Member State Polish imprisonment, the penalty is detention for the offence and at the time of detention – in time of not less than half of the full working time specified for such work;

5) inactivity on termination of employment, if these periods on the basis of the provisions of the labour code was paid remuneration or compensation;

6) temporary unemployment in the territory of a Member State Polish due to inability to receive it or inability to take vocational training, including the reintegration fund allowances download periods, unemployment benefits and training allowances paid from the Fund;

6a) inactivity before 4 June 1989 as a result of political repression;

7) exercise of the mandate of the Deputy or Senator in the Polish State;

8) internment based on art. 42 of the Decree of 12 December 1981 for the martial law (OJ item 154, 1982, item 18, and of the 1989 item 178);

9) creative or artistic activity in the territory of a Member State: (a) the Polish) covered by the duty of social security, for which social insurance contributions paid or which the insured person was exempt from the payment of contributions, b) payable before 1 January 1974, considered by the Commission for the pension Supply Makers, acting with the Minister competent for Cultural Affairs, provided that the creator or artist paid social security contributions after 31 December 1973;

10) work of lawyers carried on in the territory of a Member State: (a) the Polish) covered by the duty of social security, for which social insurance contributions paid or was exemption from payment of contributions, b) before placing the responsibility of social insurance;

11) perform in the territory of a Member State Polish work under contract covered by the social insurance obligation: a), for which they paid a premium for this insurance or in which occurred the exemption from payment of contributions, b) before placing the responsibility of insurance with that title, if during those periods the person performing such work had a remuneration of at least half the current minimum wage, based on the provisions of the labour code;

12) work in the territory of a Member State agricultural production cooperatives in Polish and other affiliated cooperatives in the Central Agricultural Production Cooperatives, therefore, in team farms cooperative machinery rings in the national farmers ' Union, circles and Agricultural Organizations, and work for the benefit of those cooperatives: a) covered by the obligation of social insurance, which paid a premium for this insurance or in which occurred the exemption from payment of contributions , b) before placing the responsibility of social insurance;

13) work in the territory of a Member State carried out on behalf of the Polish units of the socialized economy based on an agency agreement or contract and to cooperate in the implementation of such an agreement: a) covered by the duty of social security and the periods continue this insurance, which paid a premium for this insurance or in which occurred the exemption from payment of contributions, b) performed before 1 January 1976, if the agreement correspond to the terms and conditions of insurance in force at that date;

14) non-agricultural business in the territory of a Member State: (a) the Polish) covered by the duty of social security and the periods continue this insurance, which paid a premium for this insurance or in which occurred the exemption from payment of contributions, b) conducted before placing the responsibility insurance of this title, if the pursuit of economic activities corresponding to the conditions of insurance;

15) cooperation with conducting non-agricultural economic activities in the territory of a Member State covered by the Polish social insurance obligation and periods continue this insurance, which paid a premium for this insurance or in which occurred the exemption from payment of contributions;

16) social security Ministers in the territory of a Member State Polish for which paid contributions on this insurance or in which occurred the exemption from payment of contributions;

17) Download sports scholarship for professional sports in the territory of a Member State Polish after the completion of 15 years of age, with the exception of periods download the scholarship by learners or studying on full time.

3. For periods of employment and periods of work in the territory of a Member State Polish, referred to in paragraph 1. 2, it is considered to: 1) periods of employment and periods of work in areas that are part of the Republic of Poland in the current borders and 2) periods of employment and periods of work in areas that are part of the Republic of Poland before its current borders.

Article. 7. [non-contributory periods] nieskładkowymi Periods are the following periods: 1) download: a) remuneration for the time of incapacity for work, paid on the basis of the provisions of the labour code, (b) social insurance allowances, sickness:) or caring, c) rehabilitation benefits, d) the benefits referred to in subparagraph (a). (b) and (c) after the termination of the insurance obligation;

2) download the disease pension on termination of employment at the time of not less than half of the force in a particular profession or social insurance obligation with another title;

3) inactivity on termination of employment, if these periods, on the basis of the provisions of the labour code, has been paid compensation;

4) (repealed) (5)) payable prior to the date of entitlement to retirement or disability pension periods of parental leave, unpaid leave granted on the basis of the provisions on free vacations for working mothers caring for young children, other granted to this end, unpaid leave and periods of inactivity because of child care: a) up to the age of 4 years up to 3 years for each child, and including – regardless of the number of children up to 6 years , b) that because of its state of physical, mental or psycho-physical allowance are entitled – in addition to 3 years for each child;

6) payable before entitlement to retirement or disability pension periods of care care of disabled war passing to and a group of handicapped or deemed completely unable to work and independent existence, by a member of his family over the age of 16 years, that during the period of custody has not achieved revenue in excess of per month half of the lowest remuneration;

7) payable before entitlement to pension, periods of inactivity period of up to 6 years, due to the need to care for other than the child a family member passing to and a group of handicapped or deemed completely unable to work and independent existence or recognized as a disabled person in a large degree, by a member of his family over the age of 16 years that during the period of custody has not achieved revenue in excess of per month half of the lowest remuneration;

8) leave, and breaks in employment in the event of failure to leave spouses of employees to work in the diplomatic representations, consular offices, permanent missions at the United Nations and in other special missions abroad, in institutes, centres of information and culture abroad;

9) learning in higher education to one direction, provided complete this doctrine, in terms specified in their studies;

9A) doctoral studies and the scientific aspirantury in the dimension specified in the decision they are created;

9B) non-permanent staff preparatory studies;

10) training doctors in the clinics of Medical Academy and scientific institutes as a volunteer – up to 1 year;

11) pre-retirement allowance and pre-retirement;

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

Article. 8. [the insurance periods abroad] when determining the right to pension and survivor's pension, and in calculating their amount, account shall be taken of periods of insurance abroad, if so are international agreements.

Article. 9. [the periods to be disregarded in determining the right to benefits] in determining the right to benefits: 1) the periods referred to in article 1. 6 paragraph 1. 1 paragraph 9 and paragraph. 2 (1) (a). (c) and in article 3. 7, paragraph 8,


2) periods of employment in the territory of a Member State Polish at the time when this area was part of the Polish State not referred to in article 1. 6 paragraph 1. 2 (1) (a). and, 3) periods of forced labour referred to in article 1. 6 paragraph 1. 2 paragraph 2 (a). (a) and (b)-shall not be taken into account, if their title is paid pension insurance with institutions abroad other than pension additional insurance.

Article. 10. [other periods] 1. In determining the right to pension and for calculating the amount of the account shall also be taken of the following periods, treating them, subject to article 22. 56, as contribution periods: 1) the periods of insurance of farmers, for which they paid as provided for in separate regulations, 2) payable before 1 July 1977, the periods of driving farm after completing 16 years of age, 3) payable before 1 January 1983, periods of work on the farm after completing 16 years of age, if the periods and non-contributory, established on the principles referred to in article 1. 5-7, are shorter than the time required for the granting of old-age pension, to the extent necessary to complete that period.

2. the Periods referred to in paragraph 1. 1 paragraph 1 shall be taken into account also when determining the right to a survivor's pension for incapacity for work, if the periods and non-contributory fixed on the principles referred to in article 1. 5-7 are shorter than the time required for the grant of a pension, to the extent necessary to complete that period.

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

Article. 10A. [Download Periods of pension] 1. In determining the right to a pension on the basis of article. 26B, 27 and 28 of the person who has lost the right to a survivor's pension for incapacity for work attributable to the Fund due to recovery of working capacity, account shall also be taken of periods of getting this pension if the contribution periods and non-contributory, established on the principles referred to in article 1. 5-7 and 10, are shorter than the time required for the granting of old-age pension, to the extent necessary to complete that period.

2. download Periods from incapacity for work shall not be taken into account, if they converge at the time with the periods referred to in article 1. 6, 7 and 10, included in determining the right to pension.

Article. 11. [Overlapping periods of time] If the periods referred to in article 1. 6, 7 and 10, coincide in time, when determining the right to benefits specified in the law shall take into account the period better.



Chapter 3 invalidity Art. 12. [a person incapable of work] 1. Unfit for work within the meaning of the Act is a person who is totally or partially lost earning capacity due to infringement of the efficiency of the body and does not work in the recovery of the ability to work after retraining.

2. Completely unfit to work is a person who has lost the ability to perform any work.

3. Partially unfit for work is a person who to a large extent has lost the ability to work in accordance with the level of qualification.

Article. 13. [incapacity] 1. In the assessment of the degree and the expected period of incapacity for work and the prognosis for recovery of working capacity shall be taken into account: 1) the degree of infringement of the efficiency of the body and the ability to restore the necessary efficiency by means of medical treatment and rehabilitation;

2) ability to perform work or take another job and the desirability of retraining, taking into account the type and nature of the work carried out so far, the level of education, age and psychological predisposition.

2. Inability to work is for a period not exceeding five years, subject to paragraph 2. 3.3. Inability to work is for a period longer than 5 years, if according to the medical knowledge there is no prognosis for work before the expiry of that period.

3A. If the person entitled to a pension for incapacity for work for a period of at least the last 5 years preceding the date of the medical examination is missing less than 5 years to retirement age referred to in article 1. 24 paragraph. 1A and 1b, in the case of a further finding of incapacity for work is the inability to work for a period to reach that age.

4. ability to work under the conditions laid down in the rules of the professional and social rehabilitation and employment of persons with disabilities does not prevent the decision of total incapacity for work.

5. In the event of an infringement of the efficiency of the body to the extent resulting in the need for permanent or long-term care and assistance of another person to meet the basic necessities of life is the inability to independent existence. The provisions of paragraph 1. 2 and 3 shall apply mutatis mutandis.

Article. 14. [Doctor predicate] 1. The assessment of incapacity for work, its extent and to determine: 1) the date of incapacity, 2) or the anticipated period of incapacity for work, 3) causation of the incapacity or death in certain circumstances, 4) or the anticipated period of incapacity for independent life, 5) the advisability of retraining-shall be made in the form of a decision your doctor removal Plant, hereinafter referred to as "doctor orzecznikiem".

2. If it is not possible to determine the date of incapacity, and determined the period during which the incapacity for work, the date of creation of the inability of the assumed ending date of the period. If it is not possible to determine the date, or the period of incapacity, the date of the creation of incapacity shall be the date of filing of the application for service.

2A. The decision of the examiner to the person concerned shall be entitled to the opposition to the Medical Commission of the establishment, hereinafter referred to as ' the Commission, seek medical advice immediately, within 14 days from the date of notification of this decision.

2B. the opposition shall be filed through the organizational unit of the plant proper due to the place of residence of the person concerned.

2 c. the Medical Commission shall not deal with opposition filed after the deadline. In justified cases, the company, at the request of the person concerned, may restore the term on the opposition, including, in particular, in the event of a rejection by the Court of appeal against the decision in the case referred to in article. 4779 § 31 of the law of 17 November 1964 – code of civil procedure.

2D. The President of the establishment, within 14 days from the date of adoption of the decision by the examiner, may report a defect complaint decision and refer the matter for consideration of the Medical Commission. Of the ground of defective judgment an establishment shall immediately inform the person concerned.

2E. the Medical Commission, when considering the objection or complaint for defect, shall evaluate the work incapacity and its extent and the determination of the circumstances referred to in paragraph 1. 1.2f. The Medical Commission shall settle in the form of a judgment.

3. The judgment of the examiner, from which the opposition was not requested or for which it has been reported the allegation to be defective, or the judgment of the Medical Commission, a body scheme and the basis for the decision on the benefits provided for in the Act, to which the law is contingent on a finding of incapacity and unfitness for independent existence.

4. Supervision of the implementation of the case-law of incapacity for work is exercised by the President of the Establishment.

5. The surveillance referred to in paragraph 1. 4, includes: 1) control the accuracy and uniformity in the application of the principles of the case law of incapacity for work by medical examiners and medical committees;

2) providing doctors orzecznikom and medical committees guidelines for the application of the principles of the case law of the incapacity to work;

3) the right of referral for consideration by the Commission, if, as a result of the checks referred to in paragraph 1, is found not to comply, the judgment of the examiner or the Medical Commission with the facts or principles of the case law of incapacity for work.

6. the competent Minister in charge of social security determines, by regulation, taking into account the need to ensure proper and efficient adjudication of incapacity for work: 1) the detailed rules and rule on the incapacity by medical examiners and medical committees;

2) detailed rules for the organisation of the adjudication of incapacity for work, including in particular: a) the place of operation of medical examiners, b) how to create and the abolition of the Commission, c) how to specify the Medical Commission and their territorial jurisdiction, d) Medical Commission;

3) specific professional qualifications required of the medical examiners and doctors within the Medical Commission;

4) detailed rules for the supervision of the exercise of the jurisdiction of incapacity for work.



Chapter 4 of the basis of assessment of pensions Article. 15. [Fixing] 1. The basis of the dimension of the pensions is determined as specified in paragraph 2. 4 and 5 average basis of assessment contributions to the pension scheme or social security on the basis of Polish law in the period of 10 calendar years chosen by the person concerned of the last 20 calendar years immediately prior to the year in which the reported request for retirement or a disability pension, taking into account paragraph 3. 6 and art. 176.2. If interested in the 20 years immediately prior to the year in which the reported request for retirement, he studied for more than 10 years pension bridging allowance, the basis of the dimension of the pension is determined as specified in paragraph 2. 4 and 5 average basis of contributions to the pension scheme or social security in a period of 10 calendar years immediately prior to the year in which the interested acquired the right to this allowance.


2A. where it is not possible to determine the contribution base in the period remain in an employment relationship indicated to determine the base pensions, as the basis for the contribution shall be the amount applicable in this period, minimum wage workers, in proportion to the period of membership of insurance and working time.

2B. the provisions of paragraphs 1 and 2. 2A shall apply mutatis mutandis to persons deemed to be repatriated.

3. To base pensions referred to in paragraph 1. 1 and 2, you will be charged the amount of the securities to which the insured person in a given calendar year salary for the time of incapacity for work and the amount of benefits: sickness, maternity, caring, rehabilitation benefits, compensatory allowance, indemnity or compensatory supplement, as well as the value of the monetary compensation determined in accordance with point 3 of the annex to the Act of 6 March 1997 on the partially offset the periodic niepodwyższania wages in the budgetary sphere and the loss of some increases in or supplements to pensions and annuities. To the calculation basis be included in the amount of unemployment benefits, training allowances or grants paid from the Labour Fund for the period documented inability to work, subject to the provisions of paragraph 2. 3A 3a. In determining the calculation basis of the pension account shall be taken of the amount of the remuneration for the time incapacity for work, and the amount of benefits: sickness, maternity, caring, rights of the insured person in the calendar year following the 2004, except that the total amount of contribution bases to the pension scheme and remuneration and allowances may not exceed the maximum amount of the annual contribution base to the pension scheme.

4. for the purpose of determining the basis of assessment of the pension: 1) calculated the sum of the contribution basis and amounts referred to in paragraph 1. 3, during each year, selected by the calendar years;

2) calculates the ratio of each of these sum amounts to the annual amount of average remuneration announced for the calendar year, by expressing it as a percentage, rounded to hundredths percent;

3) calculates the arithmetic mean of these percentages, which, subject to paragraph 2. 5, gives an indication of the height of the base of the pension, and 4) is multiplied by the base amount, referred to in article 1. 19.5. A pointer to the height of the base cannot be higher than 250%.

6. At the request of the insured person basis dimension pensions can be determined as specified in paragraph 2. 4 and 5, the average contribution basis for social security or pension schemes during the period of 20 calendar years per year before the request, selected from all over the reporting period.

7. the provisions of paragraphs 1 and 2. 1-6 shall apply mutatis mutandis to a person who achieved the emoluments.

8. To determine the calculation basis of the pension attributable to the pastors shall be the average contribution basis with full calendar years insurance per after 1 July 1989 until the date on which an application, except that, with a period of no more than referred to in paragraph 1. 1; at the request of the insured person basis dimension shall be determined in accordance with paragraph 1. 1. Article. 16. [the method of determining the next 10 calendar years] in determining the next 10 calendar years referred to in article 1. 15 paragraph 1. 1 and 2, the calendar years following directly after each other, at least in terms of the insured in some of those years, for a period of a year or less than a year in insurance.

Article. 17. [the period of actual employment] 1. If you cannot determine the base pension, pursuant to art. 15 paragraph 1. 1 for the insured person, as referred to in article. 58 paragraph 1. 1 paragraphs 1 to 4, to establish the base shall be the basis for the contribution for the period of the actual membership of insurance, taking into account paragraph 3. 2 and 3. Provision of art. 15 paragraph 1. 3 shall apply mutatis mutandis.

2. There shall be the calculation basis for the insured person, as referred to in paragraph 1. 1, if not in the insurance for at least one calendar year.

3. the provision of paragraph 1. 1 shall apply mutatis mutandis, if you cannot determine the base pension, pursuant to art. 15 paragraph 1. 1 for the insured person, as referred to in article. 58 paragraph 1. 1, paragraph 5, because of the performance of alternative military service, serving active military or the use of parental leave.

Article. 18. [basis of assessment taking into account periods of insurance abroad] 1. The basis of the dimension of the pensions for those with insurance periods abroad referred to in article 1. 8, shall be determined on the basis referred to in article 1. 15-17.

2. in determining the next 10 calendar years referred to in article 1. 15 paragraph 1. 1 and 2, no account shall be taken of the calendar years in which the insured person throughout the year in insurance abroad.

3. If, during the 20 years immediately prior to the year in which the reported request for retirement or a disability pension, the person concerned was insured in Poland, the base dimension of the pensions is the average basis of assessment social insurance contributions or pension schemes during the period of 10 calendar years immediately prior to the year in which interested in joined for the first time insurance abroad.

Article. 19. [base amount] base amount is 100% of average earnings minus deducted from the insured social security contributions referred to in the provisions of the social insurance system, in the previous calendar year.

Article. 19A. [establishment and validity of the base amount] base amount is fixed annually on the basis of article. 19 and it shall apply from 1 March of each calendar year until the end of February of the following calendar year.

Article. 20. [Notice of the President of the CSO] President of the Central Statistical Office announces, in the form of a communication in the official journal of the Republic of Poland "Monitor Polish" within: 1) to the 7 working day of February of each year: a) the amount of the average wage in the national economy in the preceding calendar year, b) base amount referred to in article 1. 19;

2) to 7 business day of the second month of each quarter, the amount of the average wage in the previous quarter.

Article. 21. [the basis of assessment of the pension for a pensioner] 1. The basis of the dimension of the pension for a person who previously had established the right to a survivor's pension for incapacity for work, provides: 1) basis of assessment the pension – which takes into account the revaluation and all subsequent adjustments payable in the period following the determination of the right to a survivor's pension, subject to article 22. 15 paragraph 1. 5, or 2) basis of assessment determined in pursuant to art. 15.2. The provision of paragraph 1. 1 paragraph 1 shall apply in determining the calculation basis: 1) old-age pension for a person who previously had established the right to old-age pension;

2) of the pension for incapacity for work for a person who previously had established the right to a pension or to a pension.

3. The basis for the dimension of the pension for a person who previously received pre-retirement under the provisions on employment and countering unemployment, is the basis of assessment of the pension was adopted to establish the pre-retirement – taking into account all subsequent adjustments payable in the period following the determination of the right to pre-retirement or basis of assessment determined in pursuant to art. 15. Article. 22. [Delegation], the Council of Ministers, by regulation, lays down the detailed rules for determining the base pensions, taking into account in particular: 1) cases in which to base pensions added to some payments made to an employee, if these payments in the period before the date of entry into force of the Act are taken into account in determining the calculation basis of the pension, even though they were excluded from the calculation basis of contributions;

2) cases in which the base dimension of the pension for employees working abroad shall be determined on the basis of the remuneration of workers employed in this period in the country in the same or a similar nature, in which the worker has been employed before going abroad, or on the basis of lump sums.

Article. 23. [the lowest old-age pension or invalidity pension] 1. If the calculation basis of the pension cannot be determined in accordance with the principles set out in the Act or in the regulation referred to in article 2. 22, retirement or survivor's pension shall be set at the lowest pensions.

2. the provision of paragraph 1. 1 does not apply in determining the amount of the pensions: 1) the persons referred to in art. 24A and 27a, if retirement is granted from the Office the person without the contribution period and non-contributory of at least 20 years for women and 25 years for men;

2) persons referred to in article 1. 28. In determining the contribution period and non-contributory recipe article. 5. 2 shall apply mutatis mutandis.



SECTION II Pension Chapter 1 retirement pension for insured persons born after 31 December 1948.

Article. 24. [Duration of the pension] 1. Insured persons born after 31 December 1948 shall be entitled to a pension after reaching retirement age laid down in paragraph 1. 1A and 1b, subject to article 22. 46, 47, 50, 50a, 50e and 184.

1a. The retirement age for women born in the period: 1) until 31 December 1952, is at least 60 years old;

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1B. The retirement age for men born in the period: 1) from 1 January 1949 to 31 March 1949 is at least 65 years old and 5 months;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


2. For insured persons born after 31 December 1948, working in specific conditions or specific character, with the exception of insured persons entitled to a retirement pension under the conditions referred to in article 1. 32, 33, 39, 40, 46, 50, 50a and 50e, 184 and in art. 88 of the Act, referred to in article 1. 150, will be established pension bridging.

2A. The insured persons satisfying the conditions referred to in article 1. 50A or 50e is entitled to a pension after reaching the age of and periods of work or work period, referred to in those provisions.

3. the terms, conditions and mode of establishing pensions referred to in paragraph 1. 2, specify a separate Act.

Article. 24A. [the granting of old-age pension from the Office] 1. Retirement, referred to in article 1. 24, from Office instead of a pension for incapacity for work, the person who has reached the age of entitlement to the pension, and subject to social insurance or pensions insurance and pension system.

2. A retirement pension is granted from achievements by rencistę age for entitlement to an old age, and in cases where the payment of a pension for incapacity for work was suspended from the date on which it was decided her payment.

3. the Pension shall be calculated in accordance with art. 26, taking into account paragraph 3. 4 and 5.

4. At the request of the person whose pension has been granted from the Office in 2009-2013, retirement shall be calculated in accordance with article again. 183.5. At the request of the person who has met the conditions for old-age pension referred to in article 1. 46 and 50, however, has requested its granting, again calculated the amount of the retirement pension in accordance with article 5. 53 and 56.

6. the Pension calculated on the basis referred to in paragraph 1. 2-5 may not be lower than charged previously, pensions for incapacity for work.

Article. 25. [basis for calculating pensions] 1. The basis for the calculation of the retirement pension referred to in article 1. 24, is the amount of contributions to the pension, taking into account the valuation of contributions zewidencjonowanych to the account of the insured person to the end of the month preceding the month of which is entitled to the payment of a pension, zwaloryzowanego seed referred to in article 1. 173-175 and the amounts of funds zewidencjonowanych to the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system, subject to the provisions of paragraph 2. 1A and 1b and article. 185.1a. In determining the calculation basis of the pension referred to in article 1. 24, for the person who had established the right to a partial pension based on art. 26B, no account shall be taken of the amount increases contributions to pension insurance and initial capital referred to in article 1. 173-175, resulting from the quarterly adjustment referred to in article 1. 25A, carried out for the purpose of calculating the pension.

1B. If the insured person took retirement on the basis of the provisions of art. 26B, 46, 50, 50a, 50e, 184 or article. 88 of the law of 26 January 1982 – Teacher (Journal of laws of 2014.191 and 1198, with 2015.357, 1268 and 1418 and 2016.668), the basis for the calculation of the retirement pension referred to in article 1. 24, determined in accordance with paragraph 1. 1 shall be reduced by the amount equal to the sum of the amounts collected in the amount of pensions before the advance on income tax from natural persons and health insurance contributions.

1 c. the provision of paragraph 1. 1B shall also apply in the case where the insured has checked out the retirement of mining, referred to in article 1. 34 or article. 48 and 49, in the version in force on 31 December 2006.

1 d. Amounts zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system, shall not be taken into account in determining the amount of the retirement pension referred to in article 1. 184, and in determining the amount of the retirement pension in accordance with article 5. 183.1e. The provision of paragraph 1. 1 d shall apply also in the case where the insured person has submitted an application for a periodic retirement capital and meets the conditions of the laws to determine the right to this pension.

1F. In determining the amount of the retirement pension referred to in article 1. 24, for the people, where previously it was established right to retirement pension based on art. 46. 50. 50A, art. 50e or article. 88 of the law of 26 January 1982 – teacher's Card, no account shall be taken of the amounts zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system.

1 g. the provision of paragraph 1. 1F shall apply mutatis mutandis to the pensions referred to in paragraph 1. 1 c. 2. The amount referred to in paragraph 1. 1, is not subject to inheritance, subject to article 22. 25B. 3. The contributions shall be carried out each year from 1 June of each year, starting with the adjustment for the year 2000, taking into account article. 25A. As a result of the carried out adjustment account status cannot be lowered.

4. Valuation subject to the amount of contributions zewidencjonowanych to the account of the insured person on 31 January of the year for which the adjustment is carried out, increased by the amount of valorisation carried out.

5. Valorisation of the contributions is multiplied zewidencjonowanych on account of the insured person, contributions by the valorisation.

6. the valuation of contributions is equal to the ratio of consumer prices of goods and services total for the calendar year preceding the term valorisation in relation to the previous year, plus the increase in the real sum of pension insurance premiums note in the calendar year preceding the term valorisation in relation to the previous year, subject to the provisions of paragraph 2. 9. the valuation of contributions may not be lower than the price index of consumer goods and services total for the calendar year preceding the term valorisation in relation to the previous year.

7. the growth rate of the real sum of pension insurance contributions the note referred to in paragraph 1. 6, is obtained by dividing the growth rate of the nominal sum of pension insurance premiums note in the calendar year preceding the term valorisation in relation to the previous year by the price index of consumer goods and services total given for the same period.

8. the growth rate of the nominal sum of pension insurance contributions the note referred to in paragraph 1. 7, is the quotient of the sum of the reference pension insurance contributions for the calendar year preceding the term valorisation and the previous year.

9. valorisation Rate of contributions for the year 2000 is equal to the average wage growth indicator for 2000 relative to average earnings for 1999.

10. valorisation Rate of contributions shall be determined to the nearest hundredths percent.

11. the President of the Central Statistical Office announced in the form of a communication in the official journal of the Republic of Poland "Polish Monitor", to 20. day of the first month of each quarter, the price index of consumer goods and services total for the previous quarter.

12. the competent Minister in charge of social security publish in the official journal of the Republic of Poland "Polish Monitor", to 25. day of the month preceding the term valorisation, valorisation rate of contributions for the previous year and quarter.

Article. 25A. [Valorisation contributions] 1. In determining the amount of the pension amount of contributions for pension insurance zewidencjonowanych on the account of the insured person after 31 January of the year for which was conducted the last valorisation, referred to in article 1. 25, is the level of earnings on a quarterly basis.

2. in the case of determining the amount of the retirement pension: 1) in the first quarter of the year – the last quarterly valuation of contributions shall be made for the third quarter of the previous year;

2) in the second quarter of the year – the last quarterly valuation of contributions shall be made by the fourth quarter of the previous year;

3) in the third quarter of the year – the last quarterly valuation of contributions shall be made by the first quarter of the year;

4) in the fourth quarter of the year – the last quarterly valuation of contributions shall be made by the second quarter of the year.

3. a quarterly Adjustment is subject to the amount of contributions zewidencjonowanych on the last day of the first month of the quarter, which is carried out development, increased by the amounts obtained as a result of the previous quarterly adjustment.

4. Valorisation quarterly contributions is multiplied zewidencjonowanych on account of the insured person, contributions by the adjustment referred to in paragraph 1. 5. As a result of the carried out adjustment account status cannot be lowered.

5. the quarterly adjustment of contributions is equal to consumer price index, total in the quarter for which the valorisation is carried out in relation to the previous quarter, plus increases in real sum of pension insurance premiums note in the quarter for which the valorisation is carried out in relation to the previous quarter. Valorisation rate of contributions may not be lower than the price index of consumer goods and services in total during the quarter for which the valorisation is carried out in relation to the previous quarter.

6. the growth rate of the real sum of pension insurance contributions the note referred to in paragraph 1. 5, is obtained by dividing the growth rate of the nominal sum of pension insurance premiums note in the quarter for which the adjustment is carried out in relation to the previous quarter, by the price index of consumer goods and services total given for the same period.

7. the growth rate of the nominal sum of pension insurance contributions the note referred to in paragraph 1. 6, is the quotient of the sum of the reference pension insurance premiums during the quarter, for which it is carried out in the previous quarter and valorisation.

8. the valorisation Rate of contributions shall be determined to the nearest hundredths percent.

Article. 25B. [information on the possibility of the indication of the persons authorized to receive a guaranteed payout] 1. Company shall inform the pensioner, that: 1) acquired the right to a pension in respect of age, referred to in article 2. 24 paragraph. 1B, or to the day preceding the achievement of this century had established the right to periodic pension,


2) had a subaccount, referred to in article 2. 40A of the Act of 13 October 1998 on the social insurance system, 3) does not receive the periodic pension capital-about the possibility of the indication by name of one or more persons as beneficiaries, for which is to take place after the death of the pensioner's payment of a one-time allowance, hereinafter referred to as "payment of a guaranteed".

2. Identification of the person referred to in paragraph 1. 1, not listed in the article. 67 can occur after obtaining the consent of the spouse of a retiree, expressed in writing.

3. Payment of the guaranteed amount shall be determined as the difference between the measures referred to in article 1. 25 paragraph 2. 1, zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system, and the product of the number of complete months that have elapsed since the beginning of the month in which the pension was paid for the first time, to the end of the month in which the death occurred of the pensioner, and 37th part of the amount of zewidencjonowanej on the sub-account.

4. the person uposażona, in accordance with the request of the pensioner, entitled to all or part of the payment of the guaranteed, if the death of a retiree collecting retirement, referred to in paragraph 1. 1, occurred over a period of three years from the month from which the first retirement was paid.

5. No indication people uposażonej means an indication as a uposażonej spouse, unless at the time of the death of pensioner remained with it in commonality, and in other cases, the payment of the guaranteed part of the estate.

6. If the pensioner has pointed out a few people paid and not marked their share in the payment of guaranteed, it is believed that shares these people are equal.

7. A pensioner may at any time change the previous disposition, indicating the other person endowed with instead of, or in addition to those referred to in paragraph 1. 1, as well as indicating otherwise participation indicated people in the payment of guaranteed, or reference the previous disposition, not pointing to any other people.

8. Identification of the person uposażonej becomes void, if the person died before the death of the retiree. In this case, the part that was intended for the deceased person uposażonej, falls in equal shares to the other to uposażonym, unless the pensioner makes the participation in any other way.

Article. 26. [the determination of pension] 1. The old-age pension shall be equal to the amount resulting from the share base calculation determined as specified in article 4. 25 by the average life expectancy for people in the age of equal age of retirement of the insured, taking into account paragraph 3. 5 and art. 183.2. Age of the insured person on the day of retirement is expressed in completed years and months.

3. Average life expectancy is fixed for men and women and is expressed in months.

4. the President of the Central Statistical Office announced in the form of a communication in the official journal of the Republic of Poland "Monitor Polish" annually in the period to 31 March of the life table, taking into account paragraph 3. 3, for the age of insured persons referred to in paragraph 1, the thought. 2.5. Arrays, referred to in paragraph 1. 4 are the basis for the granting of pensions to applications submitted from 1 April to 31 March of the following calendar year, taking into account paragraph 3. 6.6. If this is more favourable for the insured, to the amount of the retirement pension in accordance with paragraph 1. 1 apply the life table in force on the date on which the insured person has reached retirement age, referred to in article 1. 24 paragraph. 1A and 1b and article. 27 paragraph. 2 and 3.

Article. 26A. [increasing the height of retirement] 1. The amount of the pension determined in accordance with article 8. 26 is increased for periods of payment of contributions to the Pension Insurance Fund for farmers, the farmers and the pension insurance scheme, referred to in the legislation on social insurance of farmers. This increase shall be determined according to the policy dimension of part of the contributory pension agriculture as provided in the rules on social insurance of farmers on the basis of a certificate of agricultural Social Insurance Fund of the periods of contributions.

2. increase referred to in paragraph 1. 1, does not have a person with established right to retirement pension on the basis of the provisions of the social insurance of farmers.

3. increase referred to in paragraph 1. 1, be granted to an insured person, who holds the periods referred to in article 1. 10 paragraph 1. 1 paragraph 1, less than 25 years.

4. Retirement, referred to in paragraph 1. 1, shall be paid from the Fund, except that the cost of the old-age pension in proportion to the increase of the part of the contributory in the amount calculated in accordance with paragraph 1. 1 subject to the refund of pension fund scheme specified in the legislation on social insurance of farmers.

Article. 26B. [Pension partial] [1] 1. Insured persons who have not reached retirement age referred to in article 1. 24 paragraph. 1A paragraph 26-85. 1B paragraph 2-20, receive a partial pension if you meet the following conditions: 1) have contribution period and non-contributory for at least 35 years for men 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 old-age pension partial pension shall be 50% of the amount determined in accordance with article 8. 26 and is not subject to the increase to the amount of the lowest old-age pension.

3. In determining the right to a partial pension shall not apply the provisions of article 4. 103 para. 1 and 2, article. 103a and 104.

4. When the person entitled to a retirement pension partial pension age, referred to in article 2. 24 paragraph. 1A paragraph 26-85. 1B paragraph 2 – 20, and after termination of employment in the case of an insured person who is an employee of the partial pension is subject to – at the request of the insured person-the conversion of retirement, referred to in article 1. 24. Article. as the first [recalculation of pension] 1. After reaching retirement age, referred to in article 1. 24 paragraph. 1B, by a person who collects a periodic retirement capital to the day before reaching that age, retired from the Fund shall be calculated again from the Office on the principles referred to in article 1. 26, except that for the calculation of pensions is assumed to average life expectancy determined for the age referred to in article 2. 24 paragraph. 1B, in force at the date of the achievements of this century.

2. The basis for calculating the pension is the amount of contributions for pension insurance including valuation of contributions zewidencjonowanych to the account of the insured person to the end of the month preceding the month of which is entitled to the payment of pensions, and zwaloryzowanego initial capital and the amount of zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system, except that in determining the calculation basis of the pension amounts are not taken into account increases contributions to pension insurance and initial capital referred to in article 1. 173-175, resulting from the quarterly adjustment referred to in article 1. 25A, carried out for the purposes of calculating old-age pension from the Fund granted after reaching the age referred to in article 1. 24 paragraph. 1a. 3. The old-age pension from the Fund may not be less than the amount corresponding to the amount of the retirement pension from the Fund and the periodic pensions constituting the capital the day before reaching the age referred to in article 1. 24 paragraph. 1B. 4. The provisions of paragraph 1. 1-3 shall apply mutatis mutandis to the amount of the retirement pension from the Fund for the established right to retirement and to periodic pensions, and that to the day preceding the day of retirement age, referred to in article 1. 24 paragraph. 1B, not married pensions as a result of the suspension of the right to provide, in accordance with article 5. 103a. Chapter 2 Pension for insured persons born before 1 January 1949.

Article. 27. [Conditions for eligibility and retirement insured persons born before 1 January 1949] 1. Insured persons born before 1 January 1949, entitled to a pension, if you meet the following conditions: 1) have reached the retirement age laid down in paragraph 1. 2 or 3;

2) have contribution period and non-contributory for at least 20 years for women and 25 years for men, subject to article 22. 27A. 2. The retirement age for women is at least 60 years.

3. The retirement age for men born in the period: 1) until 31 December 1947 is at least 65 years old;

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

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

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

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

Article. 27. [conditions for granting pensions Office] Pension is granted from the Office rather than abstracted a pension for incapacity for work, the person who has reached the retirement age, as referred to in article. 27 paragraph. 2 and 3, and subject to social insurance or pensions insurance and pension system. Provision of art. 24A, paragraph 1. 2 shall apply mutatis mutandis.

Article. 28. [conditions for insured persons born before 1 January 1949, who have contributory periods and non-contributory] insured persons born before 1 January 1949, who did not achieve a contribution period and non-contributory, referred to in article 2. 27 paragraph. 1, point 2, shall be entitled to a pension, if you meet the following conditions: 1) have reached the age of retirement, as referred to in article. 27 paragraph. 2 and 3;

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

Article. 29. [retirement] 1. Insured persons born before 1 January 1949, who have not reached retirement age referred to in article 1. 27 paragraph. 2 and 3, can retire:


1) woman-after reaching the age of 55 years, if it has at least 30 years of contributory and non-contributory or if he has at least 20 years of contributory and non-contributory and was considered totally unfit for work;

2) man-after reaching the age of 60 years if it has at least 35-year contribution period and the non-contributory or if he has at least 25 years of contributory and non-contributory and was considered to be completely unable to work.

2. The old-age pension referred to in paragraph 1. 1, entitled insured persons who: 1) last, before submitting an application for retirement, they were employees and 2) during the last 24 months subject to social insurance or insurance related pensions and pension system remain in an employment relationship for at least 6 months, unless on the day of filing the application for a retirement pension shall be entitled to a survivor's pension in respect of incapacity to work.

3. Compliance with the conditions referred to in paragraph 1. 2 shall not be required from the insured, who throughout the period referred to in paragraph 1. 1 paragraphs 1 and 2, have been subject to social insurance or pensions insurance and insurance in respect of being in an employment relationship.

Article. 30. [the application of separate laws] Separate provisions define the rules for early retirement for persons referred to in article 1. 27, which are: 1) war and military invalids and kombatantami;

2) employees of the Government;

3) employees of local governments;

4) replacement soldiers military service forcibly zatrudnianymi in coal mines, quarries and extraction of uranium ore;

5) academic teachers.

Article. 31. [retirement entitled to a survivor's pension] people born before 1 January 1949, entitled to a pension for incapacity for work caused by an accident at work, an accident in the performance of non-agricultural economic activities, creative or artistic activity, an agency agreement or contract, or in the exercise by the people of a spiritual and religious activities or religious activities related to pastoral functions entrusted or religious , an accident on the way to work or work that until 31 December 2002, or as a result of an occupational disease, might retire: 1) woman-after reaching the age of 55 years, if he has at least 20 years of contributory and non-contributory;

2) man-after reaching the age of 60 years if it has at least 25 years of contributory and non-contributory.

Article. 32. [employees employed under special conditions] 1. Insured persons born before 1 January 1949, the employees referred to in paragraph 1. 2 and 3, employed under special conditions or specific character, entitled pension at the age of less than specified in art. 27 paragraph. 2 and 3.

1a. In determining the period of employment under special conditions or specific character shall not be taken into account: 1) periods of inactivity for which the employee received after 14 November 1991 salary or social security benefits in case of illness and maternity.

2) (repealed) 2. For the purposes of determining the powers referred to in paragraph 1. 1, for workers employed in the special conditions shall be considered employees by the work of significant harm to the health and severely nuisance or requiring high psychophysical efficiency due to safety or the environment.

3. For the purpose of establishing the powers referred to in paragraph 1. 1, for workers employed in specific character shall be considered: 1) employees of the bodies of State control;

2) employees of the customs administrations;

3 creative or artistic activity workers);

4) journalists working in newsrooms to newspapers, magazines, radio, television and in the bodies of press releases, news, current affairs or, covered by the collective work of journalists;

5) teachers, educators and other pedagogical workers engaged teachers referred to in article. 1 of the law of 26 January 1982 – Teacher;

6) professional soldiers, police officers, the Office of State protection, the internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, customs service, the prison service and the State fire service;

7) fire protection units of workers referred to in article 1. 15 paragraph 1a-5 and 8 of the Act of 24 August 1991 on fire protection (Journal of laws of 2016 item 191 and 298).

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

4A. (has power) 5. Separate rules govern your retirement, regardless of age, teachers who were born before 1 January 1949.

Article. 33. [Insured in respect of the activities of the creative or artistic] people born before 1 January 1949, the insured in respect of the activities of the creative or artistic, are entitled to a pension under the conditions laid down for the creative or artistic activity workers.

Article. 34. (repealed) Article. 35. (repealed) Article. 36. (repealed) Article. 37. (repealed) Article. 38. (repealed) Article. 39. [Pension mining] insured person born before 1 January 1949, complying with the condition referred to in article 1. 27 paragraph. 1 point 2 and niespełniającemu of the conditions required to obtain a mining pensions on the basis of article. 50A, which has at least 5 years: 1) the mining work, referred to in article 1. 50 c of paragraph 1. 1, carried out under the ground consistently and on a full-time basis, or 2) mining work referred to in article 1. 50 c of paragraph 1. 1, paragraphs 4 and 5, performed consistently and on a full-time basis on the pit in the mines of sulphur and coal and the mines of sulphur hole-pensionable age referred to in article 2. 27 paragraph. 2 and 3, shall be reduced by 6 months for each year of such work, but not more than 15 years.

Article. 40. [Railway pension] Railway railway worker is entitled to a pension born before 1 January 1949, that meets the following conditions: 1) has reached the retirement age of women 55 years, men 60 years;

2) has a contribution period and non-contributory for at least 20 years for women and 25 years for men, including at least 15 years of employment on the railways, including periods of siblings and zaliczalnymi to periods of employment on the railway, referred to in article 1. 44 – 45.

Article. 41. [Setting the railway pension rights] in determining the right to a pension shall train periods of work on the railway and work equivalent to work on the railway and the prescribed reckonable periods to work on the railways, which are the periods of contribution or nieskładkowymi within the meaning of the Act.

Article. 42. [railway Employees] 1. Railway employees within the meaning of the Act are persons in employment in: 1) organizational units undertaking "Polish State Railways", excluding offices railway projects;

2) other units (cells), where workers were covered by the existing provisions on retirement pension of railway workers and their families;

3) entities separate from the State Enterprise "Polish State Railways" in the period from 1 September 1999 to the entry of the company "Polish State Railways joint stock company" in the commercial register.

2. The employment of workers in units (cells), referred to in paragraph 1. 1, hereinafter referred to as the "railway organizational units", shall be deemed to be within the meaning of the Act for employment on the railway.

3. From the date of entry of the company "Polish State Railways joint stock company" to the commercial register of the railway employees, within the meaning of the Act, are also employed in that company and other entities separated from the company on the basis of the law of 8 September 2000 on commercialisation, restructuring and privatisation of the State Enterprise "Polish State Railways" (Journal of laws of 2014 item 1160, with 2015.200 and from 2016.615).

Article. 43. [periods of employment to turn] 1. For periods of employment on the railway is believed to remain in the periods of employment in railway units, in which the employee received remuneration or social security benefits: sickness, maternity or caring.

2. Each full year of service on the railway for steam, internal combustion or electric vehicle traction, in teams konduktorskich and shunting stations or setters counts as 14 months of employment on the railway.

Article. 44. [Periods equivalent to periods of employment] for periods equivalent to periods of employment on the railway is considered periods: 1) download-on termination of employment on the railway in time of not less than half of the force in the profession – sickness, maternity leave or care in respect of that employment;

2) download the disease pension granted by the competent organizational unit train;

3) exercise before 1 January 1975 organizational unit train working under a contract of apprenticeship, apprenticeship to a specific work or undergo the initial internship work;

4) employment or perform the function of choice in trade unions in the free time leave granted to an employee for this purpose;

5) employment, but not more than 5 years from the termination of employment on the railway, if the employment on the railway came to an end as a result of: a) transition with the consent of the organizational unit train to employment in the Ministry of communications of a non-employment on the railway, b) the transition from employment to turn to employment in the offices of primates and central bodies of State administration, c) to establish a working relationship based on choice,


d) transitions with the consent of the organizational unit train to employment on a non-public use railways, e) transitions with the consent of the organizational unit train to jobs in other departments in order to organise or construction of railway transport;

6) employment, but not more than 5 years, in units (cells) organizational communication Department non-railway organizational units, if there is a change of employment on employment on the railway and if a period of 5 years of employment in these units is not subject to passing on the basis of paragraph 5 (b). (a);

7) employment in international organizations and foreign institutions to the employment posting after railway employment on the railways;

8) perform the employment abroad by experts for the duration of the employment relationship with the railway organizational unit;

9) failure to work on the railway, if these periods shall be entitled to compensation as a result of restoration work or compensation;

10) employment on the railways of other countries, provided that the employee after these periods he was employed in the Polish railways.

Article. 45. [other periods one of the periods of employment] 1. For the periods included in the periods of employment on the railway is considered periods: 1) work on the railway covering the periods mentioned in article 1. 44, paragraph 6 and 7;

2) employment outside the rail in the period after 31 August 1939 to 9 May 1945 workers, who on 31 August 1939, they were employed on the railway and after May 9, 1945 entered again in Poland, employment on the railways;

3) download the sports scholarship for professional sports, paid by railway Sports Club, if the person that takes a scholarship before the download was employed on the railway.

2. Periods of combatant activities, military service and service: 1) to the police (Militia), 2) the Office of State protection, internal security agency and foreign intelligence agency, the Military Counterintelligence Service and the military intelligence Service and the Central Office «(in the bodies of public safety), 3) border guard, 4) Prison Service, 5) State fire, 6) the Government Protection Office shall be treated on an equal footing with the zaliczalnymi periods for periods of employment on the railway.



Chapter 3 special provisions for pensions for some 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 referred to in article 1. 29, 32, 33 and 39 are also insured persons born after 31 December 1948 and before 1 January 1969, if they meet the following conditions: 1) there came to an open pension fund or have submitted a request for the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget;

2) conditions for obtaining a pension referred to in those provisions to meet the 31 December 2008.

3) (repealed) 2. If the insured person, as referred to in paragraph 1. 1, do not conclude the agreement on the accession to an open pension fund no later than 31 December 1999, it is believed that the insured person has not proceeded to an open pension fund.

Article. 47. [the application of separate laws] Separate provisions define the rules for retirement, regardless of age, teachers born after 31 December 1948, and before 1 January 1969.

Article. 48. (repealed) Article. 49. (repealed) Article. 50. [the right to old-age pension railway] 1. The right to a pension, as referred to in article. 40, railway workers born after 31 December 1948, and before 1 January 1969, if they meet the following conditions: 1) there came to an open pension fund or have submitted a request for the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget;

2) conditions for obtaining a pension referred to in that provision will meet until 31 December 2008.

3) (repealed) 2. Provision of art. 46 paragraph 1. 2 shall apply mutatis mutandis.



Chapter 3a Pension mining Article. 50A. [conditions for retirement of mining] 1. Mining the old-age pension are entitled to a worker who satisfies the following conditions: 1) graduated from 55 years of age;

2) has a mining operation total with periods of work equivalent to at least 20 years for women and 25 years for men, including at least 10 years of mining work referred to in article 1. 50 c of paragraph 1. 1;

3) came to an open pension fund or have submitted a request for the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget.

2. The retirement age required from employees: women with at least 20 years, and males at least 25 years of mining and equivalent, including at least 15 years of mining work, referred to in article 1. 50 c of paragraph 1. 1, is 50 years old.

Article. 50B. [fixing the pension rights of mining] in determining the right to a pension of mining shall take into account the periods of work work work equivalent to mining and mining, which are periods of contribution or nieskładkowymi within the meaning of the Act, except that the periods of work work work equivalent to mining and mining shall be taken into account if the work performed was at least half of the working time.

Article. 50 c [Mining Work] 1. Mining work is considered employment: 1) underground in the coal mines, ore, bullion, refractory raw materials, aluminium, kaolinów, magnezytów, gypsum, anhydrite, rock salt and potash, phosphate and barite;

2) underground and the sinking of shafts in the enterprises construction of mines referred to in paragraph 1 and under the ground in companies and other entities that perform for those mines and mining works or for the construction of wells;

3) under the ground in enterprises, enterprises of mining machinery, repair facilities and other entities carrying out for the mines referred to in paragraph 1 the underground construction and Assembly works, repair of machines and the implementation of new devices; workers employed in these enterprises, companies and other entities shall be deemed to be the work of mining those months of employment, in which at least half the workdays have worked underground;

4) on the pit in the mines of sulphur and coal on manual or mechanized urabianiu, loading and transport of overburden and shale, with measurements in the field of mining surveying and maintenance aggregates and mining equipment, as well as in the mines of sulphur hole and in companies and other entities performing robots mining for brown coal and sulphur mines, on the positions set out by regulation by the Minister responsible for social security , in consultation with the competent Minister for Economic Affairs and Minister for the Treasury;

5) under the ground on traffic surveillance and traffic management of mines, companies and other entities referred to in paragraphs 1 to 3, as well as in the mines of sulphur and coal and in companies and other entities referred to in paragraph 4, on the positions set out by regulation by the Minister for Economic Affairs, in consultation with the competent Minister for the Treasury and the Minister for social security;

6) in their capacity as members of rescue squads mines referred to in paragraph 1 and 4, mechanics safety equipment of these teams and as rescue workers in mining rescue stations;

7) in positions of drivers to the Windows extraction and sygnalistów stations on the elevator shaft shafts in the mines, companies and other entities referred to in paragraphs 1 and 2;

8) on underground work in the inactive mines referred to in paragraph 1;

9) on trainers in the mining fields under the Earth and in the mines of sulphur and coal.

2. For work equivalent to work mining is considered to: 1) employment in positions requiring qualifications in engineering or technology in the field of mining mining offices, if the employment is related to the performance of operations inspekcyjno-in mines, companies and other entities referred to in paragraph 1. 1 paragraphs 1-4, provided prior overwork in the mines, companies and other entities referred to in paragraph 1. 1 paragraph 1 – 4 at least 10 years under the ground, on the pit in the sulphur mines or coal, as well as in the mines of sulphur in positions or hole supervision or management;

2) employment on other works, not longer than 5 years, to which the employees performing the work referred to in paragraph 1. 1 and in paragraphs 1 and 2 have gone on in connection with the decommissioning of the mine, the mining facility, company or other entity referred to in paragraph 1. 1 paragraphs 1 to 4.

3. For employees working in positions requiring qualifications in engineering or technology in the field of mining in the organizational units referred to in paragraph 1. 2 paragraph 1 shall be deemed to people who have a degree in engineering or technology and are employed in accordance with their qualifications in the field of mining.

4. mining work Periods referred to in paragraph 1. 1 paragraph 1-4 performed abroad shall be treated on an equal footing with periods of such work carried out in the country, if it met the conditions set out in the Act, is required to take account of these periods in determining the right to benefits.

Article. the 50 d [Crediting periods in terms of półtorakrotnym] 1. In determining the right to pension mining workers employed underground and in mines of sulphur or of lignite includes półtorakrotnym dimension following periods of work in the territory of a Member State Polish:


1) ancestors directly at urabianiu and loading of dredged material and other work of the face, by the Assembly, and transport enclosures, urabiających machines, loading and transporting the ancestors and the sinking of shafts and mining works;

2) in rescue teams.

2. Periods of work referred to in paragraph 1. 1 point 2 includes półtorakrotnym dimension also surveillance workers movement and traffic management of mines, who work for at least half of the workdays in the month underground, the mines of sulphur or lignite mines.

3. the competent Minister of social security, in consultation with the competent Minister for Economic Affairs and Minister for the Treasury, by regulation, specify the workstation on which the employment is counted under paragraph 1. 1 and 2 in terms of półtorakrotnym.

4. the competent Minister for Economic Affairs, in consultation with the competent Minister for the Treasury and the Minister for social security, determines by regulation, check-in policies by employers of periods of employment in positions where periods of mining work includes półtorakrotnym dimension in determining the right to pension, mining and some other workstations.

Article. 50e. [right to mining pensions] 1. The right to mining pension, regardless of age and position, employees who work the mine performed underground and working full time for a period of at least 25 years, taking into account paragraph 3. 2.2. To mining work periods referred to in paragraph 1. 1, also includes periods: 1) incapacity for work in respect of accidents at work or occupational sickness, for which was paid salary or sickness benefit or service, 2) the temporary posting of workers referred to in article 1. 50 c of paragraph 1. 1 paragraph 6, professional ambulance rescue in the Central mining rescue Station in Bytom, Poland KGHM Copper Mining Rescue Unit S.A.-Metallurgy in Lubin County mining rescue stations or in-directly preceded by the mining work is performed under the ground consistently and on a full-time basis, payable for the duration of the employment relationship.

3. the right to a pension referred to in paragraph 1. 1, provided that the employee is not signed up for an open pension fund or has submitted an application for the transfer of the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget.

Article. 50F [Quarterly billing periods] in determining the right to a pension of mining, referred to in article 1. 50e, periods of mining work carried out under the ground continuously and in full-time employment may be at the request of an employee billed quarterly.



Chapter 4 the calculation of pensions, referred to in article 1. 27-50e Article. 51. [calculation of mining pensions] 1. In determining the amount of mining pensions referred to in article 1. 50A or 50e, shall, subject to paragraph 2. 2, the following conversion factors: 1) 1.5 for each year of service of mining underground performed consistently and on a full-time basis;

2) 1.8 for each year of service, referred to in article 1. the 50 d;

3) 1.4 for each year of service on a full-time basis, referred to in article 1. 50 c of paragraph 1. 1 paragraphs 1 – 3 and 5 – 9, carried out partly on the surface and partly underground;

4) 1.2 for each year of service, referred to in article 1. 50 c of paragraph 1. 1, paragraphs 4 and 5, performed consistently and on a full-time basis on the pit in the mines of sulphur and coal, in the mines of sulphur hole and in companies and other entities performing robots mining for brown coal and sulphur mines.

2. In determining the amount of the total pension calculated operating period mining using the conversion factors referred to in paragraph 1. 1, account shall be taken, in terms of not more than 45 years.

Article. 52. [Converters] 1. In determining the amount of the pensions other than those referred to in article 1. 51 the following conversion factors: 1) 1.5 for each year of service the mining activity underground and working full time, 2) 1.8 for each year of service the mining activity underground, referred to in article 1. the 50 d of paragraph 1. 1, provided such employment for at least 5 years, subject to paragraph 2. 2.2. In determining the amount of the pensions total work period calculated using the conversion factors referred to in paragraph 1. 1, account shall be taken, in terms of not more than 40 years.

Article. 53. [the pension] 1. The old-age pension is: 1) 24% of the base amount, referred to in article 1. 19, subject to paragraphs 2 and 3. 3 and 4, and 2) after 1.3% of the base dimension for each year of contributory periods, 3) 0.7% of the basis for its assessment for each year of non-contributory periods, taking into account article. 55.2. When calculating the old-age pension the periods referred to in paragraph 1. 1 point 2 and 3, shall be fixed taking into account complete months.

3. Retirement, where the basis of dimension is the basis of assessment of the provision referred to in article 2. 21(1). 1 paragraph 1 and paragraph 2. 2, shall be calculated from the same base amount, which last was adopted to determine the basis of assessment, and then retirement be increased within the framework of the applicable valuation date of acquisition of pension rights.

4. The provisions of paragraph 1. 3 shall not apply if the person concerned after the acquisition of entitlement to benefits based on the dimension indicated the basis of pensionable, the subject of at least 30 months social insurance or pensions insurance and pension system.

5. the provisions of paragraphs 1 and 2. 3 and 4 shall apply mutatis mutandis, if the basis of pensionable is the basis of assessment of the pension was adopted to calculate the pre-retirement.

Article. 54. [the amount of the lowest pension], referred to in article 1. 28, will not be increased to the amount of the lowest old-age pension.

Article. 54A. [the amount of the pension to be granted ex officio] 1. Retirement, referred to in article 1. 27A, shall be calculated in accordance with art. 53 and 56.

2. The old-age pension referred to in article 1. 27A, may not be lower than charged previously, pensions for incapacity for work.

Article. 55. [the continuation of pension insurance and pension after reaching retirement age] the insured person who complies with the conditions to obtain a pension on the basis of article. 27, who continued his pension schemes after reaching provided for in that provision of the retirement age and has applied for retirement after 31 December 2008, the pension can be calculated on the basis of article. 26 if it is higher than the calculated in accordance with art. 53. Article. 55A. [application of the provision of article 55] 1. Provision of art. 55 also applies to the insured, who had established the right to a retirement pension before submitting a request for retirement, referred to in article 1. 27.2. If the insured has checked out of retirement, which had established the right before the right to a pension in respect of retirement age, referred to in article 1. 27 paragraph. 2 and 3, the basis for the calculation of pensions in accordance with article 5. 26 shall be reduced by the amount equal to the sum of the amounts collected in the amount of pensions before the advance on income tax from natural persons and health insurance contributions.

3. the right to a pension determined before reaching retirement age, referred to in article 1. 27 paragraph. 2 and 3, shall cease on the date on which it was granted a pension on the basis of article. 27, calculated in accordance with article 7. 26. Article. 56. [periods of work on the farm] 1. The person in determining the right to a pension takes account of periods of work on the holding referred to in article 1. 10, calculated the amount of the provision as part of the benefit calculated pursuant to art. 53, taking into account the periods of work on the farm, in proportion to the contributory periods and non-contributory period which is the sum of the contributory periods, non-contributory periods and work on the farm.

2. The provisions of paragraph 1. 1 shall not apply to the person who has proven at least 20 years old-female or male-25 years of contributory periods or contributory periods, supplemented by periods of nieskładkowymi in size not greater than specified in art. 5. 2, but the amount attributable to her pension shall be calculated pursuant to art. 53, taking into account the contributory periods and non-contributory, without taking into account the periods of work on the farm.

3. the provision, which was established in accordance with paragraph 1. 1 or 2, shall be increased by the amount corresponding to the proportion of contributory pensions determined according to the rules of the dimension specified in the legislation on social insurance of farmers, including the entire proven period of work on the farm, except that periods of driving farm or work on the farm, without being subject to other social insurance – after the age of 16 years, payable before 1 July 1977, If there are no earlier than 25 years before the right to a pension.

4. If the periods and non-contributory not been supplemented by periods referred to in article 5. 10, the pension is increased for the period of payment of contributions to the Pension Insurance Fund for farmers, the farmers and the pension insurance scheme for farmers. This increase shall be determined according to the rules of the dimension provided for part of the contributory in the provisions referred to in paragraph 1. 3. the 5. Increase referred to in paragraph 1. 4, does not have a person with established right to retirement or disability pension on the basis of the provisions of the social insurance of farmers.

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

7. The retirement pension referred to in paragraph 1. 1 – 4, shall be paid from the Fund, except that the costs of these pensions are subject to the appropriate refund:


1) in proportion to the increase of the part of the contributory in the amount calculated in accordance with paragraph 1. 3 and 4 – from the Fund the pension scheme referred to in the legislation on social insurance of farmers;

2) in proportion to the increase to the amount of the lowest pensions – from the State budget.



SECTION III of the pension for incapacity for work, survivor's pension and Chapter 1 incapacity Pension Article. 57. [conditions for the grant of a pension for incapacity for work] 1. Incapacity pension shall be entitled to the insured, who fulfilled the following conditions: 1) is unable to work;

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

3) incapacity for work arose in the periods referred to in article 1. 6 paragraph 1. 1 paragraphs 1 and 2, paragraph 3 (b). b, paragraph 4, 6, 7 and 9, paragraph 1. 2, paragraph 1, 3 to 8 and 9 (b). a, paragraph 10 (a). a, paragraphs 11 to 12, 13 (a). a, paragraph 14 (a). a and paragraphs 15 to 17 and article. 7, points 1 to 3, 5 (b). a, paragraphs 6 and 12, or not later than 18 months from the removal of these periods.

2. The provisions of paragraph 1. 1 paragraph 3 shall not apply to an insured person who has proven contribution period and non-contributory for at least 20 years for women, or 25 years for a man and is totally unable to work.

Article. 57A. [incapacity for work caused by an accident on the way to work or from work] the condition specified in article 2. 57 paragraph 3. 1 point 2 is not required from the insured, whose inability to work has been caused by an accident on the way to work or from work.

Article. 57B. [an accident on the way to work or from work] 1. For the accident on the way to work or the work is considered a sudden event caused by an external cause, that occurred on the way to or from the place of employment or other activity constituting a title insurance scheme, if this road was the shortest and has not been interrupted. However, it is believed that the accident occurred on the way to work or from work, even though the road was interrupted if the break was a vital justified and its time does not exceed the boundaries of needs, and then, when the road without being by the shortest, was for the insured, for reasons of communication, enviable.

2. the way to work or the work is considered in addition to the road from home to work or work to home is also the way to space or from space: 1) other employment or other activity constituting a title insurance scheme;

2) normal duties or work tasks or social;

3) regular meals;

4) of study or studies.

3. Determine the circumstances and causes of an accident on the way to work or from work shall in the Charter case on the way to work or to the employer in respect of insured persons who are employees, and in relation to other insured entities referred to in article 1. 5. 1 of the Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws of 2015 item 1242 and 1442).

4. the competent Minister in charge of social security shall determine, by regulation, the detailed rules for, the recognition event for the accident on the way to work or from work, the way his documentation, design card case, on the way to work or from work and the date of its drawing up, taking into account the need to ensure uniformity in how to inform about the occurrence of the accident.

Article. 58. [the fulfilment of the condition of the required contribution period] 1. The condition of having the required contribution period and non-contributory, pursuant to art. 57 paragraph 3. 1, point 2, shall be deemed to be met if the insured person has reached the contribution period and the non-contributory of including at least: 1) 1 year – if the incapacity for work occurred before the age of 20 years;

2) for 2 years-if incapacity is over the age of 20 to 22 years;

3) 3 years – if the incapacity is over the age of 22 to 25 years;

4) 4 years – if the incapacity is over the age of 25 to 30 years;

5) 5 years – if the incapacity is over the age of 30 years.

2. the period referred to in paragraph 1. 1, paragraph 5, should be over the last decade before submitting an application for a disability pension or prior to the date of incapacity; for this 10-year period does not include the download periods from incapacity for work, training or a survivor's pension.

3. If the insured has not achieved a contribution period and non-contributory, referred to in paragraph 1. 1, the condition of having the required period shall be deemed to be met if the insured person has been reported to insurance before the age of 18 years, or within 6 months after graduating from secondary school, secondary or higher education and to incapacity, without interruption or with breaks of no more than 6 months, periods and non-contributory.

4. The provisions of paragraph 1. 2 does not apply to an insured person who has proven contribution period referred to in article 2. 6, which shall be at least 25 years for women and 30 years for men and is totally unable to work.

Article. 59. [survivor's constant and periodic] 1. The person who has fulfilled the conditions of article 81(3). 57, is entitled to: 1) the survivor's pension has become – if the incapacity is permanent;

2) periodic pension if the inability to work is the interim.

2. periodic Pension shall be entitled for a period specified in the decision of the authority.

Article. 60. [retraining] 1. A person fulfilling the conditions laid down in article 4. 57, which stated the desirability of vocational retraining due to the inability to work in the profession, training pension for a period of 6 months, subject to the provisions of paragraph 2. 2 and 4.

2. the period of six months referred to in paragraph 1. 1, is prolonged for the time necessary to retraining, no longer than 30 months.

3. the extension of the right to a survivor's pension, as referred to in paragraph 1. 2, on the basis of a proposal of.

4. the period of six months referred to in paragraph 1. 1, may be reduced, if, before the expiry of that period the mayor shall notify the authority of the scheme: 1) about the lack of opportunities for retraining to another occupation;

2) that the person concerned does not undergo retraining.

Article. 61. [the restoration of the right to a survivor's pension] entitled to a survivor's pension, that came to an end due to the resolution of incapacity for work, shall be restored if, within 18 months after the termination of the right to a survivor's pension the insured person again became unable to work.

Article. 62. [the pension for persons totally is not able to work] 1. The survivor's pension for persons totally is not able to work is: 1) 24% of the base amount, referred to in article 1. 19, and 2) after 1.3% of the base dimension for each year of contributory periods;

3) 0.7% of the basis for its assessment for each year of non-contributory periods;

4) 0.7% of the basis for its assessment for each remaining year needed to complete 25 years of contributory periods and non-contributory, from the date of the request for a disability pension to the date on which the members would reach age referred to in article 2. 24 paragraph. 1a. 1a. When calculating the pension provisions of article 3. 53 paragraph 1. 3-5 shall apply mutatis mutandis.

2. The survivor's pension for a person partially is not able to work is 75% of the survivor's pension for persons totally is not able to work.

3. In the calculation of the survivor's pension the periods referred to in paragraph 1. 1 point 2-4, shall be determined taking into account the full months.

Article. 63. [the amount of the pension, taking into account periods of work on the farm] 1. The person in determining the right to a survivor's pension for incapacity for work include periods of work on the farm mentioned in the article. 10 paragraph 1. 1 paragraph 1, the amount of that pension shall be calculated based on the number of years and months of these periods, adopted to establish the right to a survivor's pension.

2. A survivor's pension referred to in paragraph 1. 1, shall be paid from the Fund, except that the cost of the rent shall be subject to the appropriate refund: 1) in proportion to the contained work periods on the farm-from the pension scheme referred to in the legislation on social insurance of farmers;

2) in proportion to the increase to the amount of the benefit of the lowest – from the State budget.

Article. 64. [training pension] 1. Training pension is 75% of the calculation basis.

2. Training pension may not be less than the lowest pension for a person partially is not able to work.

3. Training pension shall not be entitled in the event of the achievement of revenue from activities referred to in article 1. paragraph 104. 1-4, regardless of the amount of this income.



Chapter 2 the survivor's pension Article. 65. [survivor's pension after the death of the person with the right to a pension or a pension for incapacity for work] 1. The survivor's pension shall be entitled to eligible family members of the person who at the time of his death, she had established the right to a pension or a pension for incapacity for work or meet the conditions required to obtain one of these benefits.

2. when assessing the right to a survivor's pension, it is assumed that the deceased person was completely incapable of working.

3. (repealed) Article. 66. [survivor's pension after the death of the person receiving benefits pension bridging, pre-retirement or teachers to provide compensating] the survivor's pension is also entitled to the family members of a person who at the time of his death, collects a pension bridging allowance, pre-retirement or teacher training provision. In this case it is assumed that the deceased person fulfilled the conditions to obtain a pension for total incapacity for work.

Article. 67. [persons entitled to a survivor's pension] 1. To a survivor's pension shall be entitled the following family members satisfy the conditions set out in article 1. 68 – 71:1) children of their own, children of the other spouse and adopted children;

2) adopted on the upbringing and maintenance before reaching age grandchildren, siblings and other children, with the exception of children adopted on the upbringing and maintenance of the foster family or the family home of the child;

3) a spouse (widow and widower);

4) parents.

2. For parents within the meaning of the Act shall also be stepfather and stepmother and adopters.


Article. 68. [powers of children] 1. Children of their own, children of the other spouse and adopted children have the right to a survivor's pension: 1) 16 years;

2) to graduate school, if exceeded 16 years of life, but not beyond to reach 25 years of age, or 3), regardless of age, if you have become completely incapable of work and independent existence or completely incapable of work within the period referred to in paragraph 1 or 2.

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

Article. 69. [Powers of persons admitted to the upbringing and maintenance of] adopted on the upbringing and maintenance of the grandchildren, siblings and other children, referred to in article 1. 67 paragraph 1. 1, point 2, shall be entitled to a survivor's pension, if they meet the conditions of article 81(3). 68, and in addition: 1) were adopted on the upbringing and maintenance of at least one year before the death of the insured person (pensioner), unless the death was a consequence of an accident, and (2)) shall not have the right to a survivor's pension after the dead parents, and when the parents live, if: (a)) may not provide them with maintenance or b) the insured person (pensioner) or his spouse was their guardian as laid down by the Court.

Article. 70. [Powers widows] 1. The widow is entitled to a survivor's pension if: 1) at the time of her husband's death has reached the age of 50 years or was incapable of working or 2) teaches at least one of the children, grandchildren or siblings entitled to survivor's pension of the deceased husband, which has not reached 16 years of age, and if the education in school is 18 years of age, or if custody is exercised by totally unable to work and independent existence or completely unable to work entitled to a survivor's pension.

2. the right to a survivor's pension also acquires the widow who has reached the age of 50 years or has become incapable of work after her husband's death, but no later than within 5 years after his death or after you have stopped raising persons referred to in paragraph 1. 1 point 2.

3. [2] Spouse divorced or a widow who until her husband's death was not with him in the commonality of the marriage has the right to a survivor's pension, if in addition to compliance with the conditions referred to in paragraph 1. 1 or 2 had on the death of her husband the right to maintenance from his site established by judgment or court settlement.

4. the widow which does not fulfil the conditions to a survivor's pension referred to in paragraph 1. 1 or 2 and non-necessary livelihood has the right to periodic survivor: 1) for a period of one year from the time of the death of her husband;

2) participate in a structured training to obtain the qualifications to perform paid work, for no more than 2 years from the time of her husband's death.

5. the provisions of paragraphs 1 and 2. 1-4 shall apply mutatis mutandis to the widower.

Article. 71. [powers of parents] parents are entitled to a survivor's pension if: 1) the insured person (pensioner) directly before his death contributed to their maintenance;

2) meet the conditions set out, respectively, for the widow and widower in the article. 70 paragraph 1. 1 and 2 and, as to the age, also in art. 70 paragraph 1. 5. Article. 72. [termination of the right to a survivor's pension] in the event of cessation of the right to a survivor's pension because of the resolution of incapacity for work shall apply mutatis mutandis provision art. 61. Article. 73. [amount of the survivor's pension] 1. The survivor's pension is: 1) for one person – 85% of the pension that the deceased would have received;

2) for two persons – 90% of the pension that the deceased would have received;

3) for three or more persons – 95% of the pension that the deceased would have received.

2. the amount of the benefits that the deceased would have received, shall be deemed to be the amount of the pension, subject to paragraph 2. 3 and 3a, or survivor's pension for total incapacity for work.

2A. in the event of the death of a person receiving retirement or fulfilling the conditions to obtain the pension before the age referred to in article 1. 24 paragraph. 1a or 1b for the amount of the benefits that the deceased would have received, shall be deemed to be the amount of the retirement pension calculated in accordance with art. 26 for the purposes of calculating the partial pension, subject to paragraph 2. 3, in full.

3. If the pension of the deceased has been calculated with the increases referred to in article 1. 26A or article. 56 paragraph 1. 3 and 4, the survivor's pension is calculated as a percentage of the benefits of the deceased in the amount less the increase, according to the number of persons entitled to a survivor's pension. So calculated a survivor's pension is supplemented up to the amount that includes 50% of the increase, which the deceased would have received.

3A. The basis for calculating the pension, which would a deceased person, shall be reduced by the portion of the amount of zewidencjonowanych on the sub-account, as referred to in article. 40A of the Act of 13 October 1998 on the social insurance system, which have been funded in the framework of the allocation of resources in the event of divorce, annulment of marriage or in the event of the death of the person for whom the undertaking is a subaccount.

3B. the provision of paragraph 1. 3A shall apply mutatis mutandis to payment of the guarantee referred to in article. 25B paragraph. 3.4. The provision of paragraph 1. 3 shall apply mutatis mutandis to the calculation of the survivor's pension after the people who have established the right to a pension or a pension for incapacity for work pursuant to the provisions referred to in article 1. 195.5. Survivors ' pensions shall be paid from the Fund, except that the cost of the rent shall be subject to the appropriate refund: 1) in proportion to the increase referred to in paragraph 1. 3 and 4, and in proportion to the periods of work on the farm which, pursuant to art. 63 para. 1-from the pension scheme referred to in the legislation on social insurance of farmers;

2) in proportion to the increase to the amount of the benefit of the lowest – from the State budget.

Article. 74. [Total survivor's] 1. All eligible family members shall be entitled to one total survivor's pension, taking into account paragraph 3. 2-4.

2. The survivor's pension shall be divided into equal parts between the entitled.

3. in the event of disclosure of the circumstances causing the need to make the Division of the survivor's pension for the first time, or change the terms of the existing division of the pension due to the change in the number of people authorized authority scheme distributes the benefits of month to disclose those facts. The provisions of article 4. 129 paragraph 1. 1 and 2 shall apply mutatis mutandis.

4. in the event of disclosure of the circumstances causing the cessation of the Division of the survivor's pension provision art. 133 shall apply mutatis mutandis.



SECTION IV additions to pensions Article. 75. [Appendix care] 1. Care allowance are entitled to the person entitled to a pension or a survivor's pension, if that person has been declared completely unfit to work and independent existence or graduated from 75 years of life, subject to paragraphs 2 and 3. 4.2. Care allowance is £ 106.41 [3] per month.

3. the amount of the supplement referred to in paragraph 1. 2, shall be increased by using the pointer adjustment of pensions from the month in which the development is carried out.

4. The person entitled to a retirement or disability pension at a nursing facility or medicinal plant protective-caring care allowance are not entitled to, unless he stays outside this facility for a period longer than 2 weeks in a month.

Article. 76. [add-in for orphans complete] 1. If the survivor is entitled orphan complete, its allowance for orphans complete.

2. the supplement referred to in paragraph 1. 1, is $ 200 [4] per month.

3. the amount of the supplement referred to in paragraph 1. 2, shall be increased by using the pointer adjustment of pensions from the month in which the development is carried out.



Section V of funeral Art. 77. [funeral] 1. The funeral is entitled in the event of death: 1) of the insured person;

2) person receiving retirement or disability pension;

3) persons, which, on the date of death was not determined his right to a pension or a survivor's pension, but satisfied the conditions for obtaining and downloading;

4) a family member of a person referred to in paragraphs 1 and 2.

2. the members of the family referred to in paragraph 1. 1 paragraph 4, are: 1) a spouse (widow and widower);

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

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

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

5) siblings;

6) grandparents;

7) grandchildren;

8) persons, which was established by legal guardianship.

3. Funeral are also in case of death of the insured person after the termination of the insurance, if the death occurs during the period of sickness allowance, a rehabilitation benefit or maternity allowance.

4. The funeral shall have only one title.

Article. 78. [beneficial] 1. The funeral is entitled to a person who has covered the costs of the funeral.

2. Funeral Home, employers are also entitled to social assistance, powiatowi, legal person of the Church or Association of religion, if covered funeral expenses.

3. If you incur funeral costs by more than one person or entity referred to in paragraph 1. 2, grant is divided between those persons or entities-in proportion to the costs incurred.

Article. 79. [Documented funeral] 1. If you bear the costs of the funeral by a person other than mentioned in the article. 77 paragraph 1. 1 paragraph 4, the employer, the dom pomocy społecznej, municipality, County, legal person of the Church or Association of religion, funeral in the amount of proven funeral costs, no higher, however, than the one specified in the article. 80.2. If the funeral was held at the expense of the State, political or social organization, but the persons referred to in art. 77 paragraph 1. 1 paragraph 4, have suffered also part of its costs, are entitled to an allowance in the amount specified in the article. 80. Article. 80. [amount of funeral] funeral in the amount of $ 4000.


Article. 81. [termination of the right to unemployment benefit] 1. The right to funeral benefit expires in the event of failure of the request for its grant of a period of 12 months from the date of death of the person after which the benefits.

2. If the notification of the request for grant within the time limit referred to in paragraph 1. 1 was not possible due to later find corpses or identify a deceased person or for other reasons entirely beyond the control of the person, the right to funeral benefit will expire after 12 months from the date of the funeral.

3. The document proving the circumstances or causes referred to in paragraph 1. 2, is the certificate of the police or the public prosecutor's Office, a copy of the complete death certificate or other official document confirming the existence of the circumstances or the reasons causing the request.



SECTION VI of the Benefits granted in the specific article. 82. [powers of the Prime Minister] 1. President of the Council of Ministers in particularly justified cases, may grant a retirement or survivor's pension under the conditions and in the amount of other than those referred to in the Act.

2. the President of the Council of Ministers presents to the Sejm of the Republic of Poland in by 31 January of each calendar year, information about allocated in the year preceding the pensions and pensions on the basis of paragraph 1. 1. Article. 83. [Powers of the President of the ZUS] 1. The insured and the other after their family members, who as a result of special circumstances do not meet the conditions required by the Act to obtain the right to a pension or a survivor's pension may not – due to total incapacity for work or age – to take work or activities covered by social security and do not have the necessary means of subsistence, the President of the Establishment may grant by way of exception to the provision of not exceeding the appropriate benefits provided for in the Act.

1a. The provisions of article 4. 24A and 27a shall apply mutatis mutandis to rent for incapacity for work awarded as specified in paragraph 1. 1.2. Provision of art. 82 paragraph 1. 2 shall apply mutatis mutandis.

Article. 84. [funding] the provision referred to in article 1. 82 and 83, are financed from the State budget.



SECTION VII common provisions concerning benefits Chapter 1 the lower and upper limit of the amount of benefits Article. 85. [the amount of the lowest pension] 1. The amount of the lowest pension for incapacity for work are: 1) $ 880.45 [5] per month – for people completely unable to work;

2) £ 675.13 [6] per month-for those partially unable to work.

2. The amount of the lowest old-age pension, subject to article 22. 24A, paragraph 1. 6, art. 54, art. 54A para. 2 and art. 87, and the survivor's pension is $ 880.45 [7] per month.

3. The amount of the lowest benefits, referred to in paragraph 1. 1 and 2, shall be increased by using the pointer adjustment referred to in article 2. 89-94.

4. The provision laid down in amounts lower than those referred to in paragraph 1. 1-3, including the provision established with the increases referred to in article 1. 56 paragraph 1. 3 and 4 and in article 5. 73 paragraph 2. 3 and 4, shall be increased to the amounts from the Office, and if their withdrawal was suspended-after you resume the withdrawals.

5. the provision of paragraph 1. 4 apply to the benefits granted in accordance with the provisions of the international agreements the insured persons residing in Poland, in such a way that the sum of the benefits granted under the Act and the provision of foreign is not less than the amount of the benefits referred to in paragraph 1. 1-3.

6. Pension entitlement from the Fund will not be increased to the amount of the lowest old-age pension, if it is a person who has established the right to a pension calculated according to military rules referred to in article 1. 15A of the Act of 10 December 1993 on retirement pension professional soldiers and their families (OJ, 2015.330 and 1830) or to the police pension calculated according to the rules referred to in article 1. 15A of the Act of 18 February 1994 on retirement pension police officers, internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, State fire and prison officers and their families (OJ, 2015.900 and 1268).

Article. 86. [maximum amount] 1. The amount of the pension with the increases referred to in article 1. 56 paragraph 1. 3 and 4, or in the article. 73 paragraph 2. 3 and 4, shall not exceed 100% of the calculation basis of the pension.

2. limitation of benefits for 100% of their base does not apply to pensions and old-age pension in the amount specified in the article. 85.3. To the benefits determined under article. 23 in the amounts of the lowest not entitled to increase referred to in article 1. 56 paragraph 1. 3 and 4 and in article 5. 73 paragraph 2. 3 and 4.

Article. 87. [minimum] 1. In the case where a pension, the possibility for the Fund referred to in article 4. 26, including a periodic retirement capital or retirement, the possibility for the Fund referred to in article 4. 26, is less than the amount referred to in article 1. paragraph 85. 2 and 3, which retired from the Fund, including the retirement of fixed increase referred to in article 1. 26A, shall be increased in such a way that the sum of these benefits is not less than this amount if the insured person: 1) man-has reached retirement age, referred to in article 1. 24 paragraph. 1B, and has the contribution period and non-contributory for at least 25 years, 2) women-has reached retirement age, referred to in article 1. 24 paragraph. 1A, and has the contribution period and non-contributory for at least 25 years, taking into account paragraph 3. 1B – taking into account paragraph 3. 3-7. Provision of art. 5. 2 shall apply mutatis mutandis.

1a. In the contribution period, referred to in paragraph 1. 1 paragraphs 1 and 2, account shall be taken of the period for which it has been established to increase referred to in the article. 26A. 1b. Non-contributory contributory period 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 January 1, 2016;

4) 23 years-from 1 January 2018;

5) 24 years, from 1 January 2020 to 31 December 2021.

2. Increase referred to in paragraph 1. 1, is reimbursed from the State budget.

3. In the calculation of the contributory periods per after the date of entry into force of Act for the purposes of an increase in pensions in accordance with paragraph 1. 1 month in which contributions to the pension scheme were calculated from the base dimension lower than the amount of the minimum wage employees, shall be taken into account in proportion to the ratio of the rise to the amount of the minimum wage.

4. the rules referred to in paragraph 1. 3, shall not apply if the reduction in the contribution base below the minimum wage was due to collect royalties for the time of incapacity for work, paid on the basis of the provisions of the labour code, benefits and rehabilitation benefits from sickness insurance or accident insurance. This policy shall also apply if the basis of contribution to the pension scheme was the amount of permanent benefit from social assistance, the provision of care or special care allowance specified in the rules about the family benefits or allowance for caregiver specified in the rules about establishing and payment of benefits for caregivers, and to workers referred to in article 1. 6 paragraph 1. 2 of the Act of 10 October 2002, the minimum wage for the work (Journal of laws of 2015.2008), committed by soldiers in active service, insured serving the replacement, as well as in the service of the candidate police officers, border guards, Government Protection Bureau and the State fire service.

5. The right to increase referred to in paragraph 1. 1, is not entitled to the pensioners who achieve hotel revenue referred to in article 1. paragraph 104. 1-4, if the income exceeds the amount of the increase.

5a. The right to increase referred to in paragraph 1. 1, shall not be entitled in the event of overlapping pension rights from the Fund to: 1) pension or military police, referred to in article 1. paragraph 85. 5;

2) pensions referred to in the social insurance legislation farming farmers.

6. (repealed) 7. To determine the amount of overrun referred to in paragraph 1. 5, shall apply mutatis mutandis the provisions of article 4. paragraph 104. 1-8 and article. 106.8. The provisions of paragraph 1. 1 to 7 shall apply mutatis mutandis to persons who do not have acceded to an open pension fund.



Chapter 2 Valorisation benefits Article. 88. [Valorisation pensions] 1. Pensions are subject to valuation annually from 1 March.

2. Valorisation involves multiplying the amount of the benefit and its base by the valorisation.

3. Adjustment is subject to the amount of the benefit and its basis in the amount attributable to the last day of February of the calendar year in which the increase is to be carried out.

4. Valorisation includes pensions granted before the date of the valuation.

Article. 89. [Pointer adjustment] 1. This adjustment rate annual average price index of consumer goods and services during the previous calendar year increased by at least 20% real growth of average earnings in the previous calendar year.

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

3. increase by at least 20% real growth of average earnings referred to in paragraph 1. 1, is the subject of annual negotiations, within the framework of the Council for social dialogue, conducted in June, in the year preceding the promotion.


4. If the Council of the social dialogue within 14 days from the date of presentation by the Government website for the social partners information about projected sizes, including macroeconomic size inflation, as a basis for drawing up the draft budget for the following year, agreed, by resolution, increase the height referred to in paragraph 1. 3, the amount of this increase is subject to the notice in the official journal of the Republic of Poland "Monitor Polish", by communication Minister responsible for social security.

5. If you do not you will be agreeing to the Council's position in social dialogue referred to in paragraph 1. 3 and 4, the Council of Ministers shall determine within 21 days from the date of the conclusion of the negotiations, by regulation, the amount of the increase referred to in paragraph 1. 3, taking into account information about the projected macroeconomic sizes, including the size of the inflation, as a basis for drawing up the draft budget for the following year.

6. the competent Minister in charge of social security Announces by way of the communication in the official journal of the Republic of Poland "Monitor Polish", within 3 working days from the date of the notice by the President of the Central Statistical Office of the communication referred to in article 2. 94 paragraph 1. 1 paragraphs 1 and 2, the rate adjustment, 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 1. 3. Article. 90. (repealed) Article. 91. (repealed) Article. 92. (repealed) Article. 93. [Revision of pensions and annuities] 1. Revision of pensions and annuities as part of valorisation from the Office, and if the payment of benefits was suspended after its renewal, taking into account all the subsequent adjustment and additional adjustment, i.e. a period of withhold.

2. Decisions relating to the valuation of pensions drawn up using an it system can instead of a signature include print first and last name along with the work of a person authorized to issue them.

Article. 94. [notice in the Polish Monitor] 1. The President of the Central Statistical Office announces, in the form of a communication in the official journal of the Republic of Poland "Monitor Polish": 1) within the time limit until the end of January: a) the annual average price index of consumer goods and services, (b)) annual average price index of consumer goods and services to households of retirees and pensioners-in the previous calendar year;

2) within 7 working day of February real growth of average earnings in the previous calendar year.

2. the President of the Establishment declares, in the form of a communication in the official journal of the Republic of Poland "Monitor Polish", at least 7 working days prior to the nearest deadline valorisation: 1) payable from the date the amount of adjustment: a) the lowest pensions and annuities, b) attendance allowance and allowance for orphans complete;

2) applicable from the date the amount of the adjustment of the maximum reduction, calculated in accordance with art. paragraph 104. 9. Chapter 3 combination of the right to benefits Article. 95. [Refugee the right to several benefits] 1. In the event of overlapping on one person the right to several benefits provided for in this Act shall be paid to one of these benefits is higher or chosen by the person concerned.

2. the provision of paragraph 1. 1 shall also, having regard to art. 96, in the event of overlapping rights to pensions referred to in the Act with a right to the benefits provided for in the legislation on retirement pension of persons referred to in art. 2. 2, with the exception of the case when military police or pension is calculated according to the rules referred to in article 1. 15A or article. 18e of the Act of 10 December 1993 on retirement pension professional soldiers and their families or in the article. 15A or article. 18e of the Act of 18 February 1994 on retirement pension police officers, internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, State fire and prison officers and their families.

3. the provision of paragraph 1. 1 shall apply also in the event of overlapping on one person the right to a survivor's pension to the right to unemployment benefit or pre-retirement.

Article. 96. [the application of separate laws] 1. Separate provisions shall determine the right to benefits in the event of overlapping on one person of his right to a pension with the right to: 1) of the pension war pass and the military, whose inability to work remains in connection with military service;

2) of the pension for incapacity for work caused by a stay in the places referred to in article 1. 3 and 4 of paragraph 1. 1 of the law of 24 January 1991 on kombatantach and some of the people who are the victims of repression, war and the post-war period (OJ of 2014. poz. 1206 and 2015.693 and 2281);

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

2. Separate provisions determine the right to benefits in the event of overlapping on one person the right to a pension or a pension with the right to pensions from social insurance of farmers.

Article. 97. [payments from foreign institutions] persons entitled to pensions and the benefits of a scheme of the institutions of the foreign benefits under the Act shall be paid in the amount specified therein, if international agreements provide otherwise.

Article. 98. [withheld one of the benefits] 1. Withholding the payment of one of the benefits referred to in article 1. 95, follows from the date on which the right to higher benefits payments or selected by the person concerned.

2. in the event of the confluence of the right to benefits, referred to in article 1. 96, these benefits shall be paid from the date of origin of the right to two benefits, but no earlier than the month in which the request has been reported.

3. The amount of benefits paid for the period for which you have the right to higher benefits payments or selected by the person concerned or of more than one provision, are amortised by passing on the benefit or benefits. Provision of art. paragraph 139. 1 paragraph 1 shall apply mutatis mutandis.

4. The settlement referred to in paragraph 1. 3, shall be carried out taking into account the principles of financing the benefits referred to in the provisions of the social insurance system.

Article. 99. [Refugee Rights to funeral] in the event of overlapping rights to funeral specified by law the right to funeral to be determined on the basis of separate laws shall be granted only one allowance.



SECTION VIII rules for determining benefits Chapter 1 origin and termination of the right to benefits Article. 100. [entitlement] 1. The right to the benefits referred to in the act arises on the date of fulfilment of all the conditions required for the acquisition of this law, subject to paragraph 2. 2.2. If the insured person gets sick, the provision of rehabilitation or compensation for incapacity for work is paid on the basis of the provisions of the labour code, the right to pension, incapacity pension or disability pension from the date of training cessation of allowance, benefit or salary.

3. the provision of paragraph 1. 2 does not apply to old-age pension referred to in section II, Chapter 1.

Article. 101. [termination of rights] the right to benefits shall cease: 1) when the termination of any of the conditions required to obtain this right;

2) with the death of the person entitled.

Article. 101a. [termination of the right to a survivor's pension for incapacity for work] the right to a survivor's pension for incapacity for work shall cease on the date on which the pension has been granted in accordance with article 5. 24A or 27a.

Article. 102. [termination of the right to the provision of periodic incapacity] 1. The right to benefits subject to the periodic incapacity for work shall terminate on the expiry of the period for which this benefit is granted.

2. the right to a survivor's pension shall cease training: 1) on the expiry of 6 months, if the Governor does not occur with the application for an extension of this period;

2) from the date of receipt of the notice of about lack of retraining to another profession, even if the notification authority scheme has before the expiry of 6 months;

3) with the expiry of the period for which the benefit has been granted at the request of the Governors;

4) from the date of receipt of the notice of the fact that the person concerned before the expiry of 6 months or within the period referred to in paragraph 3, shall not be retraining.



Chapter 2 suspension or reduction of benefits Article. 103. [suspension or reduction of] 1. The right to pensions and annuities shall be suspended or these benefits are reduced on the principles referred to in article 1. 103a-106.

2. The provisions of paragraph 1. 1 does not apply to retirees, who have reached the retirement age, as referred to in article. 24 paragraph. 1A and 1b and article. 27 paragraph. 2 and 3, without prejudice to art. 103a. 2a. (repealed)

3. The right to pensions for incapacity for work or survivor's pension to which a person is authorized, it may also be suspended at the request of the pensioner.

4. (repealed) Article. 103a. [suspension of the right to a pension as a result of continuing employment without prior termination of employment] [8] the right to a retirement pension shall be suspended regardless of the amount of revenue realized by the retired from employment insurance without prior termination of employment with the employer, for whom he performed them directly before the acquisition of pension rights, laid down in the decision of the authority.


Article. 104. [Achieving revenue activities subject to the obligation to social security] 1. The right to a pension or a survivor's pension shall be suspended or these benefits are reduced in accordance with the conditions referred to in paragraph 1. 3 – 8, and in article 1. 105, in the event of the achievement of revenue activities subject to the obligation of social security referred to in paragraph 1. 2, and in respect of services referred to in article 1. 6 paragraph 1. 1, paragraphs 4 and 6.

1a. (9) For retirees and pensioners engaged in non-agricultural activities for income referred to in paragraph 1. 1, revenue for the dimension of the social insurance contributions within the meaning of the social security system.

2. the activity which is subject to social insurance, referred to in paragraph 1. 1, shall be deemed to be employment, service or other employment or conducting non-agricultural activities, taking into account paragraph 3. 3.3. The provisions of paragraph 1. 1 and 2 shall also apply to retirees and pensioners achieving income from activities performed abroad.

4. the provisions of paragraphs 1 and 2. 1, 1a and 2 shall also apply to people excluded from the obligation to social security in respect of the determination of his right to a pension and survivor's pension or performing activities of a non-compulsory social insurance due to be bound by that obligation with another title.

5. The provisions of paragraphs 2 and 3. 1-4 does not apply to fees for creative and artistic activity.

6. the revenue referred to in paragraph 1. 1, shall also be the amount of downloaded benefits: sickness, maternity and caring, and remuneration for the duration of incapacity for work, paid on the basis of the provisions of the labour code, and the amount of rehabilitation benefits and compensatory, compensatory allowance and compensatory supplement.

7. The right to pensions for incapacity for work and the survivor's pension to which a person is entitled, shall be suspended in the event of the achievement of income in an amount higher than 130% of the average monthly salary for the calendar quarter, the last announced by the President of the Central Statistical Office.

8. in the event of the achievement of revenue in excess of 70% of the average monthly salary for the calendar quarter, the last announced by the President of the Central Statistical Office, not higher than 130% of this amount, the benefit is reduced by the amount of the overrun, not more than the amount of the maximum reduction in force on 31 December 1998:1) 24% of the base amount in force at the last valuation in 1998-for pensions for total incapacity for work;

2) 18% of the base amount, referred to in paragraph 1 is for the survivor's pension in respect of partial incapacity for work;

3) 20.4% of the base amount, referred to in paragraph 1 is for the survivor's pension to which a person is entitled.

9. The amount of the maximum reductions referred to in paragraph 1. 8, subject to increase, using the pointer adjustment of pensions in subsequent periods of valorisation.

10. the President of the social insurance Department publish in the official journal of the Republic of Poland "Monitor Polish": 1) within 14 working day of the second month of each calendar quarter – the amount of income referred to in paragraph 1. 7 and 8, with rounding up to whole 10 cents;

2) within 14 working day – the amount of the income limit for this calendar year.

Article. 105. [reduction of the survivor's pension] 1. Amount of the survivor's pension, attributable to more than one person, shall be reduced in the case where a person entitled to a portion of the pension in the amount of income achieved higher than 70% of the average remuneration per calendar quarter last announced by the President of the Central Statistical Office, of not more than 130% of this amount per month.

2. reduce pensions by reducing part of the pension attributable to the person hitting the income by the amount of the overrun, but not more than the amount referred to in article 1. paragraph 104. 8 paragraph 3, multiplied by the proportion of the part of the survivor's pension before the reduction and full survivor's pension.

3. Income derived by a person entitled to a survivor's pension in excess of the amount equal to 130% of the average remuneration per calendar quarter last announced by the President of the Central Statistical Office, resulting in the suspension of the right to part of the survivor's pension for this person. The height of the part of the pension rights of other family members are not changed.

Article. 106. [Delegation] the competent Minister in charge of social security determines by regulation: 1) detailed rules for the suspension and reduction of benefits;

2) obligations of retirees and pensioners and contribution payers and tax authorities;

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

4) detailed rules for suspending and reducing benefits to individuals, which have been granted with the taking into account of insurance periods abroad.



Chapter 3 changes in the law to benefits and the amount of Art. 107. [Revision of the right to benefits dependent on incapacity for work] entitled to benefits dependent on incapacity for work and the amount of these benefits is changed, if, as a result of the medical examination, which was carried out on request or ex officio, it was agreed to change the degree of incapacity for work, the lack of this incapacity or its rise.

Article. 107a. [re-establish the right to a survivor's pension] 1. If entitled to a survivor's pension is more than one person and one or more of those people will report the request for an exemption from the circle of persons entitled to a survivor's pension, the right to a survivor's pension is determined again without the person (s).

2. the application referred to in paragraph 1. 1, is the fact causing the cessation of the right to a survivor's pension of persons mentioned in paragraph 1. 1. the provision of article. paragraph 134. 1 paragraph 1 and paragraph 2. 2 paragraph 2 shall apply mutatis mutandis.

3. the recalculation of the survivor's pension for the rest of the persons entitled to a survivor's pension is followed by a month, from which it was suspended payment of a pension to a person referred to in paragraph 1. 1.4. At the request of the person referred to in paragraph 1. 1, the right to a survivor's pension is determined, again not earlier than a month request.

Article. 108. [re-fixing provide] 1. If after the date from which it has been granted a retirement pension referred to in article 1. 24 and 24a, the pensioner has been subject to the pensions insurance and pension system, the amount of the benefit is determined again in the manner referred to in paragraph 1. 2.2. A pension calculated according to the rules referred to in article 1. 26 shall be increased by an amount of the share of contributions zewidencjonowanych on account of the insured person after the date of the determination of pension rights, referred to in article 1. 24 and 24a, and zwaloryzowanych in accordance with article 5. 25 by expressed in months, the average life expectancy for the age of the insured at the date of the request for conversion of the amount of the pension, taking into account paragraph 3. 4 and 5.

2A. The submission by a member of the open pension fund application for determination of the amount of a pension referred to in article 1. 24 or article. 24A, means at the same time to request a recalculation of the periodic pensions capital pursuant to art. 25 of the Act of 21 November 2008 on pensions.

3. pension recalculation occurs at the request of the requested no earlier than the end of the calendar year or after termination of the pension and insurance schemes.

4. The basis for calculating the pension is the amount of contributions checked-in for a month, from which it was taken the payment of pensions for the first time, to the month preceding the month of application for determination of pension.

5. the provision of paragraph 1. 4 shall apply mutatis mutandis to a subsequent application for a determination of the pensions in the new amount.

Article. 109. [recalculation retirement at the request of the person entitled] 1. At the request of the pensioner the amount of the retirement pension referred to in article 1. 53 and a survivor's pension is determined again by the principles referred to in article 1. 110-113.

2. If, as a result of the re-establish pension or the invalidity pension is lower, the provision in the previous height.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis to a pension calculated in accordance with art. 24A, paragraph 1. 5 and art. 54A. 110. [how to recalculate the pensions] 1. The amount of pensions shall be calculated from the calculation basis determined as specified in article 4. 15, taking into account paragraph 3. 3, if her calculations indicated the basis dimension of social security contributions or pension schemes on the basis of Polish law attributable in whole or in part, after the grant of benefits, and the amount of the assessment base is higher than previously calculated.

2. the condition have a higher height indicator assessment base is not required from a pensioner, that from the date of the determination of rights to benefits until the date of notification of the request for redetermination, pursuant to paragraph 1. 1, do not download the benefits as a result of the suspension of the right to a pension or a survivor's pension or the period required to determine the base of the falls in its entirety after the grant of the right to benefits and the amount of the base is at least 130%.

3. The last 20 calendar years referred to in article 1. 15 paragraph 1. 1, covers the period immediately before the year in which the reported request for recalculation of the provision, taking into account article. 176.


Article. 110a. [recalculation of pension] 1. The amount of the pension is calculated from the calculation basis determined as specified in article 4. 15, taking into account article. paragraph 110. 3, if her calculations indicated the basis dimension of social security contributions or pension schemes on the basis of Polish law attributable in whole or in part, after the grant of benefits, and the amount of the assessment base before applying the restrictions referred to in article 2. 15 paragraph 1. 5, is higher than 250%.

2. determination of the amount of the pension in accordance with paragraph 1. 1 can only occur once.

Article. 111. [to establish a new pension or annuity] 1. The amount of pensions is calculated again, subject to the provisions of paragraph 2. 2 and 3, from the calculation basis determined under article. 15, if her calculations indicated the basis of contribution to social security or pension schemes on the basis of Polish law: 1) with the number of consecutive calendar years and during the period referred to the findings of the previous calculation basis benefits 2) with a further 10 calendar years chosen from the 20 calendar years immediately prior to the calendar year in which an application for the granting of pensions or to determine pensions taking into account article. 176, 3) 20 calendar years chosen from the entire period of membership of insurance, per a year before filing an application for redetermination of pension-and the amount of the assessment base is higher than previously calculated.

2. the basic amount, calculated on the basis referred to in article 1. 15, shall be multiplied by the base amount last adopted for the calculation of benefits.

3. Basis of assessment of the pension, determined on the basis referred to in paragraph 1. 1 and 2, shall be subject to all waloryzacjom their right to request for a determination of the base.

Article. 112. [Adding missing periods] 1. If the pensioner will report request for recalculation of the provision by adding not included so far in terms of the provision contributory periods or non-contributory, the amount of benefits increases plus: 1) to the amount of the pension, as referred to in article. 53, or survivor's pension for total incapacity for work: a) 1.3% of the calculation basis, established as a result of the valuation, for each year of contributory periods referred to in article 1. 6, b) 0.7% of the calculation basis, established as a result of the valuation, for each year of non-contributory periods referred to in article 1. 7;

2) up to the amount of the survivor's pension in respect of partial incapacity for work, and to the amount of the survivor's pension increase referred to in paragraph 1, established by applying the percentage referred to respectively in article. 62 paragraph 1. 2 or in article 3. 73 paragraph 2. 1.2. When calculating growth, referred to in paragraph 1. 1, periods of contributory and non-contributory shall be determined taking into account the full months.

Article. 113. [request] recalculation of pension for incapacity for work, by adding not included so far in terms of the provision contributory periods or non-contributory, at the request of the requested no earlier than after the end of the calendar quarter, where the pensioner remains in insurance, unless in the calendar quarter end insurance.

Article. 114. [Decisions] 1. The right to benefits or the amount is determined again at the request of the person concerned or ex officio, if after coming to a decision on benefits will be submitted to new evidence or disclosed the circumstances existing prior to the release of this decision, that affect the right to benefits or to their height.

1a. (has power) 2. If the right to benefits or the amount established by judgment an appeal body, the scheme on the basis of the evidence or the circumstances referred to in paragraph 1. 1:1) on its own decision granting the right to benefits or increasing your height;

2) occurs to the appellate body requesting the resumption of proceedings before this body, when the evidence submitted or disclosed the circumstances show that the entitlement to benefits does not exist or that the benefits are entitled to lower; to request this authority, however, can occur at any time;

3) suspends the payment of benefits, in whole or in part, if the pensioner benefit from benefits on the basis of false documents or testimony or otherwise ill-will.



SECTION IX Proceedings in matters of benefits and payment of benefits Chapter 1 General rules Article. 115. [the authorizing authority decisions] 1. Decisions on the benefits issue and these benefits pay, taking into account paragraph 3. 2-4, pension authorities competent according to the place of residence of the person concerned.

2. the Designated by the President of the Establishment organizational units of the plant seem to decide on benefits, and these benefits are paid: 1) persons residing abroad in a country with which the Republic of Poland an international agreement in the field of social security;

2) that in determining the rights and the amount of the pension account has been taken of the periods of insurance referred to in article 1. 8.3. Persons resident abroad in the State with which the Republic of Poland, not international agreement in the field of social security, decisions on benefits and pay the pension authorities seem appropriate due to the last place of residence in Poland of the person concerned (the insured).

4. (repealed) 5. The President can appoint to do certain actions in matters of benefits other organizational units of the plant than competent bodies due to the place of residence of the person concerned.

Article. 116. [proceedings] 1. Proceedings in matters of benefits shall be initiated on the basis of a proposal of the person concerned, unless the law provides otherwise.

1a. Proceedings for retirement shall be initiated ex officio, if the retirement age for persons entitled to pre-retirement or pre-retirement allowance shall specify the provisions of art. 24 paragraph. 1A and 1b and article. 27 paragraph. 2 and 3.

1B. In the case of the provision shall be remitted if the applicant for the provision of died before a decision on this benefit.

1 c. The provisions of paragraph 1. 1B shall not apply in the cases referred to in article 1. 136.1 d. The provisions of paragraph 1. 1B shall not apply if the Member of the open pension fund died before a decision, unless on the day of his death fulfilled the conditions for retirement.

2. the application for a retirement pension may be discontinued, however, not later than the day when the decision. In the event of withdrawal, in the case of benefits is subject to closure.

3. Requests for the granting of benefits shall be within the scheme directly or through payer contributions, taking into account article. 182.4. Applications for the granting of benefits to the persons referred to in article 1. 115 paragraph 1. 2 and 3, shall be in the bodies of the schemes referred to in those provisions, subject to the provisions of the international agreements.

5. a proposal for the granting of benefits should be attached to the evidence to justify the right to benefits and their amount specified by regulation by the Minister responsible for social security.

Article. 116A. [request to set a periodic pension capital] Submission by a member of the open pension fund application for a retirement pension referred to in article 1. 24 paragraph. 1, means at the same time, submit an application for the establishment of a periodic pension, as referred to in the Act of 21 November 2008 on pensions.

Article. 117. [Establishment of contributory periods] 1. Periods referred to in article 1. 6 paragraph 1. 1 point 2 – 9, and paragraphs 1 and 2. 2 (1) (a). (b) to (d), paragraph 2 (a). (d) and paragraph 4-17, non-contributory periods referred to in article 1. 7, and the periods referred to in article 1. 10 paragraph 1. 1 paragraph 1, may be taken into account if they are proven documents (certificates), or entries in the insurance card or recognized Court, taking into account paragraph 3. 3 and 4.

2. Payable after the date of entry into force of the Act, the periods referred to in article 1. 6 paragraph 1. 1 paragraph 1, non-contributory periods referred to in article 1. 7, paragraph 1, and the basis of the contribution and the amount of the contributions shall be taken on the basis of the information recorded on the account of the insured person.

3. Periods of detention referred to in article 1. 6 paragraph 1. 1 paragraph 8, by virtue of the judgment confirms the President of the District Court and, in the case of seats without judgment, President of the Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation.

4. The periods referred to in article 1. 6 paragraph 1. 1 paragraph 10 and paragraph 2. 2 point 6a, may be proven documents or testimony of witnesses. The assessment of these documents and testimony shall, by a decision, the head of the Office for war veterans and Repressed Persons in accordance with the provisions of kombatantach and some of the people who are the victims of repression, war and the post-war period.

5. (repealed) Article. 118. [the term decision] 1. Authority of the scheme shall issue a decision on the right to benefits or determine its height for the first time within 30 days of the explanation the last necessary circumstances to issue this decision, taking into account paragraph 3. 2 and 3 and article. 120.1a. If you determine the right to benefits or the amount of the judgment of the appellate body for the day explanation last decision necessary for the circumstances shall also be day effect of a final judgment an appeal body, if the scheme is not responsible for the failure to identify the last time the circumstances necessary to a decision. The review body by issuing a decision, the responsibility of the scheme.


2. If the decision has been established the right to provide, and his height, the scheme shall pay to provide within the time limit referred to in paragraph 1. 1.3. If, on the basis of the evidence it is not possible to determine the rights or of the amount, the date of the last explanation of the circumstances referred to in paragraph 1. 1, shall be the date of the final additional period to submit the necessary evidence, appointed by the authority of the scheme, or the date of presentation of the evidence.

4. When making the payment resulting from the decision again establishing the right to benefits or the amount of, paragraph 3. 1-3 shall apply mutatis mutandis, subject to the provisions of paragraph 2. 5.5. Payment of benefits resulting from the decision referred to in paragraph 1. 4, followed by a date in the near future benefit payments or in the next payment date, if the period between the date of clarification last circumstances necessary for the issuing of the decision and the nearest due date is less than 30 days.

6. The provisions of paragraphs 2 and 3. 1 to 5 shall not apply if the international agreements provide otherwise.

7. The decision of the authority of the scheme are entitled to the person concerned appeal specified in separate regulations.

Article. 119. [the decision to grant a pension] 1. Authority of the scheme shall issue a decision to grant a survivor's pension in respect of interim incapacity for the period indicated in the judgment of the examiner or in the judgment of the Medical Commission.

2. in the event of a decision on the advisability of retraining scheme authority shall issue a decision to grant the pension training for a period of 6 months and directs the person concerned to the district labour office in order to undergo retraining.

3. at the request of the authority, however, it appears to extend right to the pension training for the period indicated in this proposal, taking into account the provision of art. 60 paragraph 1. 2.4. Authority of the scheme again directs the person concerned to the examiner, if the Mayor will notify about the lack of opportunities for retraining to another profession.

Article. 120. [the provision in the amount of the advance] 1. If the right to benefits was proved, but interested in did not submit the evidence necessary to determine the amount of benefits, the scheme recognises the concerned provision in the amount of the advance close to the amount of the expected benefits.

2. the scheme shall grant the person concerned the provision referred to in paragraph 1. 1, even if the contributions due for the period, from which it has been established the basis for the calculation of the retirement pension referred to in article 1. 26, have been accounted in the account of the insured person within which prevents their inclusion in the calculation of benefits on the date of the decision on the right to provide and determine its height.

Article. 121. [exemption from fees] 1. Extracts from civil status, the certificate shall be issued for the purpose of determining entitlement to benefits, and a letter for these documents are free of charge.

2. In matters of benefits provided for in the law the persons concerned and the authorities of the scheme are exempt from all charges, with the exception of charges based on art. 16 paragraph. 4 of the Act of 27 August 2004 about health care benefits financed from public funds (OJ from 2015.581, as amended).

Article. 122. [aid] 1. Government authorities, local governments and employers are obliged to provide authorities and insurance help and information on the benefits provided for in the Act.

2. the entities referred to in paragraph 1. 1 are obliged, at the request of the persons concerned or body scheme – to the certification of własnoręczności or the authenticity of signatures on statements (declarations) and pension forms required to obtain or rent with foreign institutions.

3. the provision of paragraph 1. 2 without prejudice to the provisions of art. 96 of the Act of 14 February 1991 – Notarial Law (Journal of laws of 2014.164, as amended).

Article. 123. (repealed) Article. 124. [the application of the provisions of the administrative procedure code] proceedings in the cases of the provision set out in the Act shall apply the provisions of the administrative procedure code, unless this law provides otherwise.



Chapter 2 obligations of payers of contributions, benefit recipients and other entities Article. 125. [obligations of employers] 1. The employer must: 1) interact with an employee in the collection of the documentation necessary for the granting of benefits;

2) issue of the worker or body rentowemu certificates necessary to determine the right to benefits and the amount thereof;

3) preparation of the request for retirement and submit it with the consent of the employee body rentowemu no later than 30 days before the intended date of transition employee retirement, taking into account article. 182.

4) preparation, with the consent of the employee, the application for a pension for incapacity for work and submit it to the rentowemu 30 days prior to the termination of the right to sickness benefits;

5) inform without delay, after the death of the employee, the rest of the family followed the conditions for obtaining a survivor's pension, the preparation of an application for a disability pension and submit it to rentowemu.

2. the provisions of paragraphs 1 and 2. 1 shall apply mutatis mutandis to other payers of contributions, with the exception of the principals, individuals employing workers niewypłacających benefits from sickness insurance and contributions payers who pay premium for itself and people.

Article. 125A. [documentary evidence of the payment of contributions] 1. Payer contributions is obliged, at the request of the authority, to issue documents (certificates) in order to prove contributory periods referred to in article 1. 6 paragraph 1. 1, paragraph 1, and of non-contributory periods referred to in article 1. 7, paragraph 1, taking into account paragraph 3. 2 and 5.

2. the contribution Payer is obliged to issue documents (certificates) in order to prove the work periods in specific conditions or specific character, mining work periods and periods of work on the railway.

3. the contribution Payer is obliged to issue a certificate of the amount of income giving rise to the dimension of the social security contributions, paid for the periods for which this revenue, as well as the amount paid for the time incapacity for work, benefits and allowances and other charges referred to in article 1. 15 paragraph 1. 3.4. Payer contributions is obliged to store payroll, payroll cards, or other evidence, on the basis of which is the determination of the calculation basis of the pension for a period of 50 years from the date of completion by the insured on your payer.

5. The person opłacającej contributions to their own social insurance authority of the scheme may request the submission of evidence of the payment of contributions and contribution base for the period after 31 December 1998.

Article. 126. [to be subject to a medical examination] the person who filed the application for benefit, to which the law is contingent on a finding of incapacity for work, and a person with established the right to such benefits is obliged, at the request of the authority, to undergo a medical examination and, at the request of the examiner, or at the request of the Medical Commission, psychological tests, if they are necessary to determine the right to benefits as defined by law. Provision of art. paragraph 134. 1 paragraph 3 shall apply mutatis mutandis.

Article. 127. [obligations of the recipients] 1. The pensioner is required to notify the authority of the scheme of operations referred to in article 1. paragraph 104. 1 – 4, and height derived from the revenue, and after the end of the calendar year is the amount of income earned in the previous calendar year.

1a. The obligation referred to in paragraph 1. 1 does not apply to retirees who pensionable age referred to in article 2. 24 paragraph. 1A and 1b and article. 27 paragraph. 2 and 3, reached before the activities referred to in article 1. paragraph 104. 1-4.

2. the obligations referred to in paragraph 1. 1 rest on employers and clients, and in the case of a person charged with the service – on the right cell of the personnel.

Article. 128. [signature] 1. At the request of the authority of the scheme and the pensioner is required to confirm the hand signature of the existence of further rights to the benefits defined by law.

2. In the event of circumstances that prevent or hinder pensioner lodging this signature, the existence of further rights to benefits by the pensioner can confirm the hand signature authorized the person who has actual care of a pensioner, or a pensioner.

3. Własnoręczność the signature of the persons referred to in paragraph 1. 1 and 2, free of charge, the competent authorities of the Government or local government units.

4. the provision of paragraph 1. 3 without prejudice to the provisions of art. 96 law on notaries.

5. in the event of failure to meet the requirement referred to in paragraph 1. 1, the provisions of article 4. 101 and 134 shall apply mutatis mutandis.

Article. 128A. [the delegations] the competent Minister in charge of social security shall determine by regulation: 1) the scope of the information obligations of the authorities, 2) conditions and the opening of proceedings in matters of benefits, 3) the method of determining the date of filing of the application for the benefit or to determine the amount, if the application has not been lodged within the scheme, 4) the types of evidence to justify the right to benefits or the amount, in the case where the account of the insured person does not contain these data , 5) the scope of the data that can be proved by the testimony of witnesses or the insurance claims, together with an indication of the form of the testimony or statements, 6) the calculation of benefits and the periods to be taken into account in determining benefits, 7) elements, which should include the decision of the scheme and the reasons therefor, as well as the scope of information that should be included in the admonition to that decision,


8) form of the documents and their storage and the duration of storage of documents in electronic form, 9) procedures and types of evidence necessary to award by the President of the Establishment benefits by way of exception, – having regard to the need to ensure the smooth and timely determination of the rights and benefits provided for in the Act.



Chapter 3 General rules for the payment of benefits Article. 129. [Start payment] 1. Benefits shall be paid from the date of origin of the right to those benefits, not earlier than a month, in which an application or decision of the authority, taking into account paragraph 3. 2.2. If the application for a survivor's pension in the month occurring immediately following the month in which the death of the insured, the pensioner, survivor's pension shall be paid from the date of death, no earlier however than the fulfilment of the conditions to a survivor's pension by eligible members of the family.

3. (repealed) Article. 130. [payment] 1. Benefits shall be paid by calendar months on the day set out in the decision of the authority scheme as the term of payment benefits, taking into account paragraph 3. 4 and 5, unless an international agreement provides otherwise.

2. benefits shall be paid to persons qualified, taking into account paragraph 3. 3:1) through legal persons carrying on activities in the field of service benefits or 2) at the request of the person entitled: a) on the payment account or the account in the Bank or cooperative credit unions counter, other than a payment account or b) indicated its payment instrument, on which it is stored electronic money within the meaning of the Act of 19 August 2011 on payment services (Journal of laws of 2014.873 and 1916 and from 2015.1764 , 1830 and 1893).

2A. the provision of paragraph 1. 2 shall apply mutatis mutandis to persons having legal custody of persons entitled to pensions for incapacity for work and people who care, referred to in article 1. paragraph 131. 1.2b. The provisions of paragraph 1. 2 shall not apply where the person who has legal custody of persons entitled to pensions for incapacity for work and the person who has custody of the persons referred to in article 1. paragraph 131. 1, is a penalty involving deprivation of liberty, the penalty of military arrest or detention sentence for a misdemeanor or is temporarily arrested.

3. The person undergoing sentence of imprisonment, the penalty of military arrest or detention penalty for the offense and the person provisionally arrested shall be paid benefits: 1) through legal persons carrying on activities in the field of service benefits at the prison or detention or 2) at the request of the person: a) on the payment account or a bank account, other than a payment account, b) indicated its payment instrument where it is stored electronic money within the meaning of the Act of 19 August 2011, payment services, or c) to a person by the company indicated, upon being duly informed her of the circumstances referred to in article 1. paragraph 138. 2, paragraph 1.

4. Per day of benefits transferred abroad shall be deemed the date of transfer of receivables to a bank or other intermediary in the payment of benefits.

5. Provide submitted abroad, established in amounts below the lowest old-age pension may be paid at other than those referred to in paragraph 1. 1 the dates laid down in the decision of the authority.

Article. 131. [payment of survivor's pension] 1. Survivor's pension or portion thereof, referred to in article 1. 74 paragraph 1. 2, the position: 1) a person is a minor, 2) to a person older than 18, which was established by legal guardianship, shall be paid to the persons providing the care of these people, after being duly informed of the circumstances referred to in article 1. paragraph 138. 2, paragraph 1, subject to paragraph 2. 5 and 6.

2. Part of the survivor's pension, which an adult person other than mentioned in paragraph 1. 1, point 2, shall be paid, on application by that person – – to another person an adult ... entitled to part of the survivor's pension or to the person who had custody of the applicant before reaching the age of majority, after being duly informed of the circumstances referred to in article 1. paragraph 138. 2, paragraph 1.

3. in the event of disclosure of the circumstances causing the need to make the Division of a pension for the first time, or change the terms of the existing division of pensions, the scheme pays the alignment benefits from the month to disclose those facts.

4. The amounts paid before the Division of the survivor's pension for the period for which shall be determined by this Division: 1) shall be set off against the amounts conferred as a result of this Division, if this period is entitled to the alignment of performance;

2) not subject to investigation if, as a result of the split, it was found that for the period that are subject to the provision at a lower height.

5. in the case of orphan in a special facility in a children's home or in a nursing education survivor's pension together with for orphan shall be paid on a savings account in a Bank, indicated by the head of the facility or carer as laid down by the Court.

6. in the case of a stay in a special facility in a children's home or in a nursing education more than one orphan eligible for one of the survivor's pension, each of them shall be paid which part of pension and allowance for orphan. The provision of paragraph 1. 5 shall apply mutatis mutandis.

Article. 132. [Payment to persons residing abroad] 1. Pensioner who lived abroad, benefit is paid – at his request – a person authorized by him to receive, in the country or on the run in the country of payment account of the pensioner or his bank account, other than a payment account, or indicated by him, released in the country, its payment instrument, on which it is stored electronic money, unless an international agreement provides otherwise.

2. for the payment of benefits to persons entitled to the benefits provided for by kombatantach and some of the people who are the victims of repression, war and post-war period, residing abroad, shall apply the principles set out in those provisions.

Article. 133. [Payment again established the right to benefits] 1. In the event of a renewed determination by the scheme of the right to benefits or the amount of, or increased benefits shall be paid from the month in which was established the right to those benefits or to increase, but not earlier than: 1) from the month in which an application for retrial or decision of the authority, subject to article 22. 107a paragraph. 3;

2) for a period of 3 years immediately prior to the month referred to in paragraph 1, if the refusal or granting of lower benefits were the consequence of the error authority scheme or appeal.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis also in case of re-establish the right to benefits or the amount due to the resumption of proceedings before the appeal authorities or as a result of the appeal, except that for the month of application shall be one month of submission of an application for renewal of proceedings or Cassation.

Article. 134. [withheld] 1. Payment of benefits cease if: 1) there will be circumstances justifying the suspension of the right to benefits, or termination of this right;

2) a person that takes the provision even though the instruction or request authority scheme does not submit evidence the continued existence of the right to benefits;

3) a person entitled to benefits is not surrendered to the medical examination or psychological, without good cause, despite the request body scheme;

4) it turns out that there was no right to benefits;

5) the benefits cannot be delivered for reasons beyond the control of the authority.

2. the withholding of payment of benefits following from the month: 1) following the month in which came right to benefits established by periodic incapacity to work;

2) which was released on the decision to stop the payment in the cases referred to in paragraph 1. 1 paragraphs 1 to 4, or from next month, if the earlier cancellation of the distribution was not possible;

3) which are subject to the provision of undelivered in the cases referred to in paragraph 1. 1, paragraph 5.

3. the provision of paragraph 1. 2 paragraph 2 shall apply mutatis mutandis, if there will be circumstances justifying a reduction in the amount of benefits.

4. The decision to suspend payment of benefits does not appear in the cases referred to in article 1. 102 paragraph 1. 1 and paragraph 2. 2, paragraph 1 and 3.

Article. 135. [the resumption of payments] 1. In the event of cessation of the cause that has caused the cancellation of the distribution services, payment resumes from the month of cessation of the cause, but no earlier than the month in which an application for renewal payment or an ex officio decision on its renewal, taking into account paragraph 3. 2.2. In the cases referred to in article 1. paragraph 134. 1 point 5 payment to provide resumes from the month in which it was suspended, however, for a period not longer than 3 years preceding the month in which directly an application for renewal payment.

3. If the suspension of benefits was due to an error of the authority, the payment shall resume from the month in which it was suspended, however, for a period not longer than 3 years preceding the month in which directly an application for renewal payment or decision from the Office of her resume.

Article. 136. [Payment after the death of the person entitled] 1. In the event of death of the person who proposed a specific Act, the benefits payable to the date of death shall be paid to the spouse, children, with whom she shared household, and in their absence, to the spouse and children, with which that person did not have a common household, and in their absence, other members of the family who are entitled to a survivor's pension or maintain was this person.


2. Persons mentioned in paragraph 1. 1 have the right to participate in further proceedings for benefits, uncompleted due to the death of a person, which of these benefits.

3. claims for payment of the benefits referred to in paragraph 1. 1, expire after 12 months from the date of death of the person entitled to benefits, unless before the expiry of that period requested will be an application for the continuation of the proceedings.

Article. 136A. [to determine the amount of pension or survivor's pension entitlement for an incomplete month] 1. The amount of the pension entitlement for the incomplete month shall be determined by dividing the amount by the total number of calendar days in this month, and the resulting amount multiplied by the number of calendar days for that service.

2. in the event of the death of the pensioner withhold benefits follows from the month following the month in which the pensioner died.

Article. 136b. [remuneration paid to having the care of a pensioner, or a pensioner] 1. If it is apparent from the file necessary for the person entitled to a pension or a survivor's pension legal guardian, until the establishment of benefits may be paid to a person who has actual care of the pensioner, or a pensioner, after being duly informed of the need to inform the pension authority of incident circumstances that cause the termination or suspension of the right to provide or withhold the provision in whole or in part, and of the obligation to return by this person , where it has been downloaded unduly.

2. Benefit is paid to a person who has actual care of a pensioner, or a pensioner on the basis of a statement of the celebration of this care, certified by the authority which, by virtue of the tasks they have information about exercise this care.

Article. 137. (repealed) Chapter 4 reimbursement of unduly collected benefits, and deductions from benefits Article. 138. [obligation to return unduly collected benefits] 1. The person who unduly married benefits, is bound to return them.

2. unduly collected benefits within the meaning of paragraph 1. 1:1) benefits paid in spite of the circumstances that cause the termination or suspension of the right to benefits or the withholding of benefits, in whole or in part, if the person that takes the provision was informed about the lack of right to download them;

2) benefits granted or paid on the basis of false testimony or documents or in other cases of fraudulent misrepresentation by the pickup person.

3. For the unduly collected benefits within the meaning of paragraph 1. 1 shall also be paid for reasons independent of the scheme to a person other than indicated in the decision of this body.

4. You cannot claim the refund amounts unduly collected benefits for a period of more than 12 months, if the person that takes the provision of informed the authority scheme about the occurrence of the circumstances that cause the termination or suspension of the right to benefits or the withholding of benefits, in whole or in part, and yet the benefits have still paid in the rest of the cases-for a period longer than 3 years, subject to paragraph 2. 5.5. Amounts unduly collected benefits in connection with the achievement of the revenue referred to in article 1. paragraph 104. 1, shall be repaid for a period of not more than 1 calendar year preceding the year in which the decision about the settlement benefits, if the person that takes the service advised the authority scheme of revenue, in the rest of the cases, for a period of not more than 3 calendar years preceding the year of publication of the decision.

6. the scheme may waive the reimbursement of amounts unduly collected benefits in whole or in part, to reduce the amount of deductions, calculated in accordance with art. paragraph 140. 4, paragraph 1, or to suspend making these deductions for a period not exceeding 12 months, if there are particularly justified circumstances.

Article. 138a. [refund of benefits] operator of the payment account and bank and Credit Union cash credit unions leading the Bill other than the payments, as well as the Publisher of the payment instrument shall be required to pay the amount of the Undertaking benefits transferred to the account or the payment instrument, for the month following the month in which the death occurred the recipient; provision of art. 144 paragraph 1. 1 shall apply mutatis mutandis.

Article. 139. [set-off of receivables] 1. The cash benefits referred to in the Act – after deduction of contributions for health insurance and advances and other receivables income tax from individuals is deductible, taking into account article. 141, the following charges: 1) remuneration paid in the amount of the advance and the amount of the benefit or benefits under the settlement as specified in art. 98 paragraphs. 3;

2) amounts unduly taken pensions, annuities and other benefits in respect of: (a) the pension social security and supply) for the period before the date of entry into force of the Act, (b) social insurance), referred to in the Act on the social insurance system, together with interest for late payment in their repayment, c) of supply specified in separate regulations;

3) sum of enforced under the titles of regulations to meet the maintenance duties;

4) maintenance allowance deducted at the request of a creditor on the basis of the submitted by the writ;

5) sum of enforced under the titles of regulations to cover receivables other than maintenance payments;

6) the amount unduly collected benefits or care, family benefits and allowances for carers in the absence of the possibility of deduction from paid family allowances, beauty treatments, family benefits and allowances for carers, together with interest for late payment in their repayment, as well as the amount of personal assistance allowance paid for the period for which the allowance was granted to care;

6a) amount unduly collected Appendix a veteran victim;

7) amount unduly collected benefits from the alimony fund;

8) benefits paid in respect of social assistance if the payment is claimed their withholding, and fixed or periodic allowance benefit paid on the basis of the provisions of the social assistance for the period for which you were granted a retirement pension;

9) benefits and benefits paid on the basis of the provisions on employment and combating unemployment for the period for which you were granted the right to pensions;

10) in respect of remuneration for the stay of persons entitled to benefits in the homes of social assistance, educational or protective plants-caring-at the request of the directors of these institutions.

2. Deduction of contributions for health insurance may not exceed the advance payments and other income tax receivables from individuals.

3. Set-off of receivables listed in paragraph 1. 1 shall be made in the order listed in that provision.

4. When making deductions referred to in paragraph 1. 1 paragraph 4, shall be deducted in the first place, the maintenance backlog for the period indicated in the title of the regulations, provided the creditor claims that you have not otherwise paid by the debtor.

Article. 140. [deductions] 1. The set-off referred to in article 1. 139, may be made, subject to article 22. 141, within the following limits: 1) maintenance, referred to in article 1. paragraph 139. 1 paragraph 3 – up to 60% of the benefits;

2) claims enforced associated with: a) fee per stay in the homes of social assistance, b) fee per stay in educational establishments products, c) fee per stay in protective plant-care, up to 50% of the benefits;

3) other duties enforced – up to 25% of the benefits.

2. If the amount referred to in article 1. paragraph 139. 1, paragraph 3, are to be deducted for the benefit of several creditors, and the total amount that may be deducted, not enough to fully cover the enforced claims, the scheme shall transfer the withheld amounts after settlement of the enforcement authority. Until that decision, these amounts remain in the deposit facility.

2A. the provisions of paragraphs 1 and 2. 2 shall apply mutatis mutandis in the case of withholding amounts referred to in article 1. paragraph 139. 1, paragraph 5.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis in the case of overlapping of the execution of the sum referred to in article 1. paragraph 139. 1 paragraph 3, minus maintenance duties referred to in article 1. paragraph 139. 1 paragraph 4.

4. Set-off, subject to article 22. 141, may not exceed: 1) 50% of the monthly benefit-if the deduction shall be subject to the duties referred to in article 1. paragraph 139. 1 paragraphs 1 and 2 and in paragraphs 6 – 9;

2) 60% of the monthly benefit-if the deduction is subject to a maintenance allowance, referred to in article 1. paragraph 139. 1 paragraph 4;

3) 65% of the monthly benefit-if the deduction shall be subject to the duties referred to in article 1. paragraph 139. 1, paragraph 10.

5. If a maintenance allowance, referred to in article 1. paragraph 139. 1 paragraph 4, to be deducted for the benefit of several creditors, and the total amount that may be deducted, not enough for full coverage of these duties, deductions shall be determined in proportion to the amount of the contribution of each of these receivables total receivables referred to in titles of regulations for the current charges.

6. In the case of overlapping of: 1) deductions sum enforced, referred to in article 1. paragraph 139. 1 paragraphs 3 and 5, the deduction may not exceed the total of: (a)) 60% of the benefits, if the deductible maintenance duties, b) 50% of the benefits, if the deductible dues other than maintenance, subject to subparagraph (b). (c), (c)) 25% of the benefits, if the deductible only enforced duty, referred to in article 1. paragraph 140. 1 paragraph 3;


2) deductions sum enforced, referred to in article 1. paragraph 139. 1 paragraphs 3 and 5, with deductions other charges referred to in article 1. paragraph 139. 1 paragraphs 1, 2, 4 and 6 – 9 – shall apply mutatis mutandis provision (1) (a). (a) and (b);

3) deductions referred to in paragraph 1. 4 paragraph 1 and 2 shall apply mutatis mutandis provision (1) (a). (a) and (b).

6a. In the case of overlapping of deductions referred to in article 1. paragraph 139. 1, paragraph 10, of the deductions referred to in article 1. paragraph 139. 1 paragraphs 1 – 9, the deduction may not exceed 70% of the benefits.

7. The height of the provision subject to extra-judicial executions, referred to in paragraph 1. 1, and the amount of the deductions referred to in paragraph 1. 4, as well as the height of the benefit subject to the deductions referred to in paragraph 1. 6 and 6a, and established court judgment, court settlement or notarial percentage the amount of deductions from benefits under the maintenance duties without indicating how they charge, shall be determined from the amount of the benefit before deduction of monthly advance on income tax from natural persons and health insurance contributions.

8. the provisions of paragraphs 1 and 2. 1 to 7 shall apply mutatis mutandis in making deductions from the survivor's pension, to which more than one person is entitled, and the boundaries of the deductions shall be determined in proportion to the part of the pension subject to the deductions.

Article. 141. [amount of free from deductions and enforcement] 1. Pensions and annuities are exempt from execution and deductions, subject to paragraph 2. 2, in the section corresponding to: 1) 50% of the amount of the lowest pensions – depending on the type of drawn by the pensioner (rencistę) to provide-with withhold taxable by Treaty: a) royalties referred to in art. paragraph 139. 1 paragraph 3, together with the costs and charges with respect to enforcement, b) royalties referred to in art. paragraph 139. 1 paragraph 4, c) royalties referred to in art. paragraph 139. 1, paragraph 5, together with the costs and charges with respect to enforcement;

2) 60% of the amount of the lowest pensions – withhold taxable by treaty entitlements referred to in article 1. paragraph 139. 1 paragraphs 1 and 2 and 6 – 9;

3) 20% of the lowest pensions – withhold taxable by treaty entitlements referred to in article 1. paragraph 139. 1, paragraph 10.

2. The amount of the pensions granted taking into account the periods of insurance abroad, free from deductions and execution, shall be determined in proportion to the paid service.

3. the amounts free of deductions and the execution is fixed for pensions, together with all the increases, increases, allowances and other benefits paid with retirement or pension on the basis of separate provisions, with the exception of family benefits and for orphans complete, care and a veteran of the victim.

4. in the event of overlapping rights to two or more cash benefits amount free from execution and deductions shall be from one-higher benefits.

Article. 142. [the application of the provisions of the code of civil procedure or rules of enforcement proceedings in administration] in terms of unregulated in the article. 139-141 to enforcement with cash benefits shall apply mutatis mutandis the provisions of the code of civil procedure or rules of enforcement proceedings in administration.

Article. 143. [set-off the amount of alignment] if I qualify or increase the benefits for the period retroactive authority scheme have the right to deduct for the satisfaction of payments referred to in article 1. paragraph 139. 1 paragraphs 1 and 2, 4 and 6-10, the amount of compensation payable for the month preceding the month in which the decision establishing the right to benefits or the decision establishing the right to benefits in the elevated height.

Article. 143a. [refund] when making deductions due remuneration for the stay of persons entitled to benefits, referred to in article 1. paragraph 139. 1, paragraph 10, of this title provided for the period after the date of death of the recipient shall be reimbursed by the appropriate base or parent body in relation to that facility. Provision of art. paragraph 134. 1 paragraph 3 shall apply mutatis mutandis.

Article. 144. [Download benefits from unauthorized] 1. From unauthorised persons to retrieve the benefits referred to in this Act amounts unduly collected benefits referred to in article 1. paragraph 138. 2 and 3, shall be subject to recovery in the provisions on enforcement proceedings in administration, based on the final decision of the authority.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to persons, which pays a benefit reduced by achieving the revenue referred to in article 1. paragraph 104. 1, if you can not deduct unduly collected benefits referred to in paragraph 1. 1, on the principles set out in the Act.



DEPARTMENT X Provisions amending, transitional and final provisions Chapter 1 changes to the existing Article. 145. (omitted) Art. 146. (omitted) Art. 147. (omitted) Art. 148. (omitted) Art. 149. (omitted) Art. 150. (omitted) Art. 151. (omitted) Art. 152. (omitted) Art. 153. (omitted) Art. 154. (omitted) Art. 155. (omitted) Art. 156. (omitted) Art. 157. (omitted) Art. 158. (omitted) Art. 159. (omitted) Art. 160. (omitted) Art. 161. (omitted) Art. 162. (omitted) Art. 163. (omitted) Art. 164. (omitted) Art. 165. (omitted) Art. 166. (omitted) Art. 167. (omitted) Art. 168. (omitted) Art. 169. (omitted) Art. 170. (omitted) Art. 171. (omitted) Art. 172. (omitted) Chapter 2 transitional provisions Art. 173. [transitional provisions] 1. For insured persons born after 31 December 1948, who before the date of entry into force of the Act they paid social security contributions or the contributions they paid for premium payers shall be the initial capital.

1a. Initial capital shall be fixed for exempt from service: professional soldiers and police officers, the Office of State protection, the internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, the State fire service and the prison service, born after 31 December 1948, if before 1 January 1999, were they in the service and do not have a fixed right to the benefits referred to in the provisions on retirement pension.

1B. the provision of paragraph 1. 1a shall apply also to the officials referred to in paragraph 1. 1A, who upon release from service have acquired the right to supply police pension, and then lost it right in connection with the sentencing of final court for an intentional crime or tax offence intentional, indictable public prosecution, committed in connection with the performance of their duties and in order to achieve financial gain or personal, or for an offence referred to in article 1. 258 of the criminal code or to which has been declared legally means penalty of deprivation of rights public offence or tax offence committed prior to release from service.

2. Initial capital shall be equal to the amount calculated in accordance with the principles referred to in article 1. 174 multiplied by expressed in months, the average life expectancy determined in accordance with article 4. 26 paragraph. 3 for those aged 62 years.

3. The value of the initial capital shall be fixed on the date of entry into force of the Act.

4. The first initial adjustment shall be made on 1 June 2000 by multiplying the capital growth rate of average earnings from 1999, minus the calculated and deducted from the insured's contributions to the pension, disability and sickness, in relation to average earnings for 1998.

5. Other valorisation carried out from June 1, 2001, shall be made on the principles referred to in article 1. 25 paragraph 2. 3 – 5, 9 and 10 and in art. 25A. 5a. The third adjustment carried out since 1 June 2002, and shall be made on the principles referred to in article 1. 25 paragraph 2. 3-8 and 10 and in art. 25A. 6. The initial capital is checked in on the account of the insured person.

6a. As a result of the carried out initial capital adjustment may not be reduced.

Article. 174. [seed] 1. Initial capital shall be determined by the principles referred to in article 1. 53, taking into account paragraph 3. 2-12.

2. In determining the initial capital shall be completed before the date of entry into force of the Act: 1) the periods referred to in article 1. 6;

2) non-contributory periods referred to in article 1. 7 paragraph 5;

3) non-contributory periods referred to in article 1. 7, points 1 to 3 and 6 to 12, in the dimension of not more than specified in art. 5. 2.2a. In determining the initial capital to the periods of time referred to in article 1. 7 paragraph 5 shall apply. 53 paragraph 1. 1 point 2.

3. The base dimension of the initial capital shall be determined by the principles referred to in article 1. 15, 16, 17(1). 1 and 3 and art. 18, that a further period of 10 calendar years shall be determined from the period before 1 January 1999.

3A. the provision of article. 17 paragraph 1. 1 shall apply mutatis mutandis, if it can not be determined base initial capital, pursuant to art. 15 paragraph 1. 1 for an insured person who was born before 31 December 1968 due to a higher school, referred to in article 1. 7 paragraph 9.

3B. If the period indicated to determine the calculation basis for the initial capital covers the calendar year in which the insured person was in social insurance on the basis of Polish law only part of months of this year, to calculate the ratio of the sum of the amounts of contribution bases and amounts referred to in article 1. 15 paragraph 1. 3, during the period of this year to average earnings, shall be the sum of the average monthly wage as announced for the calendar year corresponding to the number of months remaining in the insurance.


4. For the calculation of the initial capital for the people with a fixed right to a pension for incapacity for work shall be adopted, at its request, an indicator of the amount of base pension adopted in the decision establishing the right to a survivor's pension for the first time or again establishing its height. In the case where a survivor's pension has been granted before 15 November 1991, to determine the initial capital takes the base height indicator is given as a result of the revalued, unless that date again was determined its height.

5. If, by reason of inability to determine the calculation basis of the pension amount is determined in the amount of the lowest pension, to determine the calculation basis for the initial capital shall be the lowest salary of employees in force in the period adopted for the calculation of the base pension.

6. the provisions of paragraphs 1 and 2. 5 shall apply mutatis mutandis to the determination of initial capital people deemed to be repatriated.

7. For the calculation of the initial capital shall be base amount of 100% of the average monthly salary in the second calendar quarter 1998.

8. For the calculation of the initial part of the base amount of 24% of this amount is multiplied by a factor proportional to the age of the insured person and the contribution period and non-contributory achieved by 31 December 1998 this coefficient shall be calculated according to the following formula: where: "p" means the coefficient;

age of the insured – means the age on 31 December 1998;

retirement age – 60 – for women and 65 for men;

length of insurance – means proven contribution period and the non-contributory;

required training – means 20 – for women and 25 men;

subject to paragraph 2. 12.9. Length of the insured person, as referred to in paragraph 1. 8, specifies in terms of full years, except that if the insured has more than 6 months of the internship over the full period, probably the shall be rounded up.

9A. the insurance Training and required training referred to in paragraph 1. 8, specifies in days, if it is for the insured.

10. The age of the insured person, as referred to in paragraph 1. 8, specifies in terms of full years, except that if, on December 31, 1998, the insured has more than 6 months more than a century, it has a full years when rounded up.

11. where, at the time of entry for the insurance for the first time, the insured person is under 18 years of age, in the model, referred to in paragraph 1. 8, number 18 is replaced by the actual age, which was insurance obligation.

12. The coefficient referred to in paragraph 1. 8:1) shall be rounded to the hundredths per cent;

2) may not be higher than 100%.

13. The value of the coefficient, calculated on the basis of paragraph 1. 8, depending on the gender, age of the insured and the insurance traineeship on 31 December 1998, is presented in the table annexed to this Act.

Article. 175. [determination of initial capital] 1. Insured and payers of contributions are required to pass the establishment, within the time limit and procedure prescribed by the scheme, documentation to determine the initial capital no later than 31 December 2006, the provisions of article 3. 115 paragraph 1. 1-3, art. 116 paragraph 1. 5, art. 117, 121, 122 paragraph 1. 1, art. 123, 124 and 125 shall apply mutatis mutandis.

1a. Payers of contributions are required to complete documentation to determine the initial capital for the insured, which shall provide for the establishment by roll call reports monthly, and then forward this documentation at the request of the authority of the scheme and within a period specified by the authority.

2. For those who do not remain in the insurance cover, the initial capital shall be fixed on their documented application.

3. determination of the initial capital in the form of the decision of the authority. Authority of the scheme shall issue a decision on the initial capital no later than 31 December 2006, the decision authority scheme the person concerned are entitled to the remedies specified in separate regulations.

4. Recalculation initial occurs in the circumstances referred to in paragraph 4. 114.5. The competent Minister in charge of social security shall determine, by regulation, detailed rules for cooperation of the establishment of the insured and payers of contributions in terms of determining the initial capital.

Article. 176. [tax base pensions in 1999.] The basis of the dimension of the pensions in 1999 is determined as specified in article 4. 15 paragraph 1. 4 and 5, the average assessment base social security contributions during the period of 10 calendar years chosen by the person concerned for the last 19 calendar years immediately prior to the year in which the reported request for retirement or a disability pension, or request for a recalculation of those benefits.

Article. 177. [base amount at the date of entry into force of the Act] on the date of entry into force of the law the base amount is 100% of the average monthly salary in the second calendar quarter 1998 is $ 1220.89.

Article. 178. [calculation of income for the period from 1 January 1999 to 31 May 1999] During the period from 1 January 1999 to 31 May 1999 to income referred to in article 2. paragraph 104. 8, does not count against paid by insured pension insurance contributions, pension and sick leave.

Article. 179. [Valorisation of pensions granted from salaries] from 1 January 1999, the retirement or survivors ' pensions granted from salaries achieved before that date on the basis of the provisions on retirement pension of persons referred to in art. 1 paragraphs 1 and 2. 2, are subject to an additional valuation indicator 104,3%.

Article. 180. [recalculation provide] 1. Persons who on the date of entry into force of the Act are entitled to pensions of incapacity and survivors ' pensions based on: 1) the provisions referred to in article 1. 195, 2) art. 19A of the Act of 24 May 1990 amending certain provisions on retirement pension (OJ item 206, 390 and 540), 3) of the law of 14 December 1990 on the regeneration of pensions for persons aged over 80 years, and amending some of the provisions on retirement pension (OJ, item 540)-retain the right to these benefits determined before the date of entry into force of the Act , subject to the provisions of paragraph 2. 2-5 and taking into account paragraph 3. 6-9.

2. The amount of benefits for persons listed in paragraph 1. 1 paragraphs 1 and 3, which throw an application for increase referred to in article 1. 56, is calculated by adding the increase to the amount of the benefit. The amount of the pension along with those increases shall not exceed 100% of the calculation basis. The provisions of article 4. 73 paragraph 2. 3 and 4 shall apply mutatis mutandis.

3. where the person referred to in paragraph 1. 2, shall be entitled to a pension or a survivor's pension in the amount of the lowest benefits, the increase referred to in article 2. 56, shall be before the increase to the amount of the lowest.

4. To determine the amount and payment of survivors ' rights at the date of entry into force of the Act the provisions of art. 74 and 131 shall apply mutatis mutandis.

5. benefits referred to in paragraph 1. 1 and 2, shall be paid from the Fund, except that the costs of those benefits in proportion to the part of contributory pensions, increase with respect to the payment of social security contributions of farmers for the entire period of farm work proven, including falling earlier than 25 years before the right to a pension or survivor's pension and the increase to the amount of the lowest pensions – are subject to the relevant refunds from pension fund scheme specified in the legislation on social insurance of farmers.

6. the pensions referred to in paragraph 1. 1, are subject to adjustment on the principles set out in the Act.

7. If an application for redetermination of the amount: 1) by adding not included so far in terms of the provision of non-contributory or contributory periods shall apply. 112 and 113;

2) by changing the period from which the basis of the contribution shall be taken as the basis for the dimension of benefits, shall apply mutatis mutandis to article. 110 or article. 111.8. To determine the amount of benefits for persons listed in paragraph 1. 1 paragraph 1, which throw an application for conversion to the mining work periods, shall apply mutatis mutandis the provisions of article 4. 51 or 52.

9. in the event of the grant of a pension to a person who previously had established the right to a survivor's pension for incapacity for work, shall be all the periods taken into account in the decision granting the pension for incapacity for work or the fixing of the amount.

Article. 181. [Mining survivor's] right to mining of the survivor's pension determined on the basis of the provisions of the Act, referred to in article 1. 195, paragraph 6, shall retain his widow who has married again before the date of entry into force of this Act, if: 1) teaches at least one of the children, grandchildren or siblings, be entitled to a survivor's pension of the deceased husband;

2) after the date of entry into force of this Act reaches the age of 50 years old or become unable to work, if not bringing up at least one of the children, grandchildren or siblings, are entitled to a survivor's pension of the deceased husband.

Article. 182. [notification of applications for retirement within scheme] insured persons born after 31 December 1948, which do not apply article. 46-47, 50, 50a, 50e and report applications for retirement directly in the body of the scheme.


Article. 183. [the amount of the pension for persons born after 31 December 1948.] 1. The old-age pension granted at the request of the insured person born after 31 December 1948, with the exception of insured persons who downloaded pension on the basis of the provisions of article 4. 46 or 50, as long as that person was not a member of the open pension fund or has submitted an application to transfer the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget, which has reached the age of entitlement to a pension in the calendar year 2009, are as follows: 1) 80% of the retirement pension calculated on the basis of the article. 53 and 2) 20% of the pension calculated on the basis of the article. 26.2. A pension granted at the request of the insured person, referred to in paragraph 1. 1, who has reached the age of entitlement to a pension in the calendar year 2010, are as follows: 1) 70% of the pension calculated on the basis of the article. 53 and 2) 30% of the retirement pension calculated on the basis of the article. 26.3. A pension granted at the request of the insured person, referred to in paragraph 1. 1, who has reached the age of entitlement to a pension in the calendar year 2011, is: 1) 55% of the retirement pension calculated on the basis of the article. 53 and 2) 45% of the retirement pension calculated on the basis of the article. 26.4. A pension granted at the request of the insured person, referred to in paragraph 1. 1, who has reached the age of entitlement to a pension in the calendar year 2012, is: 1) 35% of the pension calculated on the basis of the article. 53 and 2) 65% of the retirement pension calculated on the basis of the article. 26.5. A pension granted at the request of the insured person, referred to in paragraph 1. 1, who has reached the age of entitlement to a pension in the calendar year 2013 or 2014, is: 1) 20% of the pension calculated on the basis of the article. 53 and 2) 80% of the retirement pension calculated on the basis of the article. 26.6. To determine the amount of the retirement pension referred to in paragraph 1. 1-5, be subject to the pensions insurance and the pension system after the date of the grant of a pension apply art. 108. Article. 183a. [exclusion of application of the provisions of the Act], the provisions of article 4. 183 shall not apply to pensions granted to insured persons who have acquired pension rights pursuant to art. 50A or 50e.

Article. 184. [Pension for persons employed under special conditions or in a special nature] 1. Insured persons born after 31 December 1948 shall be entitled to a pension after reaching the age provided for in article 8(2). 32, 33, 39 and 40, if on the date of entry into force of the Act have achieved: 1) the period of employment under special conditions or in particular as required in the regulations existing for entitlement to a retirement pension at the age less than 60 years for women and 65 years for men and 2) the period of contributory and non-contributory, referred to in article 1. 27.2. A pension referred to in paragraph 1. 1, have provided nieprzystąpienia to an open pension fund or submit an application for the transfer of the funds in the account in an open Pension Fund, through the establishment, on the income of the State budget.

3. in determining the calculation basis of the pension of the insured person who has made an application to transfer the funds in the account in an open Pension Fund on revenue of the State budget, contributions for pension insurance, checked in on his account at the plant, is increased by multiplying the reverse indicator 19,52/12.22 inches, which is the ratio of the full amount of the contributions to the pension insurance for the amount of checked-in to the account of the insured person.

Article. 185. [fixing of the initial capital for people in early retirement] 1. In determining the amount of the pension for persons who acquire the right to a retirement pension at the age referred to in article 4. 184 the initial capital shall be calculated by adding to the contributory periods period equal to the difference between the retirement age, as referred to in article. 24, and the actual age of retirement. To a revaluated initial capital shall apply the provisions of art. paragraph 173. 3-6.

2. the periods referred to in paragraph 1. 1, shall be determined to the nearest full month.

Article. 185a. [the conversion of the initial capital] 1. In determining the amount of the pension for persons who acquire the right to a retirement pension at the age referred to in article 4. 24 paragraph. 1A and 1b and article. 184, the initial capital shall be calculated by adding to the non-contributory periods the periods referred to in article 1. 7 paragraph 9, before 1 January 1999, in a dimension not exceeding 1/3 of the contributory periods proven to request retirement. To a revaluated initial capital shall apply the provisions of art. paragraph 173. 3-6.

2. Non-contributory periods referred to in paragraph 1. 1, shall be determined to the nearest full month.

Article. 186. [the application of the provisions of the Act] 1. Consideration on the basis of the law shall be subject to the findings: 1) persons who do not meet the conditions required to obtain a right to a pension or a survivor's pension on the basis of the provisions of the existing, if they match the conditions to obtain benefits under the Act;

2) people who have submitted new evidence affecting the right to benefits or the amount.

2. the provisions of this Act shall apply to applications for benefits reported: 1) from the date of entry into force of the Act;

2) before the date of entry into force of the law, if at least one of the conditions for entitlement to benefits have been met, starting from that day.

3. [10] applications people born before 1 January 1949, that until the entry into force of this Act shall not have notified the application for retirement, even though they fulfilled the conditions for entitlement to this benefit – the provisions of laws and Decree referred to in article 1. 195 on the conditions of entitlement to a retirement pension, unless the provisions of the Act are for those people.

4. The right to a pension referred to in article 1. 28 paragraph 1. 3 of the Act, referred to in article 1. 166, in the version in force until the entry into force of this Act, retains Deputy or senator that until 31 December 1997 has complied with the conditions for its grant.

Article. 187. [Rule in cases of incapacity for work] to rule in cases of incapacity for work, people who have established the right to a survivor's pension on the basis of the provisions in force at the date of August 31, 1997, in cases when these persons are designated test their degree of incapacity for work, followed by using the provisions of article 4. 12-14.

Article. 188. [set-off in respect of outstanding contributions] Deductions for outstanding social security contributions of the insured person, which is at the same time, payer contributions, for the period prior to the acquisition of the right to operate at retirement, incapacity pension or a survivor's pension after the insured persons, established before the date of entry into force of the Act, shall be made on the principles set out in the Act for the benefits payable in the amount of the advance.

Article. 189. [Conversion benefits transferred abroad] until external convertibility of the Golden benefits transferred abroad, on the basis of international agreements, shall be converted from dollars to foreign currency (convertible) at the exchange rate of the currency, applicable on the day of the conversion by the scheme.

Article. 190. [pensioner serving imprisonment] 1. The members of the family of a pensioner, a penalty involving deprivation of liberty pursuant to a decision of the Court, which has vested pensioner benefits, in whole or in part, shall be deemed as from the date of entry into force of the Act by a person referred to in art. paragraph 130. 3 paragraph 2, without indication by the person entitled to benefits.

2. persons that shall be paid to provide specified by law, after being duly informed of the circumstances referred to in article 1. paragraph 138. 2, paragraph 1.

3. If the judgment is found not guilty or umarzającego proceedings pensioner shall be paid for the entire period of deprivation of liberty falling before the date of entry into force of the Act, part of the provision, which payment was withheld on the basis of article. paragraph 85. 1 or 4 of the Act referred to in article 1. 195, paragraph 5.

Article. 191. [recalculation provide] 1. Recalculation services, taking into account the new contributory periods referred to in article 1. 6 paragraph 1. 2, paragraph 8, at the request of the person concerned, except that the provision in the higher amount is paid from the month in which this proposal was thrown, and no earlier than the date of entry into force of the Act.

2. for pensions subject to suspension or reduction with a view to achieving the income in 1998 shall apply instead of the provisions of article 4. 103-106, the provisions of article 4. 24 and 25 of the Act, referred to in article 1. 195, paragraph 9.

3. for the deductions and the execution of cash benefits referred to in the Act, to be made on the basis of the provisions existing as of the date of entry into force of the Act, the provisions of art. 139-141, 143 and 144.

Article. 192. [the provisions on retirement pension of workers and their families] Whenever the provisions refer to provisions on retirement pension of workers and their families, and the value adjustments of pensions, the rules for determining the pensions and amending certain acts, understood the reference to the legislation on pensions and pensions from the social insurance fund.

Article. 193. [payment of benefits] 1. Sickness allowance to which the right referred to in the provisions referred to in article 1. 147, 149, 154, article. 195 points 2 and 3 were built before the date of entry into force of the Act, shall be paid in the amount and on the terms specified in the provisions existing for the entire period of uninterrupted incapacity for work due to illness.

2. the provision of paragraph 1. 1 the compensatory allowance applies, maternity care, and rehabilitation benefits.

3. rehabilitation allowance granted when the download is complete, sickness allowance fixed according to the previous provisions shall be determined taking into account the calculation basis for sickness allowance fixed according to existing rules.


Article. 194. [regulations] until the implementing rules provided for in this Act shall remain in force regulations issued on the basis of laws and Decree referred to in article 1. 195, if they are not contrary to the provisions of this Act.

Article. 194a. [Recalculating pensions] 1. Pensions and pension rights on the basis of the law, which have been calculated from the base amount which is less than 100% of average earnings, shall be subject to the terms.

2. The conversion of pensions for incapacity for work is recalculated the benefits from the base amount referred to in paragraph 1. 4 and 5.

3. the conversion of the survivor's pension is to reboot its calculation as the appropriate percentage of the benefits that the deceased would have received, revaluated in accordance with paragraph 1. 2.4. For benefits for pensioners and pensioners born before 1 January 1930, increases base amount to: 1) 96.5% of average earnings adopted to determine the amount on the date of its grant, from 1 March 2005;

2) 100% of the average remuneration adopted to determine the amount on the date of its grant, from 1 March 2006.

5. For benefits for pensioners and pensioners born after 31 December 1929 increases base amount to 100% of the average remuneration adopted to determine the amount on the date of its grant-from 1 March 2008.

6. The exchange rate is subject to pension and pension increase under the applicable adjustment date on which the right to benefits in the converted amount, (a) if the payment was delayed with respect to the valuation per in the period up to the date of its renewal.

7. Pensions and annuities shall be converted from Office, and if the payment of benefits is suspended-after her resume.

Article. 194b. [One-time payment] 1. People who download the benefits established in the amount of not more than the amount of the lowest pensions are entitled to a one-time payment of: 1) 100 zł-for retirement, a pension for total incapacity for work or survivor's pension;

2) 75 zł-for recipients of a survivor's pension in respect of partial incapacity for work.

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

3. one-time payment is not entitled in this calendar year, the increase of pensions.

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

Article. 194c. [request for recalculation of the pension] If during the period from 1 January 2009 to 30 September 2011, the pensioner received a retirement pension, to which a right is suspended from 1 October 2011 on the basis of article. 103a, may submit a request for recalculation of the pension on the principles referred to in article 1. 194d-194h, unless you downloaded the old-age pension as a result of this suspension for at least 18 months.

Article. 194d. [rules of the amount of the retirement pension] If a request for recalculation of the pension experience retiree, that provision has been calculated in accordance with article 5. 53, the amount of the pension is calculated anew in accordance with this provision.

Article. 194e. [basis for calculating pensions] 1. Retiree who has retired pursuant to art. 24 paragraph. 1 and the amount has been calculated in accordance with article 5. 26, may submit a request for recalculation of the pension on the terms referred to in paragraph 1. 2-5.

2. The amount of the pension is calculated according to the rules referred to in article 1. 26.3. The basis for the calculation of the pension is the amount of contributions to the pension, taking into account the valuation of contributions zewidencjonowanych to the account of the insured person to the end of the month preceding the month of application a recalculation pensions and zwaloryzowanego initial capital after deduction of the amount equal to the product of the amount charged the pension at the date of its grant for the first time in the amount before deducting the advance on income tax from natural persons and health insurance contributions and the number of months getting this pension.

4. To determine the amount of the pension shall be the age of the insured person on the day of notification of the request for recalculation.

5. If the request for recalculation of the pension made a member of the open Pension Fund, provision of art. paragraph 108. 2A shall apply mutatis mutandis.

Article. 194f [recalculation of the pension of the insured person born after 31 December 1948.] If a request for recalculation of the pension experience retiree, awarded the pension on the basis of art. 24 paragraph. 1 and the amount has been calculated in accordance with article 5. 183 paragraphs 1 and 2. 1 or 2, the amount of the pension shall be determined in accordance with article again. 183 paragraphs 1 and 2. 1 or 2-, that the basis for the calculation of pensions in part determined in accordance with article 8. 26, taking into account the principles referred to in article 1. 194e paragraph. 3, shall be reduced in proportion to the part of the pension calculated in accordance with art. 183 paragraphs 1 and 2. 1 paragraph 2 or paragraph 3. 2 paragraph 2.

Article. 194g. [application of the provision of article 194e Act] the provisions of art. 194e applies to pensions, calculated in accordance with article 5. 55. Article. 194h. [the term request] 1. Recalculation of the pension is at the request of the requested no earlier than after termination of insurance and pensions.

2. If, as a result of the renewed determination of pension is lower, the provision in the previous height.

3. determination of the amount of the pension in accordance with article 5. 194c-194g can only occur once.



Chapter 3 of the final provisions and repealing Article. 195. [the provisions repealed] are hereby repealed: 1) art. 2 (1) (a). a & e article. 3, art. 4 paragraph 1. 1 paragraph 3 and paragraph 4. 6, art. 6 paragraph 1, art. 7 paragraph 1. 1, paragraphs 1 and 2. 2 paragraph 3 and paragraph 4. 3, art. 9, art. 10, art. 11, art. 12. 13. 17, art. 18, art. 19 paragraph 1 and article. 20 of the Act of 27 September 1973 on retirement pension and their families (OJ 1983, poz. 145, as amended);

2) art. 6 paragraph 1. 1 paragraphs 4 and 7, paragraph 1. 2, paragraph 3, article. 15-18, art. 24, art. 33 para. 1-3 and art. 41 of the law of 19 December 1975 on social insurance of people performing work on the basis of the agency contract or contract (Journal of laws of 1995.333 and 617, from 1996 poz. 461, 1997, item 153 and 1998. poz. 887);

3) art. 1, 2, 3, paragraph 3, 5, and 9, paragraph 1. 2 paragraph 3 and paragraph 4. 3, art. 13 – 16, art. 18-20, art. 22, art. 25, art. 26, art. 28 of the Decree of 4 March 1976 on social insurance of members of agricultural production cooperatives and cooperatives of agricultural circles and their families (OJ 1983 item 135, 1989 item 190, 1990, item 206, 1995, item 17, from 1996 poz. 461 and 1997, item 153);

4) art. 5 paragraphs 4 and 7, art. 9, art. 11 (1). 1 paragraph 3 and paragraph 4. 2, art. 12. 15 paragraph 1. 2 and 3, article. 16, art. 17, art. 21, art. 29, art. 31 the Act of 18 December 1976 on social insurance of persons carrying on economic activities and their families (OJ 1989, item 250, as amended);

5) Act of 14 December 1982 on retirement pension of workers and their families (OJ, item 267, as amended);

6) Act of 1 February 1983 on retirement pension for miners and their families (Journal of laws of 1995, item 154, 1997, item 153 and 1998.473);

7) Act of 28 April 1983 on retirement pension of railway workers and their families (OJ, item 99, 1985 item 85, 1990, item 206, 1997.272 and 1998.431);

8) art. 7 paragraph 1. 1 paragraphs 4 and 7, paragraph 1. 2, paragraph 3, article. 11, art. 12 paragraph 3, article. 17, 21, 22, 24, 25, 33, 34, 36 and 37 of the Act of 17 May 1989 on the social insurance of the clergy (OJ item 156, as amended);

9) Act of 7 October 1991 on the revalued pensions, rules for determining the pensions and on amendments to certain laws (OJ poz. 450, with further amendments);

10) art. 2-4 of the Act of 30 June 1994 amending the law on retirement pension for miners and their families and amending certain other acts (OJ No. 385, and in 1997, item 164);

11) Act of 25 October 1996 on the adjustment of pensions and on amendments to certain laws (OJ item 636).

Article. 196. [entry into force] this Act shall enter into force on 1 January 1999, except that article. 182 shall enter into force on 1 January 2004.



Annex 1. [THE VALUE OF]

The annex to the Act of 17 December 1998.

The VALUE of the Men for the full amount of the base probably age part of the social element of 24% of the base amount allocated in the initial capital: 25 65 Training 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% 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% 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% 0.00% 0.00% 0.00% 8.25% 0.00% 0.00% 0.00% 0.00% 0.00% 21 5.05% 7.15% 8.75% 11.30 0.00 0.00%%% 10.11% 0.00% 0.00% 0.00% 0.00% 0.00% 22 5.83% 8.25% 10.11% 11.67% 14.29% 0.00% 0.00% 13.05% 0.00% 0.00% 0.00% 0.00% 23 6.52% 9.23% 11.30% 13.05% 14.59% 0.00% 0.00% 17.26% 15.98% 0.00% 0.00% 0.00% 24 7.15% 10.11% 12.38% 14.29% 15.98% 17.50% 18.91% 0.00% 0.00% 0.00% 20.21% 0.00% 25 7.72% 10.92% 13.37% 15.44%


17.26% 18.91% 20.42% 21.83% 0.00% 0.00% 0.00% 23.16% 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%% 38.04% 36.09 39.89% 41.67% 36 12.38% 17.50% 21.44% 24.75% 27.68% 30.32% 32.75% 35.01% 37.13%% 41.05% 39.14 42.88% 37 12.72% 17.98% 22.03% 25.43% 28.43% 31.15% 33.64% 35.97%

40.21% 44.05% 42.17% 38.15% 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%% 37.02% 34.27 31.28% 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%% 47.94% 45.48 42.88% 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%% 51.36% 48.73 45.94% 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% men part of the social element of 24% of the base amount allocated in the initial capital: length 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% 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 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%% 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 34.89% 29% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 37.81 36.44% 30% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 37.92 31% 0.00% 0.00% 40.74% 39.36%

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%% 46.59% 45.19 43.76 0.00 0.00 0.00%%%% 0.00% 0.00% 0.00% 0.00% 34 42.07% 43.66% 45.19% 46.68%% 0.00% 0.00% 49.51 48.11% 0.00% 0.00% 0.00% 0.00% 35% 43.37 45.01% 46.59%% 51.03% 49.59 48.11% 0.00% 0.00% 0.00% 52.43% 0.00% 0.00% 36% 44.63 46.31% 47.94% 49.51% 51.03% 52.51%% 0.00% 0.00% 55.35 53.95% 0.00% 0.00% 37 45.85% 47.58% 49.25% 50.86% 52.43% 53.95% 55.43%

0.00 0.00%% 58.27% 56.87% 0.00% 38% 47.04%% 53.79% 48.82 50.53 52.19% 55.35% 56.87% 58.35% 61.19% 0.00% 0.00% 59.79% 48.20 39% 50.02% 51.78% 53.47% of 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%% 62.57% 64.11% 60.98 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%% 72.87% 71.34 69.77% 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%% 72.41% 70.74 74.03% 75.63% 47% 56.64 58.78% 60.85%% 64.77% 66.65% 62.84 68.48% 70.26%% 75.34% 73.69 71.99% 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% 60.78%% 62.91% 58.56 49 64.97% 66.97% 68.91% 72.64%% 74.43% 70.80 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% men part of the social element of 24% of the base amount allocated in the initial capital: length 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% 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% 69.95 41% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 72.87% 71.46 42% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 43% 72.93 74.38% 0.00% 0.00% 0.00% 75.79% 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%% 83.13% 81.68 0.00 0.00 0.00%%% 84.55% 0.00% 0.00% 47% 78.55%% 81.63% 83.13 80.11 84.60% 86.05% 87.47% 0.00% 0.00% 0.00% 0.00% 48 79.89% 81.48% 83.03%% 87.52% 88.97% 86.05 84.55% 0.00% 0.00% 0.00% 90.39% 81.21 49% 82.82% 84.40% 87.47%% 88.97% 85.95 90.44% 91.88% 0.00% 0.00% 93.31% 50% 82.51%% 88.87% 87.32 84.15 85.75% 90.39% 91.88%

93.35% 94.80% 96.23% 0.00% Women for the full amount of the base probably age part of the social element of 24% of the base amount allocated in the initial capital: 20 60 Length 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% 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% 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% 0.00% 0.00% 0.00% 9.76% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 21 5.98% 8.45% 10.35% 11.95% 0.00% 0.00% 0.00% 13.36% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 22 6.90% 9.76% 11.95% 13.80% 0.00% 0.00% 16.90% 15.43% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 23 7.72% 10.91% 13.36% 15.43% 17.25% 0.00% 0.00% 20.41% 18.90% 0.00% 0.00% 0.00% 0.00%

0.00% 24 8.45% 11.95% 14.64% 16.90% 18.90% 20.70% 0.00% 0.00% 23.90% 22.36% 0.00% 0.00% 0.00% 0.00% 25 9.13% 12.91% 15.81% 18.26% 20.41% 22.36% 24.15% 0.00% 0.00% 27.39% 25.82% 0.00% 0.00% 0.00% 26 9.76% 13.80% 16.90% 19.52% 21.82% 23.90% 25.82% 27.60% 0.00% 0.00% 30.86% 29.28% 0.00% 0.00% 27 10.35% 14.64% 17.93% 20.70% 23.15% 25.35% 27.39% 29.28% 31.05% 0.00% 0.00% 34.33% 32.73% 0.00% 28 10.91% 15.43% 18.90% 21.82% 24.40% 26.73% 28.87% 30.86% 32.73% 34.50% 0.00% 0.00% 37.80% 36.19% 29 11.44% 16.18% 19.82%

22.89% 28.03% 30.28 32.37 25.59%%% 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%% 40.82% 42.82% 38.73 36.51% 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%% 47.18% 51.29 49.28% 44.99% 53.23% 36 14.64% 20.70% 25.35% 29.28% 32.73% 35.86%% 43.92% 46.29% 41.40 38.73% 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%% 46.29% 43.64 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% 28.03% 22.89 16.18% 32.37% 36.19% 39.64% 42.82% 45.77% 48.55% 51.18% 53.67%% 60.55% 58.35 56.06% 41 16.55% 23.40% 28.66% 33.09%% 40.53% 37.00 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% 43.92% 40.09% 47.43% 50.71% 53.79%% 59.46% 56.69 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%% 68.14% 65.47 62.68% 70.71% 49 19.21% 27.17% 33.27% 38.42% 42.96% 47.06% 50.83%% 57.63% 63.71% 60.75 54.34% 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 the social element of 24% of the base amount allocated in the initial capital: length 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% 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% 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% 48.18 31% 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% 0.00 0.00 51.64% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%% 33% 51.75 53.45% 0.00% 0.00% 0.00% 55.10% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 34 53.45%

55.21% 0.00% 0.00% 58.55% 56.90% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 35% 55.10 56.90% 58.66% 62.01% 0.00% 0.00% 60.36% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 36% 56.69 58.55% 60.36% 62.11% 0.00% 0.00% 65.47% 63.81% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 37 58.25% 60.16% 62.01%% 65.56% 67.26% 63.81 68.92 0.00 0.00 0.00%%%% 0.00% 0.00% 0.00% 0.00% 38% 59.76%% 63.62% 65.47 61.72 67.26% 69.01%% 0.00% 0.00% 72.37 70.71% 0.00% 0.00% 0.00% 0.00% 61.24 39% 63.25% 65.19% 67.08% 68.92% 70.71%

72.46% 74.16% 0.00% 0.00% 0.00% 75.83% 0.00% 0.00% 40% 62.68 64.73% 66.73% 68.66% 70.54% 72.37% 74.16%% 77.61% 79.28% 75.91 0.00 0.00 0.00 0.00%%%% 41% 64.09 66.19% 68.23% 70.20% 72.13%% 77.61% 79.36% 75.83 74.00% 81.06% 0.00% 0.00% 0.00% 82.74% 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%% 79.06% 80.92% 77.15 75.20% 82.74% 84.52% 86.26% 87.97% 89.64% 0.00% 44 68.14% 70.37% 72.54% 74.64%% 78.68%% 80.62 76.69 82.52% 84.37% 86.19% 87.97%

89.71% 91.42% 93.09% 69.44 45% 71.71% 73.92% 76.06%% 82.16% 84.09% 80.18 78.15% 85.98% 87.83%% 93.16% 94.87% 91.42 89.64% 46% 70.71 73.03% 75.28% 77.46% 79.58% 81.65% 83.67% 85.63% 87.56% 89.44%% 94.87% 96.61% 93.09 91.29% 47% 71.96 74.32% 76.61% 78.83% 83.09%% 85.15% 80.99 87.15% 89.11% 91.03%% 94.74%% 96.55 92.90 98.32% 73.19 48% 75.59%% 80.18% 82.38% 77.92 84.52%% 90.63% 88.64 86.60% 92.58% 94.49% 96.36% 98.20% 100.00% 49 74.40% 76.84% 79.21%% 85.91% 88.03% 83.74 81.50% 90.11% 92.13% 94.11%% 99.82% 97.96 96.05% 100.00% 75.59 50%

78.07% 82.81%% 85.08% 80.47 87.29% 89.44%% 95.62% 97.59% 93.61 91.55% 99.52% 100.00% 100.00% of Women part of the social element of 24% of the base amount allocated in the initial capital: length 29 30 31 32 33 34 age 16 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%% 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% 23 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%% 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 32%%,%% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 33 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% 35 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% 37 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% 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 42%%,%% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 43 0.00 0.00 0.00 0.00 44%%,%% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 96.55 45%

0.00% 0.00% 0.00% 0.00% 98.32 100.00% 46% 0.00% 0.00% 0.00% 100.00 100.00 100.00%% 47% 0.00% 0.00% 0.00% 100.00 100.00 100.00%% 48% 0.00% 0.00%% 100.00 100.00 100.00 100.00%% 49% 100.00 100.00 100.00% 50 0.00%%% 100.00 100.00 100.00 100.00%%%% 100.00% [1] on the basis of paragraph 5 of the judgment of the Constitutional Court of 7 may 2014 (OJ. 684) art. 26B, in so far as obtaining permission under the conditions provided for therein is not limited and it is not harmonised with the zrównaniem the retirement age for women and men, is incompatible with article 2. 2, art. 32 and article. 33 of the Constitution. Article. 26B; the field has lost power may 26, 2014.

[2] on the basis of the judgment of the Constitutional Court dated May 13, 2014 (OJ. 683) art. 70 paragraph 1. 3 to the extent that a divorced wife permission to obtain the survivor's pension makes from the requirement on the death of her husband the right to maintenance from his site, established only by judgment or settlement, is incompatible with article 2. 67 paragraph 1. 1 in connection with article. 32 paragraph 1. the Constitution of POLAND. Article. 70 paragraph 1. 3 in ww. the field has lost power may 26, 2014.

[3] the amount of out of date. From March 1, 2016. the amount of $ 208.67 on the basis of paragraph 2 (a). and social insurance Chairman message) of 15 February 2016. in case the amount of the lowest pensions, attendance allowance and allowance for orphans complete and maximum amounts of reductions of pensions (M.P. item 168).

[4] the amount of out of date. From March 1, 2016. the amount of $ 392.20 on the basis of paragraph 2 (a). (b)) the message of the President of the social insurance of 15 February 2016. in case the amount of the lowest pensions, attendance allowance and allowance for orphans complete and maximum amounts of reductions of pensions (M.P. item 168).

[5] the amount of out of date. From March 1, 2016. the amount of $ 882.56 based on (1) (a). and social insurance Chairman message) of 15 February 2016. in case the amount of the lowest pensions, attendance allowance and allowance for orphans complete and maximum amounts of reductions of pensions (M.P. item 168).


[6] the amount of out of date. From March 1, 2016. the amount of $ 676.75 based on (1) (a). (b)) the message of the President of the social insurance of 15 February 2016. in case the amount of the lowest pensions, attendance allowance and allowance for orphans complete and maximum amounts of reductions of pensions (M.P. item 168).

[7] the amount of out of date. From March 1, 2016. the amount of $ 882.56 based on (1) (a). and social insurance Chairman message) of 15 February 2016. in case the amount of the lowest pensions, attendance allowance and allowance for orphans complete and maximum amounts of reductions of pensions (M.P. item 168).

[8] on the basis of the judgment of the Constitutional Court of 13 November 2012 (OJ item 1285) art. 28 of the Act of 16 December 2010, amending the law on public finances and some other laws (Journal of laws. # 257, item. 1726) in conjunction with article. 103a of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227; ost. OJ from 2012. 251), added by art. 6 paragraph 2 of the Act, in so far as it is applicable to persons who have acquired the right to a pension before 1 January 2011, without the need for termination of employment, is incompatible with the principle of the protection of citizen's trust to the State and statute law resulting from the article. 2 the Constitution of POLAND. Article. 28 in ww. the field has lost the power of 22 November 2012.

[9] Lost power on March 15, 2005, in so far as the retroactive adoption prevented real income of retirees and pensioners, achieved during the period from 1 January to 26 August 1999, in respect of the conduct of non-agricultural activities, in an amount lower than the revenue giving rise to the dimension of the social insurance contributions within the meaning of the social security system, in accordance with the judgment of the Constitutional Court of 8 March 2005 (OJ l. # 41, poz. 401) [10] has lost the power of 17 January 2000, in so far as it makes from birth before 1 January 1949. application-applications for retirement reported after the date of entry into force of the Act – the provisions of the regulation of the Council of Ministers of 15 May 1989 on entitlement to early retirement employees caring for children requiring constant care (OJ l. # 28, item. 149 and 1999 No. 61, item. 679), based on the judgment of the Constitutional Court dated 4 January 2000 (OJ l. # 2, item. 26).

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