Key Benefits:
THE NOTICE
MARSHAL OF THE SEJM OF THE REPUBLIC OF POLAND
of 12 October 2016
on the announcement of a single text of the Act on Individual Retirement Accounts and Individual Retirement Security Accounts
1. Based on art. 16 ust. First sentence of the Act of 20 July 2000. about the announcement of normative acts and certain other legal acts (Dz. U. of 2016 r. items 296 and 1579) are published in the Annex to this Leniency Notice, with a single text of the Act of 20 April 2004. on individual pension accounts and individual accounts of the pension insurance (Dz. U. of 2014 items 1147), taking into account the changes introduced:
1) by the Act of 15 May 2015. -Restructuring law (Dz. U. Entry 978),
2) by the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844),
3) by the Act of 31 March 2016. to amend the Act on Investment Funds and certain other laws (Dz. U. Entry 615),
4) by the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996)
and changes resulting from the provisions announced before 11 October 2016.
(2) The text of the single law specified in the Annex to this notice does not cover:
1. 456 of the Act of 15 May 2015. -Restructuring law (Dz. U. Entry 978), which provides:
" Art. 456. The Act shall enter into force on 1 January 2016, with the exception of:
1. 5, which shall enter into force on 1 February 2018;
2. Article 148 and Art. 149, which shall enter into force on 1 September 2015;
3. Article 428 point 138 as regards the Article 227, which shall enter into force after 14 days from the day of the announcement. ';
2) reference No 1 and Article 504 of the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844), which constitute:
" 1) This Act:
1) implements Directive 2009 /138/EC of the European Parliament and of the Council of 25 November 2009. on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II) (Dz. Urz. EU L 335, 17.12.2009, s. 1, from late. zm.);
2) in the scope of its regulation implements Directive 2013 /14/EU of the European Parliament and of the Council of 21 May 2013. Amending Directive 2003 /41/EC on the activities of institutions for occupational retirement provision and supervision of such institutions, Directive 2009 /65/EC on the coordination of laws, regulations and administrative provisions relating to to undertakings for collective investment in transferable securities (UCITS) and Directive 2011 /61/EU on alternative investment fund managers with regard to the excessive reliance on credit ratings (Dz. Urz. EU L 145 of 31.05.2013, s. 1);
3) serves the application of the Commission Delegated Regulation (EU) 2015/35 of 10 October 2014. supplementing Directive 2009 /138/EC of the European Parliament and of the Council of the European Parliament and of the Council on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II) (Dz. Urz. EU L 12 of 17.01.2015, s. 1);
4) to apply Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014. on documents containing key information on the retail products for collective investment and insurance for investment products (PRIIP) (Dz. Urz. EU L 352 of 09.12.2014, s. 1, from late. zm.). "
" Art. 504. The Act shall enter into force on 1 January 2016, with the exception of:
1. 478, which shall enter into force on the day following the day of the announcement;
2. Article 3 para. 1 points 4, 5, 12, 17, 21, 23 to 25, 29, 32, 44 and 48 and paragraph 1. 6 and 7, art. 44, art. 374-377, art. 387, art. 390, art. 395, art. 397, art. 398, art. 404, art. 405, art. 416-418, art. 464 pt. 1 lit. a-in the field of art. 3 point 2a (c) and Article 2 (2) (a) 500, which shall enter into force after 14 days from the date of the announcement;
3. Article 18, art. 19 and art. 21, which shall enter into force on 1 April 2016;
4. Article 4 par. 11 point 3, which shall enter into force on 1 August 2016;
5) art. 291, art. 335 (1) 7 and 8, art. 410 para. 5 and 6 and art. 412 (1) 5, which shall enter into force on 1 January 2019. ';
(3) reference No 1 and Article 65 of the Act of 31 March 2016. to amend the Act on Investment Funds and certain other laws (Dz. U. Entry 615), which constitute:
" 1) This Act:
1) implements Directive 2011 /61/EU of the European Parliament and of the Council of 8 June 2011. on the management of alternative investment funds and amending Directives 2003 /41/EC and 2009 /65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ C L thereof, p. Urz. EU L 174 of 01.07.2011, str. 1, from late. zm.), Directive 2013 /14/EU of the European Parliament and of the Council of 21 May 2013. Amending Directive 2003 /41/EC on the activities of institutions for occupational retirement provision and supervision of such institutions, Directive 2009 /65/EC on the coordination of laws, regulations and administrative provisions relating to to undertakings for collective investment in transferable securities (UCITS) and Directive 2011 /61/EU on alternative investment fund managers with regard to the excessive reliance on credit ratings (Dz. Urz. EU L 145 of 31.05.2013, p. 1), Directive 2013 /50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004 /109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003 /71/EC European Parliament and the Council on the prospectus to be published when securities are offered to the public or admitted to trading, and Commission Directive 2007 /14/EC laying down detailed rules for the implementation of certain provisions Directive 2004 /109/EC ( Urz. EU L 294 of 06.11.2013, p. 13, of late. zm.) and Directive 2014 /91/EU of the European Parliament and of the Council of 23 July 2014. amending Directive 2009 /65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, policies salaries and sanctions (Dz. Urz. EU L 257, 28.08.2014, p. 186);
2) to apply Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013. on European venture capital funds (Dz. Urz. EU L 115 of 25.04.2013, str. 1) and Regulation of the European Parliament and the Council (EU) No 346/2013 of 17 April 2013 on European funds for social entrepreneurship (Dz. Urz. EU L 115 of 25.04.2013, str. 18). '
" Art. 65. The Act shall enter into force after 30 days from the date of the announcement. ';
(4) reference No 1 and Article 389 of the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996), which constitute:
" 1) This Act implements:
-Directive 2014 /59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for remedial actions and restructuring and orderly winding-up for credit institutions and investment firms and amending Council Directive 82/891/EEC and Directive of the European Parliament and Council 2001 /24/EC, 2002 /47/EC, 2004 /25/EC, 2005 /56/EC, 2007 /36/EC, 2011 /35/EU, 2012 /30/EU and 2013 /36/EU and of Regulation (EU) No 1093/2010 of the European Parliament and of the Council and (EU) No 648/2012 (Dz. Urz. EU L 173 of 12.06.2014, str. 190),
-Directive 2014 /49/EU of the European Parliament and of the Council of 16 April 2014 on deposit-guarantee schemes (Dz. Urz. EU L 173 of 12.06.2014, str. 149). '
" Art. 389. The Act shall enter into force three months after the day of the announcement, with the exception of:
1. 351 point 2, art. 361 points 1 and art. 363 point 3, which shall enter into force on the day following the day of the announcement;
2. Article 106, which shall enter into force on 11 February 2017 '.
Marshal of the Sejm: M. Kuchciński
Annex 1. [ The Act of 20 April 2004. o individual pension accounts and individual accounts of the pension guarantee]
Annex to the Notice of the Marshal of the Sejm of the Republic of Poland
of 12 October 2016 (pos. 1776)
ACT
of 20 April 2004
with individual pension accounts and individual pension insurance accounts
Chapter 1
General provisions
Article 1. The Act sets out the rules for the collection of savings on individual pension accounts, hereinafter referred to as the "IKE", and on the individual accounts of the pension protection, hereinafter referred to as "IKZE", and payments, transfer payments, withdrawals, the partial reimbursement and reimbursement of the funds collected in those accounts.
Article 2. The terms used in the Act shall mean:
1) IKE-extracted record in the register of investment fund participants, separate account of securities or other account on which financial instruments other than securities are stored and money account used for handling such accounts in a brokerage business, or an segregated account in an insurance capital fund, a separate bank account in a bank, an isolated account of IKE in the voluntary pension fund, carried out on the rules defined by the law and, to the extent that it is unregulated, on the rules laid down in the rules applicable to those accounts and registers;
(1a) IKZE-a separate record in the register of participants in the investment fund, the separate account of the securities or any other account on which financial instruments other than securities are stored and the money account of the to handle such accounts in a brokerage business, or an isolated account in an insurance capital fund, a separate bank account in a bank, a separate IKZE account in a voluntary pension fund, carried out in accordance with the rules laid down by the law and, in the case of non-regulated matters, the rules laid down in the rules applicable to those accounts and registers;
2) the collection of savings-making payments, transfer payments and accepting transfer payments, and investing funds on IKE or IKZE;
3) saver-a natural person who collects funds on IKE or IKZE;
4) deposit-the payment of funds made by the saver on IKE or IKZE or transfer of the loans from securities collected on IKE or IKZE savers;
5) measures-cash, insurance units of a capital fund, units of investment fund shares, settlement units of the voluntary pension fund, securities and other non-financial securities financial instruments referred to in Article 2. 1 point 2 (a) c and d of the Act of 29 July 2005. marketing of financial instruments (Dz. U. of 2014 items 94, z późn. 1. 1) ), stored on IKE or IKZE;
6) 2) an investment fund-an open investment fund or a specialised investment fund opened within the meaning of the Act of 27 May 2004. o Investment funds and the management of alternative investment funds (Dz. U. of 2014 items 157, of late. 1. 3) );
(7) a brokerage house-a brokerage house or a brokerage bank within the meaning of the Act of 29 July 2005. the trading of financial instruments;
8) 4) insurance undertaking-insurance undertaking conducting insurance business in the field of insurance, referred to in Section I in Group 3 of the Annex to the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844 and from 2016. items 615);
9) bank-a national bank within the meaning of the Act of 29 August 1997. -Banking law (Dz. U. of 2015 items 128, of late. 1. 5) );
9a) voluntary pension fund-voluntary pension fund set up by the universal pension company, in accordance with the provisions of the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2016 r. items 291 and 615);
10) financial institution-investment fund, brokerage entity, insurance undertaking, bank, voluntary pension fund, conducting IKE or IKZE;
11) pension scheme-an occupational pension scheme within the meaning of the Act of 20 April 2004. about occupational pension schemes (Dz. U. of 2016 r. items 1449);
12) authorized persons-persons designated by the saver in the IKE or IKZE contract, which will receive the funds from IKE or IKZE in the event of his death, the persons referred to in art. 832 § 2 of the Act of 23 April 1964 -Civil Code (Dz. U. of 2016 r. items 380, 585 and 1579), and heirs of savers;
13. payment-a one-off payment or payment in instalations of the funds collected on the IKE or IKZE made in favour of:
(a) the saver, subject to the conditions laid down in the Article. 34 par. 1 point 1 or art. 34a par. 1 point 1, or
(b) persons entitled, in the event of death of savers;
(14) transfer payment-payment by:
(a) the transfer of funds collected by the saver on IKE to another financial institution that operates IKE,
(b) the transfer of funds collected by savers on the IKZE to another financial institution operating in the IKZE,
(c) the transfer of funds collected on IKE from the IKE deceased to the IKE person or to the pension scheme to which he has acceded,
(d) the transfer of funds collected in IKZE from the IKZE to the IKZE of the eligible person,
(e) the simultaneous repurchase of units in a single investment fund and the acquisition of units in another investment fund managed by the same company for cash obtained from the repurchase of units (conversion), provided that repurchase units and purchased units are recorded on IKE or IKZE savers,
(f) the transfer of funds collected by the savings-saving IKE to the pension scheme to which the savers have acceded, or to the transfer of funds from the pension scheme to IKE, in the cases set out in the Act of 20 April 2004. occupational pension schemes;
15) reimbursement-withdrawal of all funds collected on IKE or IKZE, if no payment or transfer payment is made;
15a) partial reimbursement-withdrawal of part of the funds collected on the IKE system, if there are no reasons for the payment or transfer payment;
16) the Supervisory Authority-the Financial Supervision Commission, referred to in the Act of 21 July 2006. on the supervision of the financial market (Dz. U. of 2016 r. items 174, 615, 888 and 996);
(17) primary contribution - a contribution paid by the employer to the pension scheme;
18) personal data-first name, surname, date of birth, address of residence and PESEL number or passport number or other document confirming the identity in the case of persons who do not hold Polish citizenship;
19) 6) a syndicated receiver within the meaning of the Act of 28 February 2003. -bankruptcy law (Dz. U. of 2015 items 233, z późn. 1. 7) ) and a court supervisor or a manager within the meaning of the Act of 15 May 2015. -Restructuring law (Dz. U. of 2016 r. items 1574 and 1579).
Article 3. 1. The right to deposit on IKE or IKZE shall be entitled to a natural person who has completed 16 years.
2. The minor shall have the right to make payments on IKE or IKZE only in the calendar year in which he receives income from work performed on the basis of a contract of employment.
Article 4. 1. The saving on IKE shall have the right to tax exemption on the basis and in the mode specified in the income tax regulations of individuals, if, on the basis of a written agreement for the conduct of IKE, it collects savings only on one IKE, with subject to Article 14 and 23.
2. The saving on the IKZE has the right to deduct from the income of the payments on the IKZE on the basis and in the mode specified in the income tax regulations from natural persons, if on the basis of the contract of conduct of the IKZE it collects savings only on one IKZE, with subject to Article 14 and 23.
Article 5. On IKE or IKZE, only one saver can accumulate savings.
Article 6. The natural person who made the transfer payment from IKE to the pension scheme in a given calendar year shall not enter into an IKE contract this year.
Article 7. 1. A natural person shall declare before the conclusion of an IKE contract that:
1) does not collect funds for IKE conducted by another financial institution, subject to art. 23, and that in a given calendar year did not make a transfer payment from the previously held IKE to the pension scheme, or
2) has an IKE system operated by another financial institution, giving the name of the institution and confirming that it will make the transfer payment.
2. In the case referred to in paragraph. 1 point 1, if the person making the declaration reached the age of 55, in the statement also confirms that he has not paid the funds collected on the IKE in the past.
3. Before the submission of the statement referred to in paragraph. 1, the financial institution receiving such a declaration shall be obliged to instruct the saver that in the event of giving the truth or concealing the truth it shall be subject to the liability provided for in art. 233 of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137) and that in the case of collecting savings on more than one IKE, subject to art. 14 and 23, taxation, on the basis of and in accordance with the procedure laid down in the personal income tax regulations, are subject to the income generated by the collection of savings on all IKE. In the statement referred to in paragraph 1. 1, the saver confirms that he has been instructed of criminal responsibility for making a false statement.
4. In the statement referred to in paragraph. 1, the saver confirms that he has been instructed about the consequences:
1) collecting savings on more than one IKE and
2) the signing of an IKE contract in the calendar year in which the transfer was made from the previously held IKE to the pension scheme.
Article 7a. 1. Prior to the conclusion of an agreement for the conduct of the IKZE, the natural person shall make a declaration that:
1) does not collect funds on IKZE in another financial institution, or
2) collect the funds on the IKZE in another financial institution, giving the name of the institution simultaneously and confirming that it will make the transfer payment.
2. Before the submission of the statement referred to in paragraph. 1, the financial institution receiving such a declaration shall be obliged to instruct the saver that in the event of giving the truth or concealing the truth it shall be subject to the liability provided for in art. 233 of the Act of 6 June 1997. -Penal Code. In the statement referred to in paragraph 1. 1, the saver confirms that he has been instructed of criminal responsibility for making a false statement.
Article 8. 1. IKE or IKZE is conducted on the basis of a written agreement concluded by the saver, hereinafter referred to as the "IKE or IKZE conduct agreement":
1) with an investment fund, or
(1a) with a voluntary pension fund, or
2. with a brokerage entity for the provision of services consisting in the execution of orders for the acquisition or disposal of financial instruments and the holding of a securities account and a cash account, or
3) with the insurance undertaking-life insurance with the insurance fund capital fund, or
4) with the bank to conduct a bank account.
2. The saving shall have the right to change the financial institution running its IKE or IKZE, making the transfer payment.
3. Savings may collect funds on IKE or IKZE in an insurance capital fund collected under the life insurance contract with an insurance capital fund, concluded before the date of signing the IKE or IKZE contract, provided that the funds collected on the IKE or IKZE are registered separately and that the insurance undertaking guarantees the possibility of making the transfer of funds collected on IKE or IKZE to another financial institution, taking into account the rules referred to in art. 29.
4. Savings may collect funds on IKE or IKZE under a service agreement consisting in the execution of orders to acquire or divest financial instruments and conduct the account of securities and cash account concluded before the date of signature of the IKE or IKZE contract, provided that the means collected on the IKE or IKZE are recorded separately.
Art. 8a. Entities listed in Article 8 ust. 1 shall be subject to the provision of data contained in the agreements referred to in Article 3. 9, at the request of the administrative enforcement body referred to in art. 19 of the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. of 2016 r. items 599, 868, 1228, 1244 and 1579) and the central liaison office referred to in Art. 9 of the Act of 11 October 2013. of mutual assistance in the investigation of taxes, customs duties and other monetary charges (Dz. U. Entry 1289 and 2015 items 211).
Article 9. 1. The agreement to conduct an IKE or IKZE shall specify in particular:
1) an IKE or IKZE designation enabling it to be identified;
2) the means of marking the disposal of the funds collected on IKE or IKZE;
3) the way of proceedings of the financial institution in the event that the sum of the payments made by the saver on IKE or IKZE in a given calendar year exceeds the maximum amount of the payments determined in accordance with art. 13 or Article 13a;
4) the scope, frequency and form of information saving on the funds collected on IKE or IKZE;
5) costs and charges chargeable to the saver in connection with the conduct of IKE or IKZE, in the area of unregulated regulations referred to in art. 12;
6) period of termination of the contract;
7. the time limit for payment, transfer payment, partial reimbursement and reimbursement;
7a) conditions of payment in instalments, including the number of instalments, in the case of payment in instalments;
8) a way of dealing with loans from securities collected on IKE or IKZE savers.
2. In the case of signing an agreement for the conduct of IKE or IKZE with the insurance undertaking, the contract shall also include:
1) determining the rules on which the insurance undertaking extracts from the paid contribution a part intended for the account of IKE or IKZE in the insurance capital fund and indicates the purpose for which the remaining part of the insurance premium is intended;
2. determining what part of the contribution is deducted for the purpose referred to in point 1, and shall not be transferred to the account referred to in art. 19 point 3.
Article 10. 1. The financial institution accepting the declaration referred to in art. 7 ust. 1 point 2, it spends the IKE policy confirmation of the IKE contract, hereinafter referred to as "the confirmation of the IKE contract".
2. The financial institution shall issue an acknowledgement of the conclusion of the IKE agreement to the saver also in the event of the intention to transfer funds collected in the pension scheme to the savings IKE system.
3. The confirmation of the conclusion of the IKE contract should contain the personal data of the saver and the name of the financial institution with which the saver entered into the contract, and the number of the account to which the transfer payment should be made.
4. In the event of a transfer payment, the saver may only make the payment after the transfer of funds transferred from the existing IKE institution, unless the situation referred to in Article 4 is present. 14 para. 1, and the saver has signed an agreement to conduct IKE with another financial institution.
Article 10a. 1. The financial institution accepting the declaration referred to in art. 7a ust. 1 point 2, gives the saving on the IKZE a confirmation of the conclusion of an agreement for the conduct of the IKZE, hereinafter referred to as "the confirmation of the conclusion of the IKZE agreement".
2. The confirmation of the conclusion of the IKZE agreement should contain the personal data of the saver and the name of the financial institution with which the saver entered into the contract, and the number of the account to which the transfer payment should be made.
3. In the event of a transfer payment, the saver may make the payment only after the impact of the funds transferred from the current IKZE institution, unless there is a situation referred to in art. 14 para. 1, and the saver has entered into an agreement for the conduct of the IKZE with another financial institution.
Article 11. 1. In an agreement to conduct IKE or IKZE, the saver can indicate one or more persons to whom the funds collected on IKE or IKZE will be paid in the event of his death.
2. The position referred to in paragraph 2. 1, may be changed at any time.
3. If the saver pointed out several persons entitled to receive the funds after his death, and did not mark their participation in these measures or the sum of the marked shares is not equal to 1, the shares of those persons shall be deemed equal.
4. Indication of the person entitled to receive the funds after the death of the saver becomes ineffective if the person has died before the death of the saver. In this case, the share which was intended for the deceased shall be in the equal parts of the other persons indicated, unless the saver will make such participation in any other way.
5. In the absence of the persons indicated by the saving measures collected on the IKE or IKZE enter the inheritance, except when the contract for the conduct of the IKE or IKZE has been concluded with the insurance company. In that case, the provisions of Article 4 (1) 831 and 832 of the Act of 23 April 1964. -Civil Code.
Article 12. The rules for the conduct of IKE or IKZE, as well as the mode and conditions for concluding and termination of the IKE or IKZE contract, shall specify:
1) the statutes of the investment fund-in the case of the investment fund;
(1a) the statutes of the voluntary pension fund, in the case of a voluntary pension fund;
2) the rules of conduct of the account of the securities and cash account-in the case of the entity conducting the brokerage activity;
3) the general terms and conditions of insurance and the rules of insurance of capital funds-in the case of an insurance undertaking;
4) a bank account agreement-in the case of a bank.
Article 13. 1. The payments made to IKE in the calendar year may not exceed the amount corresponding to three times the average forecast monthly salary in the national economy for the given year, as defined in the Budget Act or the Law on the Provitaorium to the budget or to their projects, if the relevant laws have not been adopted.
1a. Where the amount determined in the manner set out in the paragraph 1 will be lower than the amount announced in the previous calendar year, then the amount of the payments made on IKE announced in the previous calendar year is in force.
2. In the case of IKE conducted under the life insurance contract with the insurance capital fund, the restriction referred to in paragraph. 1, refers to the part of the insurance premium that is paid to IKE.
3. If, by the end of the calendar year preceding the year in which the contributions to the IKE are made, there are no grounds referred to in paragraph 1. 1, to determine the average monthly monthly wage forecast in the national economy, as a basis for establishing the amount referred to in paragraph. 1, the average monthly remuneration of the third quarter of the previous year shall be taken.
4. The Minister responsible for Social Security shall announce in the Official Journal of the Republic of Poland "Monitor Polski" until the end of the calendar year preceding the year in which the deposits on the IKE will be made, by means of a notice, the amount the amount referred to in paragraph 1.
5. When the amount specified in the notice referred to in paragraph is exceeded. 4, the financial institution shall be obliged to transfer the overpaid amount in the manner specified in the agreement to conduct IKE.
6. The provisions of the paragraph. 1 shall not apply to transfer payments.
7. Payments made by a minor on the IKE shall not exceed the income obtained by him in a given year, from the work performed on the basis of a contract of employment, and shall not be higher than the amount referred to in paragraph. 1.
Art. 13a. 1. Payments made to the IKZE in a calendar year shall not exceed the amount corresponding to 1,2 times the average monthly monthly salary forecast in the national economy for the given year as defined in the Budget Act or the Law on the Provision to the budget or to their projects, if the relevant laws have not been adopted.
2. Where the amount determined in the manner specified in the paragraph 1 shall be lower than the amount announced in the previous calendar year, the amount of the payments made on the IKZE announced in the previous calendar year.
3. In the case of IKZE carried out under the life insurance contract with the insurance capital fund the restriction referred to in paragraph. 1, refers to the part of the insurance premium which is paid to the IKZE.
4. If, by the end of the calendar year preceding the year in which the contributions to the IKZE are made, there are no grounds referred to in paragraph. 1, to determine the average monthly monthly wage forecast in the national economy, as a basis for establishing the amount referred to in paragraph. 1, the average monthly remuneration of the third quarter of the previous year shall be taken.
5. When the amount specified in the notice referred to in paragraph is exceeded. 8, the financial institution shall be obliged to transfer the overpaid amount in the manner specified in the contract for the conduct of the IKZE.
6. Paragraph Recipe 1 does not apply to transfer payments.
7. Payments made by a minor on the IKZE shall not exceed the income earned by him in a given year from work carried out on the basis of a contract of employment and shall not be higher than the amount referred to in paragraph. 1.
8. The Minister responsible for Social Security shall announce in the Official Journal of the Republic of Poland "Monitor Polski" until the end of the calendar year preceding the year in which the contributions to the IKZE will be made, by means of a notice, the amount the amount referred to in paragraph 1.
Article 14. 1. In the case of:
1) opening the liquidation of the financial institution,
2) 8) declaring a bankruptcy or a final dismissal of a request for a declaration of bankruptcy or a waiver of the insolvency proceedings of a financial institution, if its assets are not sufficient to satisfy the costs of the proceedings or the opening of proceedings restructuring,
3) the final decision of the supervisory authority to withdraw the permit or in the event of an expiry of the permit to operate the activity of the financial institution running IKE or IKZE,
4) 9) the issuance by the Polish Financial Supervision Authority of a decision to suspend the activities of the bank and the establishment of the board of directors, unless it has been established before, and the appeals to the competent court with the application for a declaration of bankruptcy or the opening of restructuring proceedings
-the institution, the executive board or the receiver shall be obliged, within 30 days of the occurrence of the event, to inform the saver, subject to the provisions of Article 4 (2) of the Rules of procedure. 28.
2. The notification referred to in paragraph 2. 1, it shall also include at least the following information:
1) the time limit within which the saver is obliged to provide confirmation of the conclusion of the contract or the confirmation of accession to the pension scheme to the entities mentioned in the paragraph. 3, in order to make the transfer payment, and
2) the consequences of the failure to provide the confirmations referred to in point 1 within 45 days from the date of receipt of the notification.
3. In order to make the transfer payment the saver, within 45 days from the date of receipt of the notification referred to in paragraph. 1, is obliged to conclude an agreement for the conduct of IKE or IKZE with another financial institution and to provide confirmation of the conclusion of the agreement or, in the case of accession to the pension scheme, to provide confirmation of accession to the programme pensions, respectively, of an institution which has been established so far by IKE or IKZE, which is a saver or a
4. 10) In the event of failure to comply with any of the obligations referred to in paragraph 1. 3, by savers, if it does not meet the conditions for payment referred to in art. 34 par. 1 point 1 or in Article 46 or in Art. 34a par. 1 point 1, there is a refund of the funds granted in the winding-up, bankruptcy or proceedings determining the way in which the payment of the guaranteed funds is carried out, as referred to in the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996), on the basis of the regulations appropriate to the data of financial institutions conducting IKE or IKZE.
5. 10) If the savers meet the conditions referred to in paragraph 1. 3, respectively the financial institution, the board of directors, the syndicate or the Insurance Guarantee Fund referred to in the Act of 22 May 2003. on compulsory insurance, the Insurance Guarantee Fund and the Polish Office of Communications Insurance Ininsurers (Dz. U. of 2013 r. items 392, with late. 1. 11) ), in the case of satisfying the claims of the agreements referred to in art. 8 ust. 1 point 3, or the Bank Guarantee Fund, referred to in the Act of 10 June 2016. o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, in the case of satisfying claims from the agreements referred to in art. 8 ust. 1 point 4, are obliged to make the transfer payment of the funds allocated to the saver in winding-up proceedings, insolvency proceedings or proceedings determining the way in which the payment of the guaranteed funds is carried out, referred to in the Act of 10 June 2016 o Bank Guarantee Fund, deposit guarantee scheme and forced restructuring, on IKE or IKZE indicated in the confirmation of the conclusion of the contract.
6. Upon delivery of the confirmation of the conclusion of the contract or the confirmation of accession to the pension scheme, respectively, the institution so far leading the IKE or IKZE saver, the board of directors or the receiver shall send, within 14 days, counted from the day to provide confirmation, to:
1) the financial institution with which the saver has entered into an agreement to conduct an IKE or IKZE, or
(2) the manager of a pension scheme within the meaning of the provisions on occupational pension schemes to which the saver has acceded, hereinafter referred to as "the managing authority";
-the information referred to in Article 21 (1) 2.
Article 15. 1. The funds collected on IKE or IKZE can be charged with pledge. The settlement of the claim secured by the IKE pledge is treated as a partial refund or reimbursement. Satisfaction of the claims secured by the pledged pledge from IKZE is treated as a return.
2. (repealed)
Article 16. Supervision over the conduct of IKE and IKZE by financial institutions shall be exercised by the supervisory authority.
Article 17. 1. Financial institutions shall be obliged to provide the half-yearly and annual information on the conducted IKE or IKZE to the Supervisory Authority, by the end of July for the last six months and by the end of January for the previous year.
2. The Supervisory Authority shall be obliged to draw up and communicate to the Minister responsible for the social security of the semi-annual and annual summary information about IKE or IKZE conducted by supervised financial institutions, by the date of day 31 For the last half of August and the last day of February for the previous year.
3. The Council of Ministers shall determine, by means of a regulation, the scope of the information referred to in paragraph. In order to ensure that the information necessary for the development of voluntary measures for the development of voluntary austerile forms is necessary, and in order to ensure that the information necessary for the development of voluntary measures is to be provided by the Minister responsible for the development of voluntary savings, Pension income from the general pension scheme.
Article 18. Only IKE or IKZE financial institutions in accordance with the Act are entitled to determine their activities or to use in advertising the terms "individual retirement account" or " individual security account retirement "and the abbreviation" IKE "or" IKZE ".
Chapter 2
IKE or IKZE marking and system control
Article 19. The funds collected by the savers on IKE or IKZE are recorded on the extracted:
1) an entry in the register of participants in the investment fund;
1a) an account in the voluntary pension fund;
2) a securities account and a cash account serving to serve it in a brokerage entity;
3) an account in the insurance fund of the capital fund;
4) bank account in the bank.
Article 20. All savers ' dispositions regarding the measures to be collected on IKE or IKZE shall be marked in such a way as to enable them to be identified.
Article 21. 1. The financial institution records all the operations on IKE or IKZE that were made during the period during which the institution was conducting IKE or IKZE.
2. If the transfer is made available to another financial institution or to a pension scheme, the former financial institution shall transfer the financial institution or the managing authority together with the payment to the other financial institution. transferor, as follows:
1) personal data of savers;
2. either the date of first payment or the date of acceptance of the first transfer payment, whichever is the earlier;
3. the sum of the payments in respect of each calendar year and the name of the financial institution accepting the payment;
4) on the amount and dates of transfer payments adopted on the IKE or IKZE sparing and the name of the financial institution or about the managing data and the data of the employer conducting the pension scheme, within the meaning of the employee regulations the pension schemes which make these payments;
5. on the amount and dates of transfer payments made, and in the case of transfer of securities or cash collected in the entity conducting brokerage activity also of the type and quantity of these securities, and of the name the financial institution or the management data and the employer's data for the pension scheme to which the transfer payment is made;
(5a) the amount and dates of the partial reimbursement and the name of the financial institution making a partial reimbursement;
5b) of the current value of the funds derived from the deposits on IKE or IKZE;
6) a total of basic contributions paid in the event that a transfer from the pension scheme has been paid to the saver on the savings IKE basis.
3. The information referred to in paragraph. 2, also include data provided by all previous financial institutions conducting IKE or IKZE savers.
4. The financial institution, making the transfer payment of funds collected on IKE or IKZE who died on IKE or IKZE of the person entitled or to the pension scheme to which he has been entitled, shall transfer the financial institution accordingly. conducting an IKE or IKZE authorised or managing the information specified in the mouth. 2 point 5, together with the transfer title.
5. The Minister responsible for public finance in agreement with the Minister responsible for social security shall determine, by means of a regulation, the model of the information referred to in paragraph 1. 2, as well as the deadline and the procedure for its transmission, taking into account the need to ensure the correctness of the transfer of IKE or IKZE data between financial institutions or from financial institutions to the pension scheme.
Article 22. 1. The financial institution or the receiver, making the payment referred to in art. 34 par. 1 point 1, art. 34a par. 1 point 1 or art. 46, are obliged to draw up and provide information on the payment of the one-off payment or to make the payment of the first instalment to the head of the tax office competent for the saver in matters of taxation of income tax on persons on the physical, within a period up to 7 the day of the month following the month of payment.
2. The saving, prior to payment, shall be obliged to inform the financial institution or the receiver of the income tax payable by natural persons of the savers of the treasury office and, where the payment is made on -for the benefit of IKE-to present the decision of the pension authority to grant the right to a pension, if the saver has not completed 60. year of life.
3. The information referred to in paragraph 1. 1, contains:
1) data identifying IKE or IKZE;
2) personal data of savers;
3) the date of the first deposit or the date of acceptance of the first transfer payment, depending on which of these events occurred earlier;
4. the sum of the payments in each calendar year;
5) the amount and dates of transfer withdrawals adopted on the IKE or IKZE sparing and information on the name of the financial institution or the management data and the data of the employer conducting the pension scheme, making those withdrawals;
(5a) the amount and dates of the partial reimbursement and the name of the financial institution making a partial reimbursement;
(6) the sum of the basic contributions paid in the event that a transfer from the pension scheme has been paid to the saver on the savings exchange;
7. the amount and date of payment;
8) a copy of the decision of the pension authority to grant pension rights, if the saver on IKE did not complete 60. year of life.
4. Failure to comply with the obligation to save the obligation referred to in paragraph 4. 2, the financial institution will not make a payment.
5. The Minister responsible for public finance in agreement with the Minister responsible for social security shall determine, by means of a regulation, the model of the information referred to in paragraph 1. 3, as well as the way in which it is to be transmitted, taking into account the need to ensure that the sparing authority can be verified
Chapter 3
IKE or IKZE in investment funds
Article 23. In the case referred to in Article 8 ust. 1 point 1 the saver may conclude an IKE or IKZE agreement with the different investment funds managed by the same investment fund company, provided that the total amount of the contributions to the funds in the calendar year does not exceed the amounts referred to in Article 13 or Article 13a.
Article 24. The saver may convert the units of the fund into units of other investment funds conducting IKE or IKZE managed by the same company.
Article 25. 1. In the case of a merger of investment funds, the fund acquiring the investment fund, in which savers collected funds on IKE or IKZE, notifies savers, in the form specified in the IKE or IKZE management contract, within 14 days on the day that the event is connected to the event and the number of units allocated to the saver and the number of units allocated to the saver.
2. The notification referred to in paragraph 2. 1, shall contain the information referred to in Article 3. 14 para. 2 only if the investment fund acquiring IKE or IKZE does not conduct IKE or IKZE.
Article 26. Where the acquisition of the management of an investment fund by another investment fund company causes the saver to have units recorded on the IKE or IKZE in the investment funds managed by different the association of investment funds, shall apply mutatis mutandis. 14.
Chapter 4
IKE or IKZE in brokerage institutions
Article 27. 1. The agreements referred to in art. 8 ust. In accordance with the provisions of the Act of 29 July 2005, point 2 provides for the placement of assets in dematerialised securities in accordance with the provisions of the Act of 29 July 2005. on the trading of financial instruments, subject to paragraph. 2.
2. Contracts referred to in art. 8 ust. Article 1 (2) may allow for the possibility of filing, for the sole purpose of limiting investment risks, orders for non-securities, financial instruments referred to in Article 3 (1) (b), (c) and (c) of the Financial Regulation 2. 1 point 2 (a) c and d of the law referred to in paragraph 1. 1, if their price depends on the price of securities recorded on IKE or IKZE savers, and provided that they are traded on a regulated market.
3. In the case referred to in paragraph. 2, the contract should also specify the manner of proceedings of the operator of the brokerage activity in the situation where the submitted order is incompatible with the purpose indicated in the paragraph. 2.
Article 28. 1. When the supervisory authority issues a decision ordering the transfer of securities, financial instruments which are not securities and cash, and documents relating to the conduct of securities accounts valuable, other accounts on which such financial instruments and cash accounts are stored to another brokerage entity, in the event of an expiry or withdrawal of authorisation to carry out brokerage activities, the operator of the brokerage to which the securities are transferred valuable, financial instruments and cash, it is required to keep the identification of funds collected on IKE or IKZE.
2. The operator of the brokerage activity together with the transfer of funds collected on the IKE or IKZE referred to in the paragraph. 1, shall transmit to the operator of the brokerage activity the information referred to in Article 4 to the supervisory authority. 21 (1) 2.
3. The operator of the brokerage activity to which the funds collected on the IKE or the IKZE referred to in the paragraph have been transferred. 1, shall be obliged, within 14 days from the date of their transfer, to call on the saver to conclude an agreement for the conduct of IKE or IKZE or to make a transfer payment.
4. Savings in the case referred to in paragraph. 1, is required within 45 days from the date of receipt of the call to enter into an agreement for the conduct of IKE or IKZE with the entity to which its securities have been transferred, financial instruments other than securities and cash, or make a transfer payment to another financial institution or to a pension scheme to which the saver has acceded.
5. Where the operator of the brokerage activity to which the securities have been transferred, financial instruments other than securities and cash, and documents relating to the holding of securities accounts securities, other accounts where such financial instruments and monetary accounts are stored, do not conduct IKE or IKZE, transfer of these funds to another financial institution shall be treated as making the transfer payment.
6. In the event of failure to meet the time limit referred to in paragraph. 4, the funds collected on IKE or IKZE are refundable.
Chapter 5
IKE or IKZE in the insurance company
Article 29. 1. The insurance company shall not cover the costs of the insurance cover from the part of the insurance premium, constituting the payment on IKE or IKZE.
2. From the insurance assets of the capital fund the insurance undertaking shall charge only the costs related to the execution of the acquisition or disposal of the assets of the fund, equivalent to the fees charged to third parties, from which the company will be made by undertaking the insurance is required to benefit under separate provisions, and a fee for the insurance management of the capital fund.
3. Upon payment of the transfer of the party of the life insurance contract with the insurance capital fund, under which the IKE or IKZE was conducted, they may continue this agreement on the basis of the rules specified therein. The payment of the transfer shall not give rise to termination by the insurance undertaking of the life insurance contract.
Article 30. In the event of a transfer payment to the insurance undertaking, the transferred funds shall be transferred in full to the savings account in the insurance capital fund.
Article 31. Where the savings on IKE or IKZE are collected in more than one insurance capital fund, the insurance undertaking shall be obliged to extract information on the total value of all units held in the capital the insurance undertaking, acquired in respect of the payment on IKE or IKZE.
Chapter 6
IKE or IKZE in bank
Article 32. The Bank shall conclude an agreement for the conduct of IKE or IKZE in the form of a savings account, in accordance with the rules set out in the Act of 29 August 1997. -Banking law, save as otherwise provided for in this Act.
Article 33. In the case of a transfer payment, a partial refund or return of funds collected on IKE or IKZE, the bank transfers the collected savings together with the date of the transfer payment, partial refund or refund, accrued interest according to the rules that would be in force if the IKE or IKZE contract was continued.
Chapter 6a
IKE or IKZE in voluntary pension fund
Art 33a. The provisions of the Act of 28 August 1997 apply to IKE or IKZE in the Voluntary Pension Fund. the organisation and functioning of pension funds, save as otherwise provided for in this Act.
Chapter 7
Disbursement, transfer payment, partial reimbursement and reimbursement of funds collected on IKE or IKZE
Article 34. 1. The payment of funds collected on the IKE shall be made only:
1) at the request of the saver after he reaches the age of 60 years or the acquisition of pension rights and the age of 55 and the fulfilment of the condition:
(a) to make an IKE payment for at least 5 of any calendar years, or
(b) to make more than half of the value of the payment no later than 5 years before the date of submission of the application for payment by the saver;
2) in the case of death of savers-at the request of the authorized person.
2. The payment may be made, depending on the application of the saver or the person entitled, carried out on a one-off basis or in installments. The one-off payment and, in the case of payment in instalment, the first instalment shall, except in the cases referred to in Article 4, be excluded from the payment of the first instalment. 14 para. 1 points 1 and 2, made within a period of not more than 14 days from the date of:
1) submission by savers of an application for payment;
2) the submission by the person referred to in the paragraph. 1 point 2, application for payment and submission of:
(a) an act of death of savers and of a document stating the identity of the person entitled
(b) the final decision of the court to determine the acquisition of the inheritance and of a consistent statement of all the heirs of the manner in which the appropriations collected by the saver or the final decision of the court on the department of succession and documents were to be distributed. stating the identity of the heirs
-unless the saver or the persons entitled to do so request payment at a later date.
3. Where the investment fund has suspended the repurchase of units, the conditions referred to in paragraph 1 shall be met. 2, the payment shall be made within 14 days from the day of the resumption of the repurchase of units.
4. The saving, who made a one-off payment or payment of the first instalment, is not allowed to re-establish IKE.
5. The saving cannot make the payment on the IKE, from which he made the payment of the first instalment.
Article 34a. 1. The payment of the funds collected in the IKZE shall be made only:
1) at the request of the saver, upon reaching the age of 65 years and subject to the payment of the payments to the IKZE at least in 5 calendar years;
2) in the case of death of savers-at the request of the authorized person.
2. The payment may be made, depending on the application of the saver or the person entitled, carried out on a one-off basis or in installments.
3. In the case of payment in instalments, the funds collected by the savers on the IKZE shall be paid by the financial institutions conducting the IKZE in accordance with the regulations concerning the operation of these institutions.
4. Payment in instalment of funds collected by savers shall take place for at least 10 years. If the payments to the IKZE have been made for less than 10 years, the payment in instalations may be spread over a period equal to the period in which the payments were made.
5. The one-off payment and the first instalment, in the case of payment in instalment, should be, except in the cases referred to in art. 14 para. 1 points 1 and 2, made within a period of not more than 14 days from the date of:
1) the submission by savers of the application for payment,
2) the submission by the authorized person referred to in the mouth. 1 point 2, application for payment and submission of:
(a) an act of death of savers and of a document stating the identity of the person entitled
(b) the final decision of the court to determine the acquisition of the inheritance and of a consistent statement of all the heirs of the manner in which the appropriations collected by the saver or the final decision of the court on the department of succession and documents were to be distributed. stating the identity of the heirs
-unless the saver or the persons entitled to do so request payment at a later date.
(6) Where the investment fund has suspended the repurchase of units, the conditions referred to in paragraph 1 shall be met. 5, the payment shall be made within 14 days from the date of the resumption of the death by the fund of units of participation.
7. The saving, which has made a one-off payment or payment of the first instalment, shall not restart the collection of savings on the IKZE.
8. The saving shall not make any payment to the IKZE if the payment of the first instalment has been made.
Article 35. 1. The transfer payment shall be made:
1) from a financial institution conducting IKE or IKZE to another financial institution with which the saver has entered into an agreement for the conduct of IKE or IKZE, or
2) from the financial institution that operates the Internet Key Exchange (IKE) to the pension scheme to which the saver has acceded, or
3) from the pension scheme, in the cases referred to in the provisions on occupational pension schemes, to the financial institution with which the saver has entered into an agreement for the conduct of IKE, or
4) from an IKE deceased saver on an IKE person entitled or to a pension scheme to which he has been entitled, or
5) from the IKZE of the deceased saver on the IKZE of the rightishable.
2. Transfer payment shall be made at the disposal of the saver or the person entitled after the prior conclusion of an agreement for the conduct of IKE or IKZE with another financial institution or after accession to the pension scheme and the presentation of the institution making a transfer payment duly confirmed by the conclusion of the contract or the confirmation of accession to the pension scheme.
3. In the case of transfer payment from IKE to the pension scheme, the transfer payment is made to the pension scheme.
4. Except in the cases referred to in art. 14 para. 1 points 1 and 2, the transfer payment shall be made within a period of not more than 14 days from the date of:
1) making a transfer payment by saver, or
2) the presentation by the persons entitled to the documents referred to in Art. 34 par. 2 pt. 2 or art. 34a par. 5 point 2 and the dispatch of the transfer payment
-provided that there are no grounds for suspending the repurchase of the units referred to in the provisions on investment funds.
5. upon the transfer of funds, in accordance with paragraph 1. 2, an agreement to conduct an IKE or IKZE entered into with a financial institution making a transfer payment shall be terminated, excluding the case where the saver makes a transfer payment of a part of the funds collected on the IKE or IKZE between investment funds managed by the same company.
Article 36. 1. The subject of the transfer payment may only be the whole of the funds collected on IKE or IKZE, excluding the case where the saver is making a transfer payment between the investment funds managed by the same company, and the cases referred to in Article 14 para. 1 (1) and (2).
2. Each of the persons entitled to the funds collected:
1) at the deceased's IKE may make the transfer payment to its IKE or to the pension scheme, to which it acceded only to the whole of its resources;
2) at the IKZE of the deceased may make the transfer payment of the entirety of its funds exclusively on its IKZE.
Article 37. 1. The refund of funds collected on IKE or IKZE shall take place in the event of termination of the IKE or IKZE agreement by any of the parties, if there are no conditions for payment or transfer payment.
1a. The saving may request a partial reimbursement, provided that the funds were received from the IKE payment.
2. On par with the return, including for tax purposes, the leaving of funds collected on the IKE or IKZE on the savings account shall be treated if the IKE or IKZE management agreement has expired, and there are no conditions for payment or payment transferal.
3. In the event that a transfer payment from the pension scheme has been accepted on the savings IKE, the financial institution shall, within 7 days from the day of submission of the remitter's notice, transfer to the bank account the transfer payment as indicated by the Social Insurance Institution, an amount of 30% of the sum of the basic contributions paid into the pension scheme.
4. The amount referred to in paragraph 3, it constitutes the income of the Social Insurance Fund.
5. Information on the amount referred to in paragraph 3. It shall be recorded in the account of the insured person referred to in Article 3. 40 par. 1 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, 1247 and 1579), as a contribution to the pension insurance due for the month in which the amount was transferred to the Social Insurance Institution.
6. The Minister responsible for Social Security, taking into account the need to ensure the proper collection of the data on the account of the insured person, will determine by way of regulation:
1. the detailed scope of the data, including, in particular, of the financial institution and the saver, provided by the financial institution on the payment document by which the amount referred to in the paragraph is transferred. 3;
2) the manner and mode of conversion of the amount referred to in paragraph. 3, on the basis of the benefit dimension.
7. The financial institution, in the event of termination of the IKE contract by any of the parties, shall be obliged to instruct the saver that the refund is subject to the funds collected on the IKE reduced by the tax due, and in the case referred to in the paragraph 3, also by an amount representing 30% of the sum of the basic contributions paid into the pension scheme. In addition, the financial institution shall inform the saver of the possibility of making a transfer payment.
8. In the event of termination of the contract for the conduct of IKE by savers it is obliged to make a declaration of familiarized with the consequences of the reimbursement referred to in the paragraph. 7.
9. (repealed)
10. The reimbursement of funds collected on IKE or IKZE should occur before the termination date of the contract.
11. Partial reimbursement shall be made within 30 days from the day of submission by the saver application.
Article 38. 1. Payment, transfer payment, partial reimbursement and return of funds collected on IKE or IKZE are made in monetary form.
2. The provision of the paragraph. 1 does not apply to the collected on IKE or IKZE securities:
1) in the case of a transfer payment from one entity carrying a brokerage activity to another entity carrying out such activity;
2) encumbered by the pledge, in the case of their transfer to the creditor of the rightholder to satisfy by transfer of ownership of the items subject to the pledge;
3) which have ceased to be the subject of quotations on the regulated market or the listing of them have been suspended for at least 30 days.
Article 39. 1. An agreement concluded with a financial institution may establish a time limit, not longer than 12 months, counting from the date of conclusion of the contract in which the payment, transfer or return payment is related to the necessity of the incurring by the supplementary saver the fee the amount of which the financial institution will determine in the contract.
2. In the event that the saver makes a payment, a transfer payment or a refund before the expiry of the period referred to in paragraph. 1, the financial institution shall have the right to set off an additional fee from the paid, transferred or returned funds collected on IKE or IKZE.
3. After the expiry of the period referred to in paragraph. 1, the operator of a brokerage activity, making a transfer payment of funds collected on IKE or IKZE, may charge a fee for the transfer of securities, financial instruments which are not securities and means in cash, however, not higher than the fee charged by the National Depository for Securities S.A., specified in the Rules of Procedure referred to in art. 50 of the Act of 29 July 2005. marketing of financial instruments.
4. The provisions of the paragraph. 1 shall not apply in the case of conversion.
Chapter 8
Penal provisions
Article 40. 1. Who, without being entitled to this entitled, uses to determine the business or advertising the terms "individual retirement account" or "individual account of the pension insurance" or abbreviations "IKE" or "IKZE", subject to a fine of up to 1 000 000 zł or penalty of imprisonment up to the age of 3.
2. The same penalty shall be subject to the admits of the act referred to in paragraph. 1, acting on behalf of or the interest of another natural person, legal person or organizational unit without legal personality.
Chapter 9
Amendments to the provisions in force
Articles 41 to 45. (skipped)
Chapter 10
Transitional and final provisions
Article 46. Disbursement of funds collected on IKE:
1) savers born until 31 December 1945. Follows the saving request when the condition is met:
(a) to make a contribution to IKE at least in any 3 calendar years, or
(b) to make more than half of the value of the payments not later than 3 years before the date of submission of the application for payment by the saver;
2) saving born in the period between 1 January 1946 31 December 1948 Takes place at the request of the saver when he reaches the age of 60 years, or the acquisition of previous pension rights and the fulfilment of the condition:
(a) to make a contribution to IKE at least in any 4 calendar years, or
(b) make more than half of the value of the payments no later than 4 years before the date of submission of the application for payment.
Article 47. Article Recipe 37 par. 3 shall apply to the basic contributions paid into the pension scheme after the date of entry into force of the Act of 20 April 2004. about occupational pension schemes.
Article 48. (bypassed)
Article 49. The Act shall enter into force on 1 September 2004, with the exception of Article 1. 13 (1) 4 and art. 48 which enter into force on the day of the announcement 12) .
1) Amendments to the text of the single law have been announced in the Dz. U. of 2014 items 586, of 2015 items 73, 978, 1045, 1223, 1260, 1348, 1505, 1513, 1634, 1844 and 1890 and of 2016. items 65, 615, 904 and 996.
2) As set out by the Article 26 of the Act of 31 March 2016. to amend the Act on Investment Funds and certain other laws (Dz. U. Entry 615), which entered into force on 4 June 2016.
3) Amendments to the text of the single law have been announced in the Dz. U. of 2015 items 73, 978, 1260, 1357, 1634 and 1844 and from 2016. items 615, 904, and 996.
4) As set out by the Article 459 of the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844), which entered into force as of 1 January 2016.
5) Amendments to the text of the single law have been announced in the Dz. U. of 2015 items 559, 978, 1166, 1223, 1260, 1311, 1348, 1357, 1513, 1634, 1830, 1854, 1864, and 2281 and of 2016. items 615, 904, 996, 1177, and 1579.
6) As set out by the Article 431 point 1 of the Act of 15 May 2015. -Restructuring law (Dz. U. Entry 978), which entered into force as of 1 January 2016.
7) Amendments to the text of the single law have been announced in the Dz. U. of 2015 items 978, 1166, 1259 and 1844 and from 2016. items 615, 996 and 1579.
8) As set out by the Article 431 point 2 (a) and the Act referred to in Reference 6.
9) As set out by the Article 431 point 2 (a) b of the law referred to in reference 6.
10) As set out by the Article 356 of the Act of 10 June 2016. o Bankowy Guarantee Fund, deposit guarantee scheme and compulsory restructuring (Dz. U. Entry 996), which entered into force on 9 October 2016.
11) Amendments to the text of the single law have been announced in the Dz. U. of 2014 items 827, of 2015 items 1273, 1691, 1844 and 2281 and of 2016 items 1334.
12) The Act was announced on 24 May 2004.
