- The Council of Ministers published a draft Act on the establishment of pensions from the Social Insurance Fund for certain persons who, by 6.6.2012, applied for retirement on the basis of the applicable persons born before 1.1.1949 (UD204).
- The fresh rules are to apply to women born from 1954 to 1959 and men born from 1949 to 1952 and 1954.
- Furthermore, the condition to be covered by the Act is to submit an application for a partial pension or pension pursuant to Articles 46, 50, 50a, 50e or 184 EmRentyFUSU, as well as Article 88 or 88a of the Law of 26.1.1982. – Teacher's Charter (i.e. diary of Laws of 2024 item 986) before 6.6.2012 and acquisition of the pension right referred to in Article 24 of the EmRentyFUSU after 31.12.2012.
Purpose and sense of the proposed legislation
The regulation is based on the request to destruct the negative effects of the mechanics provided for in Article 25(1b) of the EmRentyFUSU. This provision had the effect of reducing the basis for calculating the mark pension by not taking into account the valorisation of first capital and contributions between the granting of an earlier benefit and reaching the retirement age. As a result, pensions were importantly lower than those which would have been eligible if the recipient had not previously benefited from a partial or earlier pension.
The Constitutional Court examined the compatibility of Article 25(1b) EmRentyFUSU in so far as it concerns persons who, before 1.1.2013, acquired the right to a pension under Article 32(1b) EmRentyFUSU. In judgement SK 140/20 stated that Article 25(1b) EmRentyFUSU, insofar as it concerns persons who have applied for the benefits referred to in that provision before 6.6.2012, is incompatible with Article 67(1) in conjunction with Article 2 of the Constitution of the Republic of Poland.
The task assumes a departure from the application of this provision for a circumstantial group of persons, which in practice means that the pension may be converted without Article 25(1b) of the EmRentyFUSU. However, no alignment is foreseen. The project's authors besides pointed out that the Constitutional Court did not question the anticipation of applying the deduction mechanics provided for in Article 25(1b) of the EmRentyFUSU to another persons.
New rules for the conversion of benefits
The fresh rules for the conversion of benefits are laid down in Article 2 of the project. It provides, among another things, that the conversion of the pension amount will take place:
- of the Office – in the case of persons who have already applied for benefits before the entry into force of the proposed law,
- on request – in the case of persons who have not yet made specified a request (provided they do so by 31.12.2026).
The Social Insurance Institution will have 6 months to issue decisions on matters of an ex officio nature, while for applications submitted individually the general time limits resulting from the pension law (in Article 118(1) of the EmRentyFUSU) will be applied. The amount of pension after calculation may not be lower than the benefit already paid. The task allows, on the another hand, a simplification in the amount of the benefit due for the transitional period (from 1.6.2026 until the decision is taken) for pre-paid gross pensions.
The regulation besides applies to the determination of household pensions after the persons covered by the amendment. The rules for the conversion of benefits stay analogous.
Obligations of the Social safety Office and suspension of proceedings
ZUS will be required to print on its website and in the BIP information on the rules for the submission of applications and conditions for the conversion of pensions. It shall, of its own motion, suspend proceedings for the determination of the amount of the pension if administrative or judicial proceedings concerning the right to a pension are in parallel. In specified cases, it will be possible to convert the benefit after the final conclusion of the procedure. Importantly, the task excludes the anticipation of fresh proceedings another than those laid down in the Act itself.
The draft assumes that the bill will enter into force on 1.6.2026. Social safety lawyers have expressed opinions that the fresh rules are little favourable than the existing case law.
