The retirement age is currently 60 for women and 65 for men. However, there are some professions that entitle you to receive an early retirement pension. In today's article I want to describe who early retirement is for. I will also touch on the issue of the bridging pension. I will point out what conditions need to be met in order to receive it.
Early retirement - for whom, conditions
Early retirement is due to persons born between 1949 and 1968 who:
- achieve adequate age dependent on gender and the type of work in special conditions or of a special nature,
- show internship pensionable age, i.e. 20 years for women and 25 years for men, and
- do not join an open-ended pension fund or submit an application to transfer funds accumulated on an account in an open-ended pension fund, via Zakład, to the state budget revenues,
- have demonstrated the requisite length of service in the relevant post as set out in Schedules A and B Ordinance of the Council of Ministers of 7 February 1983 on the retirement age of workers employed in special conditions or occupations. The lists can be found here. In order for a specific job to be considered work in special conditions or of a special nature, the work must be performed permanently i full-time.
Attention! These conditions should be met by 31 December 2008.
ZUS when determining periods of work in special conditions or of a special nature, not will consider periods, during which the employee did not perform work and for which he or she received remuneration or benefits from the social insurance in case of sickness and maternity. This mainly concerns the following periods:
- receipt of incapacity benefit,
- unpaid leave,
- parental leave,
- military service.
It is impossible to list all the jobs that entitle you to an early retirement pension. I will only indicate here a few of the basic industries that are included in the aforementioned lists A and B:
- mining,
- Energy,
- metallurgy, metal industry,
- Chemistry,
- forestry, wood and paper industries,
- construction, etc.
Individuals who have performed strenuous work and despite this not fulfilled the conditions necessary for early retirement in accordance with the provisions of the aforementioned regulation, may apply for a bridging pension regulated by the Bridging Pensions Act of 19 December 2008.
Bridging pension - for whom, conditions for obtaining the benefit
It should be remembered that bridging pension is the benefit of nature temporary. This means that upon reaching the universal retirement age, the beneficiary will receive a pension under the general social security legislation.
Pursuant to the aforementioned Act, a bridging pension may be granted to persons born after 31 December 1948 who:
- reached age retirement age - at least 55 years for women and 60 years for men,
- demonstrated periods contributory and non-contributory years - 20 years for women and 25 years for men,
- prior to 1 January 1999, performed work in special conditions or of a special nature (in accordance with the existing regulations or the Bridging Pensions Act),
- after 31 December 2008 performed work in special conditions or of a special nature in accordance with the new lists of work included in the Bridge Pensions Act,
- have proven at least 15 years of work in special conditions or of a special nature,
- have terminated the employment relationship.
Attention! In order to retire on a bridging pension, you must meet all the conditions listed above.
Particular emphasis should be placed on items 3 and 4 in the above list. The list of works indicated in the earlier the regulation of 7 February 1983 differs from the list of such work indicated in the The law on bridging pensions of 19 December 2008. Hence, depending on the period during which the work was carried out, a different type of work may be considered to be work in special conditions or of a special nature.
Among the types of work listed in the annexes to the Bridging Act are:
- work carried out underground, on water, underwater and in the air,
- working in hot or cold microclimates,
- working under increased atmospheric pressure,
- very heavy physical work.
The basic document proving that an employee has performed work in special conditions or of a special nature will be the relevant mention in the certificate of employment made by the employer. It is therefore worth ensuring that the employer includes this information in the certificate of employment.
Proceedings before ZUS
The pension proceedings shall be conducted by the ZUS. Thus, it will be the ZUS that will determine whether the entitled person is entitled to an early (or bridging) pension.
Fulfilment of all of the above-mentioned conditions results in the right to the benefit being obtained from the day after the termination of the relationship work.
If the person concerned submits documentation to ZUS that raises any doubts, the Department will issue a decision refusing the right to a benefit. The person concerned may then enforce his or her rights by way of court proceedings appeal. This applies, for example, if it cannot be established on the basis of the documentation submitted:
- nature or position of work,
- whether the employee performed the work continuously and on a full-time basis.
An appeal against a decision of the Social Security Administration shall be lodged with district court competent for the place of residence of the insured person. It should be submitted through the branch which issued the decision. This means that we address the letter to the court, but we send (address) it to the ZUS unit. The ZUS unit then forwards the appeal to the court. The deadline for filing an appeal is one month from the delivery of the refusal decision. Importantly, the proceedings are free from charges judicial.
