Non-contributory periods and retirement and disability benefits

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Few people know on what basis the right to an old-age or disability pension is determined. A very important issue in this area are the so-called contributory periods and non-contributory periods. What are these? We answer in the article.

Non-contributory periods, i.e. what?

The concept of a non-contributory period should be understood as the time during which social security contributions were not paid. In other words, it is a time when economic activity was not shown. Despite the above, non-contributory periods are taken into account when determining the right to a retirement pension or disability pension, as well as their amount.

How to distinguish between non-contributory periods and contributory periods?

The contribution period is the period of paying social insurance contributions. The contributory periods include: time:

  • employment under an employment contract,
  • receiving maternity allowance,
  • active military service.

Among the provisions contained in the Act on old-age and disability pensions from the Social Insurance Fund, there is a provision stating that when determining the right to old-age or disability pensions for:

1) contribution payers obliged to pay contributions for their own retirement and disability pension insurance,
2) people cooperating with people engaged in non-agricultural activities

- the period for which contributions have not been paid is not taken into account, despite being subject to mandatory retirement and disability pension insurance in this period.

Non-contributory periods and determining the right to retirement or disability pension

Pursuant to Art. 5 sec. 2 of the above-mentioned Act, when determining the right to old-age and disability pensions and calculating their amount, non-contributory periods not exceeding one third of proven contribution periods are taken into account. Documented contribution periods are taken into account in full when determining the entitlement to old-age and disability pensions.

In a situation where the contributory and non-contributory periods would occur at the same time, then when determining the right to a retirement or disability pension, one should take into account the period that is more favorable to a given person.

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What are non-contributory periods?

The non-contributory periods are listed in Art. 7 of the Act of 17 December 1998 on pensions and disability pensions from the Social Insurance Fund. They are listed in the table below.

LP.

NON-CONTRIBUTORY PERIODS

1.

receiving remuneration for the period of incapacity for work paid under the provisions of the Labor Code

2.

receiving benefits from social insurance: sickness or care insurance

3.

receiving a rehabilitation benefit

4.

receiving sickness and care allowance and a rehabilitation benefit after the termination of the insurance obligation

5.

receiving a sickness pension after termination of employment, with a working time of not less than half of the current occupation or after termination of social insurance obligation on account of another

6.

not performing work after termination of employment, if for these periods, under the provisions of the Labor Code, compensation was paid

7.

periods of parental leave, unpaid leave granted on the basis of the provisions on unpaid leave for working mothers caring for young children, other unpaid leave granted for this purpose and periods of inactivity - due to childcare, falling before the date of acquiring the right to a retirement or disability pension:

  • up to 4 years of age - up to 3 years for each child, and in total - regardless of the number of children - up to 6 years

  • for which due to his physical, mental or psycho-physical condition he is entitled to a nursing allowance - additionally up to 3 years for each child

8.

periods of nursing care for a war disabled person classified as class I or recognized as completely incapable of work and independent existence before the date of acquiring the right to an old-age or disability pension, exercised by a family member over 16 years of age, who during the period of care has not reached monthly income exceeding half of the lowest salary

9.

periods of inactivity up to 6 years before the date of acquiring the right to an old-age or disability pension, caused by the need to care for a family member belonging to the 1st group of invalids other than a child or recognized as completely incapable of work and independent existence or recognized as a disabled person in to a significant extent, exercised by a family member over 16 years of age, who during the care period did not achieve an income exceeding half of the lowest monthly salary

10.

unpaid leave and breaks in employment in the event of not granting unpaid leave to the spouses of employees posted to work in diplomatic missions, consular offices, permanent representations at the United Nations and in other special missions abroad, in institutes, information and cultural centers abroad

11.

studies at a university in one field of study, provided that such studies are completed, in the amount specified in the study program

12

doctoral studies and research post-graduate studies to the extent specified in the decision to establish them

13.

assistant preparatory studies

14

vocational training of doctors in clinics of medical academies and departments of scientific institutes as a volunteer - up to 1 year

15.

receiving pre-retirement allowance or pre-retirement benefit

16.

documented incapacity for work, for which the Labor Fund has been paid: unemployment benefits, training allowances or scholarships