Disability pension - for whom?

Service

An insured person who has completely or partially lost the ability to work, is entitled to a disability pension if he / she meets all of the following conditions:

  • was declared incapable of work by a ZUS certified physician,
  • has the required contributory and non-contributory period appropriate to the age of incapacity for work,
  • the inability to work arose during contributory or non-contributory periods (e.g. during the period of receiving sickness benefit), specified in art. 57 sec. 1 point 3 of the Act of December 17, 1998 on pensions from the Social Insurance Fund (hereinafter: the Pension Act) or not later than within 18 months from the end of these periods.

The above requirements concerning the occurrence of incapacity in contributory or non-contributory periods will not apply to the insured who:

  • has proven contributory and non-contributory periods of at least 20 years for a woman or 25 years for a man and is completely incapable of work;
  • whose inability to work is caused by an accident on the way to or from work;

The condition of having the required contributory and non-contributory period depends on the age of the insured when incapacity for work occurred.

The required period is as follows:

  • 1 year - if the incapacity for work occurred before the age of 20,
  • 2 years - if incapacity for work occurred at the age of over 20 to 22,
  • 3 years - if incapacity for work occurred at the age of over 22 to 25,
  • 4 years - if the incapacity for work occurred at the age of over 25 to 30,
  • 5 years - if the incapacity for work occurred over the age of 30.

The 5-year contributory and non-contributory period required from an insured person whose incapacity for work occurred after the age of 30, must have fallen within the last 10 years. The last decade is counted from the date of the application for the pension or from the date of the inability to work. When examining the fulfillment of this condition, ZUS adopts a decade more favorable for the insured.

The exception to the above is the situation of an insured person who has become incapable of work due to the consequences of an accident on the way to or from work that occurred after December 31, 2002. contributory and non-contributory period.

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Inability to work

Incapacity for work may be partial or complete. As indicated in art. 12 of the Pension Act, a person who is incapable of work is a person who has lost all or part of the ability to work for gainful employment due to a violation of the body's efficiency and does not expect to regain the ability to work after retraining.

A person who has lost the ability to perform any work is completely incapable of work. A person partially incapable of work is a person who has largely lost the ability to work in accordance with the level of their qualifications.

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An insured person whose incapacity for work has been recognized as permanent is entitled to a permanent disability pension. On the other hand, a periodic pension is due if the incapacity for work is temporary. It is due for the period specified in the decision of the pension body.

Pension due to incapacity for work - who decides?

The assessment of incapacity for work is made in the form of a certificate by a certified doctor of the Social Insurance Institution. To this end, it establishes:

  • date of inability to work,
  • durability or expected period of inability to work,
  • causal link between incapacity for work or death with specific circumstances,
  • inability to exist independently,
  • desirability of professional retraining.

Incapacity for work may not be adjudicated for a period longer than 5 years, unless, according to current medical knowledge, there is no prognosis for a change in this state. The decision of the ZUS certifying physician may be appealed against within 14 days from the date of delivery.

Training pension

A training pension may be granted to an insured who meets the conditions required for the award of a disability pension and who obtains a decision on the advisability of professional retraining due to incapacity to work in the current profession. The pension is granted for a period of 6 months. The maximum period of receiving this pension may not exceed 36 months, provided that it is extended for the period necessary for professional retraining, not longer than by 30 months. The 6-month period may also be shortened if, before the expiry of this period, the starost notifies the pension authority that there is no possibility of retraining to another profession or that the person concerned does not undergo retraining.

The training pension is not payable in the event of earning income from activities subject to the obligation of social insurance and service.

The training pension is 75% of the basis of its assessment and is independent of the length of the period of insurance. The training pension may not be lower than the lowest amount of the pension due to partial incapacity for work.

Disability pension - amount

The disability pension and its amount depend on the length of proven contributory and non-contributory periods and the amount of the calculation basis for the invalidity pension. The amount of the disability pension consists of the social part, which is the same for all insured persons, and the part depending on the length of service and the amount of earned income.

The amount of the pension is determined as follows:

1. Pension for total incapacity to work:

  • 24% of the base amount, i.e. the social part,
  • 1.3% of the calculation basis for each year of contributory periods, taking into account whole months,
  • 0.7% of the basis of assessment for each year of non-contributory periods, taking into account whole months,
  • 0.7% of the calculation basis for each year of the period missing to the full 25 contributory and non-contributory periods, falling from the date of filing the application for a disability pension until the applicant turns 60, the so-called hypothetical internship,

2. Pension due to partial incapacity to work:

  • is 75% of the pension for total incapacity to work.

If the actually calculated amount of the pension is lower than the lowest benefit, the amount of the pension is increased to this amount. The lowest disability pension was determined by the provisions of the Pension Act. They are increased annually from the month in which the indexation is carried out.

The basis for the calculation of the pension is determined by taking into account the average basis for the calculation of the social security or old-age and disability pension contributions from the period of 10 consecutive calendar years, selected from the last 20 calendar years preceding the year in which the pension application was submitted.

However, at the insured person's request, the calculation of the basis for the calculation of the invalidity pension may be based on the average basis for the calculation of the contribution for social insurance or for retirement and disability insurance for the period of 20 years prior to the year of submitting the application, selected from the entire period of being covered by the insurance.

The lowest pensions and disability pensions

Amounts of the lowest guaranteed retirement and disability pensions from March 1, 2017:

old-age, disability and survivors' pension

1000 PLN

disability pension for partial incapacity to work

PLN 750

the pension for total incapacity for work due to an accident or occupational disease and the accident survivor's pension

PLN 1,200

disability pension for partial inability to work due to an accident or an occupational disease

PLN 900

source: www.zus.pl

Termination of the right to a disability pension

The right to a disability pension ceases:

  • when any of the conditions required to obtain the right to a disability pension ceases,
  • at the end of the period for which this benefit was granted,
  • on the day from which the old-age pension was granted ex officio, i.e. on the day of reaching the retirement age by the insured persons entitled to the disability pension,
  • upon the death of the entitled person.