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National legislation

National legislation

Tasks in the sphere of social security are exercised by many institutions, including:

  • Social Insurance Institution (Zakład Ubezpieczeń Społecznych, ZUS) – pays cash benefits and provides benefits in kind as part of disability pension prevention from social insurance,
  • Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego, KRUS) – pays cash benefits and provides benefits in kind as part of disability pension prevention from social insurance of farmers,
  • Ministry of Family and Social Policy (Ministerstwo Rodziny i Polityki Społecznej, MRiPS) – provides family and social benefits (from social assistance),
  • National Health Fund (Narodowy Fundusz Zdrowia, NFZ) – finances benefits in kind from health insurance,
  • Director of the Military Pension Office in Warsaw  – the body competent in respect of officers dismissed from the Military Counterintelligence Service and  the Military Intelligence Service,
  • Director of the Prison Service Pension Office – the body competent in respect of officers dismissed from the Prison Service,
  • Director of the Pension Office of the Ministry of Interior and Administration – the body competent with respect to officers dismissed from other uniformed services.

Many legal instruments govern an obligation of insurance against certain social contingencies and benefits guaranteed upon occurrence of such contingencies. Such a provision already appears in the highest legal act, the Constitution of the Republic of Poland.

The detailed regulations governing individual areas of social security are contained in separate Acts of Parliament. The most important of them include:

§ Act of 13 October 1998 on the social insurance system (Journal of Laws of 2022, item 1009, 1079 and 1115) - the so-called System Act,
§ Act of 17 December 1998 on pensions from the Social Insurance Fund (Journal of Laws of 2022, item 504) - so-called 'Pension Act',
§ Act of 20 April 2004 on Individual Pension Accounts (Indywidualne Konta Emerytalne, IKEs) and Individual Pension Security Accounts (Indywidualne Konta Zabezpieczenia Emerytalnego, IKZEs) (Journal of Laws of 2019, item 1808, of 2022, item 904) - the so-called IKE and IKZE Act,
§ Act of 20 April 2004 on Occupational Pension Schemes (Pracownicze Programy Emerytalne, PPEs) (Journal of Laws of 2022, item 904) - the so-called PPE Act,
§ Act of 4 October 2018 on Employee Capital Plans (Pracownicze Plany Kapitałowe, PPKs) (Journal of Laws of 2020, item 1342, of  2022, item 1079) - the so-called PPK Act,
§ Act of 21 November 2008 on funded pensions (Journal of Laws  of 2018, item 926),
§ Act of 28 August 1997 on organisation and operation of old-age pension funds (Journal of Laws of 2022, item 1488),
§ Act of 19 December 2008 on old-age bridging pensions (Journal of Laws of 2022, item 1340)
§ Act of 25 June 1999 on cash social insurance benefits in respect of sickness and maternity (Journal of Laws  of 2021 No 1133, as amended), – the so-called Sickness and Maternity Act,
§ Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of Laws of 2019, item 1205, of 2021, item 1621, 1834, of 2022,item 755) – the so-called Accident Insurance Act,
§ Act of 27 June 2003 on social pension (Journal of Laws of 2022, item 240)
§  Act of 30 April 2004 on pre-retirement benefits (Journal of Laws of 2021, item 1867),
§ Act of 31 January 2019 on supplementary parental benefit (Journal of Laws  of 2022, item 1051),
§ Act of 31 July 2019 on supplementary benefit for persons incapable of independent existence (Journal of Laws of 2022, item 1006),
§ Act of 23 January 2008 on the transfer of pension rights of officials of the European Communities (Journal of Laws of 2008, No 47, item 274 and of 2011, No 75, item 398 and No 171, item 1061).

Health care benefits are provided pursuant to:
§ Act of 27 August 2004 on health care benefits financed by public funds (Journal of Laws of 2021, item 1285, as amended) – the so called Health-Care Act.

Benefits in respect of unemployment are provided pursuant to:
§ Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws  of 2022, item 690).

Benefits from the social insurance of farmers are provided pursuant to:
§ Act of 20 December 1990 on social insurance of farmers (Journal of Laws of 2022, item 933)  – the so called Agricultural Insurance Act.

Social assistance benefits are provided pursuant to:
§ Act of 12 March 2004 on social assistance (Journal of Laws of 2021, item 2268, as amended).

Benefits for the family are provided pursuant to:
§ Act of 11 February 2016 on state aid in raising children (Journal of Laws of  2022, item 1577).
§ Act of 17 November 2021 on family care capital (Journal of Laws of 2021, item 2270) - this Act is the basis for the provision of family care capital and for co-financing of the fee for a child's stay in a nursery, children's club or at a day carer in the amount of PLN 400.

Benefit under the 'Good Start’ programme is provided pursuant to:
§ Regulation of the Council of Ministers of 15 June 2021 on detailed conditions for the implementation of the government's programme 'Good Start' (Journal of Laws of 2018, item 1092).

Family benefits are provided pursuant to:
§ Act of 28 November 2003 on family benefits (Journal of Laws of  2022, item 615, as amended).

Carer’s allowance is provided pursuant to:
§ Act of 4 April 2014 on the establishment and payment of allowances for carers (Journal of Laws of 2020, item 1297).

Benefits from the Maintenance Fund are provided pursuant to:
§ Act of 7 September 2007 on assistance for persons entitled to the maintenance allowance (Journal of Laws  of 2022, item 1205).

The vocational and social rehabilitation and employment of the disabled persons are provided pursuant to:
§ Act of 27 August 1997 on vocational and social rehabilitation and employment of the disabled persons (Journal of Laws of 2021, item 573, as amended).

Benefits from the military pension provision scheme are provided pursuant to:
§ Act of 10 December 1993 on pension provision for professional soldiers and their families (Journal of Laws of 2022, item 520, as amended).

Benefits from pension provision scheme for officers are provided pursuant to:
§ Act of 18 February 1994 on the old-age pensions of officers of the Police, the Internal Security Agency, the Military Intelligence Service, the Military Counterintelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Marshal's Guard, the State Protection Service, the State Fire Service, the Customs and Tax Service and the Prison Service as well as their families (Journal of Laws of 2022, item 1626, 2476) – the so called Pension Provision Act.

Benefits from the system of social provision for judges, in particular the principles of judges’ retirement are described in:
§ Act of 27 July 2001 - Law on the Common Courts System (Journal of Laws of 2020 item 2072, as amended),
§ Regulation of the Minister of Justice of 21 June 2018 on the retired judges' emoluments and survivors’ emolument of judges' and retired judges' family members and the dates of transferring social insurance contributions to the Social Insurance Institution (Journal of Laws of 2022, item 1626).

Benefits from the system of social provision for public prosecutors, in particular the principles of prosecutors’ retirement are described in:
§ Act of 28 January 2016 – Law on the Public Prosecutor's Office (Journal of Laws of  2022, item 1247, as amended).
§ Act of 27 July 2001 – Law on the Common Courts System (Journal of Laws of 2020 item 2072, as amended).