Kasa Rolniczego
Ubezpieczenia Społecznego

• old-age pensioner or disability pensioner entitled to a farmer’s old-age pension or disability pension under an insurance scheme (i.e. an old-age pension or disability pension under a social insurance scheme for individual farmers and members of their families, or a farmer’s old-age pension or farmer’s disability pension for incapacity for work),
• insured person who at the time of death met the conditions for receiving the farmer’s old-age pension or farmer’s disability pension for incapacity for work; it is assumed that person was completely incapable of working on an agricultural holding.

The following members of the deceased person’s family are entitled to a survivor’s pension:

• the deceased person’s own children, the spouse’s children and adopted children,
• grandchildren, siblings and other children who were taken in before they reached the age of majority, excluding children taken in to be raised in a foster family or a family-type children’s home,
• the spouse (widow, widower),
• parents, including a stepfather, stepmother and adoptive parents

if they meet the conditions for receiving such a pension under pension laws.

The deceased person’s own children, the spouse’s children and adopted children are entitled to a survivor’s pension until they reach the age of 16 and, after they reach this age, not beyond the age of 25 if they are receiving school education.

Irrespective of age, a child may receive a survivor’s pension if he is completely incapable of working (completely incapable of working on an agricultural holding) and became completely incapable of working (completely incapable of working on an agricultural holding) before reaching the age of 16 or while receiving school education before reaching the age of 25.

If the child reaches the age of 25 while being a final-year student at a higher education institution, the right to a survivor’s pension is prolonged until the end of this year of study.

Grandchildren, siblings and other children who were taken in before they reached the age of majority, excluding children taken in to be raised in a foster family or a family-type children’s home, are entitled to a survivor’s pension if they meet the conditions applicable to the deceased person’s own children and:

• were taken in at least one year before the death of the insured person (old-age pensioner or disability pensioner), unless the death was the result of an accident during work on an agricultural holding or an occupational disease, and
• are not entitled to a pension following the death of their parents and, if the parents are alive, they cannot provide for their children, or the insured person (old-age pensioner or disability pensioner) or their spouse was their guardian established by the court.

The widow is entitled to a survivor’s pension if at the time of death of the husband she has reached the age of 50 or is incapable of working (completely incapable of working on an agricultural holding); or is bringing up at least one child, grandchild or sibling who is entitled to a survivor’s pension after the death of the husband and is under the age of 16 or under the age of 18 if he is receiving school education; or is caring for a child who is recognised as completely incapable of working (completely incapable of working on an agricultural holding) and is entitled to a survivor’s pension.

The widow is also entitled to a survivor’s pension if she meets the age condition or the condition of incapacity for work (complete incapacity for work on an agricultural holding) within 5 years after the death of the husband or after she ceases to bring up children, grandchildren or siblings.

A divorced spouse or, if there was no conjugal community until the date of death of the husband, a widow is entitled to a survivor’s pension if, in addition to meeting the conditions presented above, at the date of death of the husband she is entitled to a maintenance allowance under a judgment or court settlement.

The same rules apply to widowers. The benefit is not awarded to cohabitees.

Parents are entitled to a survivor’s pension after the death of an insured child (old-age pensioner or disability pensioner) if:

• the deceased insured child (old-age pensioner or disability pensioner) contributed to their maintenance directly before death, and
• they meet, mutatis mutandis, the conditions set out for widows and widowers. All the eligible family members are entitled to one survivor’s pension. If one person is entitled to a survivor’s pension, the pension is 85% of the basic old-age pension, plus:
• 50% of the excess over the amount of the basic old-age pension – old-age pension or disability pension under the social insurance scheme for individual farmers and members of their families (i.e. benefits awarded before 1 January 1991) to which the deceased person was entitled at the time of death, or
• 50% of the contributory part of the farmer’s old-age pension or farmer’s disability pension for incapacity for work to which the deceased person was or would have been entitled at the time of death.

For each additional eligible person, the amount of a survivor’s pension determined as described above is increased by 5%, and by an additional 10% if the death was the result of an accident during agricultural work or an occupational disease.

In total, a survivor’s pension cannot be higher than the benefit to which the deceased person would have been entitled and cannot be lower than the basic old-age pension.

The amount of a survivor’s pension is determined using a calculation index.

The survivor’s pension is divided among the eligible persons if:

• minors being cared for by different persons are entitled to a survivor’s pension,
• an adult family member requests that a survivor’s pension be divided,
• there are other circumstances justifying the division of a survivor’s pension.

If more than one person is entitled to a survivor’s pension, then one or more of these persons may request exclusion from the group of persons entitled to the pension, whereupon the right to a survivor’s pension is re-determined without taking this person (persons) into account. As a result, the person requesting exclusion ceases to be entitled to their part of a survivor’s pension, to which the other eligible persons are now entitled.

If an adult entitled to a survivor’s pension carries out agricultural activities, payment of this pension is suspended on the terms set out in the Farmers’ Social Insurance Act (applicable to farmers’ old-age pensions and farmers’ disability pensions for incapacity for work).

A person born after 31 December 1948 who is entitled to a survivor’s pension loses the right to this benefit upon obtaining the right to an occupational pension. If, however, before applying for the occupational pension, that person submits a declaration that he chooses a survivor’s pension, a survivor’s pension may still be received. In the case of filing the above-mentioned representation, the person’s resources in the account in the Open Pension Fund shall be credited towards the state budget income through the social insurance institution (Zakład Ubezpieczeń Społecznych, ZUS) by the fund. The declaration on the pension choice is final and binding, without the right of withdrawal.

The Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego, KRUS) requests the person entitled to a survivor’s pension, at least 3 months before he or she reaches retirement age, to submit this declaration indicating the chosen benefit.