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Agricultural pension due to incapacity for work

The insured party (farmer, member of the household), will be entitled to receive an agricultural pension if the following conditions are met:

  1. he is permanently or temporarily unfit for work on an agricultural holding;
  2. total incapacity for work on an agricultural holding occurred during a period of pension and annuity insurance or during the periods mentioned below in points 1 and 2 or not later than within 18 months from the expiry of these periods;
  3. he was covered by a pension and annuity insurance during the required period of at least:
  • 1 year – if the total period of incapacity for work on an agricultural holding occurred up to the age of 20,
  • 2 years – if the incapacity for work occurred at the age of 20 to 22,
  • 3 years – if the incapacity for work occurred at the age of 22 to 25,
  • 4 years – if the incapacity for work occurred at the age of 25 to 30,
  • 5 years – if the incapacity for work occurred at the age of over 30, the required 5 year period should fall within the last 10 years before filing the application for an agricultural pension due to incapacity for work.

The periods of pension and annuity insurance, upon which the granting of the right to agricultural pension due to incapacity for work depends, also include the following:

  1. period of social insurance for individual farmers and members of their family in the period 1983-1990,
  2. operation of the agricultural holding or work on the agricultural holding after the age of 16, before 1 January 1983,
  3. upon which the granting of the right to a pension pursuant to pension laws (contributory and non-contributory periods mentioned in the Act of 17 December 1998 on pensions from the social insurance fund) depends.

The aforesaid periods shall not be considered the periods of cover if they are included in the periods, upon which the right to a pension or annuity pursuant to separate provisions of law depends.

When establishing the right to agricultural pension due to incapacity for work (and the amount thereof), the periods of cover other than the agricultural insurance shall be adopted – regardless of the date of birth of persons applying for such benefits.

If the incapacity for work occurred due to an accident at work on a farm or agricultural occupational disease, any period of cover is required, which would include the day of such accident or the inception of occupational disease. The prerequisite for receiving the agricultural pension is the situation when the incapacity for work on the agricultural holding occurred during the term of the agricultural insurance policy or not later than within 18 months from the date of its expiry.

The insured party may be considered completely unfit for work on the agricultural holding if such party lost their ability to personally perform the work on the farm due to impaired fitness of the body. The total incapacity for work on the agricultural holding shall be deemed to be permanent if the insured party is unlikely to regain their ability to personally conduct the agricultural activities. On the other hand, if the insured party is likely to regain their ability to work, the total incapacity for work shall be deemed to be temporary.

The following authorities decide on the incapacity for work of the insured party:

  • certifying doctor of the Farmer's Social Security Fund (1st instance) or
  • Medical Board of the Farmer's Social Security Fund (2nd instance), as a result of the farmer’s appeal against the decision of the certifying doctor or allegation of defectiveness of such decision of the certifying doctor made by the regional inspector of medical certification.

The agricultural pension due to incapacity for work is granted in the form of a fixed pension if the insured party is permanently unfit for work on the farm and the advisability of vocational change has not been acknowledged. In other cases, the agricultural pension due to incapacity for work is granted for the period mentioned in the decision of the President of the Farmer's Social Security Fund.

The pensioner entitled to the temporary agricultural pension due to incapacity for work shall not lose their right to such pension if they start non-agricultural business activity subject to the obligation of social insurance (amendment effective as of 1 January 2013, introduced by the Act of 11 May 2012 on amendment to the Act on pensions from the Social Insurance Fund and other acts). Depending on the revenue gained, the aforesaid benefit (referring to the additional part) may be decreased or suspended according to the rules under the provisions of common law.

If a given person loses their right to the agricultural pension due to incapacity for work, because they have not been considered completely unfit for work on the agricultural holding, but, within 18 months from the date of cessation of such right, they become fully capable to work on the farm, the right to receive the pension shall be restored.

If the person entitled to receive a temporary agricultural pension due to incapacity for work wishes to obtain the right to such benefit for the subsequent period (permanently), the person should file a new application for the pension, including valid health certificate (remains valid for one month from the date of its issuance), issued by the primary physician, on form KRUS N-14, before the expiry of the period for which such pension has been granted.

The persons receiving the agricultural pensions due to incapacity for work, who have reached pension age, are routinely granted the agricultural pension in the amount not lower than the present pension provided that such persons have been meeting the condition of the required period of cover for at least 25 years (in the case of persons born after 31 December 1948, the period of agricultural insurance coverage only must be at least 25 years).

In the case of persons born after 31 December 1948, the amount of a retirement pension granted may be lower than the present pension due to exclusion of periods of other insurance coverage.

The person born after 31 December 1948 entitled to receive the agricultural pension due to incapacity for work shall lose their right to such benefit once they obtain the right to workplace pension. However, if, before applying for the workplace pension, the aforesaid person represents that they choose the agricultural pension, they may still receive such benefits. 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 by the fund. The representation on the pension choice shall be final and binding, without the right of withdrawal.

The person entitled to the agricultural pension due to incapacity for work, who does not meet the conditions of agricultural pension ex officio, shall be called by the Farmer's Social Security Fund to make the above-mentioned representation – within at least 3 months before reaching retirement age.

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