Kasa Rolniczego
Ubezpieczenia Społecznego

Applying for old-age pensions in the EU

Death grants in the event of death of persons receiving old-age pensions from the Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego, KRUS) and EU legislation

Sickness allowances under accident, health and maternity insurance schemes for farmers

Rules for issuing certificates of non-insurance under a social insurance scheme for farmers for the purpose of applying for a family allowance in EU Member States Applying for old-age pensions in the EU

Proceedings for cash benefits under a social insurance scheme, including the social insurance scheme for farmers, subject to the Community coordination of social security systems are initiated at the request of the person concerned.

Where to submit applications

In accordance with Article 45 of Regulation (EC) No 987/2009, an application for an old-age pension should be submitted to the institution of the place of residence, on the terms provided for by the internal legislation applied by this institution. As the applicant has not always completed periods of insurance in the country of residence, the application may also be submitted to the institution of the Member State to whose legislation that person was last subject. In such a case, the application is submitted on the terms provided for by the legislation of this country and on a form applicable there.

In accordance with the Polish legislation, an application is a request for the award of a benefit submitted by the person concerned in writing or orally for the record. The application may also be submitted by an attorney of the person concerned, who may be any natural person or person who is not limited in his legal capacity when acting under the power of attorney. The attorney may also be an immediate family member living in the same household or a social care worker, if he acts with the consent of the person concerned. The application may be submitted also if the person concerned has insurance in only one institution in the given Member State – under one system – e.g. farmers’ insurance. If this insurance is in Poland, the application for a farmer’s old-age pension should be submitted to a local unit of the KRUS. However, the person concerned may be covered by insurance in several institutions in the given Member State. This is frequently the case in Poland.

For persons born before 1 January 1949 who reside in Poland and have completed ‘mixed’ periods of insurance, e.g. under the farmers’ system (KRUS) and the general system (Social Insurance Institution (Zakład Ubezpieczeń Społecznych, ZUS)), and periods of insurance abroad, the institution competent to examine such an application is that where the person concerned submits the application: the KRUS or the ZUS. The institution which receives the application will be the contact institution, working together with foreign institutions.

For persons born after 31 December 1948 who reside in Poland and have completed ‘mixed’ periods of insurance under the farmers’ system (KRUS) and the general system (ZUS) and periods of insurance abroad, the institution competent to examine such an application is that where the person concerned submits the application: the KRUS or the ZUS. The person concerned may submit the application to both the ZUS and the KRUS, in which case both these institutions will examine the right to the benefit.

See the list of the local units of the KRUS designated by the President of the KRUS to handle applications for pensions subject to coordination (in the Competent institutions section)

The branches of the ZUS designated by the President of the ZUS implement EU regulations on the coordination of social security systems on the same terms. (See the ZUS website) The fact that the competent units and the ZUS have been selected to coordinate social security systems does not mean that the application for an old-age pension must be submitted only to one, designated local unit of the KRUS.

In the case of applications for a farmer’s old-age pension, the application may be submitted to the regional or local branch of the KRUS having jurisdiction over the agricultural holding. Unless this unit is a designated unit, it will receive the application, complete it and subsequently promptly send it to the designated competent institution of the KRUS, which will examine the right to the old-age pension and, if the benefit is awarded, will pay the old-age pension (also abroad).

An applicant who resides in Poland, has completed periods of insurance abroad and in Poland and requests the award of a farmer’s old-age pension should submit the application for this benefit on the applicable form KRUS SR-20. With this form, instead of the national form KRUS SR-21, the applicant should enclose the EU form E-207 (information on periods of insurance completed by the insured person (in Poland and abroad)). In this form, the applicant should specify, inter alia, the period of insurance (from – to), profession, the name and address of the employer and the place of residence during the period of employment. All the documents and declarations required to determine the right to the national benefit and its amount should be enclosed with the application. In the case of periods of insurance or residence completed abroad, the applicant should provide documents to confirm this and, in the absence thereof, should indicate the institution in which he has been insured or the name and address of the employer.

If the applicant resides in Poland but applies for the right to an old-age pension for periods completed abroad alone, he may submit the application:

• to the Polish institution of the place of residence, which will send the application to the competent foreign institution, indicating the date of submission of the application in Poland,
• directly to the competent institution of the Member State whose legislation was last applied.

When applicants reside abroad

An applicant who does not reside in Poland and has completed periods of insurance both in Poland and abroad should submit the application for an old-age pension to the foreign institution of the place of residence or to the competent institution of the Member State to whose legislation he was last subject if the legislation of the institution of the place of residence did not apply to that person.

If the last period of insurance in Member States was a period of farmers’ social insurance in Poland, the application should be submitted to the competent unit of the KRUS. If an applicant residing abroad has completed periods of insurance in Poland alone, the application for an old-age pension should be submitted through the foreign institution of the place of residence or directly to the competent Polish institution.

The application of the person residing abroad is drawn up on a form provided for by the legislation of the foreign institution of the place of residence. This institution checks whether the information provided by the applicant is accurate and binding on the institutions of other Member States which will examine the right to ‘their’ old-age pension. An applicant who is a national of a Member State, resides in a non-Member State and has completed periods of insurance (residence) in one or more Member States, should submit the application for an old-age pension to the competent institution of the Member State to whose legislation that person was last subject or to the institution of the Member State of which that person is a national.

Date of submission of an application

The date of submission of an application is of particular importance for payment of the old-age pension awarded as it determines when that pension will be paid. In accordance with the Polish legislation, a Polish old-age pension cannot be paid earlier than the month in which the application for the award of this benefit was submitted. If several Member States (several institutions) take part in the examination of the right to an old-age pension, then applications are received in these countries (institutions) at different times. The EU legislation provides that:

if an application for the award of an old-age pension is submitted to the institution of one of the Member States, old-age pensions need to be determined simultaneously in all the Member States in which the applicant has completed periods of insurance (except where the applicant submits an application for deferment of the award of an old-age pension).

The institution to which the person concerned submitted the application for deferment of the award of an old-age pension in the given Member State must notify accordingly all the Member States which take part in the examination of the right to an old-age pension.

Therefore, the date of submission of the application to the institution of one of the Member States is the date adopted by all the competent institutions examining the right to an old-age pension.

Apart from examining the right to pension benefits under its own legislation, the institution to which the application is submitted promptly sends the application (on the relevant EU form) to all the institutions in which the applicant has been insured, indicating the date of submission of the application in this country. The contact institution plays a special role in the examination of the application for an old-age pension.

Death grants in the event of death of persons receiving old-age pensions from the Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego, KRUS) and EU legislation.

Poland’s accession to the European Community and the fact that the KRUS is required to apply the EU regulations on social security (Regulation No 883/2004 of 29 April 2004 and Regulation No 987/2009 of 16 September 2009) have not resulted in changes in the way in which the right to a death grant is awarded. This is because the EU regulations do not specify which persons are entitled to death grants and do not indicate how these grants are to be awarded and paid or how their amount is to be determined in individual EU Member States. These matters are governed by the internal legislation of individual EU Member States. Therefore, the KRUS will examine the right to a death grant under the Farmers’ Social Insurance Act of 20 December 1990 and will pay this grant to the person who has borne the funeral expenses after the death of:

1. an insured farmer (household member),
2. a person entitled to an old-age pension or disability pension under the social insurance scheme for farmers,
3. a family member of the person referred to in points 1 and 2,
4. a person who was not entitled to a farmer’s old-age pension or disability pension at the time of death but met the conditions for being awarded and receiving such a pension.

However, the EU regulations do specify which of the EU/EFTA Member States will be required to pay the grant awarded in the event of death of the persons listed above in another EU/EFTA Member State. The EU legislation also specifies which Member State should pay this grant if the right to this benefit arises in two or more EU/EFTA Member States (overlapping of rights to death grants).

In accordance with the EU rules, if an employee or a person earning his living, such as a farmer (household member), old-age pensioner or disability pensioner (also family members of these persons), dies in a country other than that where that person was insured or which awarded the old-age pension (disability pension), it is deemed that the death had occurred in the latter country (the competent state). The place of residence of the person applying for the death grant is irrelevant for the right to this benefit. The person entitled to the death grant will receive it even if he lives in a Member State other than the competent state, provided that the conditions required by this country’s legislation are met.

Example

An old-age pensioner entitled to a Polish old-age pension went to Germany and died there. The Local Branch of the KRUS in Ostrów Wielkopolski paid the old-age pension to the bank account in Germany designated by the old-age pensioner. If a documented application for a death grant is submitted following the death of this old-age pensioner, this grant will be awarded and paid by the Local Branch of the KRUS in Ostrów Wielkopolski. If a person residing in Germany applies for the grant, the Local Branch of the KRUS in Ostrów Wielkopolski will send this grant to the designated address (bank account) in Germany.

Overlapping of rights to death grants from several countries

Just like the Polish legislation on social insurance, the EU legislation does not provide for (with a few exceptions) the payment of several death grants for funeral expenses after the death of the same person. The EU regulations in question set out the procedure to be followed if the rights to a death grant overlap in several Member States. And so:

• if an old-age pensioner died in one of the EU/EFTA Member States which awarded the old-age pension, the death grant should be awarded and paid by the institution of the country where the old-age pensioner died. In such a case, the rights to a death grant existing in the other Member States expire.

Example

A former farmer, entitled to a Polish and Lithuanian old-age pension on the basis of periods of insurance completed in Poland and in Lithuania died in Lithuania. Although the right to a death grant exists under the Polish and Lithuanian legislation, the death grant may be paid only by one country. Due to the place of death of the old-age pensioner, the death grant should be paid by the Lithuanian social insurance institution. The right to the Polish death grant will expire;

Example

An old-age pensioner entitled to a farmer’s old-age pension on the basis of periods of insurance completed in Poland and in Austria died from natural causes in Austria. Although the old-age pensioner died in Austria, the institution competent to pay the death grant is the Regional Branch of the KRUS in Kraków – the Foreign Benefits Department in Nowy Sącz. As the Austrian legislation does not provide for the right to a death grant after the death of an old-age pensioner from natural causes, the rights to a death grant do not overlap in Poland and in Austria. The applicant is entitled to the death grant only in one country, i.e. Poland;

• if an old-age pensioner died in another EU/EFTA Member State (not in the competent state) or outside a Member State and the right to a death grant exists under the legislation of two or more other Member States, the death grant should be awarded and paid by the institution of the country to whose legislation the deceased person was last subject. The right to a death grant will expire in the other countries.

Example

An old-age pensioner entitled to a Polish farmer’s old-age pension and a Spanish old-age pension (last periods of insurance) died in Germany. The right to a death grant exists under the Polish legislation on farmers’ social insurance and the Spanish legislation, and the institution competent to award and pay this benefit – due to the last periods of insurance – is the Spanish insurance institution. The right to the Polish death grant will expire;

How to apply for a death grant?

Proceedings for the award of a death grant are initiated upon receipt of an application, with which the applicant should enclose any documents required by the internal legislation of the EU/EFTA Member State concerned. Thus, when applying for a death grant under the social insurance scheme for farmers, the applicant should submit documents confirming, inter alia:

• the date of death (death certificate),
• the fact that the funeral expenses have been borne, as well as the amount of these expenses (original bills for the funeral expenses),
• the fact that adopted children and children placed in a foster family were taken in before they reached the age of majority (this applies to applications for a death grant after the death of a family member),

Where to submit applications for a death grant?

If the applicant resides in another EU/EFTA Member State and applies for a Polish death grant, he submits the application on the EU form E-124:

• to the institution of the place of residence, which will send the application to the competent Polish institution (KRUS, ZUS), or
• directly to the competent Polish institution (e.g. the competent unit of the KRUS).

If the applicant resides in Poland, the application for a death grant should be submitted:

• in the case of a Polish death grant: to the competent Polish institution (e.g. any local unit of the KRUS) on a Polish form (e.g. KRUS SR-26);
• in the case of a death grant under the legislation of another Member State:
• to the Polish institution of the place of residence, or
• directly to the competent foreign institution.

An applicant who resides in Poland and applies for a death grant under the legislation of another Member State should submit the application on form E-124. When completing form E-124, the applicant should read the notes in the form as they indicate not only how to complete the form but also what documents have to be enclosed for the purposes of the competent EU/EFTA Member State concerned. Some EU Member States have prepared additional pages to be completed in this form. The instructions for form E-124 also include a list of the institutions of individual Member States having jurisdiction over the place of residence of the applicant to which this form may be submitted.

Sickness allowances under the social insurance scheme for farmers in connection with similar benefits acquired in EU countries / EEA countries / Switzerland

A sickness allowance is a benefit under accident, health and maternity insurance schemes covered by the social insurance scheme for farmers, separately from pension insurance. Both types of social insurance are provided by the KRUS under the Farmers’ Social Insurance Act of 20 December 1990 (Journal of Laws (Dziennik Ustaw) 2008, No 50, item 291, as amended). This benefit is awarded to farmers, their spouses or household members insured under this act (i.e. compulsorily) or voluntarily.

A person subject to insurance under the act may receive the sickness allowance if he has become temporarily incapable of working due to an illness lasting at least 30 consecutive days, but not longer than 180 days, supported by a medical certificate. If the insured person is still incapable of working after the end of the 180-day allowance period, but is likely to recover after further treatment and rehabilitation, the sickness allowance is extended for the period of time necessary for the recovery, but for no more than a further 360 days.

In the case of compulsory insurance, periods when the sickness allowance is received under another social insurance scheme, together with allowance periods acquired in other EU countries / EEA countries / Switzerland, are counted towards the allowance period.

A sickness allowance cannot be claimed after exclusion from farmers’ social insurance. Insurance may cease, for example, when a decision to award a farmer’s old-age pension or disability pension to the person concerned is issued. In such a case, the sickness allowance will cease to be paid at the end of the quarter in which the right to the pension benefit was obtained.

Rules for issuing certificates of non-insurance under a social insurance scheme for farmers for the purpose of applying for a family allowance in EU Member States

The institutions competent to examine the right to family benefits in Poland, implementing the Community provisions on the coordination of social security systems, are Regional Centres of Social Policy (Regionalne Ośrodki Polityki Społecznej, ROPS).

Apart from determining the right to family benefits, the ROPS are also responsible for providing assistance to persons applying for these benefits in the institutions of other EU Member States, including for providing the required data to these institutions.

Structured electronic documents (SEDs) are used for the purpose of circulating documents (information) between the institutions of the Member States of the European Communities. F series SEDs are used for family benefits. However, they are not issued to the persons concerned as data are exchanged only between the competent institutions. Persons who need information (data) on social security in Poland when applying for family benefits in other Member States should refer to the competent ROPS. These institutions will provide explanations and, if necessary, send the necessary data to the competent institution of the EU Member State concerned which examines the right to family benefits.