PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

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1 Socal Insurance Insttuton PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA Legal bass for the coordnaton The Socal Securty Agreement between the Republc of Poland and Australa 1 (herenafter the Agreement ), whch consttutes a legal bass for coordnaton of penson systems of Poland and Australa, entered nto force on 1 October An Admnstratve Arrangement for the mplementaton of the Agreement on Socal Securty between the Republc of Poland and Australa, whch entered nto force on the same date 2, defnes the way of mplementaton of the Agreement and the penson awardng procedure pursuant to ts provsons. Provsons of the Agreement and of the Arrangement are nter ala amed at facltatng acquston of penson enttlements by persons who have been covered by the socal nsurance n Poland and have completed perods of Australan workng lfe resdence. Penson provsons of the Agreement apply to: natonals of the Republc of Poland natonals of Australa persons not beng natonals of any of those States (.e. natonals of thrd States and stateless persons). 1 Journal of Laws (Dz.U.) of 2010 No. 172, Text Journal of Laws (Dz.U.) of 2010 No. 172, Text PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 1

2 The Agreement apples to persons who have been subject to socal nsurance n Poland, pursung wdely conceved occupatonal actvty n partcular as employees and self-employed persons, and have completed perods of Australan workng lfe resdence (.e. between the ages of 16 and the penson age). It also apples to persons who clam pensons as survvors of the aforementoned persons. Whch penson benefts are covered by the Agreement of 7 October 2009? The provsons of the Agreement are applcable to the followng Polsh penson benefts awarded by the Socal Insurance Insttuton (Zakład Ubezpeczeń Społecznych, ZUS): old-age pensons dsablty pensons survvors pensons pensons n respect of work accdents and occupatonal dseases work accdent compensatons funeral grants. The Agreement also apples to perodc funded old-age penson and lfe funded old-age penson payable from the resources accumulated n the Open Penson Fund (otwarty fundusz emerytalny, OFE). Apart from the aforementoned benefts granted by ZUS, the Agreement s applcable to penson benefts from the socal nsurance for farmers awarded by the Agrcultural Socal Insurance Fund (Kasa Rolnczego Ubezpeczena Społecznego, KRUS). In relaton to Australa the Agreement apples to age pensons n respect of Australan resdence (age pensons frst pllar). The Agreement does not apply to the Superannuaton Guarantee. Who s the leaflet addressed to? The leaflet s addressed to persons who: lve n Poland or Australa and clam penson benefts from ZUS on the bass of totalsed perods of employment (nsurance) completed n Poland and perods of Australan workng lfe resdence, lve n Australa and clam penson benefts from ZUS on the bass of perods of employment (nsurance) completed only n Poland, 2 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

3 lve n Australa and are nterested n recevng, n ther place of resdence, a penson beneft that they are enttled to from ZUS. The prncple of equalty of treatment Under the equalty of treatment prncple, all persons to whom the Agreement apples are treated equally by States-Partes n regard to rghts and oblgatons regardng elgblty for and payment of benefts by vrtue of ths Agreement. It means that dscrmnaton of a Polsh natonal who lves n Poland and apples for a age penson from Australa s prohbted. Old-age pensons, dsablty pensons and survvors pensons from ZUS for persons who have accumulated nsurance perods n Poland and perods of Australan workng lfe resdence V Determnaton of the rght to the penson from ZUS and the age penson from Australa It s for the legslaton of Poland and of Australa to defne persons elgble for benefts and elgblty requrements n each of these States. A person who has completed nsurance perods n Poland and perods of Australan workng lfe resdence and satsfes qualfyng condtons n each of these States may receve both the old-age or dsablty penson from ZUS and the age penson from Australa. If the qualfyng condtons for the penson have been satsfed n both States, the person concerned may be awarded by vrtue of the Agreement the oldage or dsablty penson by ZUS and the age penson from Australa. Informaton on elgblty requrements for ZUS pensons, as well as the rules governng calculaton of benefts, may be found n separate leaflets ttled: Emerytura z Funduszu Ubezpeczeń Społeczych ustalana na dotychczasowych zasadach (Old-age penson from the Socal Insurance Fund awarded under prevous rules), Nowa emerytura z Funduszu Ubezpeczeń Społeczych (Old-age penson from the Socal Insurance Fund awarded under the new rules), Renta z tytułu nezdolnośc do pracy (Dsablty penson), Renta rodznna (Survvors penson), whch are avalable at ZUS webste: PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 3

4 Informaton on elgblty requrements for and rules governng calculaton of perodc funded pensons, payable from the resources of the Open Penson Fund, whch are also covered by the Agreement, may be found n a leaflet ttled: Okresowa emerytura kaptałowa ze środków zgromadzonych w OFE (Perodc funded penson payable from the resources of the Open Penson Fund). Informaton on elgblty requrements for Australan age pensons may be found at the followng webste: V Takng nto account perods of Australan workng lfe resdence Where a person clamng penson from ZUS has not accumulated suffcent perods of nsurance n Poland to satsfy the requrements for enttlement to ths beneft, the competent nsttuton also takes nto account perods of Australan workng lfe resdence for the purpose of establshng enttlement to the penson (totalzaton). For example: where a man aged 65 years, born before 1 January 1949, clams an old- -age penson from ZUS, but has not completed a 25-year perod of nsurance n Poland (contrbutory and non-contrbutory perod) requred to be awarded the old-age penson under the Polsh legslaton, ZUS wll also take nto account perods of Australan workng lfe resdence and wll check f after aggregaton the man satsf es the elgblty requrements for the Polsh old-age penson. The old-age penson from ZUS n respect of totalsed Polsh nsurance perods and perods of Australan workng lfe resdence s payable rrespectve of the benefcary s place of resdence (.e. n Poland, n Australa or n the thrd State). However, the rght to the dsablty penson and survvor s penson from ZUS n respect of aggregated Polsh nsurance perods and perods of Australan workng lfe resdence s payable only to benefcares lvng n Poland. V Calculaton of the amount of a penson from ZUS establshed wth consderaton of perods of Australan workng lfe resdence the so called pro-rata penson Where enttlement to a penson from ZUS dependng on the duraton of nsurance perods s establshed wth consderaton of perods of Australan workng lfe resdence, the beneft s calculated n the followng way: frst, a notonal (full) amount of the penson s calculated whch would be appled f all perods of coverage subject to totalzaton under the Agreement were the perods of nsurance n Poland, 4 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

5 subsequently, on the bass of that notonal amount the actual amount of the penson s calculated, based on the proporton of the perod of nsurance n Poland to the total of all perods of nsurance n Poland and perods of Australan workng lfe resdence. The pro-rata penson, calculated n ths way, s the beneft whch s due to the person concerned. The notonal (full) amount of the old-age penson dependng on the duraton of perods of nsurance s establshed takng nto consderaton the followng components: 24% of the base amount, 1.3% of the penson assessment bass for each full year of contrbutory perods completed n Poland and perods of Australan workng lfe resdence takng nto account full months, 0.7% of the penson assessment bass for each full non-contrbutory year completed n Poland takng nto account full months. And the notonal (full) amount of the dsablty penson s establshed takng nto consderaton the followng components: 24% of the base amount, 1.3% of the penson assessment bass for each full year of contrbutory perods completed n Poland and perods of Australan workng lfe resdence, 0.7% of the penson assessment bass for each full non-contrbutory year completed n Poland, 0.7% of the penson assessment bass for each year short of full 25 years of Polsh contrbutory and non-contrbutory perods and perods of Australan workng lfe resdence, from the day of clamng the beneft to the day when the pensoner would reach 60 years of age (the so called hypothetcal perods). Then, on the bass of the notonal (full) amount of the penson, calculated under the aforementoned prncples, an actual amount s calculated a pro-rata penson payable by ZUS, based on the proporton of the perod of nsurance n Poland to the total of perods of nsurance n Poland and perods of Australan workng lfe resdence. Example 1 For example, where ZUS has determned an old-age penson of a man born before 1 January 1949 based on perods of nsurance n Poland (15 years) and perods of Australan workng lfe resdence (10 years) n total duraton of 25 years, the Polsh old-age penson wll be calculated n the followng way: PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 5

6 frst, ZUS wll determne a notonal (full) old-age penson amount whch would be awarded to the person concerned for the total perod of 25 years (nsurance perod n Poland and the perod of Australan workng lfe resdence), subsequently, based on the notonal amount, ZUS wll determne the actual amount of the pro-rata old-age penson based on the proporton of the perod of nsurance n Poland to the total of Polsh and Australan perods; n the descrbed case t wll be 15/25 of the notonal amount, because the person concerned has accumulated 15 years of Polsh nsurance perods, and a total of 25 years of perods under the legslaton of Poland and of Australa. The person concerned wll be awarded the pro-rata old-age penson determned n ths way. Example 2 In November 2010 ZUS s to establsh the dsablty penson enttlement of a 50-year old woman lvng n Poland. The woman concerned has documented the followng perods: n Poland 4 years, of whch 3 years of contrbutory perods and 1 year of non-contrbutory perods, n Australa 2 years of perods of Australan workng lfe resdence. In ths case the dsablty penson wll be calculated n the followng way: f rst, ZUS wll determne a notonal (full) amount of the dsablty penson that would be awarded to the person concerned f a total nsurance perod of 6-year duraton (n Poland and n Australa) was completed n Poland; for ths purpose t wll take nto consderaton contrbutory perods completed n Poland and perods of Australan workng lfe resdence (a total of 5 years) and non-contrbutory perods (1 year n Poland) and wll determne: an amount correspondng to 1.3% of the penson assessment bass for each year of the contrbutory perod completed n Poland and the perod of Australan workng lfe resdence, an amount correspondng to 0.7% of the penson assessment bass for each Polsh non-contrbutory year, and an amount correspondng to 0.7% of the bass of penson assessment for each year of a perod short of full 25 years of Polsh and Australan perods, from the day of clamng the benef t to the day when the pensoner would reach 60 years of age (the so called hypothetcal perods). subsequently, based on the notonal amount, ZUS wll determne the actual amount of the pro-rata dsablty penson correspondng to the rato of Polsh perods of nsurance to the total of Polsh nsurance perods and perods of Australan workng lfe resdence; 6 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

7 n the descrbed case t wll be 4/6 of the notonal amount, because the person concerned has accumulated 4 years of nsurance perods under the legslaton of Poland, and a total of 6 years of nsurance perods n Poland and n Australa; hypothetcal perods are not taken nto account n ths case. Assumng that the notonal amount of the dsablty penson would equal PLN 1800, actual amount of the pro-rata dsablty penson wll equal: PLN /6 = PLN In effect the person concerned wll be awarded the pro-rata dsablty penson determned n ths way n amount of PLN The above nformaton regardng determnaton of the pro-rata beneft s not applcable to the so called new old-age penson from ZUS, from the defned-contrbuton system, whch s awarded to persons born after 31 December 1948, and to pensons for survvors of the mentoned persons (such pensons are determned based on the amount of contrbutons accumulated on account of the nsured person n ZUS and the amount of the ntal captal determned on the bass of contrbutory and non-contrbutory perods completed n Poland before 1 January 1999). The mentoned benefts are determned based only on the Polsh nsurance perods (wthout consderaton of perods of Australan workng lfe resdence). The rules governng pro-rata pensons, based on the rato of Polsh nsurance perods to the total of all perods of nsurance n Poland and perods of Australan workng lfe resdence, are not applcable to them. Where an old-age penson s granted by ZUS under the new rules to a man born n 1950 who has reached the retrement age of 65 years and has accumulated a 5-year nsurance perod n Poland, completed from 1997 to 2001, as well as 10-year perod of Australan workng lfe resdence, ZUS wll determne the amount of the benef t based only on the Polsh nsurance perods. The old-age penson awarded to the person concerned under the new rules wll be the quotent resultng from dvdng the calculaton bass (amount of ntal captal after ndexaton and amount of contrbutons pad to the old-age penson nsurance n Poland after ndexaton) by average lfe expectancy 3 for persons of the age at whch the nsured person retres. 3 Lfe expectancy tables takng nto consderaton average lfe expectancy, the same for women and men, expressed n months for the nsured person s age are publshed on an annual bass by the Presdent of the Central Statstcal Offce n the Offcal Journal, n a form of an announcement. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 7

8 V Calculaton of the amount of a penson from ZUS wthout consderaton of perods of Australan workng lfe resdence the so called natonal penson Where enttlement to a penson from ZUS s establshed wthout takng nto account perods of Australan workng lfe resdence, the amount of the beneft s calculated based only on the Polsh nsurance perods (natonal penson). However, n ths case the competent nsttuton also determnes penson amount that would be awarded on the bass of totalsed Polsh nsurance perods and perods of Australan workng lfe resdence (a pro-rata penson), and f t s hgher than the penson amount calculated only on the bass of Polsh nsurance perods (natonal penson) the person concerned wll be awarded the pro-rata penson. Example 1 If the dsablty penson s granted by ZUS to a person lvng n Poland, who has accumulated a 10-year perod of nsurance n Poland (whch s suff cent to acqure the rght to such penson), but also a 5-year perod of Australan workng lfe resdence, ZUS wll calculate the benef t amount n the followng way: f rst t wll determne a natonal dsablty penson based only on the Polsh nsurance perod, equal to 10 years, secondly subsequently t wll determne a pro-rata dsablty penson based on perods of nsurance n Poland and perods of Australan workng lfe resdence, n total duraton of 15 years;.e. f rst t wll calculate a notonal amount of the dsablty penson on the bass of a totalsed 15-year perod accumulated under the legslaton of both Partes to the Agreement, and then t wll calculate the pro-rata dsablty penson, correspondng to the rato of nsurance perods n Poland to the total of nsurance perods n Poland and perods of Australan workng lfe resdence, whch n the descrbed case equals 10/15 of the notonal amount, ZUS wll compare amounts of the natonal dsablty penson and the pro- -rata dsablty penson and wll determne the benef t n amount more favourable to the person concerned. Example 2 If an old-age penson s granted to a woman born before 1 January 1949, who has accumulated a 20-year perod of nsurance n Poland (whch s suff cent to acqure the rght to such penson), but also a 4-year perod of Australan workng lfe resdence, ZUS wll determne the benef t amount n the followng way: 8 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

9 f subsequently subsequently rst t wll determne a natonal old-age penson based only on the Polsh nsurance perod, amountng to 10 years, t wll determne a pro-rata old-age penson based on perods of nsurance n Poland and perods of Australan workng lfe resdence, n total duraton of 24 years;.e. f rst t wll calculate a notonal (full) amount of the old-age penson on the bass of a totalsed 24-year perod accumulated under the legslaton of both Partes to the Agreement, and then t wll calculate the pro-rata old-age penson, whch n the descrbed case equals 20/24 of the notonal amount, ZUS wll compare amounts of the natonal old-age penson and the pro- -rata old-age penson and wll determne the benef t n amount more favourable to the person concerned. V Determnaton of a supplement to the Polsh mnmum old-age penson to persons lvng n Poland Persons lvng n Poland who receve the old-age penson from ZUS and the age penson from Australa n total amount lower than the mnmum old-age penson under the Polsh legslaton, may be awarded a supplement ntended to brng ther beneft up to the level of statutory mnmum. The rules for determnng the mentoned supplement by ZUS are dfferent for old-age pensons awarded under earler prncples, where both an enttlement to and an amount of the beneft depended on the duraton of nsurance perods, and for old-age pensons under the new rules whch depend on the resources accumulated on the penson account of the nsured person. The supplement to the old-age penson awarded under the earler rules to brng the beneft up to the level of the Polsh mnmum old-age penson s granted by ZUS f the pensoner: lves n Poland and receves from ZUS an old-age penson determned n pro-rata amount, based on the rato of Polsh nsurance perods to the total of all perods of nsurance n Poland and perods of Australan workng lfe resdence and receves the age penson from Australa. The supplement wll be a dfference between the amount of the mnmum Polsh old-age penson and an aggregated amount of the Polsh pro-rata old-age penson and Australan age penson receved by the person concerned. The old-age penson awarded from the Socal Insurance Fund under the new rules whose amount s lower than the mnmum Polsh old-age penson, must be brought up to the level of the mnmum Polsh old-age penson provded that the person concerned wll prove the requred nsurance (contrbutory and non-contrbutory) perods under the legslaton of Poland, equal to 20 years for women and 25 years for men. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 9

10 Where a person who lves n Poland satsfes the requrement of nsurance perods 20 years for women and 25 years for men only after takng nto account perods of Australan workng lfe resdence, the supplement wll be a dfference between the amount of the mnmum Polsh old-age penson and a totalsed amount of the Polsh old-age penson and the Australan age penson. For example, a 60-year old woman, born n 1949, who lves n Poland, and has accumulated a 10-year perod of nsurance n Poland and also a 12-year perod of Australan workng lfe resdence, has been granted by ZUS an old-age penson from the Socal Insurance Fund under the new rules, determned n amount lower than the mnmum Polsh old-age penson. She wll receve a supplement to brng the beneft up to the level of the Polsh mnmum old-age penson f a total amount of the Polsh and Australan old-age penson s lower than the mnmum old-age penson under the Polsh legslaton. The supplement wll be equal to a dfference between the amount of the mnmum Polsh old-age penson and an aggregated amount of the Polsh and Australan old-age penson receved by the person concerned. If a person concerned who lves n Poland, has accumulated nsurance perods n Poland and perods of Australan workng lfe resdence, of total duraton of at least 20 years for women and 25 years for men, and was awarded by ZUS the old-age penson from the Socal Insurance Fund under the new rules n amount lower than the mnmum Polsh old-age penson, and f ths person s also enttled to a perodc funded penson 4, a supplement to brng the beneft up to the level of the Polsh old-age mnmum penson wll be equal to a dfference between the amount of the mnmum Polsh old-age penson and a totalsed amount of the new old-age penson from the Socal Insurance Fund, perodc funded penson and the Australan age penson receved by the person concerned. V The assessment bass for the old-age penson under the old rules or the dsablty penson for persons who have accumulated apart from the Polsh nsurance perods also perods of Australan workng lfe resdence The old-age penson under the so called old rules 5 or the dsablty penson for persons who have accumulated apart from the Polsh nsurance perods also perods of Australan workng lfe resdence s calculated based on an average 4 See: ZUS leaflet ttled: Okresowa emerytura kaptałowa ze środków zgromadzonych w OFE (Perodc funded penson, payable from the resources of the Open Penson Fund), ZUS, Warszawa Ths rule apples to persons born before 1 January 1949 and certan persons born after 31 December 1948 but before 1 January PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

11 assessment bass for a contrbuton to penson nsurance (before 1 January 1999 to socal nsurance), under the Polsh legslaton, from the perod of 10 consecutve calendar years selected by the person concerned from among the recent 20 calendar years drectly precedng the year when the penson clam was fled. The mentoned 10 calendar years are determned wthout consderaton of full calendar years of Australan workng lfe resdence. If n the perod of 20 calendar years drectly precedng the year when the penson clam was fled the clamant had not been covered by the socal nsurance n Poland, the penson wll be assessed on an average bass for the socal nsurance contrbuton assessment under the Polsh legslaton, from the perod of 10 consecutve calendar years drectly precedng the one n whch the person concerned had commenced the perod of Australan workng lfe resdence. On the request of the person concerned, as the penson assessment bass there may also serve an average bass for the socal nsurance contrbuton assessment under the Polsh legslaton, from the perod of 20 calendar years, precedng the one n whch the person concerned fled the penson clam, selected from the whole perod of nsurance n Poland. Pensons for survvors of persons whose rght to the old-age penson under the old rules or to the dsablty penson has been establshed before ther death, or who have satsfed the requrements to qualfy for such benefts, are calculated based on the assessment bass of benefts for whch the deceased person was or could be elgble. V The calculaton bass of the old-age penson under the new rules for persons who have accumulated apart from the Polsh perods of nsurance perods of Australan workng lfe resdence The old-age penson under the new rules 6 s the quotent resultng from dvdng the assessment bass by the average lfe expectancy 7 for persons of the age at whch the nsured person retres. The calculaton bass of the old-age penson under the new rules s the total amount of contrbutons pad to the old-age penson nsurance after ndexaton, and the amount of the ndexed ntal captal. The calculaton bass of the pensons for survvors after persons whose rght to the old-age penson has been establshed before ther death under the new rules or who have satsfed the requrements to qualfy for such beneft, are based on 6 Ths rule apples to persons born after 31 December See footnote 3. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 11

12 the bass for calculatng the beneft for whch the deceased person was or could be elgble. Perods of Australan workng lfe resdence are not taken nto account to establsh the calculaton bass of the old-age penson under the new rules and the penson for survvors of persons whose rght to the old-age penson has been establshed before ther death under the new rules or who have satsfed the requrements to be granted such beneft. V Mnmum Polsh nsurance perod Pursuant to the Agreement, where a Polsh nsurance perod s shorter than 1 year and based on that perod there wll be no elgblty for Polsh penson, ZUS s not under oblgaton to award such beneft. Thus, f for example an employment (nsurance) perod of a clamant for the dsablty penson s shorter than 1 year (not suff cent to acqure the rght to the Polsh benef t), but the clamant has completed 15 years of perods of Australan workng lfe resdence, ZUS s not under oblgaton to award the Polsh dsablty penson takng nto account the perod of Australan workng lfe resdence. Dsablty penson n respect of accdent at work or occupatonal dsease Enttlement to Polsh pensons for work accdents and occupatonal dseases s establshed by a Polsh competent nsttuton only when the nsured person was subject to the Polsh legslaton at the tme of the work accdent or whle performng the work as a result of whch the occupatonal dsease arose. Dsablty penson n respect of accdent at work or occupatonal dsease s determned pursuant only to the Polsh legslaton. Funeral beneft The rght to the Polsh funeral grant s establshed and the grant s payable by the Socal Insurance Insttuton, applyng only the Polsh legslaton. 12 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

13 Penson from ZUS for persons who have accumulated only Polsh nsurance perods and lve n Australa Where a penson clamant has accumulated only perods of nsurance n Poland but lves n Australa, penson enttlement s establshed only by the Polsh competent nsttuton, that s an nsttuton oblged to examne a gven applcaton n Poland (ZUS or KRUS respectvely). The mentoned person may be granted the penson n Poland f he or she satsfes the requrements under the Polsh legslaton. Pursuant to the Agreement such penson awarded n Poland may be transferred to the person concerned to hs or her place of resdence n Australa. Where to fle a penson clam? V Examnaton of beneft enttlements n both States A person who has accumulated nsurance perods n Poland and perods of Australan workng lfe resdence may fle hs or her old-age penson clam wth the nsurance nsttuton of one of States-Partes to the Agreement. It means that t s not necessary to lodge a separate clam n each State. The old-age penson clam lodged wth the nsttuton of one of States- -Partes automatcally trggers off the old-age penson awardng procedure n both States-Partes to the Agreement, and the date on whch the clam was lodged s bndng upon nsttutons of both States. However, the followng requrements must be met: the clamant must ndcate n hs/her clam that he/she was covered by the socal securty system of both States, and the nsttuton of the other Party should receve the request from the nsttuton where t was lodged wthn 6 months. The clam for the dsablty or survvor s penson lodged wth ZUS does not trgger off the procedure of awardng penson from the Australan nsurance nsttuton. However, the clam for the dsablty or survvor s penson from ZUS lodged wth the Australan nsurance nsttuton trggers off ZUS penson procedure and the date on whch the clam was lodged s bndng upon ZUS PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 13

14 provded that ZUS receves the request from the Australan nsttuton wthn 6 months. The request for benefts awarded by ZUS should nclude approprate ID numbers, and namely: statstcal dentfcaton number PESEL and tax dentfcaton number NIP of the person concerned, or f such numbers have not been granted seres and number of natonal ID card or passport (also foregn passport). V A person who lves n Poland Where a person who lves n Poland has accumulated nsurance perods n Poland and perods of Australan workng lfe resdence, he/she may fle the penson clam wth a competent Polsh nsurance nsttuton,.e. ZUS or KRUS, dependng on the system that he/she has been lately covered by. A competent ZUS nsttuton to examne penson clams under the Polsh-Australan agreement on socal securty s ZUS Branch n Nowy Sącz Dvson for Implementaton of Internatonal Agreements I (see: p. 19). A person lvng n Poland may lodge the penson clam drectly wth the aforementoned ZUS unt or through the nearest ZUS body n hs or her place of resdence. An applcant lodgng wth ZUS a clam for benefts under the Agreement must complete a relevant form of request for the Polsh beneft provded by ZUS: ZUS Rp-1E (Request for Polsh old-age penson), ZUS Rp-1R (Request for Polsh dsablty penson), ZUS Rp-2 (Request for Polsh survvor s penson). The followng should be appended to the request: ZUS Rp-6 questonnare and documents justfyng the rght to Polsh benefts and enablng calculaton of ther amount (such as: nsurance cards, employment certfcates, ZUS certfcates Rp-7, excerpts of regstry offce records, relevant medcal documentaton), Besdes, the Australan age penson clamant who lves n Poland must attach form AU-PL 3 (Clam for Australan Age Penson) and form AU-PL 4 (Income and assets MOD IA). Forms of ZUS applcatons and questonnares as well as forms AU-PL 3 and AU-PL 4 are avalable n ZUS unts and at the webste of the Socal Insurance Insttuton. After ntatng the procedure ZUS forwards the clam for the Australan age penson to be examned by the competent Australan nsttuton Centrelnk 14 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

15 Internatonal Servces n Hobart (see: p. 20). The date on whch the clam for age penson was lodged wth ZUS s bndng upon the Australan nsttuton provded that the Australan nsttuton receves the request from ZUS wthn 6 months. A person lvng n Poland may also lodge hs or her clam for benefts from Poland and Australa wth the Australan nsttuton. In such case the clam, nsofar as the clamant s enttled to the age penson n Australa, wll be nvestgated by the Australan nsttuton Centrelnk, whlst regardng benefts awarded by vrtue of the Polsh legslaton, the request shall be transferred for examnaton by the competent Polsh nsttuton,.e. ZUS or KRUS respectvely. A person who lves n Poland and has accumulated only perods of Australan workng lfe resdence, must lodge hs or her clam for Australan benefts drectly wth the Australan nsttuton. The clam may be also fled through ZUS whch wll transmt t to the competent nsttuton n Australa. Persons lvng n Poland should draw up ther applcaton for the funeral grant from ZUS pursuant to the Polsh legslaton. For ths purpose ZUS form Z-12 may be used (Applcaton for payment of the funeral grant). V A person who lves n Australa A person who lves n Australa and has accumulated nsurance perods n Poland and perods of Australan workng lfe resdence, must lodge hs or her penson clam wth a competent feld offce of the Australan nsttuton. For the purposes of the Polsh beneft payable by ZUS the clamant should complete the followng forms: PL-AU 3 (Request for Polsh old-age/dsablty penson), PL-AU 4 (Request for Polsh survvors penson). Approprate forms are avalable n Centrelnk Internatonal Servces n Hobart (see: p. 20). They are also avalable at the webste of the Socal Insurance Insttuton: The request should be accompaned wth documents justfyng the rght to Polsh benefts and enablng calculaton of ther amount. Employment perods should be documented by means of: certfcaton of employment ssued by employers, employment certfcates or nsurance dentfcaton wth entres on employment made durng employment perod or upon ts termnaton. A certfcate of employment n Poland may be ssued by: the the employer based on avalable personal fles of the employee, legal successors of the employer based on personal fles of the employee that he/she has taken over, PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 15

16 the body whch stores documents of a lqudated work establshment (a foundng body, a supervsory body, archves or a documents storng company). The detaled nformaton on requred evdence s avalable at the webste The followng documents certfy earnngs for the purposes of calculatng the base amount of penson benefts: a certfcate ssued by the employer on form ZUS Rp-7 or the nsurance card wth relevant entres on employment perods and receved remuneraton. Certfcate on form ZUS Rp-7 should be ssued by the employer or hs/her legal successor based on wage and salary documentaton. If such documentaton s non-exstent, the certfcate of earnngs may be ssued based on data contaned n personal fles of the employee, e.g. n the employment contract, letters of appontment and other letters determnng remuneraton of a gven person. If the person concerned s not able to obtan the requred certfcates, copes of wage and salary documentaton drawn up by the archves or certfed copes drawn up by other nsttutons whch store documentaton of a gven work establshment or by a prvate documents storage company are allowed. Persons clamng Polsh dsablty benefts who lodge ther clams wth the Australan nsttuton should also append avalable medcal documentaton. Persons lvng n Australa who fle ther clam for the funeral grant from ZUS wth the Australan nsttuton Centrelnk, must complete form PL-AU 5 (Request for payment of Polsh funeral grant). Approprate forms are avalable n Centrelnk Internatonal Servces n Hobart (see: p. 20). They are also avalable at the webste of the Socal Insurance Insttuton: After ntatng the procedure the Australan nsttuton forwards the clam for a Polsh beneft for nvestgaton by the competent Polsh nsttuton,.e. ZUS or KRUS respectvely. The date on whch the clam was lodged wth the Australan nsttuton s bndng on ZUS (or KRUS) provded that ZUS (or KRUS) receves the request from the Australan nsttuton wthn 6 months. A person who lves n Australa may also fle a clam for Polsh and Australan benefts wth ZUS. In such stuaton a clam for Polsh benefts wll be nvestgated by ZUS and a clam for the Australan age penson wll be forwarded for nvestgaton by the competent Australan nsttuton. A person who resdes n Australa and has accumulated only Polsh nsurance perods should submt hs or her clam for Polsh benefts drectly to the Polsh nsttuton. Such clam may be also submtted through the Australan nsttuton whch wll forward t to the competent nsttuton n Poland,.e. ZUS or KRUS. 16 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

17 V A person who lves n the thrd State A person concerned who lves n the thrd State (other than Poland and Australa) must fle the clam for a beneft n respect of nsurance perods n Poland and perods of Australan workng lfe resdence wth the competent Polsh or Australan nsttuton, dependng on the State n whch the clamant has been recently covered by socal nsurance. Clams should be lodged wth the competent nsttuton of a gven State under the prncples lad down n the natonal legslaton appled by ths nsttuton. The procedure of flng the clam has been earler descrbed. However, the beneft clam may be also lodged wth the nsttuton of the chosen State: Poland or Australa. Appeals aganst ZUS decsons n penson ssues lodged by persons lvng n Australa Appeals aganst ZUS decsons n penson ssues may be fled wth a competent Court for Labour and Socal Insurance through ZUS penson body whch has ssued a decson, wthn one month from the day of recept of the decson. Persons who lve n Australa may fle an appeal aganst ZUS decson wthn the above mentoned tme lmt also through the Australan socal securty nsttuton, whch wll transmt the appeal to a competent ZUS unt. Penson transfer by ZUS to a person who lves n Australa ZUS beneft for an elgble person who lves n Australa may be transferred, dependng on nstructons gven to ZUS: n Poland to bank account of the pensoner or to an authorsed person who lves n Poland, or n Australa to pensoner s bank account n Australa. A penson awarded by ZUS may be transferred to the person who lves n Australa to hs or her place of resdence. An applcaton for penson transfer to Australa may be fled wth ZUS branch whch has awarded or has been earler payng PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 17

18 the beneft. In the latter stuaton the case s transmtted to ZUS Branch n Nowy Sącz Dvson for Implementaton of Internatonal Agreements I. An applcaton for penson transfer may be also fled drectly wth ths ZUS unt. The penson s payable on a monthly bass on a day fxed n ZUS decson as the date of beneft s payment. Where the penson amount transferred to Australa s lower than the mnmum penson under the Polsh legslaton, ts payment may be carred out on other than monthly bass (e.g. on a quarterly bass). If the penson s transferred to Australa, the date of bank transfer s deemed to be the payment date. Detaled nformaton on taxes mposed on Polsh pensons payable to persons who lve n Australa and on the applcablty of the Polsh-Australan conventon for the avodance of double taxaton s avalable n a competent treasury offce. Informaton n ths regard may be also obtaned under the followng telephone numbers of the Natonal Tax Informaton: (statonary telephone) and (moble telephone). No health nsurance contrbuton to the Natonal Health Fund (Narodowy Fundusz Zdrowa, NFZ) s mposed on pensons transferred by ZUS to benefcares who lve n Australa. More detaled nformaton n ths regard s avalable n a competent NFZ branch or n NFZ headquarters. NFZ Infolne: tel , e-mal: Impact of Australan pensons on the enttlement to and amount of the penson receved from ZUS The fact that a person wth establshed enttlement to ZUS penson also receves penson from Australa does not result n reducton n or suspenson of the rght to penson from ZUS. Impact of earnngs from actvty carred out n Australa on the enttlement to and amount of the old-age penson receved from ZUS Pensoners are oblged to notfy ZUS of earnngs and other ncomes from actvty carred out abroad, for example n Australa. The level of such ncomes may affect the due amount of ZUS penson. If the amount of foregn ncomes exceeds: 70% of average monthly earnng under the Polsh legslaton but s not hgher than 130% of ths earnng the penson s subject to reducton, 18 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

19 130% of average monthly earnng under the Polsh legslaton the penson s suspended. These rules are not applcable to old-age pensoners who have reached the statutory retrement age: 60 years for women, 65 years for men. Pensoners oblgatons towards ZUS Pensoners are under oblgaton to notfy ZUS body whch s the payer of ther benefts of any crcumstances affectng ther penson enttlement or payment. These crcumstances nclude n partcular: changes n personal data (e.g. name, surname) and address, change n place of resdence, changes n a number of bank account, undertakng employment or other ganful actvty, the fact of recevng ncome resultng n beneft reducton or suspenson (applcable both to ncome from actvty carred out n the terrtory of Poland and abroad). ZUS pensoners are under oblgaton on demand of the penson body to certfy further enttlement to beneft wth ther own sgnature. ZUS body payng benefts to persons who lve n Australa sends them perodcally a form ttled Declaraton of lvng and resdence to be completed and sent back to ZUS. The form should be completed and sgned by the pensoner hm/herself. Should the pensoner be not able to sgn t personally, the form should be sgned by a person who actually takes care of the benefcary. In both cases the sgnature should be certfed by a competent body or an authorsed person n the benefcares place of resdence or by an authorsed person n a Polsh dplomatc or consular post. How to obtan more nformaton? Ths leaflet has a general character. More detaled nformaton s avalable: at the nearest local ZUS body, at ZUS webste: ZUS Branch n Nowy Sącz Dvson for Implementaton of Internatonal Agreements I (Węgerska 11, Nowy Sącz, tel.: , ext. 3302, 3303, 3306, 3308, , 3324, 3325 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA 19

20 Foregn Informaton Centrelnk and 3327), whch plays a role of a competent nsttuton to nvestgate penson clams and to transfer them under the Polsh-Australan Agreement, Pensons Department n ZUS Headquarters (Senatorska 10, Warszawa, tel.: , webste: whch plays the role of the lason nsttuton n penson ssues subject to coordnaton under the Agreement and cooperates wth the Australan lason nsttuton. on Australan benefts may be obtaned from: Internatonal Servces (CIS), GPO Box 273, Hobart TAS 7001, Australa, tel.: , fax: , e-mal: nternatonal. webste: Warsaw, October 2010 Socal Insurance Insttuton (Foregn Pensons Department) Warsaw, 10 Senatorska street Typesettng: ZUS Publshng n Warsaw. Order No. 2505/10. Prnt: ZUS Publshng Konn. Edton of 4000 copes. Order No. 965/ PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND AUSTRALIA

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