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

Transcription

1 Socal Insurance Insttuton PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA Legal Bass for the Coordnaton The Agreement on Socal Securty between the Republc of Poland and Canada 1 (herenafter the Agreement ), sgned on 2 Aprl 2008, entered nto force on 1 October The Agreement consttutes a legal bass for coordnaton of penson systems of Poland and Canada. Provsons of the Agreement are nter ala amed to facltate acquston of penson enttlements and recept of benefts from Poland and Canada by persons workng n the terrtory of these states. Pursuant to the mentoned legal act, the competent authortes concluded on 2 Aprl 2008 the Admnstratve Arrangement for the mplementaton of the Agreement on Socal Securty between the Republc of Poland and Canada, whch establshed procedures for clamng penson benefts wth applcaton of the Agreement. 1 Journal of Laws of 2009 No. 133, Text PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 1

2 Who Takes Advantage of the Agreement? Provsons of the Agreement concernng pensons apply to: natonals of the Republc of Poland natonals of Canada persons not beng natonals of any of these States (.e. natonals of Thrd States and the so called stateless persons). Provsons of the Agreement concern persons who have been subject to socal nsurance n Poland and n Canada, pursung wdely conceved occupatonal actvty n partcular as employees and self-employed persons, persons performng work on a bass of cvl law contracts or on a bass of other nsurance ttles. The Agreement also apples to penson clamants beng the survvors of the above mentoned persons. The aforementoned persons are covered by the Agreement rrespectve of ther State of resdence (n Poland, n Canada or n the Thrd State). Whch Benefts are Covered by the Polsh-Canadan Agreement? The provsons of the Agreement of 2 Aprl 2008 are applcable to the followng Polsh penson benefts awarded by the Socal Insurance Insttuton (ZUS): old-age pensonsdsablty pensons famly (survvors ) pensons pensons n respect of work accdents and occupatonal dseases and lump- -sum ndemnty payments from accdent nsurance funeral grants. The Agreement also apples to penson benefts under the socal nsurance for farmers, awarded by the Farmers Socal Insurance Fund (Kasa Rolnczego Ubezpeczena Społecznego, KRUS). Wth respect to Canada, the Agreement apples to benefts awarded under: the Old Age Securty Act and the regulatons made thereunder, and the Canada Penson Plan and the regulatons made thereunder. The aforementoned legslaton provdes for: old age beneft retrement penson survvors benefts death benefts dsablty benefts benefts for survvng chld or dsabled contrbutor s chld. 2 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

3 However, untl a complementary nternatonal Arrangement s sgned, the Agreement does not apply to benefts under the Quebec Penson Plan. Who s the Leaflet Addressed to? The leaflet s addressed to persons who: q clam penson nsurance benefts from ZUS on the bass of nsurance perods (the so called credtable perods ) completed n Poland and n Canada, or q resde n the terrtory of Canada and clam penson nsurance benefts from ZUS on the bass of nsurance perods completed only n Poland, or q resde n the terrtory of Canada and are nterested n recevng, n ther place of resdence, a penson nsurance beneft that they are enttled to from ZUS. The Prncple of Equalty of Treatment Pursuant to the equalty of treatment prncple, any person covered by the Agreement s subject to the oblgatons of the legslaton of the other Party and s elgble for the benefts of that legslaton and under the same condtons as ctzens of the latter Party. It means that dscrmnaton of a person who was covered by socal nsurance n Poland and n Canada s prohbted whle clamng penson benefts both from Canada and from Poland. Old-Age, Dsablty and Survvors (Famly) Pensons for Persons who have been Workng n Poland and n Canada V Establshment of the Rght to the Penson n Parallel by Insttutons n Poland and n Canada It s for the legslaton of Poland and of Canada to defne persons elgble for penson benefts and elgblty requrements n each of these States. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 3

4 A person who has been workng and covered by socal nsurance n the terrtory of Poland and of Canada may be granted a penson both n Poland and n Canada, f he or she satsfes the requrements under the legslaton of both states. It means that persons who satsfy qualfyng condtons n each of these States, may receve pensons from both of them. Informaton on elgblty requrements for ZUS pensons, as well as the rules governng calculaton of benefts, may be found n separate leaflets ttled: Old-age penson from the Socal Insurance Fund, Old-age penson from the Socal Insurance Fund awarded under the new rules, Dsablty penson, Survvors penson, whch are avalable n each ZUS unt. 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: Perodc funded penson payable from the resources of the Open Penson Fund. Informaton on the above mentoned benefts s also avalable at the webste of the Socal Insurance Insttuton: Informaton on benefts under the Canadan socal securty system s avalable n the Canadan nsttuton (address at p. 19 of the leaflet) and at the webste: V Takng nto Consderaton (Totalzng) of Perods for Grantng Benefts The Agreement provdes for takng nto consderaton (totalzng) of credtable perods accumulated n one State when determnng the elgblty for and amount of benefts n other State. It means that where a person applyng for a penson under the legslaton of one Party to the Agreement has not accumulated suffcent credtable perods under the legslaton of that Party, the elgblty of that person for that beneft s determned by takng nto consderaton (totalzng) also foregn credtable perods accumulated n other Party. The term credtable perod means for the purposes of the Agreement: q wth respect to Poland a perod used to establsh a beneft under the Polsh legslaton,.e. contrbutory and non-contrbutory perods under ths legslaton, q wth respect to Canada: a perod of contrbuton used to establsh a beneft under the Canada Penson Plan, and a perod durng whch a dsablty penson s payable under that Plan, as well as 4 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

5 a perod of resdence used to establsh the old-age beneft under the Old Age Securty Act. For example: where a 65-year old man born before 1 January 1949, clams an old-age penson from ZUS, but has not accumulated a 25-year nsurance perod n Poland (contrbutory and non-contrbutory perod) requred to be awarded the old-age penson under the Polsh legslaton, ZUS wll take nto account (totalze) also Canadan credtable perods, certfed by the competent Canadan nsttuton, and wll check f after totalzng the man concerned satsfes the elgblty requrements for the Polsh penson. If on the bass of credtable perods completed n both States a person concerned s not elgble for the penson n a gven State, the elgblty of that person for that beneft s determned by totalzng these perods and credtable perods completed under the legslaton of a Thrd State,.e. other State than Poland or Canada bound wth both of them by socal securty nstruments whch provde for totalzng of perods. For example: where a woman aged 65 years, born before 1 January 1949, has not acqured the rght to the old-age penson from ZUS because she has accumulated n Poland and n Canada a total credtable perod of 12 years nstead of requred at least 20 years but she has also accumulated a 10-year nsurance perod n France (Poland and Canada are bound wth France by agreements provdng for aggregaton of perods), ZUS wll take nto account the French nsurance perod and wll award the old-age penson, because the woman concerned has proved the requred total nsurance perod accumulated n Poland, Canada and France. V Calculaton of the Pro-Rata Penson from ZUS Establshed Takng nto Account Credtable Perods Accumulated n Canada If to award a penson from ZUS t s necessary to take nto account Canadan credtable perods completed by the person concerned, ZUS calculates a pro- -rata beneft n the followng way: frst completed n Poland, subsequently, t calculates a theoretcal (full) amount of the penson whch would be awarded f all credtable perods accumulated n Poland and n Canada (and possbly n the Thrd State, f such perods are taken nto account) were based on the theoretcal amount, t calculates the actual amount of the pro-rata beneft based on the rato of credtable perods completed n Poland to the total duraton of all perods accumulated n both partes to the Agreement (and possbly n the Thrd State, f such perods are taken nto account). PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 5

6 The pro-rata penson, calculated n ths way, s the beneft whch s due from ZUS to the person concerned. For example, f ZUS has determned an old-age penson of a man born before 1 January 1949 based on 16 years of Polsh nsurance perods, takng nto consderaton 10 years of credtable perods under the legslaton of Canada, the old-age penson payable by ZUS wll be calculated n the followng way: f were completed n Poland, subsequently, rst, ZUS wll determne a theoretcal (full) penson whch would be awarded to the person concerned f all perods of nsurance (26 years n Poland and n Canada) based on the theoretcal amount, ZUS wll determne the actual amount of pro-rata benef t correspondng to the rato of Polsh perods to the total duraton of all credtable perods under the legslaton of Poland and Canada; n the descrbed case t wll be 16/26 of the theoretcal amount, because the person concerned has completed 16 years of nsurance perods n Poland, and a total of 26 years of credtable perods n Poland and n Canada. In effect the person concerned wll be awarded by ZUS the pro-rata penson determned n the descrbed way. The prncple of calculatng the pro-rata beneft takng nto account credtable perods completed n Canada s not applcable to the old-age penson awarded by ZUS under the reformed system, the so called new old-age penson 2, and famly pensons for survvors of recpents of or persons elgble for such pensons. These benefts are based on resources accumulated on the penson account n ZUS, ncludng socal nsurance contrbutons after ndexaton and the ntal captal (wthout consderaton of Canadan perods). For example f ZUS has establshed the rght to the old-age penson for a 65-year old man born after 31 December 1948, aff lated to the Open Penson Fund (OPF), who has completed 7-year nsurance perod n Poland and 17-year credtable perod n Canada, the amount of the benef t wll be based only on the resources accumulated on the penson account of the nsured person n ZUS, ncludng contrbutons pad durng 7 years of nsurance n Poland. Where the amount of the old-age penson awarded by ZUS to a person resdng n Poland under the new rules s lower than the mnmum Polsh penson, Canadan credted perods are taken nto account to establsh the beneft f a person concerned satsfes a condton of accumulatng the nsurance perod of 20 years for women and 25 years for men, requred to be awarded the supplement ntended to brng the penson up to the Polsh mnmum old-age penson. 2 Ths rule apples to persons born after 31 December PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

7 The supplement wll amount to a dfference between the amount of the mnmum Polsh penson and a totalzed amount of the Polsh penson from ZUS (and a penson from pllar II f a gven person s a recpent of such beneft) and the Canadan penson. Havng calculated based on resources accumulated on the penson account n ZUS an amount of the old-age penson for a 60-year old woman, born n 1949, who resdes n the terrtory of Poland, and s aff lated to the Open Penson Fund, ZUS dscovered that an aggregated amount of her pensons, from ZUS and the perodc funded penson from OPF, s lower than the mnmum Polsh penson. The woman concerned has accumulated a 10-year nsurance perod n Poland, whch does not guarantee the rght to have the penson brought up to the Polsh mnmum old-age penson. However, after takng nto account 14 years of credtable perods accumulated n Canada, she wll be elgble for the supplement f the totalzed amount of her pensons: from ZUS and the perodc funded penson from OPF as well as the Canadan penson, s lower than the mnmum Polsh penson. The supplement wll amount to a dfference between the amount of the mnmum Polsh penson and an aggregated amount of three mentoned benef ts. V Calculaton of the Penson from ZUS Establshed wthout Consderaton of Canadan Perods If under the Polsh legslaton the rght to penson from ZUS dependng on the length of contrbutory and non-contrbutory perods arses wthout consderaton of Canadan credtable perods, the penson amount wll be based only on nsurance perods completed n Poland (natonal penson), wthout consderaton of Canadan perods. However, n ths case ZUS wll also determne the pro-rata penson amount that would be awarded on the bass of totalzed perods completed n Poland and n Canada, and f t s hgher than the penson amount calculated only on the bass of Polsh credtable perods (natonal penson) the person concerned wll be awarded the pro-rata penson. If the dsablty penson s granted by ZUS to a person who has accumulated a 15-year perod of nsurance n Poland (whch s suff cent to acqure the rght to such penson), but also a 8-year credtable perod n Canada, ZUS wll determne the penson amount n the followng way: on the one hand t wll determne a penson based only on the Polsh nsurance perod, equal to 15 years, on the other hand t wll determne a pro-rata penson.e. f rst t wll calculate a theoretcal amount of the penson based on 23-year totalzed credtable perods PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 7

8 f accumulated n both States, n Poland and n Canada, and subsequently t wll calculate the pro-rata penson, whch n the descrbed case equals 15/23 of the theoretcal amount, nally t wll compare amounts calculated n both varants and wll award the benef t n amount more favourable to the person concerned. V The Bass of Assesment of Benefts from ZUS for Persons who have Accumulated apart from the Polsh Perods of Insurance also Canadan Credtable Perods An amount of the old-age penson under the old rules 3 or the dsablty penson for persons who have accumulated apart from the Polsh nsurance perods also credtable perods under Canadan legslaton s based on an average bass for assessment of a contrbuton to penson nsurance (before 1 January 1999 to socal nsurance), pursuant to the Polsh legslaton, from the perod of 10 consecutve calendar years selected by the person concerned from the recent 20 calendar years drectly precedng the year when the person concerned fled a penson clam. The mentoned 10 calendar years are determned wthout consderaton of full calendar years of credtable perods accumulated n Canada. If n the perod of 20 calendar years drectly precedng the year when the person concerned fled a penson clam, the mentoned person was not nsured n Poland, an amount of the penson s based on an average bass for assessment of a contrbuton to socal nsurance pursuant to the Polsh legslaton, from the perod of 10 consecutve calendar years drectly precedng the year when the person concerned joned nsurance n Canada for the frst tme. On the request of the person concerned an amount of the penson may be also based on an average bass for assessment of a contrbuton, pursuant to the Polsh legslaton, from the perod of 20 calendar years, precedng the year when the person concerned fled a penson clam, selected from the whole perod of nsurance coverage 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 be granted such benefts, are based on the bass for calculatng the benefts for whch the deceased person was or could be elgble. 3 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 CANADA

9 V The Bass for Calculatng the Old-Age Penson from ZUS for Persons who have Accumulated apart from the Polsh Perods of Insurance also Credtable Perods under Canadan Legslaton The old-age penson for people born after 31 December 1948 awarded under the new prncples wll be the quotent resultng from dvdng the calculaton bass by average lfe expectancy 4 for persons n the age equal to the retrement age of the clamant. The old-age penson under the new rules s calculated on the bass of amount of contrbutons pad to the old-age penson nsurance after ndexaton, and the amount of the ndexed ntal captal. Famly pensons 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, are based on the bass for calculatng the beneft for whch the deceased person was or could be elgble. Canadan credtable perods are not taken nto account n determnaton of the bass for calculatng 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 Credtable Perods subject to Aggregaton wth Credtable Perods Completed n other Party to the Agreement If the Polsh nsurance perod s less than one year and based on that perod there wll be no elgblty for the Polsh penson, the Polsh competent nsttuton s not under oblgaton to award the penson n respect of ths perod. A woman born before 1 January 1949, applyng for an old-age penson under the earler rules, has completed 10-months nsurance perod n Poland, not suff cent to acqure the rght to the penson from ZUS because the mnmum contrbutory and non-contrbutory perod for her s 15 years. The woman concerned has also accumulated 21-year Canadan credtable perod. As the Polsh nsurance perod s less than one year, ZUS has no bass to take nto account the Canadan credtable perod for the purposes of establshng the Polsh old-age penson and n result t wll refuse the rght to ths penson due to non-satsfacton of a condton of the requred nsurance perod. 4 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 CANADA 9

10 Also when the Canadan credtable perod s less than one year and based on that perod there s no elgblty for Canadan penson, the Canadan nsttuton s not under oblgaton to award the beneft under the Canadan system nor to take nto account Polsh nsurance perods. Credtable perods of less than one year n respect of whch no rght to a beneft exsts under the legslaton of the State where they have been accumulated, must be taken nto consderaton by the nsttuton of other Party to the Agreement to determne benefts dependng on the length of completed nsurance perods. If the Polsh penson was determned wth consderaton of the Canadan credtable perod of less than one year, ZUS wll calculate the pro-rata penson takng nto account the rato between the duraton of the Polsh nsurance perod and the total duraton of Polsh and Canadan credtable perods. For example f a woman born before 1 January 1949, applyng for an old-age penson, apart from nsurance perods completed n Poland, equal to 14 years and 6 months,.e. 174 months has also accumulated a credtable perod n Canada equal to 10 months, not suff cent to acqure the rght to Canadan benef t, the Canadan nsttuton s not under oblgaton to award the benef t. But ZUS, n order to establsh the rght to the Polsh old-age penson, wll take nto account 10-month Canadan perod and wll calculate a pro-rata benef t (n proporton 174/184 of the theoretcal amount n respect of 184-month perod under the Polsh legslaton). Penson n respect of Accdent at Work or Occupatonal Dsease Enttlement to Polsh benefts n respect of work accdents and occupatonal dseases s determned by ZUS only when a person concerned was covered by socal nsurance n the terrtory of Poland at the tme of the work accdent or at the tme of the emergence of the occupatonal dsease. The rght to and amount of these benefts s establshed by ZUS pursuant to the Polsh legslaton, wthout consderaton of perods completed n Canada. More detaled nformaton n ths regard s avalable at ZUS webste: 10 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

11 Funeral grant The rght to the funeral grant s establshed and the grant s payable by the Polsh and Canadan socal nsurance nsttutons ndependently, wth applcaton of ther respectve natonal laws. More detaled nformaton on funeral grant awarded by ZUS under the Polsh legslaton s avalable at a webste Penson for Persons who have Accumulated only Polsh Insurance Perods and Resde n the Terrtory of Canada Where a penson clamant has accumulated only perods of nsurance under the Polsh legslaton, penson enttlement s establshed only by ZUS. The mentoned person may be granted the beneft n Poland f he or she satsfes the requrements under the Polsh legslaton. Evaluaton of Incapacty for Work for Penson Purposes Evaluaton of such ncapacty, assessment of the degree of dsablty, date of ts occurrence, permanency or expected duraton as well as other crcumstances related to ncapacty for work affectng the rght to the penson, fall wthn the competence of ZUS evaluatng doctor, and f the decson of ZUS doctor s appealed aganst wthn the competence of ZUS medcal board. The mentoned bodes ssue a decson also when the penson clamant permanently resdes n Canada. In such case ZUS evaluatng doctor evaluates ncapacty for work on the bass of medcal opnon drawn up by a medcal practtoner n charge of the person concerned or on the bass of documentaton suppled by the penson clamant. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 11

12 Pursuant to the Polsh legslaton, a person ncapable of work means a person who has lost, completely or partly, earnng capacty due to dsturbance of body ftness and retranng does not promse the restoraton of hs or her earnng capacty. There s dstngushed: complete ncapacty for work certfed n a case of a person who has lost capablty for any work, or partal ncapacty for work certfed n a case of a person who has lost to a consderable degree capablty for work correspondng to hs or her level of qualfcatons. And the nablty for ndependent exstence s certfed n a case of body mparment whch requres permanent or long-term care and assstance of other person n satsfacton of prmary lvng needs. The Socal Insurance Insttuton s not bound by assessment of the degree of dsablty made for the purposes of Canadan benefts, based on the Canadan legslaton. Where to Fle and how to Draw up a Penson Clam? V Parallel Investgaton of Enttlements to Polsh and Canadan Pensons A person who has accumulated credtable perods n Poland and n Canada should fle hs or her penson clam wth the nsurance nsttuton of one of Partes to the Agreement. It means that t s not necessary to fle a separate applcaton n each State. Such applcaton automatcally trggers off the procedure of penson enttlements nvestgaton n both States where the person concerned has been covered by nsurance, and the date of the applcaton s bndng upon nsttutons of both Partes to the Agreement. As regards a 60-year old clamant born after 31 December 1948 and afflated to the Open Penson Fund, hs or her applcaton for the Polsh old-age penson from ZUS automatcally trggers off the procedure of determnng by ZUS the elgblty for the old-age penson from the Socal Insurance Fund (pllar I) and elgblty for the perodc funded penson payable from the resources accumulated n the Open Penson Fund (pllar II). 12 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

13 Important: An applcaton for a beneft to be establshed by ZUS should nclude all necessary dentfcaton numbers, and namely: a personal dentfcaton number PESEL and tax dentfcaton number NIP, and f the nsured person has not been assgned any of these numbers seres and number of the Country Identty Card or Passport (t also apples to foregn passport). V A Person who Resdes n the Terrtory of Poland A person who resdes n Poland and has accumulated credtable perods n Poland and n Canada should fle hs or her penson clam wth the competent Polsh socal nsurance nsttuton,.e. wth ZUS or KRUS, dependng on the scheme that a gven person has been recently subject to. I ZUS Branch n Łódź Dvson for Implementaton of Internatonal Agreements s a competent nsttuton to nvestgate the penson clam n ZUS under the Polsh-Canadan Agreement on socal securty (see: p. 19). A person who resdes n Poland may fle hs or her penson clam drectly wth the above-mentoned ZUS body, or through the nearest ZUS body n hs or her place of resdence. Persons submttng to ZUS clams for Polsh and Canadan benefts must fll n an approprate ZUS form: ZUS Rp-1E (Applcaton for an old-age penson), ZUS Rp-1R (Applcaton for a dsablty penson), ZUS Rp-2 (Applcaton for a survvors penson). The clam should be accompaned wth ZUS form Rp-6 and documents justfyng the rght to Polsh benefts and enablng calculaton of ther amount (such as: nsurance cards, employment certfcates, certfcates ZUS Rp-7, excerpts of regstry offce records, relevant medcal documentaton), An approprate clam for the Polsh beneft should be accompaned wth the relevant clam for the Canadan beneft, f the clamant also wants to be awar- ded the Canadan beneft: PL-CAN Republc of Poland), PL-CAN 1 (Applcaton for Canadan old age securty, retrement penson and survvors benef t under the Agreement on Socal Securty between Canada and the 1 (DI) (Applcaton for dsablty penson n conformty wth the provsons of the Canada Penson Plan under the Agreement on Socal Securty between Canada and the Republc of Poland); the clam must be accompaned wth a questonnare on dsablty, a medcal report (part A to be flled n by the PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 13

14 clamant and part B by the medcal practtoner) and wth a consent to acqure one s personal data by Servce Canada, PL-CAN 3 (Applcaton for benef ts for survvng chld or dsabled contrbutor s chld n conformty wth the provsons of the Canada Penson Plan under the Agreement on Socal Securty between Canada and the Republc of Poland). Persons clamng Canadan dsablty benefts should also append avalable medcal documentaton. Forms of the aforementoned applcatons are avalable at the webste of the Socal Insurance Insttuton. After ntatng the procedure ZUS forwards the clam for the Canadan beneft to the competent Canadan nsttuton for nvestgaton. The date on whch the clam has been receved by ZUS s bndng on the Canadan nsttuton. A person who resdes n Poland may also fle a clam for Polsh and Canadan benefts wth the Canadan nsttuton. In such stuaton, the clam for Canadan benefts wll be nvestgated by the Canadan nsttuton and the clam for benefts awarded under the Polsh legslaton wll be forwarded for nvestgaton by the competent Polsh nsttuton,.e. ZUS or KRUS respectvely. A person who resdes n Poland and has accumulated only credtable perods n Canada, should submt hs or her clam for Canadan benefts drectly to the Canadan nsttuton. Such clam may be also submtted through ZUS whch wll send t to the competent nsttuton n Canada. V A Person who Resdes n Canada A person who resdes n Canada and has accumulated credtable perods n Poland and n Canada should fle hs or her penson clam wth the competent Canadan socal nsurance nsttuton,.e. Internatonal Operatons Servce Canada, Human Resources and Socal Development Canada (see: p. 19). A person who resdes n Canada may fle hs or her penson clam drectly wth the aforementoned nsttuton or through the nearest body of Servce Canada. Persons clamng Polsh and Canadan benefts n the Canadan nsttuton, should fll n a form provded by ths nsttuton for the purpose of acqurng the Canadan beneft, whle for the purpose of acqurng the Polsh beneft from ZUS they should fll n the followng forms: CAN-PL 1 (Applcaton for the Polsh old-age or work dsablty penson), CAN-PL 2 (Applcaton for the Polsh survvor s penson), CAN-PL 6 (Applcaton for payment of the Polsh funeral grant). 14 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

15 The clam for beneft from ZUS should be accompaned wth documents justfyng the rght to Polsh benefts and enablng calculaton of ther amount. Employment perods should be documented wth employers certfcates, certfcates of employment or nsurance cards wth entres on employment made n the course of employment or mmedately after termnaton of the employment relatonshp. A certfcate of employment perod n Poland may be ssued by: q the employer based on avalable personal fles of the employee, q the legal successor of the employer on the bass of personal fles of the employee that s/he has taken over, q 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 nonexstent, 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 submttng to the Canadan nsttuton an applcaton for the dsablty beneft from ZUS should also append avalable medcal documentaton and form ZUS N-11C/KANADA flled n by the medcal practtoner n charge of the clamant. Forms of the aforementoned applcatons are avalable at the ZUS webste as well as at the webste of the Canadan nsttuton PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 15

16 Servce Canada, Human Resources and Socal Development Canada After ntatng the procedure the Canadan 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 has been receved by the Canadan nsttuton s bndng on ZUS and KRUS. A person who resdes n Poland may also fle a clam for Polsh and Canadan benefts wth the Canadan nsttuton. In such stuaton a clam for Polsh benefts wll be nvestgated by ZUS and a clam for benefts awarded under the Canadan legslaton wll be forwarded for nvestgaton by the competent Canadan nsttuton. A person who resdes n Canada 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 Canadan nsttuton whch wll send t to the competent nsttuton n Poland,.e. ZUS or KRUS. V A Person who Resdes n the Thrd State A person concerned who resdes n the Thrd State (other than Poland and Canada) must fle the clam for a penson n respect of perods accumulated n both States wth the competent Polsh or Canadan nsttuton, dependng on the State n whch the clamant has been recently covered by socal nsurance. The procedure of flng the clam has been earler descrbed. Where to Fle a Clam for a Beneft n respect of Accdent at Work or Occupatonal Dsease The clam for a beneft n respect of accdent at work or occupatonal dsease must be submtted drectly to the competent nsttuton, under the prncples lad down n the natonal legslaton appled by ths nsttuton. It means that clams for pensons n respect of accdents at work or occupatonal dseases and lump-sum ndemnty payments from ZUS must be fled drectly wth ZUS. However, a clamant who resdes n Canada may also fle hs or her clam through the Canadan nsttuton, whch wll send t to the competent Polsh nsttuton for nvestgaton. 16 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

17 Transfer by ZUS of Benefts to a Person Resdent n Canada ZUS beneft for an elgble person who resdes n Canada may be transferred, dependng on nstructons gven to ZUS: n Poland to bank account of the pensoner or to an authorzed person who resdes n the terrtory of Poland, or n Canada (to pensoner s foregn bank account) ths rule also apples to Quebec. Penson benefts for a person who resdes n Canada are transferred to ther bank accounts n that country by I Branch n Łódź. An applcaton for penson transfer to Canada may be fled wth I Branch n Łódź or wth other ZUS branch whch has awarded or has been earler payng the beneft. In the latter stuaton the case s transmtted to I Branch n Łódź Dvson for Implementaton of Internatonal Agreements. No health nsurance contrbuton to the Natonal Health Fund s mposed on pensons transferred by ZUS to benefcares who resde n the terrtory of Canada, because resdents of Canada are not covered by the health nsurance n Poland. A penson s payable on a monthly bass on a day fxed n ZUS decson as the date of beneft s payment. If the penson amount transferred to Canada s lower than the mnmum old-age 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 Canada, the date of bank transfer s consdered as the date of payment. Impact of Canadan Benefts on the Enttlement to and Amount of Penson Receved from ZUS The fact that a person wth establshed enttlement to ZUS penson has also acqured the penson from the Canadan socal securty system does not result n reducton n or suspenson of the rght to penson from ZUS. PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 17

18 Impact of Earnngs from Actvty Carred out n Canada 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 both n Poland and abroad, also n Canada, both wth Polsh and foregn employers. 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, 130% of average monthly earnng under the Polsh legslaton the penson s suspended. These rules are not applcable to pensoners who have reached the age of 60 years for women, 65 years for men. Detaled nformaton n ths regard s avalable n ZUS bodes. Oblgatons of Pensoners Resdent n Canada towards ZUS 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 data, 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 wth ther own sgnature further enttlement to beneft. ZUS body payng benefts to persons who resde n the terrtory of Canada perodcally sends to pensoners a form ttled Certf cate of lfe 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 18 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA

19 sgned by a person who actually takes care of the benefcary. In both cases the sgnature should be authentcated by a competent body or an authorzed person n the place of resdence of the mentoned persons or by an authorzed person n the Polsh dplomatc or consular post. How to Obtan more Informaton? Ths leaflet has a general character. More detaled nformaton s avalable at: the nearest local body of ZUS, ZUS webste: local ZUS body desgnated to nvestgate penson clams and to transfer them under the Polsh-Canadan Agreement,.e.: I ZUS Branch n Łódź Dvson for Implementaton of Internatonal Agreements (Zamenhofa 2, Łódź, tel.: , ), ZUS Headquarters n the lason nsttuton n penson ssues subject to coordnaton under the Agreement, whch cooperates wth the Canadan lason nsttuton, whose role s played by the Foregn Pensons Department (Senatorska 10, Warszawa, tel.: , e-mal: drz@zus.pl). Informaton on benefts under the Canadan socal securty system s ava- lable at: a n webste: the Canadan nsttuton: Internatonal Operatons Servce Canada [355 North Rver, Ottawa, Ontaro, K1A 0L4 Canada, tel.: , (TTY) avalable from Canada or USA; avalable from other countres]. Warsaw, October 2009 PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA 19

20 Socal Insurance Insttuton (Foregn Pensons Department) Warsaw, 10 Senatorska street Typesettng: ZUS Publshng n Warsaw. Order No 2584/09. Prnt: ZUS Publshng n Wrocław. Edton of 600 copes. Order No 582/ PENSIONS FROM ZUS ESTABLISHED UNDER THE AGREEMENT ON SOCIAL SECURITY BETWEEN POLAND AND CANADA