widow

Concerns raised Over⁣ New Survivor Pension Rules in poland

Recent ‍changes to Poland‘s pension ⁢system, implemented through the Act of July 26, 2024, ⁤amending the Act on Pensions from the Social Insurance⁤ Fund and other related legislation, are sparking significant controversy⁢ and a surge of⁢ complaints to the Ombudsman. The core of the issue​ centers around a new requirement for eligibility for a “widow’s pension” – a ‍benefit intersecting retirement⁢ and disability provisions – that mandates applicants have acquired the right to a survivor’s pension no ‍earlier than five years before reaching the standard retirement age.‍ This translates to a minimum age of 55 for women ​and 60 for men.

Currently, the standard age for qualifying for a survivor’s pension in both ⁣the global and agricultural pension systems is 50, with possibilities for earlier ​access based on disability or childcare ‍responsibilities. Critics argue that the new five-year rule⁢ unfairly excludes individuals who previously qualified for survivor benefits, even at the lowest amounts. Specifically, those‍ who were‍ widowed earlier ⁣than‍ the new age threshold are now perhaps ineligible for the full benefits.

A key‍ concern raised ‍by complainants is a perceived violation of Article 32(1) of the Polish Constitution,which guarantees ⁤the principle of equality. They argue ‌the criteria for accessing the widow’s pension based on the timing of spousal death is arbitrary and discriminatory. Further complaints also target restrictions placed ⁣on the total amount of benefits received under the ‍new rules, capped at three times the⁢ minimum ⁣pension, and the interest rates applied (15% and 25%), which reportedly deviate from‍ initial civic project proposals.

The impact of​ these changes is illustrated by the case of two 73-year-old widows ⁣both receiving both a pension and a survivor’s pension. The first widow receives a pension of PLN⁢ 1878.91 and​ a survivor’s pension of PLN 3900,⁣ with her pension being the more advantageous‌ benefit. The second widow receives a⁣ pension of PLN 1878.91 and a survivor’s pension of PLN 1950, also ⁣opting for the pension as the more favorable option.

However, the first widow’s husband died in 2007 when she was ​55, ‍qualifying her for the full widow’s pension (PLN 3900) plus‍ 15% (and⁣ eventually 25% from January 1, 2027) ⁣of her pension amount. The second widow’s husband‌ died ‌in 2006 when she​ was 54 years⁢ and 6 months ‌old, making her ineligible for the full widow’s pension and limiting her to the lower survivor’s pension​ amount of PLN 1950.

This example highlights how a relatively small difference in the ⁣timing of a⁢ spouse’s death can result in considerably different benefit outcomes under the new regulations, fueling concerns about fairness and equitable ⁣access to survivor⁤ benefits.