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.