The government provided information on the (projected) amount of widow’s pension payments. PLN 300 (first 18 months). PLN 600 (target value). The rate will increase from 25% to 50% in 2028 at the earliest. The government does not refuse much higher payments (eg PLN 1,500 allowance per month).
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The government provided the following information on widow’s pension:
Information 1) about PLN 300 in addition to the pension of the widow (widow) in the period July 1, 2025 – December 31, 2026.
Information 2) about PLN 600 in addition to the widow’s (widow’s) pension in the period from January 1, 2027 to: (permanent)
Information 3) in 2029, a decision to increase the current unfavorable rate of 25% to a higher value (the government does not declare that it will be 50% as in the first draft of the pension act It could be, for example, 30%.
Information 4) The government expects that from January 1, 2027, some people will receive up to PLN 1,500 in their pension.
Continue with the content below the video
He provided the information Deputy Minister of Family, Labor and Social Policy Sebastian Gajewski. Details below:
What are the problems with the new widow’s pension?
The first problem with the new widow’s pension provisions is the requirement (to receive the benefit) that a widower has lost his wife at the age of 60 (or more). A widow’s pension is given to a widow who was 55 years old (or older) when her husband died. The 5 year difference between a widow and a widower is unbelievable – it’s discriminatory. As is the retirement age of 65 and 55 to which this requirement refers.
The second problem is marital partnership as a condition for receiving a widow’s pension. He faced this problem Deputy Minister of Family, Labor and Social Policy Sebastian Gajewski in point 5 of the following information:
Point 1) “We will start the widow’s pension from 1 January 2025. Then you will be able to submit applications, and payments will be made after the first half of the year, ie from 1 July 2025, it will be possible you see more money in your account.”
Who is the widow’s pension for?
point 2) To receive a widow’s pension you must meet certain conditions. One of them is reaching the universal retirement age (60 for women and 65 for men).
point 3) “A widow’s pension, as the name suggests, is for widows and widowers. Is it for all widows and widowers? No. First of all, these are only people who have the right, on the one hand, to a survivor’s pension after their deceased spouse, and secondly – they are entitled to their own pension benefit, and therefore primarily to a pension”
point 4) People who were widowed no earlier than 5 years before they reached the normal retirement age and who were married to their deceased spouse are also eligible for a widow’s pension.
More about this situation in the articles (there are examples): Years of recommended contributions in widow’s pension. Unlimited husbands and widows of 60 years and 55 years? (here is a different structure of widow’s pension than the one adopted by the government and the Sejm – internet users post it)
Point 5) “Here I want to reassure you immediately. Marital community does not mean that these people must have a property system in the form of matrimonial property. the spouses before the death of one of them.”
There are married couples who, for various reasons, have been living apart for many years. “There are people for whom, for example, a court has ordered a separation and in their case there is no longer an economic connection. There are also people who are still married, although they have been separated for several dozen or twelve years because, for example, their spouse lives in a distant country, eg in the United States”.
point 6) As for these people, their economic situation will not decrease. “And we want to help those for whom the death of a spouse is not only a personal tragedy, but also a huge economic problem. .(…) And these are the people we want to help with this project.
point 7) According to the act, the second benefit will be paid from July 1, 2025 to December 31, 2026, in the amount of 15%, and from January 1, 2027, in the amount of 25% The limit for the sum of the two benefits is set at three times the minimum pension.
Min. S. Gajewski: widow’s pension PLN 300, PLN 600 and PLN 1,500. Rate increase from 25% to 50% (probably) in 2028.
Point 8) Question to the deputy minister: “How much is 15%, how much is 25% of this second benefit?”
Deputy Minister of Family, Labor and Social Policy Sebastian Gajewski answers: “It depends on the amount he has.” We have estimated data that says, in the first period, when it will be 15%, this is the change in the economic situation of the pensioner. , widow or widower , up to three hundred and several dozen zlotys (…) Then, when it is 25 percent, our forecasts indicate that it will be on average above PLN 600.
For one person 25 percent will be eg PLN 500, and for another person it could be PLN 1,000. PLN or even 1.5 thousand skel.
Will there be an increase in the widow’s pension? When?
The deputy head of the Ministry of Labor and Social Policy announced that in 2028 the Council of Ministers must – according to the act – consider “whether it is possible to increase this indicator from 25% to a higher level.”
“Whether it’s 30 percent, 35 percent or 50 percent, we’ll see.”
The minister explained the problem of matrimonial property. Below is some additional information about it from court judgments/
Marital property in law
The husband and wife lived separately. They did not get a divorce. The man died. All conditions are met for the widow to receive a widow’s pension. With one exception – there was no marital relationship between them (this is a concept from the pension rules). They did not live together and had no emotional or economic ties. It is true that they were married and had a formal statutory partnership (a concept from the Family Code). This is not enough for a widow’s pension.
Community of property and community of marriage in widow’s pension
Legislative community – results from art. 31 § 1 of the Family Code. The provision states that, when the marriage ends, a community of property (statutory community) is created between the spouses by operation of law, including property acquired by both spouses during of the marriage or by one of them (joint property). Items of property not covered by statutory community property belong to the personal property of each spouse. This is a simple criterion that does not require checking whether two people are really living together or explaining why they were not living together. There is a marriage certificate, checking which property regime they chose and if there was (maybe) a divorce.
We emphasize that this version of community is not in the widow’s pension. There is the unity of marriage
Marriage – a concept defined by the courts. It follows from their judgments that it is a community that includes living together, running a common household and living together. This means that the widow should be ready to tell ZUS that she was living with him on the day of her husband’s death and that she would know what proves this fact.
Widow’s pension, matrimonial property – example of High Court decision
Below is the Supreme Court and a snippet of the justification resolutions on October 17, 2023 (USK 148/23)
“Of course, a separate residence does not contradict the presumption that there was a marital community between the spouses, but what is important is the reason for the separate residence. In a judgment of July 18, 2018 (III UK 104/17, Legalis No. 1805821), the Supreme Court also stated that it is necessary to examine the circumstances regarding the existence or not of a “marital partnership” in the take into account the emotional experience of encouraging the behavior of the spouses.. If one of them lives separately, but until the day of death fulfills the obligation to provide financial support to the other person, out of concern for the needs and shows respect for at least matrimonial property obligations, he or she remains in community with the spouse. who left him or her..”
2024-08-15 12:11:00
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