Duties of the employer to pensioners

The employer is obligated to collect and store all documentation necessary for granting payments of pensions. If there are any irregularities by drawing up certificates, or the collecting and managing of documents, the employer bears the complete responsibility.

For example: If an incorrectly completed certification would lead to the pensioners receiving overpayments, the employer must repay that amount (and any interest incurred). If on the other hand an incorrectly completed certification results in payments which falls below that to which the pensioner is entitled too and therefore he/she suffered financial loss, the pensioner has the right to claim compensation from the employer.

Duties of employer

According to the provisions of Article 125, Paragraph 1 of the Pensions Act, the employer is required to:

• Co-operate with employees to collect and manage documents that are requested to receive the payments;
• Drawing up certificates for employers or pension institutions that are requested for official approvals and the amounts of pension entitlements;
• Prepare an application for retirement, and to submit it with the consent of the pension institutions, no later than 30 days before the intended date of the employees born before 1^st January, 1949;
• Prepare with the consent of the employee, the application for a pension for incapacity to work and submission to the authority of the disability no later than 30 days before the end of sickness payments;
• In the case of death of an employee, immediately notify his/her family members concerning the conditions of the entitlement of the family pension. Prepare family pension claims and submitting them to the pension institution.

Source: Gazeta Podatkowa, 23^rd October, 2014