On 25 May 2018 the Ministry of Finance presented an updated draft of the law on establishing of Employees’ Capital Pension Schemes (PPK). The new regulations would need to be agreed by the Parliament to become biding.
The changes planned in the retirement system may have an impact on settlement of employers and employees. Do you know how to prepare a company for the change?
Key assumptions of the PPK
PPK would be a new, mandatory for employers and voluntary for employees system for collecting pension savings under the third pillar of the pension system. The new scheme is intended to improve the structure of Polish pension savings and shall be complementary to the voluntary Employee Pension Schemes (PPE).
Assumptions:
- PPK will be mandatory for all employers, who hire employees and persons engaged in home work within the meaning of the Labor Code, members of agricultural production cooperatives and members of farmers’ circle, persons performing work on the basis of a contract of agency, contract of mandate or other contracts on performance of services within the meaning of the Civil Code as well as members of supervisory boards remunerated for these functions.
- Under the planned regulations the obligation to implement PPK will initially cover all employers employing over 250 people.
- Employers who have already established PPE (which is a voluntary program), will not be obliged to create PPK, provided that the mandatory employer’s contribution to PPE will not be lower than 3,5% and at least 50% of the employees joined to the PPE.
- The exemption from the obligation to create a PPK will also apply to persons who do not run a business activity.
- The exemption may also be used by micro-entrepreneurs if all employed persons within the statutory period submit a declaration of resignation from participation in PPK.
- Additionally, an employer who established PPK, and then created PPE (in line with the principles described above) may stop financing the basic and additional contributions to PPK for employed persons who joined to PPE from the month following the month in which the PPE was registered by the supervisory authority.
- Employees’ Capital Pension Scheme will be based on the co-operation of employers and employees in creating of employees’ long-term pension savings in the investment funds (both employers and employees will make contributions).
- The employee's contribution will be 2% of the employee’s remuneration (with the possibility of an additional voluntary contribution of 2%). The employer's contribution will be 1.5% of the employee’s remuneration (with the possibility of the additional voluntary contribution of 2.5%).
- Employees contribution can be lower than 2% (but not less than 0.5%) for those employees whose remuneration is less than PLN 2,100 in a given month.
- The additional voluntary contribution paid by the employer can be differentiated depending on the period of employment or on the basis of the employer’s rules of remuneration or the collective labor agreement.
- Employers will be able to choose a financial institution (among all institutions authorised on PPK portal), which will be managing employees’ pension savings.
250 PL
a co-financing from the State: a so-called welcome contribution
Who is affected by PPK?
The participants of the new system will be all employees between 19 and 55, who will automatically be registered under the PPK scheme with the right to opt out of the program. Employees over 55 will be able to join the program voluntarily.
Implementation schedule
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How can we help?
The decisions that the employers and employees will face are worth considering today
We offer broad support services for companies:
- An analysis comparing PPE and PPK from the client’s perspective,
- Presentation of the analysis for the client’s management team,
- Support in the consultations with the social side (employees and trade union representatives) and potential preparation of the workforce contract (PPE),
- Support in selecting a service provider,
- Verification of the contract for service provision and negotiation of the contract with the provider,
- Registration of PPE with KNF,
- Appropriate communication of the decision undertaken by the client to employees, including the presentation of costs and benefits to employees, and a workshop for employees on the rules governing the functioning of the PPE or PPK.
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