ZUS is confiscated by pension contributions? The plant speaks in a high -profile case

The refund of unduly paid pension contributions takes place within 30 days of the receipt of the application in this matter. After five years, there is a limitation period – PAP donated the labor department, referring to media reports. MRPiPS emphasized that the contributions are not confiscated and the current provisions have been in force since 2011.

“GW” describes the case of Mrs. Aldona

“Gazeta Wyborcza” this week described the case of a woman who was paying pension contributions under an employment contract for 19 years. She worked in a company she was the owner.

“ZUS stated that what the woman postponed would not serve her retirement. 350,000 zlotys disappeared from her individual account in the plant. ZUS took over and transferred to one big bag with the inscription Social Insurance Fund. Pension for all Poles was paid from him,” wrote the newspaper.

According to “Wyborcza”, the operation of ZUS results from the amendment to the Act on the social insurance system and some other acts introduced in 2022, i.e. Polish order.

“One of her articles says that after five years the insured loses the right to a refund of overpaid contributions (such as tributes are considered to be, which we should not pay according to ZUS) and to correct documents. The contributions are lost” – we read in the article.

ZUS speaks

The Ministry of Labor in response to PAP's questions explained that the settlements on the contribution payer's account are based on settlement documents submitted by the payer or prepared by ZUS (first -time or corrective), as well as paid payments.

“If, as a result of corrections, the sum of payments exceeds the sum of the credited to the account, an overpayment arises on the account. This overpayment is subject to an ex officio credit against the overdue, current or future contributions, unless the payer submits the request for a refund,” said the ministry.

He added that the refund of unduly paid contributions takes place within 30 days of the receipt, and in the case of exceeding this date, ZUS is obliged to pay interest.

The ministry indicated that if in the course of the ZUS return proceedings finds obstacles that prevent positive consideration of the application (e.g. errors in documents, limitation, enforcement occupation), the payer receives a notification of a refusal to return with an indication of the reasons. At his request, the matter is resolved in the form of an administrative decision.

MRPiPS pointed out that the rules for returning and limitation of unduly paid contributions were set out in the provisions of the Act on the Social Insurance System.

“Since 2011, a five -year limitation period has been in force from the date of notification of over the overpayment or from the date of its payment (in the absence of notification),” reminded the ministry.

The ministry emphasized that The contributions are not confiscated. The interested person and the company can ask the Social Insurance Institution to resolve in an individual casein particular regarding the recognition of contributions paid as related to being subject to insurance for being a partner in the company.

At the same time, the ministry pointed out that the contributions that have been expired are included in current social security liabilities.

“The implementation of social security provisions, including determining the insurance obligation, settlement of contributions and issuing administrative decisions in individual matters, belongs only to the competence of ZUS” – reminded MRPiPS.

The ministry added that the application of the law by ZUS is subject to judicial review.

“In this respect, the jurisprudence of the Supreme Court allows ZUS to determine a different title for insurance than reported, in particular in the case of partners of OO companies with majority shares. ZUS conducts monitoring and analysis of court rulings in this respect and shapes their practice,” the Ministry said.

In turn, ZUS reported that he did not create regulations, but exercises the applicable law adopted by the parliament.

“Unfortunately, we cannot speak as to the issues of proceedings regarding the insurance of company partners and the consequences of changing the rules of their subject. We lack the necessary information as to the facts” – noted the Social Insurance Institution. (PAP)

KKR/ JOZ/ MHR/