How Employment in Poland Is Counted Towards a Pension in Ukraine
Many Ukrainians who have worked or are currently working in Poland are interested in whether their employment and insurance periods acquired abroad will be taken into account when applying for a pension in Ukraine. Given the significant number of Ukrainian citizens working in Poland, this issue has become particularly relevant.
The recognition of periods of employment in Poland for pension purposes in Ukraine is governed by the Agreement between Ukraine and the Republic of Poland on Social Security dated 18 May 2012, ratified by the Verkhovna Rada of Ukraine on 5 September 2013. This Agreement operates according to the proportional principle, which means the following:
Insurance periods acquired in Poland may be taken into account together with Ukrainian insurance periods when determining whether a person meets the minimum insurance record requirements for entitlement to an old-age pension in Ukraine. For example, to retire at the age of 60 in 2025, a person generally needed at least 32 years of insurance record. If a person had 25 years of insurance record in Ukraine and another 7 years in Poland, these periods could be aggregated for the purpose of determining entitlement to a pension, subject to the rules of the Agreement.
Each country is responsible for granting and paying a pension for the insurance periods completed under its legislation. Ukraine calculates and pays the Ukrainian part of the pension in accordance with Ukrainian legislation, while Poland calculates and pays the Polish part for insurance periods completed under the Polish social security system. Earnings received in Poland are not used as Ukrainian earnings when calculating the amount of the Ukrainian pension.
To have Polish insurance periods recognized, the applicant must provide information and documents confirming official employment or insurance in Poland. The process of confirming these periods is coordinated between the competent institutions of the two countries. In Ukraine, this is handled through the Pension Fund of Ukraine (PFU), while in Poland the relevant institution is the Social Insurance Institution (Zakład Ubezpieczeń Społecznych – ZUS).
For periods of work in Poland to be taken into account for pension purposes, they must constitute insurance periods recognized under Polish legislation. As a general rule, the same period cannot be counted twice when periods completed under the legislation of Ukraine and Poland overlap.
A pension application and the documents required for the application may be submitted to the competent territorial body of the Pension Fund of Ukraine in accordance with the applicable procedure. Polish insurance periods are confirmed through cooperation with ZUS under the bilateral Social Security Agreement.
To confirm insurance periods acquired in Poland, the applicant submits the necessary information and documents to the Pension Fund of Ukraine. Depending on the available services and applicable procedure, documents may also be submitted electronically through the PFU web portal. If the applicant is also claiming a Polish old-age pension, the documents and forms prescribed under the Ukrainian-Polish social security coordination procedure may be required. The PFU forwards the relevant information to ZUS for verification. Once the Polish institution confirms the insurance periods, they may be taken into account in accordance with the Agreement. Each state then determines the pension payable under its own legislation.
If the Pension Fund of Ukraine refuses to take Polish insurance periods into account, the applicant has the right to challenge the decision. The following steps may be taken.
Obtain a written refusal:
– Request a written PFU decision specifying the reasons for the refusal, for example, insufficient documentation or the absence of confirmation of the relevant insurance periods in Poland.
Analyze the reasons for the refusal:
– Determine which documents or information are missing or do not meet the applicable requirements. For example, ZUS may be unable to confirm a particular period if the relevant information is absent from the Polish social insurance records.
Collect additional documents:
– If the refusal is caused by insufficient documentation, additional information may be requested from a former employer in Poland or from ZUS, including records relating to employment or social insurance contributions.
File an administrative complaint:
– Depending on the circumstances and the applicable appeal procedure, a PFU decision may be challenged before a higher-level body of the Pension Fund of Ukraine. The complaint should clearly identify the disputed decision, explain why the applicant considers it unlawful or unfounded, and include the available supporting evidence.
The complaint should generally contain:
– the applicant’s full name and place of residence;
– the name of the Pension Fund authority that issued the disputed decision;
– the substance of the applicant’s claims and the grounds for challenging the decision;
– information on whether the Pension Fund’s decision has also been challenged before a court, where applicable.
The complaint must comply with the procedural requirements applicable at the time of filing. If the dispute cannot be resolved through the administrative procedure, the PFU decision may be challenged before an administrative court. Professional legal assistance can help determine the appropriate appeal procedure, prepare the necessary documents and evidence, and represent the applicant in proceedings against the Pension Fund.
The process of confirming foreign insurance periods and challenging PFU decisions can be complicated and time-consuming. Errors in documents, incomplete applications or an incorrect interpretation of the Ukrainian-Polish Social Security Agreement may lead to delays or refusals. Our pension lawyers can analyze whether your documents meet the applicable requirements of the PFU and ZUS and determine what additional evidence may be required.
Our lawyers can assist with communication with the Pension Fund of Ukraine and the competent Polish institutions, prepare administrative complaints or court claims, and represent clients in pension disputes. We also explain how Ukrainian and Polish insurance periods affect pension entitlement and how pension payments are determined under the legislation of each country.
Insurance periods acquired in Poland may be taken into account when determining pension rights in Ukraine, provided that they are officially confirmed in accordance with the Agreement between Ukraine and the Republic of Poland on Social Security dated 18 May 2012. Ukrainian and Polish insurance periods may be aggregated where necessary to determine entitlement to a pension, while each country is responsible for calculating and paying the pension attributable to the periods completed under its legislation. If the Pension Fund of Ukraine refuses to recognize Polish insurance periods, the decision may be challenged through the applicable administrative procedure or before an administrative court. Our pension lawyers can assist you throughout this process and help protect your pension rights.
Contact us for a consultation, and we will provide professional legal assistance at every stage of your pension case.
