THE RIGHT TO SOCIAL INSURANCE FOR FARMERS

In accordance with the Act of 20 December 1990 on social insurance for farmers, farmers and household members working with them are eligible to social insurance for farmers provided that they meet one of the following conditions (Article 1(1) points 1-3 and paragraph 1a):

  • have Polish citizenship,
  • stay on the territory of the Republic of Poland on the basis of a visa, a temporary residence permit, a permanent residence permit, a long-term EU- resident permit, residence permit for humanitarian reasons, consent for a tolerated stay or in connection with obtaining in Poland a refugee status or supplementary protection status
  • have the nationality of a Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA) parties to the Agreement on the European Area, unless European Union legislation on the application of social security schemes does not provide otherwise.

The insurance of farmers distinguishes  such types of insurance:

  • health and maternity (including accident insurance)
  • old-age and disability insurance.

Agricultural Social Insurance Fund manages the implementation of farmers'insurance.

Definition of a person entitled to insurance

Farmer

Crucial to the outcome of the insurance obligations is a definition of a farmer contained in the Act.  In accordance with Article 6, paragraph 1, the farmer is an adult natural person residing and carrying out on Polish territory, personally and for his own account, an agricultural activity on a farm at its disposal, including the framework of the agricultural producer groups, as well as the person who has a holding of the land to be afforested.

Household member working with a farmer

Household member within the meaning of the Act on social insurance for farmers, is a person who is the next of kin to a farmer who:

  • reached  the age of 16,
  • remains with a farmer in a common household or lives in the area of his holding or in its immediate vicinity,
  • workscontinuously in the farm on a permanent basis and is not bound to a farmer by an employment relationship.

Conditions for insurance cover

According to the Act, the condition for covering  a farmer and household  worker working with the by the social security for farmers is conducting by the farmer himself agricultural activity, namely the production of crop and livestock production, including horticulture, fruit, honey and fish or activities on a special agricultural production unit, as defined in the Annex to the Act on Social insurance for farmers (e.g. cultivation of ornamental plants and others in heated  greenhouses above 100 m² or apiary with over 80 families).

In addition, the insured is subject to such conditions:

  • not being subject to any other social insurance (i.e.  insurance in ZUS),
  • lack of  a right to an old-age pension or disability pension or lack of entitlement to social insurance benefits.

Rate of contribution

In the case of farmers, the contribution rate for one or more quarters shall be determined in the contribution fund and shall be announced by the President of KRUS  in the Official Journal of the Republic of Poland "Monitor Polski" at least 14 days before the first day of the quarter in question.

Monthly contribution to old-age and disability insurance amounts to 10 % of the basic pension.  The basic pension shall be the amount of the lowest monthly old-age pension which had been set out in legislation.

A farmer, whose holding covers more than 50 hectares of agricultural land conversion, pays an additional monthly contribution in the amount of:

  • 12 % of the basic pension -  where the agricultural holding covers an area of 100 conversion hectares of agricultural land;
  • 24 % of the basic pension  -  where the agricultural holding includes the area of agricultural land of more than 100 conversion hectares and less than 150 conversion hectares ;
  • 36 % of the basic pension  - where the agricultural holding includes the area of agricultural land of more than 150 conversion hectares and less than 300 conversion hectares;
  • 48 % of the basic pension  -  where the agricultural holding comprises an area of more than 300 conversion hectares. 

In the publication Insurance of entrepreneur by the Agricultural Social Insurance Fund provides information inter alia on the current contribution rates.

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