[Poland] The Polish Development Fund (PFR) reminds companies to conclude PPK agreements

PFR has sent calls to conclude PPK management agreements to over 9 000 companies which so far have not fulfilled this obligation. In the near future, such information is also to be received by nearly 680 thousand smaller entities. A draft bill introducing the possibility of sending the calls using the ZUS system has been submitted to the Sejm.

PFR calls – existing regulations

The Act on Employee Capital Plans (PPK) imposes an obligation on the employing entity to conclude an agreement for the management of the PPK within a specified period of time. If this obligation is not fulfilled, the PFR sends a written calls to conclude a management agreement or to provide the Polish Development Fund with information on the conclusion of such an agreement. The companies have 30 days from the date of receipt of the summons to do so.

In the calls, the PFR informs of a fine of up to 1.5% of the wage fund of the employing entity in the financial year preceding the failure to conclude the PPK management agreement within the statutory deadline.

The PFR has already sent calls for the conclusion of agreements to 684 companies with more than 250 employees and to 8616 entities with at least 20 employees. It is estimated that the number of calls for other entities may reach 678 674.

Check out the services of Contract Administration – PPK support services.

Electronic calls to conclude PPK agreements – draft regulations

The draft bill submitted to the Sejm on 21 July 2021 is to grant additional powers to the PFR and facilitate the sending of calls regarding the conclusion of PPK management agreements. The amendment provides for the abandonment of the paper version of the calls during the state of epidemic hazard, state of epidemic and within one year from the cancellation of the most recent state and introduces the possibility of sending the calls electronically using the information profile in the system of the Social Insurance Institution (ZUS).

After the change in regulations, the Polish Development Fund will provide the Social Insurance Institution with the name and Tax Identification Number of the employing entity, and ZUS will make the e-call available on the information profile.

An electronic call will be considered effective:

• at the time of its receipt by the employing entity on its information profile in the Social Insurance Institution’s ICT system,
• if not received – after 14 days from the day of posting the call in the ZUS system.

The abandonment of the paper calls is expected to generate savings of almost PLN 11 million.

The bill has now been submitted for consideration under the so-called fast track legislative procedure and the new legislation is scheduled to come into force on 1 September 2021.

Phases of PPK implementation

It should be recalled that the obligation to implement Employee Capital Plans began to cover micro-companies on 1 January 2021, and they were obliged to conclude an agreement for the management of PPK until 23 April 2021 at the latest. Previously, the PPKs were implemented by companies from the SME sector and large enterprises employing more than 250 people.

The deadlines for PPK implementation by programme phases

Learn more: Health contribution in the Polish Order – draft legislation

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