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A.Valcke, Solicitor
Category: European Law
Satisfied Customers: 740
Experience:  14+ years experience // Masters in EU Law
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Dear Sir/Madam,I have a question about pension for people

Customer Question

Dear Sir/Madam, I have a question about pension for people who worked in Poland and than emigrated do USA. Poland and USA have an agreement to pay a pension for years of work in each country. Poland supposedly has a regulation to pay for years worked in Poland by creating a ratio: years of working in Poland to total years worked in both countries. Than they calculate the pension by multiplying it by the ratio. It does not agree with the rules of the American regulations. So in reality, it is a small fraction of pension for years worked in Poland. Would you please tell me if there is any constitutionional regulation as to how the pension should be calculated. Any other country is recompensating individuals, for years worked in this country. It seems strange, that Poland, being a member of the EU, has their own rules. I worked in Poland for 12 years, and in the United States for 33 years. Would you please advise me , if you can, how much pension should I receive.


Daniel XXXX





Submitted: 4 years ago.
Category: European Law
Expert:  Fran-mod replied 4 years ago.

Thank you for contacting

It was brought to our attention that you asked a legal question about Poland, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obligated to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Expert:  A.Valcke replied 4 years ago.
Thank you for your question.

There are EU rules that coordinate pension entitlements accrued in EU countries, including Poland.

However the rules only apply to persons residing in the EU. The EU Court has recognised that for pensioners residing outside the EU, the EU rules do not apply (Case C-331/06 Chuck). The Court confirmed that each EU country retains full discretion on how pensions are calculated for pensioners residing outside the EU.

As a result, I am afraid that there is nothing under EU law that prevents the Polish authorities from concluding a bilateral agreement on pensions with the US.

I hope this answers your question.

Kind regards

A. Valcke