Is it possible to rewrite the Ukrainian disability pension or old-age pension so that you continue to receive the benefit in Poland?
Issues related to the social security system between Poland and Ukraine are regulated by the Social Security Agreement between Poland and Ukraine, which entered into force on January 1, 2014.
Two benefits may be collected – from the Social Insurance Institution (Zakład Ubezpieczeń Społecznych – ZUS) and from the Ukrainian institution – if the beneficiary meets the conditions for granting them.
There is no such thing as the transfer of benefits, e.g. we have worked in Ukraine all our life, we are retired and now, due to the situation, we have come to the territory of the Republic of Poland and Poland pays us the pension we acquired in Ukraine, e.g. in PLN.
However, it is possible to sum up the insurance periods, as pursuant to Article 12 Paragraph 1 of the contract. were periods of insurance completed in accordance with the legislation it applies, if these periods do not coincide.
This means that when the beneficiary applies to ZUS for a pension (because he worked for some time in the territory of the Republic of Poland), but the period of insurance in the Republic of Poland turns out to be too short, then ZUS will add the insurance periods acquired in Ukraine. With the proviso that if the insurance periods completed in accordance with e.g. Polish legislation are shorter than 12 months, and on the basis of these periods, the beneficiaries do not acquire the right to a retirement pension or disability pension in accordance with Polish legislation, the ZUS institution does not grant any old-age pension or disability pension.
What seems to be crucial is that the entitlement is one thing and the amount of benefit is another. As noted above, it is possible to add insurance periods, but the benefit will be paid out proportionally, i.e. the ratio of Polish insurance periods to the sum of Polish and Ukrainian insurance periods will be calculated – which means that the benefit paid by ZUS will be paid only for the period of insurance in Poland.
The diplomatic representation of Ukraine should be consulted on the question of the possibility and rules of further receiving benefits from the competent authority of Ukraine on the basis of the rules previously collected in Ukraine.