Employment & labor law /

Turmoil around the template of a statement of resignation from accession to the PPK

One of the key assumptions of the new pension program – Employee Capital Plans (PPK) is its voluntary nature. Importantly, the legislator set up the „opt out” option in this case, which means that each employee is automatically enrolled in the program, at the same time being entitled to submit a statement on resignation from participation in the PPK.

Template of the declaration of resignation recently published by the Ministry of Finance has become the subject of widespread, common criticism. First of all, the employee should provide a wide range of data about both himself/herself and the employer, in the case of employers being natural persons who have not been given a tax identification number, give the employer’s ID data or passport data.

Secondly, the controversy is raised by the content of statements to which an employee who resigns from joining an Employee Capital Plan is required, including a fully deliberated resignation from:

• „getting regular financial benefits that are available to participants of the PPK”
• „receiving a welcome payment in the amount of PLN 250, payable to participants of the PPK”
• „receiving annual subsidies in the amount of PLN 240, payable to participants of the PPK”
• „receiving basic payments financed by the employing entity (…)”
• further collection of funds on the PPK account that may be withdrawn from the participant’s account, including in case of serious illness of the participant or members of the closest family or to cover the contribution of own credit in connection with the purchase of a dwelling.

The declaration is constructed in such a way that in order to resign from joining the PPK, the employee is obliged to submit six signatures in total. It is also difficult to ignore the fact that, on the one hand, the legislator presents the PPK as a fully modern program assuming, among others, the electronic form of submitting declarations of will within the framework of the PPK, on ​​the other hand, the case of the declaration of cancellation of payments to the PPK, stipulates that for successful resignation from the program it is necessary to submit the declaration only in writing, and additionally, as is apparent from the content of art. 23 par. 3 of the PPK Act, employers will be obliged to inform the financial institution about submitting the said declaration by the participant within 7 days from submitting it.

Finally, it is worth mentioning that once submitted a declaration of resignation from payments for PPK will be valid only for four years. After the indicated period, it will be necessary to submit the described declaration again, otherwise the participant will automatically join the program

Author team leader DKP Legal Alicja Myśluk-Landowska
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