| Skip to content Social Security Online |
International Programs | |
| International Programs Home | Totalization Agreement with PolandSSA Publication No. 05-10178, March 2011, ICN 480197 [OMB Approval Number: 0960-0554 Expires 10/31/2013] |
|
Introduction |
An agreement effective March 1, 2009, between the United States and Poland improves social security protection for people who work or have worked in both countries. It helps many people who, without the agreement, would not be eligible for monthly retirement, disability or survivors benefits under the social security system of one or both countries. It also helps people who would otherwise have to pay social security taxes to both countries on the same earnings. This booklet covers highlights of the agreement and explains how it may help you while you work and when you apply for benefits. The agreement may help you, your family and your employer
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Coverage and Social Security taxes |
Before the agreement, employees, employers, and self -employed people could, under certain circumstances, be required to pay social security taxes to both the United States and Poland for the same work. Under the agreement, if you work as an employee in the United States, you normally will be covered by the United States, and you and your employer will pay Social Security taxes only to the United States. If you work as an employee in Poland, you normally will be covered by Poland, and you and your employer pay social security taxes only to Poland. On the other hand, if your employer sends you from one country to work for that employer or an affiliate in the other country for five years or less, you will continue to be covered by your home country and you will be exempt from coverage in the other country. For example, if a U.S. company sends an employee to work for that employer or an affiliate in Poland for no more than five years, the employer and the employee will continue to pay only U.S. Social Security taxes and will not have to pay social security taxes in Poland. If you are self-employed and reside in the United States or Poland, you generally will be covered and taxed only by the country where you reside. NOTE: In addition to retirement, disability and survivors benefits, Polish social security taxes cover several other programs including one-time indemnity payments, pensions awarded as a result of work accidents and occupational diseases, and funeral grants. As a result, workers exempted from Polish social security coverage by the agreement pay no social security taxes for these programs and generally cannot receive benefits from them. If the agreement exempts you from Polish coverage, you and your employer may wish to arrange for alternative benefit protection. Summary of agreement rulesThe following table shows whether your work is covered under the U.S. or Polish social security system. If you are covered under U.S. Social Security, you and your employer must pay U.S. Social Security taxes. If you are covered under the Polish system, you and your employer must pay Polish social security taxes. If you are self-employed and reside in the United States or Poland, you generally will be covered and taxed only by the country where you reside. The next section "Certificate of coverage"explains how to get a form from the country where you are covered that will prove you are exempt in the other country. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
NOTE: As the table indicates, a U.S. worker employed in Poland can be covered by U.S. Social Security only if he or she works for a U.S. employer. A U.S. employer includes a corporation organized under the laws of the United States or any state, a partnership if at least two-thirds of the partners are U.S. residents, a person who is a resident of the U.S. or a trust if all the trustees are U.S. residents. The term also includes a foreign affiliate of a U.S. employer if the U.S. employer has entered into an agreement with the Internal Revenue Service (IRS) under section 3121(l) of the Internal Revenue Code (IRC) to pay Social Security taxes for U.S. citizens and residents employed by the affiliate. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Certificate of coverage |
A certificate of coverage issued by one country serves as proof of exemption from Social Security taxes on the same earnings in the other country.Certificates for employeesTo establish an exemption from compulsory coverage and taxes under the Polish system, your employer must request a certificate of coverage (form USA/PL 1) from the United States at this address: Social Security Administration If preferred, the request may be sent by fax to 410-966-1861. Please note this fax number should be used only to request certificates of coverage. No special form is required to request a certificate, but the request must be in writing and the following information must be provided:
* A “NIP” is the Polish individual tax identification number given to either a person or a legal entity within the Polish system. In addition, your employer must indicate if you remain an employee of the U.S. company while working in Poland or if you become an employee of the U.S. company’s affiliate in Poland. If you become an employee of an affiliate, your employer must indicate if the U.S. company has an agreement with the IRS under section 3121(l) of the Internal Revenue Code to pay U.S. Social Security taxes for U.S. citizens and residents employed by the affiliate and, if yes, the effective date of the 3121(l) agreement. Your employer also can request a certificate of U.S. coverage for you over the Internet using a special online request form available at www.socialsecurity.gov/coc. Only an employer can use the online form to request a certificate of coverage. A self-employed person must submit a request by mail or fax. To establish your exemption from coverage under the U.S. Social Security system, your employer in Poland must request a certificate of coverage (form PL/USA 1) from Poland (Zaklad Ubezpieczeń Społecnych-ZUS) at this address:
To establish your exemption from coverage under the U.S. Social Security system, if Kasa Rolniczego Ubezpieczenia Spoleczengo (KRUS) coverage is desired, you (as the owner of a farm) or your employer in Poland must request a certificate of coverage (form PL/USA 1) from: Centrala Kasy Rolniczego Ubezpieczenia The same information required for a certificate of coverage from the United States is needed to get a certificate from Poland except you must show your Polish social security number rather than your U.S. Social Security number. Certificates for self-employed peopleIf you are self-employed and would normally have to pay social security taxes to both the U.S. and Polish systems, you can establish your exemption from one of the taxes.
You must provide the following information in your letter:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Effective date of coverage exemptionThe certificate of coverage you receive from one country will show the effective date of your exemption from paying social security taxes in the other country. Generally, this will be the date you began working in the other country, but no earlier than the effective date of the agreement. Certificates of coverage issued by Poland should be retained by the employer in the United States in case of an audit by the IRS. No copies should be sent to the IRS unless specifically requested by the IRS. However, a self-employed person must attach a photocopy of the certificate to his or her income tax return each year as proof of the U.S. exemption. Copies of certificates of coverage issued by the United States will be provided for both employee and employer. It will be their responsibility to present the certificate to the Polish authorities when requested to do so. To avoid any difficulties, your employer (or you, if you are self-employed) should request a certificate as early as possible, preferably before your work in the other country begins. If you or your employer requests a certificate of coverage, you should read the Privacy Act and Paperwork Reduction Act Statements below.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Monthly benefits |
The following table shows the various types of social security benefits payable under the U.S. and Polish systems and briefly describes the eligibility requirements that normally apply for each type of benefit. If you do not meet the normal requirements for these benefits, the agreement may help you to qualify (see "How benefits can be paid" section). This is only a general guide. You can get more specific information about U.S. benefits at any U.S. Social Security office, or by calling our toll-free number at 1-800-772-1213 or by visiting Social Security’s website at www.socialsecurity.gov. You can get more detailed information about the Polish system by writing to the Polish addresses on the inside cover of this publication or by visiting the Polish social security website for ZUS at www.zus.pl, and the Polish social security website for KRUS at www.krus.gov.pl/en/about-krus/. Under U.S. Social Security, you may earn up to four credits each year depending on the amount of your covered earnings. The amount needed to earn a work credit goes up slightly each year. For more information, see How You Earn Credits (Publication No. 05-10072). Under the Polish system, credits are measured in months. To simplify the information in the table, requirements are shown in years of credits. It is important to know that Poland pays benefits through two different programs. The first program Zaklad Ubezieczeń Społecznych (ZUS), has a two-tier mandatory program which affects workers born after 1948. The first tier, a pay as-you-go (PAYG) account sets a limit on the amount of contributions a person could contribute into the account. The second tier is a fully funded Open Pension Fund (OFE), which is a privately-managed individual account-defined contribution program. Prior to January 1, 1999, the original ZUS system was based on defined mandatory contribution from employers and employees and had a length of coverage requirement. The second program, Kasa Rolniczego Ubezpieczenia Społeczengo (KRUS), is a system where benefits are based on contributions and general revenue subsidies for farmers.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Monthly benefits and eligibility requirements
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How benefits can be paidIf you have Social Security credits in both the United States and Poland, you may be eligible for benefits from one or both countries. If you meet all the basic requirements under one country’s system, you will get a regular benefit from that country. If you do not meet the basic requirements, the agreement may help you qualify for a benefit as explained below.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How credits get countedYou do not have to do anything to have your credits in one country counted by the other country. If we need to count your credits under the Polish system to help you qualify for a U.S. benefit, we will get a copy of your Polish earnings record directly from Poland when you apply for benefits. If Poland needs to count your U.S. credits to help you qualify for a Polish benefit, it will get a copy of your U.S. earnings record directly from the Social Security Administration when you apply for the Polish benefit. Although each country may count your credits in the other country, your credits are not actually transferred from one country to the other. They remain on your record in the country where you earned them and also can be used to qualify for benefits there.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Computation of U.S. benefit under the agreementWhen a U.S. benefit becomes payable as a result of counting both U.S. and Polish social security credits, an initial benefit is determined based on your U.S. earnings as if your entire career had been completed under the U.S. system. This initial benefit is then reduced to reflect the fact that Polish credits helped to make the benefit payable. The amount of the reduction will depend on the number of U.S. credits: the more U.S. credits, the smaller the reduction; and the fewer U.S. credits, the larger the reduction. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
A Polish ZUS or KRUS pension may affect your U.S. benefit |
If you qualify for Social Security benefits from the United States and a Polish pension (either ZUS or KRUS) and you did not need the agreement to qualify for the U.S. benefit, the amount of your U.S. benefit may be reduced. This is a result of a provision in U.S. law that can affect the way your benefit is figured if you also receive a pension based on work not covered by U.S. Social Security. For more information, call our toll-free number, 1-800-772-1213, or visit our website, www.socialsecurity.gov, and get a copy of our publication, Windfall Elimination Provision (Publication No. 05-10045).If you are outside the United States, you may write to us at the address in "For more information" section. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
What you need to know about Medicare |
Medicare is the U.S. national health insurance program for people age 65 or older or who are disabled. Medicare has four parts:
You are eligible for free hospital insurance at age 65 if you have worked long enough under U.S. Social Security to qualify for a retirement benefit. People born in 1929 or later need 40 credits (about 10 years of covered work) to qualify for retirement benefits. Although the agreement between the United States and Poland allows the Social Security Administration to count your Polish credits to help you qualify for U.S. retirement, disability or survivor benefits, the agreement does not cover Medicare benefits. As a result, we cannot count your credits in Poland to establish entitlement to free Medicare hospital insurance.For more information about Medicare, call our toll-free number, 1-800-772-1213 or visit Medicare’s website at www.medicare.gov and ask for the publication, Medicare (Publication No. 05-10043). |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Claims for benefits |
If you live in the United States and wish to apply for U.S. or Polish benefits:
You can apply for Polish benefits at any U.S. Social Security office by completing application form SSA-2490-BK and any additional Polish application forms. If you live in Poland and wish to apply for U.S. or Polish benefits, contact: If you live in Poland and wish to apply for U.S. or Polish benefits, contact:
You can apply with one country and ask to have your application considered as a claim for benefits from the other country. Information from your application will then be sent to the other country. Each country will process the claim under its own laws, counting credits from the other country when appropriate, and notify you of its decision. If you have not applied for benefits before, you may need to provide certain information and documents when you apply. This includes:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Payment of benefitsEach country pays its own benefit. U.S. payments are made by the U.S. Department of the Treasury each month and cover benefits for the preceding month. Payments under the Polish system are paid by direct deposit the last banking day of the month covering benefits for that month.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Absence from U.S. territoryNormally, persons who are not U.S. citizens may receive U.S. Social Security benefits while outside the United States only if they meet certain requirements. However, under the agreement, you may receive benefits as long as you reside in Poland regardless of your nationality. If you are not a U.S. or Polish citizen and live in another country, you may not be able to receive benefits. The restrictions on U.S. benefits are explained in the publication, Your Payments While You Are Outside The United States (Publication No. 05-10137.)
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AppealsIf you disagree with the decision made on your claim for benefits under the agreement, contact any U.S. or Polish social security office. The people there can tell you what you need to do to appeal the decision. The Polish social security authorities will review your appeal if it affects your rights under the Polish system, while U.S. Social Security authorities will review your appeal if it affects your rights under the U.S. system. Since each country’s decisions are made independently of the other, a decision by one country on a particular issue may not always conform with the decision made by the other country on the same issue. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
For more information |
To file a claim for U.S. or Polish benefits under the agreement, follow the instructions given in under "Claims for benefits". If you live outside the United States, write to:
For more information about Poland’s ZUS social security programs, contact the appropriate social security office in Poland. If you do not live in Poland, write to:
For information about Poland’s KRUS social security for farmers write to:
For information on how to obtain a REGON number (Rejestr urzestr podmiotow Gospodarki Narodowej) contact the Central Statistical Office at their central headquarters:
For information on how to obtain a NIP number (Numer Indentyfikacji Podatkowej) contact the Ministry of Finance:
If you do not wish to file a claim for benefits but would like more information about the agreement, write to: For additional information, visit our website, www.socialsecurity.gov/international. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Contacting Social Security |
Visit our websiteOur website, www.socialsecurity.gov, is a valuable resource for information about all of Social Security’s programs. At our website you can:
Call our toll-free numberIn addition to using our website, you also can call us toll-free at 1-800-772-1213. We treat calls confidentially. We can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday. We can provide information by automated phone service 24 hours a day. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. We also want to make sure you receive accurate and courteous service. That is why we have a second Social Security representative monitor some telephone calls. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |
Privacy Policy | Website
Policies & Other Important Information | Site
Map
Last reviewed or modified Tuesday Mar 22, 2011 |