– the basis for calculating payment

The deadlines for concluding a PPK management contract and a contract for running a PPK are approaching for employers employing at least 50 employees and employers employing at least 20 employees.
Due to the epidemiological situation, the deadline for both of the above-mentioned groups of employers was equated to:

• 27 October 2020 for the conclusion of the PPK management contract,
• 10 November 2020 for the contract for running PPK.

One of the many practical problems that arise in connection with the implementation of PPK in each company is establishing the rules for the correct calculation of contributions to the PPK, in particular determining what components of the employee’s remuneration should be taken into account when calculating this payment.

The basis for calculating contributions to the PPK is the remuneration of the PPK participant.This remuneration, pursuant to Art. 2 clause 1 point 40 of the Act of 4 October 2018 on Employee Capital Plans (consolidated text, Journal of Laws of 2020, item 1342), states the basis for the calculation of contributions to the retirement and disability insurance of the PPK participant referred to in the Act of October 13, 1998 on the social insurance system (Journal of Laws of 2019, item 300, as amended), without applying the limitation referred to in Art. 19 paragraph 1 of this Act, and with the exception of the basis for the assessment of contributions to retirement and disability pension insurance for people on parental leave and receiving maternity allowance or allowance in the amount of maternity allowance.

In connection with the above, the basis for the calculation of contributions to retirement and disability pension insurance should be understood as income within the meaning of the provisions on personal income tax obtained from an employment relationship, excluding remuneration for the period of incapacity for work. due to illness or isolation due to an infectious disease, social security benefits and income referred to in § 2 sec. 1 of the Regulation of the Minister of Labor and Social Policy of 18 December 1998 on the detailed rules for determining the basis for the calculation of contributions for retirement and disability pension insurance (ie Journal of Laws of 2017, item 1949). Bearing in mind the above, it should be pointed out that determining what exactly the components of the employee’s remuneration will be taken into account when calculating contributions to the PPK should be analyzed individually, applying the principles set out in the above-mentioned provisions, e.g. bonuses (internship, functional), bonuses, overtime.