30 June 2022

Changes in PPK – new deadlines and obligations

Pracownicze Plany Kapitałowe (PPK, Employee Capital Plans) are still a relatively new project implemented by the government, so it is not surprising that the amendments to the laws aimed at improving their functioning are still ongoing. The changes introduced on June 4th, 2022, include an update of the definition of the employing entity, new deadlines for concluding PPK contracts, or new obligations of employers, among others.

The legal basis of PPK changes is the Law of April 28th, 2022, on the rules for the implementation of tasks financed from European funds in the 2021-2027 financial perspective (Journal of Laws 2022, item 1079). 

We present the most important changes to the PPK, which entered into force on June 4th, 2022.

Possibility to conclude a PPK agreement after 14 days of employment

The most important regulation is the change of the date of the employee’s possibility to join the PPK. From June this year, a newly hired employee will be able to join the PPK after only 14 days of employment. Not later than by the 10th day of the month following the month in which the term of 3 months of employment expired.

Previously, the employing entity could conclude a contract for running a PPK on behalf of and for the benefit of a person employed after the end of the third month of employment, not later than by the 10th day of the month following the month in which this 3-month period expired.

This change allows entities to employ an early contract for the conduct of PPK for an employed person, and at the same time does not shorten the time limit for concluding this contract. In practice, therefore, the employee should be informed about the possibility of joining the PPK within a few days after concluding the contract.

Statements on contracts for the management of PPK 2022

Before the changes, a PPK participant needed to submit a declaration stating the contracts for conducting PPK concluded on his behalf within 7 days after the end of 10 days of the month following the month in which the term of 3 months of employment expired.

Such a complicated method of setting this matter was not justified. Therefore, the employee will now have 7 days to inform the current employer about binding PPK contracts, while the employer will be responsible for applying for the transfer of the funds collected so far (transfer payment application).

PPK – changes to the definition of the employing entity

The definition of an employing entity has been extended to include employers who do not have a tax identification number (NIP) or REGON. Thus, this applies to those entities for which the obligations related to the payment of remuneration and the payment of social security contributions are performed by another entity.

Conditions for exclusion from PPK 2022 – informing obligation

Micro-entrepreneurs and natural persons as employing entities acquired a new obligation related to PPK. Starting from June 4th, they will have to inform the Polish Development Fund (PFR) about the reasons why they have not implemented the PPK program for their employees.

The purpose of this change is to provide PFR with the possibility of verifying the correctness of activities in the scope of PPK of these employing entities.

Other changes:

• A contract for running a PPK for a person who is 55 but under 70 is always concluded at the request of that person.
• The uniform deadline for making the first and subsequent payments to the PPK is set from the month following the month in which the PPK participant submitted an additional payment declaration.
• The possibility of withdrawing undue payments to the PPK, welcome payment, and state subsidies, in a situation where it is found that they have been made unjustifiably.