Biznes Fakty
They want childless people to pay more. There's a decision on the petition.
On Tuesday, a parliamentary committee dismissed a proposal to tie pension insurance contributions to the number of children. „The law cannot compel, and we cannot compel, anyone to have children, as this would be unconstitutional,” stated Marcin Józefaciuk (Civic Coalition), MP, who introduced the proposal. Conversely, Rafał Bochenek from the Law and Justice party (PiS) asserted that „the Polish government should ensure that as many children as possible are born in Poland.”
The proposal reviewed on Tuesday by the petitions committee suggested implementing a double pension contribution for individuals over 30 without children and a 50 percent increased contribution for married couples with only one child.
Individuals who provide a medical certificate confirming infertility or in cases of the death of a born child would be exempt from these additional obligations.
The proposal contradicts the Social Security System Act
MP Marcin Józefaciuk (KO), who outlined the proposal’s principles, highlighted that the legal review indicated the proposal was inconsistent with the Social Insurance System Act. He emphasized that one of the core tenets of social insurance is the principle of equal treatment for all insured individuals, regardless of gender, race, ethnicity, nationality, marital status, or family situation, as stated in the Act.
He mentioned that the Polish social security framework also considers the principle of social justice, and pension amounts are directly related to the contributions made. Accepting the proposal in the petition would consequently result in a considerable increase in pensions for those who would otherwise face higher contributions.
Józefaciuk noted that the reasons individuals opt not to have children are diverse. „Some people simply choose not to, or may feel unready to, have children. Others, due to various genetic disorders in their family histories, decide against having children to avoid passing on their genes,” he pointed out.
„The law cannot force, and we cannot force, anyone to have children, as this is also at odds with the Constitution. We must remember that the Constitution (…) mandates that the law treats everyone exactly the same, and in this case, people would be unfairly marginalized,” he stressed.
Józefaciuk emphasized that measures aimed at enhancing the birth rate should be pursued through incentives rather than mandates or regulations. He also indicated that the solution proposed in the petition is not original, but „appears too strange for contemporary times.” As a result, he advised against accepting the request under consideration.
„The Polish government should ensure that as many children as possible are born in Poland”
Marek Bucior, an advisor at the Social Insurance Department of the Ministry of Family, Labor and Social Policy, concurred with MP Józefaciuk and the legal analysis he provided, stating that the petition lacks merit. He noted that the social insurance system is supported by the state budget, and when contributions to the fund fall short, the deficiencies are compensated by state budget subsidies, i.e., taxes.
– It is important to remember that taxes are non-repayable, so if a deficit is covered by taxes, there is no need to compensate anyone additionally for the loss covered by taxes through an increased benefit – he remarked.
Deputy Committee Chairman Rafał Bochenek (PiS) underscored that the fundamental principle of the social security system is generational replacement, and the ministry should not rely on subsidies from the state budget. „The Polish government should ensure that as many children as possible are born in Poland,” he asserted.
Marek Bucior from the Ministry of Family, Labor and Social Policy responded to the PiS MP’s comments, emphasizing that every effort should be made to boost the birth rate in Poland. He noted that this includes adequate maternity benefits, maternity leave, and various support mechanisms, such as the 800+ program.
The Commission decided unanimously not to consider the request stated in the petition in question.
