Retirement in Poland and the USA – how to get the optimal benefit?

Many people who went to the United States to work there earn pension rights in Poland and in the USA. The rules for paying benefits in such a situation are regulated by the agreement between the Republic of Poland and the United States of America on social security, signed in Warsaw on April 2, 2008. It creates two systems for the payment of Polish benefits – full and proportional. As a rule, the Social Insurance Fund pays out the benefits calculated in the full system, unless those resulting from the proportional system are more beneficial to the insured.
Full benefits are generally higher, however, according to the solutions used in the so-called Windfall Elimination Provision , in case of collecting a full benefit in Poland, the American service is reduced. This means that for many people, despite the fact that the full benefit is more beneficial from the perspective of Poland, taking into account the total amount of the retirement pension – it would be better to opt for a pro rata benefit. Nonetheless, in many situations, the Social Insurance Institution, in spite of the will and interest of the insured, grants full pension. In such a situation, it is necessary to appeal against the decision in court.