Organizacyjno-prawne przekształcenie Zakładu Ubezpieczeń Społecznych w ramach reformy ubezpieczeń społecznych z 1998 roku

Since the beginning of 1999 a fundamental reorganization of the social security system was introduced, which has substantially changed the existing mechanisms of its functioning. Within this reform a situation of the main social security performer, The Social Security Institution, had undergone a great changement in executive as well as organizational and legal form. As a consequence of the above mentioned rarely commented on and considered outcomes have appeared and determined further functioning of the Institution. Filling this gap, hereby the author takes upon a subject of the transformation of The Social Security Institution into the state administration body, equipped with legal personality, as well as issues related to the “transfer” of the employees of the state administration into the new unit, and endowment of the newly formed entity with possessions. He also does not leave unmentioned the subject of the liability and legal responsibility for the predecessor. The situation of the Institution as a legal successor of social insurance institutions, operating sine 1950, and as a successor of the further organizational units competent in the matters of pensions and annuities was also discussed. The author analyzes the organizationally and legally transformed institution, and puts a big emphasis on its legal status as a legal personality, introducing a conclusion by mentioning that the Social Security Institution is primarily a state organization unit and only then a legal personality and that its dualistic character can favourably affect the fulfillment of its statutory assigned tasks.