IKE - is third pillar enforcement possible?


A common misconception of a large number of people is that the funds accumulated on IKE are safe and guaranteed freedom from bailiffs. Well, the creditor has the right to satisfy his claims from the Individual Retirement Account, and thus property enforcement under the third pillar is allowed.

IKE savings under the bailiff's magnifying glass

It should be clarified that the funds collected in the first pillar (ZUS) and the second pillar (OFE) remain free from classes, while payments to IKE (third pillar) due to the fact that they are paid voluntarily (unlike ZUS and OFE contributions) are subject to bailiff seizure in through pending enforcement proceedings.

Bailiff looking for the debtor's IKE

The only problem that can be encountered is finding information about the fund with which the debtor has signed the contract. It is worth remembering to include in the enforcement application submitted to the bailiff, orders to make inquiries to the leading institutions about the debtor having an Individual Retirement Account. The normative act regulating the functioning of IKE is the Act of 20 April 2004 on individual retirement accounts.

Execution from the third pillar, i.e. from the IKE account

In practice, enforcement against IKE is the seizure of receivables on an individual account by the bailiff, who then terminates the IKE maintenance agreement.