Consolidated Act On Calculation And Payment Of Labour Market Supplementary Pension And Lump Sum In Connection With An Atp-Member Death

Original Language Title: Bekendtgørelse om beregning og udbetaling af Arbejdsmarkedets Tillægspension og engangsbeløb i forbindelse med et ATP-medlems død

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115497

Overview (table of contents) Chapter 1 Egenpension

Chapter 2 lump sum on death, on the basis of ATP contribution concerning the time before 1. January 2002

Chapter 3 lump sum on death, on the basis of ATP contribution on time from 1. January 2002

Chapter 4 Payout rules

Chapter 5 date of entry into force of

Annex 1 The full text of the Executive order on calculation and payment of labour market supplementary pension and lump sum in connection with an ATP-member death

Pursuant to § 10, section 14 (a), (2) and section 14 (g), paragraph 2 of the law on labour market Supplementary pension, see. lovbekendtgørelse nr. 848 of the 21st century. July 2006, be determined in accordance with the recommendation of the Board of Directors for arbejdsmarkedets tillægspension:

Chapter 1

Egenpension

§ 1. The Board of Directors for arbejdsmarkedets tillægspension can each year draw up annexes to this Ordinance. The annex contains the boundaries of whether ATP pension is to be paid as a capitalised lump sum, an annual allowance or a monthly allowance.

Chapter 2

Lump sum on death, on the basis of ATP contribution concerning the time before 1. January 2002

§ 2. Lump sum for the deceased ATP member spouse and children under the age of 18 years shall be paid in accordance with the rules in the ATP section § 11 – 13 and section 14 (a) and shall be calculated on the basis of ATP contribution concerning the time before 1. January 2002.

(2). Amount after ATP-§ 12 shall be calculated on the basis of the pension rights, the deceased member had reached the 1. July 1992, calculated on the basis of the contributions paid up to that time. For the purposes of this calculation, it is allocated for the calendar year 1992 from TAX reported contribution proportionally on 1. and 2. half-year of 1992.

Chapter 3

Lump sum on death, on the basis of ATP contribution on time from 1. January 2002

§ 3. Lump sum for the deceased ATP member spouse, cohabitant and children under 21 years of age shall be paid in accordance with the provisions of § § 14 ATP-b-14 g and shall be calculated on the basis of ATP contribution on time from 1. January 2002.

(2). Lump sum referred to in paragraph 1 represent 45,000 DKK PR. 1. January 2006, see. ATP-section 14 (b), (4) and section 14 (e), paragraph 4.

§ 4. A lump sum can only be paid pursuant to this chapter, if the deceased ATP member:





1) from 1. January 2002 has been a member of the supplementary pension scheme for at least 2 years and

2) from 1. January 2002 have paid contributions equivalent to at least 2 årsbidrag.





(2). The 2 year membership and 2 årsbidrag in (1) is calculated according to the rules laid down in sections 5-7.

§ 5. The condition of 2 years ' membership of the deceased are met when starting with the start time, see. paragraph 2, and until the time of termination, without prejudice. (3) in the absence of a member for at least 24 months.

(2). At start time means 1. January of the first year, which shall be paid into the ATP contribution for the Member. If the first contribution payment is due for the year in which the Member fills 16 years, start time, however, the date the Member occupies 16 years.

(3). Period, without prejudice to the Member. paragraph 1 shall be considered to include the period up to 1. in the month after the Member begins receiving his ATP-pension. Member period may not, however, be extended longer than until the date the Member occupies 67 years. If the member dies earlier than those already mentioned, the times counted Member period ended the day following that on which the Member is deceased.

§ 6. The condition of payment of 2 årsbidrag is met when the sum of all indbetalingsår after 2001, the ratio in each year between the deposited ATP contributions, see. ATP-section 4 (a) and section 15, converted into contribution under section 15 (1) and this year's årsbidrag under section 15 (1) is at least equal to 1.94 årsbidrag.

(2). When an ATP contribution was paid after a special rate, which make up more than a single årsbidrag for ATP-section 15 (1) be seen there by translation in (1) away from the part of the contribution, which represents more than a single contribution.

§ 7. If the deceased has been engaged in another EEA country after 31. December 2001, and if ATP is aware of this employment, account shall be taken of employment to ATP contributions paid for the dead after 31. December 2001, when the 2-year membership and 2 årsbidrag set out in section 5 and section 6. Employment in another EEA country is taken into account in accordance with the rules of the EC Regulation 1408/71 on the application of social security schemes to workers and members of their families moving within the community.

§ 8. For two persons can be considered as cohabiting after ATP-section 14 (b), they shall have joint residence and could enter into marriage with each other. This cohabitation shall consist, when cohabiting notes each other in ATP as cohabiting, and must have passed in the past 2 years prior to death.

(2). In determining where a person resides, is entitled to solely to provide ATP address information in the Central Person register, social security register, to reason. Two cohabiting with common domicile abroad who cannot satisfy the condition of the same address, according to the social security register, must at the ATP's request, submit the necessary documentation on the residence.

(3). If two cohabiting, there have noted each other in ATP as cohabiting, no longer have common domicile, or if they no longer can enter into marriage with each other, shall be considered communal life for lifted and the right to a one-time lapse. If cohabitation is resumed, must live together again have passed in the past 2 years prior to the death, until the conditions for the payment of a lump sum may be fulfilled.

(4). If samleveren have stay at the institution, it is not a requirement that the person concerned has had the common residence in the past 2 years prior to the death, but they should have had the common residence in the past 2 years prior to your stay.

§ 9. Lump sum on 45,000 DKK to the deceased ATP member spouse or partner after the ATP section 14 (b) be reduced by 9,000 DKK each year from the Member's 66-anniversary, so that can not be paid any amount when the Member is filled 70 years.

Chapter 4

Payout rules

§ 10. ATP shall pay the lump sum in connection with ATP-the Member's death on the basis of the ATP-contribution of ATP by death has been given information on from the TAX. Payment takes place when the death is registered in the social security register.

(2). If the eligible recipient to a lump sum in accordance with Chapter 3 requests, and submit the necessary documentation to the ATP, ATP contributions, as will also the deceased have paid, but as ATP know the death has not yet been given information on from the TAX, could be taken into account according to the rules laid down in sections 5-7.

§ 11. Spouses and children under 18 years of age who meet the conditions for a lump-sum payment both after chapter 2 and Chapter 3, has only the right to be paid the largest amount. ATP shall pay the greater of amounts in connection with ATP-the Member's death, when death was registered in the social security register.

(2). When there are paid a lump sum, and it later turns out that the recipient is eligible for a larger amount, either after chapter 2 or Chapter 3, shall pay the difference to the ATP as soon as possible.

(3). If that is not paid in one lump sum in connection with ATP-the Member's death, and if the ATP after the death receives information that causes that can be paid in one lump sum after chapter 2 or Chapter 3, shall pay the amount for the eligible ATP as soon as possible.

§ 12. Amount after this Ordinance shall be paid to an account in a financial institution in Denmark.

(2). Death grants shall be paid lump sum of less than 100 USD only, if the person so requests.

§ 13. If the deceased ATP member or legitimate residing abroad must legitimate after ATP's request to submit necessary documentation for marital status and place of residence.

Chapter 5

Date of entry into force of

§ 14. The notice shall enter into force on the 15. March 2008 and has effect for amounts that are due for payment on 15. March 2008 or later.

(2). At the same time repealed Executive Order No. 1302 by 14. December 2005 on the calculation of the lump sum in connection with ATP-the Member's death.
The Ministry of employment, the 4. March 2008 Claus Hjort Frederiksen/Lise Fangel Annex 1

Arbejdsmarkedets tillægspension from 1. January 2008:







 



 





The Board of Directors for arbejdsmarkedets tillægspension has established the following limits applicable from 1. January 2008 whether ATP-pension paid as a capitalised lump sum, an annual allowance or a monthly allowance:







1.





If the annual pension plus the bonus Board is intended for under $ 1,240. shall be paid a lump sum calculated as the capital value of all the future egenpensions rights.







2.





If the annual pension plus the bonus Board is meant for us $ 1,240 – us $ 2,479 pays annually.







3.





If the annual pension plus the bonus Board is meant for DKK DKK 2,480 or more, shall be paid in monthly installments.