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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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Table of Contents

Chapter 1 Retire

Chapter 2 One-time charge for death on the basis of ATP contributions on time before 1. January 2002

Chapter 3 One-time charge for deaths on the basis of ATP-contributions on time from 1. January 2002

Chapter 4 Payment Rules

Chapter 5 Entry into force

Appendix 1

Publication of the calculation and payment of the occupational pension and dispositions of the labour market in connection with an ATP-member's death

In accordance with section 10, section 14 (a), 2 and 14 g, paragraph 1. 2 in the Labor Market Assignment Act, cf. Law Order no. 848 of 21. In July 2006, the Management Board shall be determined by the Management Board ' s Supplementary Pension Board :

Chapter 1

Retire

§ 1. The Administrative Board for the Labor Market Agency may, each year, prepare an annex to this notice. The appendix contains the limits of whether the ATP pension is to be paid as a capitalized one-time fee, an annual payment or monthly payment.

Chapter 2

One-time charge for death on the basis of ATP contributions on time before 1. January 2002

§ 2. One-time sum for the deceased ATP's spouse and children under the age of 18 shall be paid in accordance with the rules of section 11 to 13 and section 14 of the ATP Act and are calculated on the basis of ATP-contribution on time before 1. January 2002.

Paragraph 2. The amount of the ATP Act of Article 12 shall be calculated on the basis of the pension rights that the deceased member had obtained on 1. In July 1992, calculated on the basis of the contributions paid until then. For the purposes of this calculation, the calendar year 1992 from SKAT reported contributions proportionately to 1. and 2. The half of ' 92.

Chapter 3

One-time charge for deaths on the basis of ATP-contributions on time from 1. January 2002

§ 3. One-time sum for the deceased ATP's spouse, coexist and children under 21 years of age shall be paid in accordance with the rules of section 14 b-14 g of the ATP Act and are calculated on the basis of ATP-contributions on time from 1. January 2002.

k. 2 The end amount in paragraph 1. One is 45,000 kr. per 1. January 2006, cf. ATP-Law 14 b (4) (b) 4 and Section 14 e (3). 4.

§ 4. A one-off amount may be paid only after this chapter, if the late ATP member :

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

2) from 1. January 2002 has paid contributions corresponding to at least 2 annual contributions.

Paragraph 2. The two years of membership and two annual contributions in paragraph 1. 1 shall be laid down in accordance with the rules in section 5-7.

§ 5. The condition of 2 years of membership for the deceased is met when from the start time, cf. from the start time. paragraph 2, and until the time of termination, cf. paragraph 3, a member of the Member States shall be at least 24 months.

Paragraph 2. The start time is understood to be 1. in January of the first year of contributions paid by ATP-contributions to the member. However, if the first payment happens for the year in which the member is 16 years old, the start date is the date the member is sixteen.

Paragraph 3. For the membership period, cf. paragraph 1 shall be the period up to 1. in the month after the member starts to receive his ATP pension. However, the membership period may not be extended beyond the date of the year, the Member is turning 67 years. If the Member depart from the death earlier than those already mentioned, the membership period shall be calculated for the day after that the member has died in death.

§ 6. The condition for the payment of 2 annual contributions is fulfilled when the sum of all the payment years after the year after 2001, of the relationship in each year between the ATP contribution, in accordance with the year. ATP-Law 4 a and section 15, converted to contributions after section 15 (s). 1 and Annual contribution of the year in accordance with section 15 (3). 1, at least equal to 1.94 annual contributions.

Paragraph 2. When an ATP contribution has been paid for a special rate, which amounts to more than a single annual contribution in accordance with the provisions of Article 15 (1) of the ATP Act. Paragraph 1 shall be seen at the time of the conversion in paragraph 1. 1 aside from the part of the contribution that represents more than a single contribution.

§ 7. If the deceased has been employed in another EEA country after 31. In December 2001, and if ATP is aware of this employment, employment will be included in ATP-contributions paid for the deceased after 31. In December 2001, when the two years of membership and 2 annual contributions are made in sections 5 and § 6. The employment of the other EEA country shall be taken into account in accordance with the rules laid down in Community Regulation No 1408/71 concerning the application of social security schemes to workers and members of their families who are moving within the Community.

§ 8. In order for two persons to be considered to be colively according to section 14 b of the ATP Act, they must have a common residence and be able to make marriage with each other. This interlife shall consist of the same living notes in ATP as a coexistence, and must have passed over the last two years prior to the death.

Paragraph 2. In determining where a person is domiciled, ATP is entitled to address only address information in the Central Person Registry, the CPR register for reason. Two people living together with common domies abroad who are unable to meet the same address according to the CPR register are not allowed on ATP's request to submit the necessary documentation of residence.

Paragraph 3. If two people who have taken note of each other in ATP as a living, no longer have a common place of residence or if they are no longer able to enter into marriage with each other, the same period shall be deemed to have been repealed, and the right to a one-time sum shall be deemed to be withdrawn. If the life of the same period is resumed, the life of the first two years prior to the death has to be resumed before the conditions for payment of a one-time sum may be fulfilled.

Paragraph 4. If the same person has residence in an institution, it is not a requirement that the persons concerned have had common domicile in the past two years prior to the death, but they must have had common domicile in the past two years prior to the stay of the team.

§ 9. The end amount of 45,000 kr. for the deceased ATP-member ' s spouse or coexist, in accordance with Article 14 (b) of the ATP Act by 9,000. each year from and on the part of the Member's sixth anniversary, so that no amount can be paid when the Member is 70 years old.

Chapter 4

Payment Rules

§ 10. ATP shall pay the end amount for the death of the ATP member, on the basis of the ATP contributions, which ATP on the death has received information about from SKAT. The payment will take place when the death rate is recorded in the CPR register.

Paragraph 2. If the entitled consignon receives a one-off payment in accordance with Chapter 3, and shall forward the necessary supporting documentation to ATP, the ATP contribution which the deceased has paid, but as ATP on the death has not yet been received by the Danish Tax Authority, shall, as the case may be, have not yet received any information from the Danish Tax Authority ; may be included in accordance with the rules laid down in section 5 to 7.

§ 11. Spouses and children under the age of 18 that meet the conditions for a one-time fee, both in accordance with Chapter 2 and in accordance with Chapter 3, have the sole right to receive the largest amount. ATP is paying the largest of the amounts in connection with the death of the ATP member, when the death has been registered in the CPR register.

Paragraph 2. Where a one-off amount has been paid and later it appears that the beneficiary is entitled to a greater amount either in accordance with Chapter 2 or in accordance with Chapter 3, ATP shall, as soon as possible, calculate the difference to the justified person.

Paragraph 3. Where an amount has not been paid for the death of the ATP member, and if ATP after the death is received, information resulting in a one-off amount may be granted in accordance with Chapter 2 or Chapter 3, ATP shall pay the amount as soon as possible ; to the legitimate.

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

Paragraph 2. In cases of death, a one-time fee shall be paid under 100 kr. only if the legitimate request is requested.

§ 13. If the late ATP member or the eligible person is domiciled in a foreign country, it may be entitled to the request of ATP's request to the necessary evidence of the status of civil and residence.

Chapter 5

Entry into force

§ 14. The announcement shall enter into force on the 15th. March 2008, and has effect on amounts due to payment on 15. March 2008 or later.

Paragraph 2. At the same time, notice No 1302 of 14. December 2005 on the calculation of a one-time charge in connection with the death of the ATP member.

The Ministry of Employment, the 4th. March 2008 Claus Hjort Frederiksen / Lise Fangel

Appendix 1

The occupational retirement pension from 1. January 2008 :

The governing board of the Labor Market's Supplementary Pension Board has established the following limits from 1. January 2008 for the payment of the ATP-pension as a capitalized one-time fee, an annual payment or monthly payment :
1.
If the annual pension allowance is calculated for less than 1 240 kr. shall be paid a one-time sum calculated as the capital value of all future own pension rights.
2.
If the annual pension allowance is calculated for DKK DKK $1,240. 2.479 shall be paid annually.
3.
If the annual pension allowance is calculated for DKK DKK 2,480 kr. or more, the month shall be paid in monthly instalments.
Editorial Note
  • The notice continues to be valid until 31. This is August 2009, in which it shall be dissolved by executive order. 320 of 24. April 2009, which enters into force 1. September, 2009.