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Law Amending The Law On The Highest, Middle, Elevated Plain And Ordinary Anticipatory Pension M.v., Lov Om Social Pension And The Law On Individual Accommodation Assistance (Voluntary Transition To Retirement After The Lov Om Social Pension)

Original Language Title: Lov om ændring af lov om højeste, mellemste, forhøjet almindelig og almindelig førtidspension m.v., lov om social pension og lov om individuel boligstøtte(Frivillig overgang til førtidspension efter lov om social pension)

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Law of the highest, middle, increment, general and general early retirement law, etc., the Social Security Act and the Act of Individual Housing Support

(Voluntary transition to early retirement by law on social pension)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of the highest, middle, average and general early retirement, etc., cf. Law Order no. 1006 of 19. In August 2010, as amended by Section 2 of Law No 326 of 11. April 2012 and section 8 of the law. 928 of 18. September 2012, the following changes are made :

1. I Section 44 (2). 1, is changed " cf. however, paragraph 1 4 "to :" cf. however, paragraph 1 4 and 5. "

2. I § 44 pasted as paragraph 5 :

" Stop. 5. Persons who have a right to early retirement in accordance with the rules laid down in this law shall, at the request of this law, be transferred to a right to early retirement after the law of social security pensions. A request for a transfer to early retirement after the Social Security Act may be submitted to Udbetaling Danmark during the period from 1. June 2013 to 31. December, 2013. The request must be submitted in writing or digitally. ` ;

§ 2

In the Law of Social Security, cf. Law Order no. 783 of 9. July 2012, as amended by law no. 1386 of 28. December 2011, section 1 of law no. 326 of 11. April 2012, Section 7 of Law. 928 of 18. September 2012 and paragraph 11 of Law No 1380 of 23. December 2012, the following change is made :

1. § 52, paragraph. 1, ITREAS :

" The State shall bear the costs of pensions after Section 12 and Chapter 2 a. The municipality keeps 65%. for the expenditure on pensions after Section 16. The state holds the remaining 35%. on expenditure. Expenditure for early retirement benefits for pensioners who have been transferred to early retirement after this law, cf. Section 44 (2). 5, in the highest, middle, incremental and general early retirement, shall be borne by the State and the municipality, respectively, with the same proportional percentage by which the State and the municipality have so far held the expenditure on the person concerned ; basic amounts and pension schemes, in the case of the highest, intermediate, increased general and general early retirement, etc. ` ;

§ 3

In the case of individual housing aid, cf. Law Order no. 34 of 18. January 2013, the following change is made :

1. The following section 4 is inserted :

" § 4 a. Persons that are known to early retirement or invalidity allowance or for who had started a case on this before 1. January 2003, and as on 1. June 2013, or later, to surrender to early retirement, according to the Social Security Act, may receive housing-proof in accordance with the rules of that law, provided that the conditions are otherwise met.

Paragraph 2. Paragraph 1 shall apply regardless of whether the person has received the provision prior to the changeover to early retirement by law of social pension. ` ;

§ 4

The law shall enter into force on 1. April 2013.

§ 5

Paragraph 1. Payments Denmark shall not later than 31. May 2013 grant recipients of early retirement and recipients of invalidity allowance according to the highest, middle, general and general early retirement benefits, and so on written notice of the right to transfer to the right to early retirement after the law of social welfare ; pension, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2.

Paragraph 2. Payments Denmark and the municipality shall, on each of its authority's authorities, guide early retirement, which requests the consequences of overcoming early retirement pensions, in accordance with the Law on Social Security, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2. The guide must be given on the basis of the specific current circumstances of the pension.

Paragraph 3. People who have requested Payment Denmark for the right to early retirement in accordance with the Law of Social Security Act, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. Paragraph 2 shall be subject to the right to early retirement by the Social Security Act, with effect from 1. in the month following the submission of the submission of the submission of a request, cf. however, paragraph 1 8.

Paragraph 4. For those who have been transferred to early retirement, according to the Social Security Act, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2, the Udbetaling Danmark pays Denmark a corrective amount for the period from 1. January 2013, and until 1. in the month in which the early retirement pension is entitled to a social pension, the furthest until 31. December, 2013. The correction amount shall be made up as the difference between the actual paid amount, pension allowance, early amounts, invalidity amounts, the additional allowance and occupational invalidity amount for the month in which the transfer of rights is requested ; early retirement pensions, and the first monthly payment of early retirement pensions, as required by the Social Security Act, cf. paragraph 3. The correction amount shall be granted for each of the months in which pre-retirement benefits have been paid after the highest, middle, average and general early retirement pension, etc., etc., in 2013. A negative total corrective amount is set to zero. The correction amount shall be paid together with the first monthly payment of early retirement pensions after the first monthly payment of social security law. The correction amount is tax-free.

Paragraph 5. Costs to the corrective amount, cf. paragraph 4, shall be borne by the State and the municipality. The State and the municipality shall bear the costs of the corrective amount of the same percentage rate by which the State and the municipality have so far held the cost of the amount of the debts and the pension allowance according to the highest, middle, increased rate ; general and general early retirement, etc.

Paragraph 6. Udbetaling Danmark's decision on corrective amounts, cf. paragraph 4, may be impanted to the Board of Appeal, cf. Section 64 a in the law of legal security and administration in the social field.

Paragraph 7. For persons who, after paragraph 44 (2), 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. In the early retirement pension, the right to early retirement includes the right to receive pensions abroad not the pension allowance for the early retirement allowance.

Paragraph 8. In the case of early retirement pension, in accordance with the rule of social security, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2, maintain the rights and obligations of the highest, intermediate, elevated general and general early retirement, etc., as specified in the Clause 2, section 3 (4). One-three, and sections 4, 5, 8 and 9.

Niner. 9. In the case of early retirement pension, in accordance with the rule of social security, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2, section 32 b in the Social Security Act on the first pension calculation shall not apply. The pension shall be fixed and taken into account in section 39 of the Social Security Act.

Paragraph 10. In the case of early retirement pension, in accordance with the rule of social security, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2, pre-retirement pensions shall be paid monthly in advance of the early retirement pension, in the case of the highest, middle, general and general early retirement pensions, and so on.

Paragraph 11. In the case of early retirement pension, in accordance with the rule of social security, cf. Section 44 (2). 5, in the highest, middle, medium, and general early retirement, etc. as drawn up by the Act of Law 1. 2, shall be paid contributions to ATP, cf. Section 33 a in the Social Security Act, with effect from 1. the month in which the person concerned has the right to early retirement in accordance with the rules applicable to social security law.

Nock. 12. Repayment of pension rights, cf. sections 42 and 43 of the highest, middle, increased regular and general early retirement, etc., may be deducted from the corrective amount, cf. paragraph 4. If the claim cannot be covered in the corrective amount, the remaining requirements shall be deducted from the pension in accordance with section 32 of the Social Security Act.

Paragraph 13. The Director of the Pension Board may exercise the powers conferred on the municipalities and Payments Denmark in accordance with the provisions of Article 1 (1) of the law. 2, section 2 and paragraph. 1-12 for the early retirement grant provided for in Regulation (EC) No (EC) No (EC) No (EC) No 883/04 on the coordination of social security schemes, early retirement granted under agreements with other States and early retirement, which is also granted to persons resident abroad, in accordance with the law of the highest, middle, heightened, general and general early retirement, etc., and in accordance with the Social Security Social Security Act.

§ 6

Housekeeping shall be granted at the earliest, with effect from the beginning of the month following the first payment month for early retirement pensions after the first payment of the first payment of social security. For persons receiving housing, the Udbetaling Danmark Administrative Housing Benefit shall be repaid to housing security.

Givet on Amalienborg, the 5th. March 2013

Under Our Royal Hand and Segl

MARGRETHE R.

/ Karen Vengeup