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Announcement Of Law On A Part-Time Pension

Original Language Title: Bekendtgørelse af lov om delpension

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Table of Contents
General conditions

Publication of Part-pension Act

This is announced to be a partial pension, cf. Law Order no. 1096 of 16. In November 2005, with the changes resulting from paragraph 8 of the Act 523 of 24. June 2005, Law No 1541 of 20. December 2006, section 7 of the law. 429 of 28. April, 2010, Law No. No. 1366 of 28. December 2011, section 12 of law no. 922 by 18. September 2012 and section 18 of law no. 493 of 21. May 2013.

General conditions

§ 1. Wage earners and persons with other business income than wage earnings born before 1. In January 1959, they can have a part-time pension if they reduce their working hours. The retirement age is 60 years old.

Paragraph 2. However, the retirement age is, however,

1) 60-and-a-half years for the person born in the period from 1. In January 1954 and with the 30. June 1954

2) 61 years for persons born during the period from 1. July 1954 to and by 31. December 1954,

3) Sixty-one and a half years for persons born during the period from 1. January, 1955, and with the 30. June 1955,

4) 62 years for persons born during the period from 1. July 1955, and with the 31. December 1955,

5) 62 and a half years of people born during the period from 1. January 1956 to and with the 30. June 1956, and

6) Sixty-three years for persons born during the period from 1. July 1956 to and with the 31. December 1958.

Paragraph 3. Partial pension shall be paid out the last time for the month in which the recipient reaches the age of the population, cf. Social pension law, or by the death of the person concerned.

Paragraph 4. Partial pension may be paid either with wage earnings or together with a different business income than wage earnings.

Paragraph 5. The Minister for Employment may lay down rules on the derogation from paragraph 1. 4.

Paragraph 6. For persons with a commercial income other than wage income, the Employment Minister shall lay down rules for work before and after the conversion of working hours, the rebalance of revenue before and after transition to a partial pension and may include : derogate from § § 2-4 d.

Paragraph 7. The Minister for Employment may lay down detailed rules on admission and re-entry into the sub-pension scheme, and the calculation etc. of the partial pension for persons receiving care-paid in accordance with Chapter 23 of the Social Services Act.

§ 2. The right to partial pension for wage earners is conditional upon,

1) the consignee is working in this country or in the Danish ship ;

2) the consignee is resident here in the country ;

3) that, for the consignee in the last 20 years prior to a pension, contributions to ATP are paid contributions to ATP, which are equivalent to at least 10 years of full contributions for a full-time employed,

4) that the consignee within the last 24 months prior to the transition to a partial pension has been working equivalent to an average of 30 hours a week for 18 months as a payroll here in the country or in the Danish ship ; and

5) the recipient at the time of the recognition has not obtained or used the right to obtain a post-wage certificate, in accordance with the law on unemployment insurance and so on, and

6) the consignee has received an inventory of the pension funds.

Paragraph 2. The Minister for Employment may lay down provisions concerning the derogation from the rule set out in paragraph 1. 1, no. 2.

§ 3. For transitions to a partial pension, the average weekly working week shall be reduced by at least 7 hours or at least 1/4 of the average weekly working time during the previous nine months of work prior to the transition. The reduced working time must be equal to an average working time of at least 12 and a maximum of 30 hours a week, during the first six months following the transition and an annual basis. The time of working time must be organised in such a way that at least 20 working days within each quarter are to be taken.

Paragraph 2. The Minister for Employment may lay down detailed rules on the recovery of the working time of persons who are paid for retirement in post-pension benefits, etc., as well as for employees with uncharted hours of work.

Calculation and deduction rules and so on.

§ 4. The pension is calculated and adjusted proportionally according to an annual base amount. The base amount corresponds to 82%. of the highest amounts of the daily allowance, calculated on a yearly basis, according to the law of sickness benefits. Pension schemes may result in a reduction of the base amount, cf. § 4 a.

Paragraph 2. The annual subpension shall be 1/37 of the base amount per hour, the average weekly working week shall be reduced, cf. however, section 4 (a), The number of the previous working time exceeding 37 hours is not taken into account in the calculation.

§ 4 a. Reduction of the subpension shall be reduced because of savings from the Danish Fund for the Fund and the pension schemes covered by Title I of the Pension Taxation Act, however, no pensions covered by Article 2 (2). 3, and § 2, nr. 4 (c)-f. The rules also apply to corresponding foreign pension schemes. However, the reduction of the pension shall not be reduced as a result of the payment of the pension paid in accordance with the legislation of another EU/EEA Member State and covered by and calculated by Regulation (EC) No 2. The coordination of social security schemes, as well as for concerted pensions, in accordance with the agreement concluded with another country, has been EUR 883/2004.

Paragraph 2. Pension institutes, life assurance undertakings and pension funds, etc., and public authorities responsible for the administration of pension schemes covered by paragraph 1. ONE, ONE. pkt., has a duty to report the value of the entitled pension rights, a short time before the person reaches the sub-retirement age. For pension schemes with continuous life payments, a calculated annual lifetime benefit shall be reported by the payment from the sub-retirement age. In the case of all other pension schemes, the debit has been reported. Detailed rules for the reporting, including the timing of the notification, shall be fixed by the tax minister after negotiating with the Employment Minister. The rules on the review of the tax audit Act, Section 8 B (4). 1 and 2, section 8 F, paragraph 1. 1, cf. Section 14, paragraph 14. 2, and Articles 85 and 86 of the source treasument shall apply mutatis mulations to reports after 1. Act. Notification shall be made by electronic means of customs and tax administration.

Paragraph 3. In the notification of the depot, cf. paragraph TWO, THREE. pkton, of age insurance after pension tax law, section 10 A, age savings after pension tax law, section 12 A and additional disposaries of the pension tax law, Section 29 A shall be subject to financial institutions, life assurance undertakings and pension funds ; etc. perform a gross classification of the depot, cf. Three. Act. The part of the scheme, which is derived from deposits which occurred after the 31. In December 1979, and return on time after this day, the depot value of this part of 0.627 shall be gross while the remainder is disconnected by divides by 0,767, cf. Three. Act. The part of the scheme, which is derived from an employee's own payment before the first one. In January 1972 and the yield of this gross shall not be taken.

Paragraph 4. When processing the application for partial pensions, the municipality shall collect information from the customs and tax administration on the applicant ' s pension schemes and make up the overall value of the applicant ' s pension schemes at the time before the retirement age. The decision shall be made on the basis of information, cf. paragraph 2, if they are in paragraph 1. ONE, ONE. the pkton, the said arrangements, and on the basis of a declaration made by the applicant for the value of the pension fund, immediately prior to the age of the sub-retirement age of the parties concerned in paragraph 1. ONE, TWO. Prectangle, mentioned pensions, pensions covered by Section 2 of the Pension Act. 2, as well as pensions covered by Article 1 (1) of the company pension. 2, no. 2-4, and section 2, paragraph 2. 3-5. In the case of pension schemes with continuous life payments, the applicant shall indicate a calculated yearly lifetime benefit in payment from the sub-retirement age. For all other pension schemes, the debit has been reported. The applicant shall also have an obligation to declare whether the information referred to in paragraph 1 is notified to the municipality. Two is complete.

Paragraph 5. For persons transferred to a pension earlier than three years prior to the age of the population of the People ' s age, cf. Social pension law, the pension scheme for pension schemes, with ongoing life-response payments. The reduction shall be carried out on the basis of an amount equal to 80%. of the calculated life response in the yearly benefit, cf. paragraph FOUR, THREE. pkt., and paragraph. TWO, TWO. Act. For all other schemes, the municipality calculates an annual service as 5%. of the reported depot, cf. paragraph TWO, THREE. Act. The partial pension period shall be reduced during the whole of the retirement period by 60%. of the calculated amount, which exceeds a deduction of 14.200 kr. annual (2012 level), cf. however, paragraph 1 9. The postponement of this provision shall be made, regardless of whether the pension is paid during the part-time retirement period, cf. however, paragraph 1 8.

Paragraph 6. A person exceeding three years prior to the retirement age referred to in the third year prior to the age of the People ' s Pension Age. the Social Security Social Security Act and, as the sub-retirement age pays on a pension scheme after Article 15 A in the pension scheme, shall have to be given the value of this by any payment to the scheme. The principles referred to in paragraph 1 4 shall apply mutatis mutis The Pension Decision shall be included in the calculation of paragraph 1. 5. The local authorities have a duty to reduce the sub-pension in accordance with paragraph 1. 5 in connection with each additional payment to the pension scheme. The provisions shall apply mutatis muyas to persons subject to paragraph 1. 9.

Paragraph 7. In the payment of the retirement age of a pension scheme after Article 15 A in the pension system, financial institutions, life insurance undertakings and pension funds, etc., and public authorities responsible for the administration of pension schemes which are subject to paragraph ONE, ONE. a duty to carry out a report on each payment to the age of the people of the population, cf. Social pension law. The principles referred to in paragraph 1 2 shall apply mutatis mutis Persons receiving partial pensions have a similar duty to the municipalities ' authority to provide information on payments to these pension schemes.

Paragraph 8. For each of those who are transferred to Part Pension, the ongoing payment of pensions (including addendum), which is part of a employment relationship, is reduced to the reduction of the subsystem from the time it comes to the payment in the part-time retirement period. The deposition takes place with 45%. of the amount of the pension paid, cf. however, paragraph 1 10.

Niner. 9. For persons born during the period from 1. 1 January 1956 to and by 31. In December 1958, the reduction in pension schemes with a continuous life response shall be the basis of an amount equal to 80% of the payment. of the calculated life response in the yearly benefit, cf. paragraph 5. For all other schemes, the municipality calculates an annual service as 5%. of the reported depot, cf. paragraph 5. The subpension period shall be reduced during the whole of the retirement period by 80%. of the calculated amount.

Paragraph 10. For persons born during the period from 1. 1 January 1956 to and by 31. In December 1958, the rate of disbursement of a pension, including addendum, of a function shall be disburgable, regardless of paragraph 1. 9 reduction of the subpension from the date on which it is paid. The deposition is 64-pct. of the amount of the pension paid.

Paragraph 11. The calculation of the partial pension shall be based on an annual base amount equal to 82%. the highest amounts of the sickness benefits, cf. Section 4 (4). 1. Amount calculated in accordance with paragraph 1. 5, 6 and 8-10 shall be deducted from the base amount of a partial pension, whereby the individual base amount for each applicant is presented. The annual subpension shall be 1/37 of the individual base amount for each hour, the average weekly working week shall be reduced.

Nock. 12. The deduction after paragraph shall be deduction. 5 is regulated with the rate regulator, cf. Act of a rate adjustment percentage. The amount is rounded to the nearest entire crown amount.

Paragraph 13. The Minister for Employment can lay down more detailed rules on the reduction of pension funds due to pension savings.

Paragraph 14. The Minister for the Industry and Growth can, cf. § 74 j, paragraph Fourteen, in the case of unemployment insurance, etc., lay down detailed rules on calculation assumptions with regard to the reduction of partial pensions due to pension savings.

§ 4 b. (Aphat)

§ 4 c. The share pension will be rounded to the nearest chronosum that can be shared with 12.

Paragraph 2. The amount of the pension shall not be paid if the calculated subpension is less than 100 kr. per Month.

§ 4 d. The Pension Decision, cf. Article 4 (a) shall be granted pension amounts conforming to the age of the person concerned in accordance with the age of the person concerned after the age of 60. the year, but before the retirement age, cf. Section 1 (1). The rules in section 4 (a) (1). Two-10 shall apply mutatis mutis.

Paragraph 2. The rules of paragraph 1. ONE, ONE. .. shall not apply to the payment of pensions, to the extent that the pension has resulted in deduction in paid day allowances.

Paragraph 3. The Minister for Employment may lay down detailed rules on the administration of this provision.

Application, payment, change, etc.

§ 5. The city council shall decide on the right to a subpension. The partial pension application shall be submitted to the municipality of the municipality of the residency joint, cf. Chapter 3 of the law on legal security and administration in the social field.

§ 6. Partial pension shall not be paid at the earliest, with effect from 1. in the month following the application for a pension. Partial pensions shall be paid monthly back with effect from 1. the month after the conditions of the law are fulfilled. If the working time is reduced from 1. However, in the month, part pension may be paid out of effect from this point of time.

§ 7. The local authorities shall ensure that the average working time corresponds to the reduced working time that is due to the calculation of a partial pension. The local authorities shall obtain information on this subject at least once a year, cf. section 8, and on working time during the first six month period after the shift to a partial pension.

§ 8. The pension shall be fixed at each 1. In April, on the basis of working time during the preceding calendar year, cf. Section 4 (4). 2.

Paragraph 2. The level of the pension shall be converted if the average weekly working time in the current calendar year is changed by more than 2 hours. The conversion shall be made with effect from 1. of the month after the schedule change.

Paragraph 3. For the first six months period, the part pension shall be determined on the basis of the expected working time during this period. At the end of the period and until the first 1. April, which has been entitled to a partial pension during the previous calendar year, the subpension shall be fixed on the basis of the working time during the first six month period. When amending the average working time, the provisions of paragraph 1 shall apply. 2 similar uses.

Paragraph 4. Where the consignee has been absent from the work due to illness or has been unemployed, it shall not be included in the definition of subpension in accordance with paragraph 1. 1-3.

§ 9. The right to partial pension shall be dissupredisposed from 1. the month in which the consignee no longer meets the conditions laid down in section 2 (2). 1, no. Number one and number 2. The pension will lapup by the end of the month in which the conditions in section 3 are no longer fulfilled.

Paragraph 2. If the person concerned is entitled to a partial pension, this shall be fixed on the basis of the working time during the whole period which would have been laid down for the calculation if the partial pension had not been dropped.

§ 10. If the consignee is absent from the work due to illness, the right to a partial pension by the end of the month in which the entitlement to a day allowance of sickness would be dissolved according to the rules of the sickness benefits.

Paragraph 2. The right to part pension shall be suspended by the end of the month in which the consignee has been unemployed for a continuous period of 52 weeks.

Paragraph 3. The partial pension payment may be resumed after the part-time work is resumed, cf. Section 6, whether or not the conditions of section 2 (2), 1, no. 3 and no. Four, no longer fulfilled.

§ 11. Partial pensions may not be paid in conjunction with early retirement pensions, according to the law of social pensions and the highest, middle, increased general and general early retirement pensions.

§ 12. The Recipient shall inform the municipal management board of changes in its circumstances which may be assumed to result in a reduction or loss of the subpension, cf. Chapter 3 of the law on legal security and administration in the social field.

Paragraph 2. The Recipient shall inform the municipal board of relocation. In order to move to another municipality, a request for continued payment will be made to the relocation municipality.

§ 13. If the recipient has disregarded the obligation to provide information in accordance with section 4 (a), 4, section 4 (a) (1). 7, or Clause 12 (3). Furthermore, in the case of a better judgment, the beneficiary or his / her death shall repay the amount that has been paid unjustifiable, or against better-aware unauthorised.

§ 14. A partial pension requirement cannot be made subject to any proposal or other legal proceedings unless it has been three months from the date on which the amount could be paid. Agreements of such requirements are invalid.

Paragraph 2. Requirements for the repayment of a paid partial pension may be offset in partial pensions, sickness benefits and pensions, in the case of social pension and law of the highest, intermediate, increased general and ordinary early retirement pension.

§ 15. (Aphat)

§ 16. The Employment Minister may lay down detailed rules concerning the application, payment, calculation, modification and control of the subpension, including detailed rules on the extent to which provisions of section 7-10 may be deviated from persons with a different professional income wage income.

§ 16 a. For persons receiving partial pensions, ATP-contribution may be paid in accordance with the beneficiary ' s wishes. Section 2 (b) of the Labor Market's Supplementary Pension Act.

Paragraph 2. The ATP contribution shall constitute a proportionate part of the following section 15 (3). 1, in conjunction with Section 2 b, in the Act of the Labor Market ' s Supplementary Pension Act, cf. however, paragraph 1 4. The governing board ' s Supplementary Pension Agency calculates the amount of the contribution paid for each hour of which the subpension is paid.

Paragraph 3. For persons receiving partial pensions, contributions to the occupational pension shall not be made in the case of a monthly amount of less than 1000 kr.

Paragraph 4. The Recipient of Parretire pays half of the contribution, while the other half is paid by the municipality. Each contribution of one month shall be nectooted to the nearest whole amount of the crown.

Paragraph 5. The ATP contribution by the recipient of a partial pension shall be held for months in the payment of the subpension.

Paragraph 6. The State shall host the municipality ' s expenditure to ATP-contributions after that law.

Paragraph 7. The detailed rules for payment in accordance with paragraph 1. 1-5, including the termination of contribution payment, shall be determined by the Employment Minister, on the basis of the recommendation of the Management Board for the occupational pension.

Appeal access

§ 17. The decisions of the Municipality Management Board after that law may be brought to the Employment Committee of the Employment Committee, cf. Section 59 a in the law of legal security and administration in the social field.

§ 17 a. (Aphat)

§ 18. (Aphat)

Administration and so on

§ 19. The local authority of the municipality of the residence municipality shall carry out the administration of this law, cf. Chapter 3 of the law on legal security and administration in the social field.

20. The State will pay the municipalities ' expenses to the retirement community by this law.

Paragraph 2. The payment shall be carried out monthly in one of the Employment Minister ' s date prior to the municipality's payment of a partial pension. Finally, the correction of the State's payment shall be made in the following financial year.

Paragraph 3. The Employment Minister shall lay down detailed rules for payment, including rules for the inventory and review of the expenditure, accounting and auditing of expenditure.

Transitional provision

§ 21. (Aphat)

Entry into force and so on.

§ 22. The law shall enter into force on 1. October 1986. Partial pensions may be paid out of effect from 1. January 1987.

-23. The law does not apply to the Faroe Islands and Greenland.


Law No 277 1) Of 25. In April 2001, in section 4 the following provision shall be :

§ 4

The law shall enter into force on the day following the announcement in the law.


Law No 428 2) of 6. In June 2005, in section 125, the following shall be :

§ 125

Paragraph 1. The law shall enter into force on the day following the announcement in the law. Section 69 will, however, take into force at the earliest or the time the tax minister provides for the entry into force of the law on the taxation of seafarers or the relevant parts of the said law, cf. Section 17 of the law.

Paragraph 2. The law shall take effect from 1. November 2005. § 70, no. 1, and Section 104, however, has effect from the entry into force of the law

Paragraph 3. (Excluded)


Law No 523 3) of 24. June 2005 shall include the following entry into force :

§ 23

Paragraph 1. The law shall enter into force on 1. January, 2007.

Strike, 2-6. (Excluded)


Law No 1541 4) Of 20. In December 2006, the following entry into force shall be :

§ 2

The law shall enter into force on 1. January, 2007.


Law No 429 5) of 28. April 2010 includes the following entry into force :

§ 20

Paragraph 1. The law shall enter into force on 1. May 2010.

Paragraph 2. The rules in force in paragraph 46, paragraph 1. 3, section 86 a and 87 a of the law on unemployment insurance and so on shall continue to apply in cases relating to daily allowances paid pursuant to Article 69 of Regulation (EEC) No 2 ; 1408/71.

Paragraph 3. References to Regulation (EEC) No, Regulation 1408/71 shall remain in force and the application of this Regulation is maintained in relation to the individual EEA country and Switzerland, as long as the individual EEA country or Switzerland has not signed up to Regulation (EC) No 2. 883/04.


Law No 1366 6) On 28 December 2011, the following effective provision shall be :

§ 2

The law shall enter into force on 1. January 2012.


Law No 922 7) of 18. September 2012 includes the following entry into force :

§ 13

Paragraph 1. The law shall enter into force on the day following the announcement in the law.

Paragraph 2. The law shall take effect from the year 2013, cf. however, paragraph 1 3 and 4.

Stk. 3-9. (Excluded)


Law No 493 8) of 21. The following entry into force and transitional provisions shall include the following entry into force,

§ 25

The law shall enter into force on 1. July, 2013.

§ 26

Paragraph 1. Cases made for the social name or employment recognition names and which, in the case of the entry into force of the law, are not completed, be processed by the Board of Appeal or the Employment Committee of the AnkeManagement Committee, in accordance with Chapter 9, 9 (a and 10) ; the legal certainty and administration of the social field, as amended by this Act of Section 1.

Paragraph 2. In cases where the Administrative Board before the entry into force of the law has received a request for a complaint to be lodged in accordance with section 59 a (a). 2, or Section 63 of the law of legal security and administration in the social field, and where the decision on whether the decision fulfils the conditions of being treated in the Board of Appeal has not yet been taken at the entry into force of this law, the decision to this effect in accordance with the provisions in force in section 57, no. 1, cf. § § 59 a and 63 in the law of legal security and administration in the social field. Cases that are admitted to treatment after 1. .. shall be dealt with by the Employment Board of the Ankeboard or the Employment Committee, in accordance with Chapter 9, 9 (a) and (10), in the field of law on legal security and administration in the social field, as amended by this Act of Part 1.

Paragraph 3. Cases such as the Board of Appeal prior to the entry into force of the law shall be examined in accordance with section 59 (a), 2, or Section 63 of the law on legal security and administration in the social field, and in which no decision has yet been taken at the entry into force of this law, the Employment Committee shall be treated by the Employment Committee, in accordance with Chapter 9, 9 (a) and (10) ; on the issue of legal certainty and administration in the social field, as amended by this Act of Section 1.

The Ministry of Employment, the 25th. August 2014

Mette Frederiksen

/ Kirsten Brix Pedersen

Official notes

1) Retracing changes to the rules on post-wage and retirement benefits as a result of changes in the pension tax law, the tax law of the source tax law, etc. The Act is announced in Statument of 26. April 2001 and entered into force on the 27th. April 2001.

2) Retracing impact changes as a result of the local authority reform. The law has been announced in law-making on 7. June 2005, and entered into force on the eighth. June 2005.

3) Retracing impact patches as a result of the municipal reform.

4) Retracing the phasing out of the pension scheme.

5) Retrades of competence to decide on legislative elections and so on from the Community Regulation No 2. 883/04 on the coordination of social security systems and so on.

6) In the context of the reform, the increase in the sub-retirement age and the abbreviation of part-retirement period.

7) Retraction of the deduction of deduction etc. for deposits to capital pension.

8) Resimplification of the structure of the complaints structure in the area of social and employment.