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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
Under this law, a waiver is granted to farmers who, between 1993 and 1995, are permanently excluded from agricultural production as provided for by this law.
Farmer Farmer For the purposes of this law, a farm economic operator who, for his own or collective account, is engaged in agriculture.
On the farm Referred to as the holding of one or more holdings or part of a farm economy which is managed as a single entity.
The waiver provided for in this Act shall be deemed to have taken place where the undertakings referred to in Article 9 have been submitted to the rural economy authority, the rural industry or the farmers' pension scheme. (19,16) To the intended farmers'pension institution (hereinafter referred to as' the Pensions Authority ').
The waiver shall be waived by the transferor:
(1) in the agricultural holding of the farm or its part;
(2) the spouse of the agricultural holding referred to in paragraph 1, even though he does not have the right to property; and
(3) the lessee of the agricultural holding referred to in paragraph 1, if the holding subject to the waiver belongs to the property to which the widow is entitled.
The person referred to in paragraph 1 (1) to (3) shall be referred to below: The transferor.
In order to qualify for the waiver, in the five years immediately prior to the abandonment of the agricultural activity, the transferor shall:
(1) has applied for own or joint account on a farm subject to abandonment of agriculture at least three hectares of arable land; and
(2) has not received, on average, the income or other adjustable income from a farm economy in the form of a State tax, on average more than DEM 63 272,73 per calendar year; Income relating to the exercise of the farm economy, which ends with the abandonment of agricultural activity.
For the purposes of paragraph 1, paragraph 1, shall be deemed to have continued the agricultural activity of the transferor in the field of arable land, which is set aside in such a way that the State pays the set-aside premium, or which is set aside as a result of the fact that the farmer: Be exempt from the export cost charge under the arable sector (1314/90) The payment of the export cost charge.
In addition, the waiver of the waiver is conditional on the fact that the transferor has reached the age of 55 but not 65.
Notwithstanding the provisions of paragraph 1, the transferor shall, where the waiver takes place not earlier than five years before he reaches the age of 55, shall be entitled to a waiver, provided that:
(1) his spouse is entitled to a waiver of the conditions referred to in paragraph 1;
(2) his/her spouse has become entitled to a pension as referred to in Article 7 (1) or (2) or the deceased not earlier than five years before the abandonment; or
(3) The other shareholder meeting the conditions referred to in paragraph 1 of the group, with whom the transferor has been engaged on behalf of the group, shall be entitled to compensation.
However, the waiver is not completed before the age of 55.
The waiver allowance shall not be waived:
(1) in the event of an abandonment of the national pension (19,16) An invalidity pension, an early retirement pension, an unemployment pension or a certified old age pension;
(2) a full invalidity pension, an early retirement pension, an unemployment pension or a certified old age pension granted in accordance with the pension law of the farmers concerned; or
(3) to which to itself or to the spouse has been granted the law on the retirement pension of agrifarmers or farmers (1317/90) For a generation change pension.
The receipt of the waiver shall be conditional on:
(1) the arable land under renunciation has not been surrendered in the last three years prior to forgiving and, in the case of renunciation, for the purposes of the land economy;
(2) where the agricultural land is calculated as provided for in Article 2 (2) of the Pensions Act of the agricultural undertakings, the agricultural land is more than one third of the agricultural land subject to the abandonment;
(3) the holding which is the subject of the renunciation does not have an agreement with the State other than the one referred to in Article 5 (2), which is intended to reduce agricultural production, which:
(a) limit both domestic and plant production on the farm; or
(b) limit the production of plants but affects more than one quarter of the entire arable land area; and
(4) the agricultural holding which is the subject of the renunciation of the tax is subject to a tax on the production of livestock and livestock in the form of a tax on livestock and livestock farming, in the same way as the (530/75) , in the last two calendar years prior to the waiver, on average, of at least 3 000 marks per year for each full field of arable land, excluding the area referred to in Article 5 (2).
However, as a donation within the meaning of paragraph 1 (1), it is not considered to be an extradition or transfer which has taken place in the context of a new distribution within the meaning of Article 10 (1) of the Law and which may be Appear to have been caused by urgent financial difficulties.
A farmer shall be deemed to have given up farming, as referred to in this law, if he permanently ceases to practise agriculture for his or her own account and makes a commitment:
1) that he does not use or rent agricultural arable land or horticultural land or production buildings for agricultural production ( A commitment to abandon agricultural production ); and
(2) that he will not give up the field of the farm within six years from the start of the waiver or during the period during which the transferor of the farm is entitled to or part of the waiver compensation ( Commitment of the field of sale of the field ).
In the commitments referred to in paragraph 1, agricultural production shall also be treated as reindeer husbandry and, in the event of abandonment of agriculture, a permanent withdrawal of reindeer husbandry.
All owners of the agricultural holding and horticultural land which are the subject of the waiver, and all the owners of the production buildings, shall issue the commitments referred to in paragraph 1. The spouse's spouse must permanently renounce the practice of agricultural and reindeer husbanding and the commitments referred to in paragraph 1, even where he is not the applicant for the waiver or the owner of the farm.
If the transferor alone or together with his/her spouse or the spouse of a transferor has more than one farm, the commitments referred to in paragraph 1 shall be made available to them all.
In addition, if the transferor or his/her spouse owns only a share of the other agricultural holding, the other shareholders of this holding shall not be required to enter into the commitments referred to in Article 9 (1). However, the transferor and his/her spouse must cease the practice of farming and reindeer husbanding on their own or collective account, including on such a holding.
The Regulation further provides for the purposes for which to use the production facilities of the holding that is to be abandoned and under the undertakings referred to in Article 9 (1).
Notwithstanding Article 9, the transferor has the right to exclude agricultural production from the commitments referred to in that Article:
(1) an area with a reasonably sized economic centre and a garden and field area for the cultivation of potatoes and horticultural products needed in their own economy;
(2) for each child one reasonable length of land for the construction of a permanent or leisure apartment; and
(3) regions with significantly higher value used for non-agricultural purposes.
The waiver shall consist of a basic amount and a waiver, the amount of which is determined by the provisions of Articles 13 to 17.
The basic amount of the waiver is equal to the invalidity pension payable by the farmers' pension scheme, which would have been granted to the farmer if he had been entitled to a full disability pension at the time of withdrawal.
When determining the amount of the basic amount, no account shall be taken of the entitlement to a pension based on the entrepreneurial activity of an agricultural holding or an entrepreneurial activity within the meaning of the pension scheme of the farmers. Furthermore, the provisions of Article 8 (3) of the Pensions Act of the agricultural undertakings shall not apply, except where the partial invalidity pension or the full invalidity pension is converted into an allowance and a pension. Based on a pension event which occurred on or after 1 January 1989.
Articles 7 g, 8 and 8a of the Pension Code of the Workers' Pensions Act as they were in the form of a law amending the Pensions Act (634/2003) The law applicable upon entry into force. However, the coordination of the basic amount does not take into account the basic pension referred to in Article 8 (4) of the Pensions Act, which applies to the coordination of the provisions in force on 1 January 2005. (30.12.2004)
The basic amount of the compensation allowance and the amount of the basic amount of the waiving allowance shall be set out in the following exceptions, where applicable, in the case of an invalidity pension under the pension scheme of the agricultural undertakings and the amount of the beneficiary.
The waiving allowance shall be equal to the percentage of the transferor's share of the farm per hectare and livestock compensation. The farm payment per hectare and livestock shall be determined in accordance with the status quo as laid down in this Article and Article 15 and distributed equally among the transferors entitled to the waiver.
For the purpose of calculating the volatility allowance, account shall be taken of the arable area of agricultural production, of which the undertakings referred to in Article 9 have been made and which is owned by the transferor or his/her spouse. However, if the holding of the estate is owned by the shareholders of the estate, the surviving spouse is also eligible for the surviving spouse's shares in the field. In the case referred to in Article 10 (1), an area corresponding to the transferor and his/her spouse's share of the rest of the farm shall be taken into account in the calculation of the forage of the transferors only if the transferors are established on the basis of established reconciliation Also carried out farming on that farm.
Notwithstanding the provisions of paragraph 2, no account shall be taken in the calculation of the hectare which has been acquired or, in the last three years, by virtue of the succession, wills or marital rights, prior to the waiver.
The area of the grassland shall be calculated on a half-hectare basis. If the rounding is possible in both directions, it will be done downwards.
The livestock allowance shall be determined on the basis of the livestock units leaving the production, as specified in the Regulation. However, compensation may be paid up to a maximum of the established livestock unit of livestock units corresponding to the established livestock unit.
The Government of the Republic of Finland shall decide on the amount of compensation per hectare and per unit of livestock unit to be granted in each year.
Notwithstanding the provisions of Articles 14 and 15, the waiver of the waiving allowance shall be the supplement to the transferor of the transferor not more than the supplement to which the transferor would have been granted if, at the time of the waiver, the transferor was entitled to: For a generational pension under the law on the generational change pension of farmers. In that case, however, only the basic amount shall be taken into account as a benefit to the supplement to the generational pension.
The basic amount of the waiver and the waiver allowance shall be adjusted according to changes in the general wage and price levels as in the employee pension law (395/2006) Provides.
For the purpose of the waiver, the pension institution shall submit the commitments referred to in Article 9. The application for compensation is regulated in more detail by a regulation.
The waiver may also be applied as conditional. In that case, the applicant shall submit to the pension institution the commitments referred to in Article 9 corresponding to the prior commitments, which shall be compensation for the arable and horticultural land of the applicant, his/her spouse, and the Signed by all the owners of the production buildings.
A conditional decision referred to in paragraph 1 shall lapse if the final commitments corresponding to the prior commitments have not been submitted to the pension institution within six months of the adoption of the conditional decision.
Where an application for a waiver is lodged pursuant to this Article, the conditions referred to in Article 5 and Article 8 (1) (4) shall be considered as the date of the application for compensation. For the purpose of determining the amount of the compensation, the commencing date shall be the beginning of the calendar month during which the conditional decision is adopted.
The waiver shall be carried out from the date of the waiver referred to in Article 3, but not before the transferor has completed the age provided for in Article 6 (3) and stopped farming and reindeer husbandry on his or her own behalf.
Compensation shall not be paid over a period of one year prior to the application for compensation and not from the incomplete calendar month.
If the beneficiary of a partial disability pension as referred to in the Pensions Act, part of the allowance for the period of retirement or the full invalidity pension granted for a limited period of time is granted, the basic amount of the retirement allowance shall be the following: On a possible date of maturity to the extent that it is based on the entrepreneurial activity referred to in the Pensions Act. The basic amount of the conversion allowance, which has been converted at the end of the period after the start of the transferor, shall be regarded as compensation for the surrender of the pension.
If the transferor is entitled to a full invalidity pension under the laws, regulations or provisions referred to in Article 8 (4) of the Pensions Act or the Pension Act, he shall not be entitled to: The withdrawal period from the period in which he is entitled to a pension.
If the beneficiary of the waiver is granted by the National Pensions Act (568/2007) Or the law on the entry into force of the National Pensions Act (169/2007) In the case of an invalidity pension, individual early retirement, unemployment pension or a certified old age pension, the waiver is abolished. For the purposes of Article 3 (4) of the Pensions Act, or in Article 8 (4) of the Pensions Act of 1961, the provisions of Article 3 (1) of the Staff Regulations of the Workers' Pensions Act, or in accordance with Article 8 (4) of the Pensions Act of 1961, shall also apply to: A full invalidity pension, an early retirement pension, an unemployment pension or a certified old age pension, in accordance with the laws or pension rules mentioned. If the abovementioned pension is awarded to the beneficiary of the waiver, the payment of the supplement shall be resumed from the beginning of the month following the end of the pension. (21.12.2007)
From the date on which the basic amount of the waiver is paid, the beneficiary shall not be entitled to a pension in the pension scheme of the farmer. (1280/2006) On the basis of their entrepreneurial activity.
The waiver shall not be regarded as a pension which prevents the emergence of a pension entitlement on the basis of an entrepreneurial activity or an entrepreneurial activity other than that provided by the farmer's pension scheme.
The waiver shall be abolished where the beneficiary of the waiver takes up farming or reindeer husbane for own account or for a common account or if the commitments referred to in Article 9 have not been respected.
Where the activities referred to in paragraph 1 or the non-compliance of the undertaking are to be regarded as minor, or where there has been any other specific reason for such action or omission, the waiver may be suspended or terminated: The surrender allowance shall be paid at the rate of the former. The waiver may also be partially abolished. There is a specific reason for the non-commitment provided for in this paragraph if the country of commitment has been surrendered or leased for a period of at least five years by a lease agreement for agricultural purposes to a person, Which, at the time of delivery, shall carry out farming on the farm in such a way that he has taken out the statutory minimum pension cover provided for by the law in accordance with Article 10 of the Pensions Act. It is also required that the transferee is committed to controlling and cultivating the area to be donated or rented for at least five years. For the purposes of this paragraph, the specific reason for the release of the country of origin for use in the Nature Conservation Act is also considered (1096/1996) , shall be designated as a natural or landscape area. (22/02/1286)
The suspension may be carried out, including when the action referred to in this Article was taken or the failure to act occurred.
The holder of the waiver shall have the right to obtain a binding preliminary ruling from the pension institution on whether or not the measure envisaged by the owner of the farm which is the subject of his or her renunciation is caused by the termination of the compensation under this Article.
The transferee referred to in paragraph 2 shall, where applicable, comply with the provisions of the (1293/1994) Articles 13, 28, 29 and 32 provide. For the purposes of calculating the capital value of the waiver, the waiver shall be taken into account in the calculation of the amount of the waiver payable after the date of delivery referred to in paragraph 2. The capital value is determined on the basis of criteria laid down by the Ministry of Social Affairs and Health. (28.3.2002/227)
Subject to paragraph 2, the waiver of the waiver of the waiver shall cease, subject to paragraph 2, and the basic amount shall be adjusted to the basic amount in accordance with Article 13 as a retirement pension in accordance with the pension law of the farmer. (22/02/1286)
If the transferor does not, as provided for in Article 22, or because the waiver has taken place after a period of 59 years, the waiver has not been paid for at least six years before the age of 65, An increase in the price of 50 % less than the beginning of the month following the end of the age of 65. The payment of the deducted renunciation shall be subject to compliance with the undertakings referred to in Article 9, including the date of the waiver, and shall continue to be respected. Until such time as the transferor has been paid to the transferor for a total period of six years, up to a maximum of 70 years, the reduction shall be paid up to a maximum of six years.
The waiver of the waiver of the waiver shall cease. In determining the amount of the survivor's pension after the beneficiary of the waiver, it is considered that, on the basis of his entrepreneurial activity within the meaning of the Pensions Act, the deceased had the right to receive a basic amount in accordance with Article 13 of this Law A full disability pension. (22/02/1286)
If a person has received more than the right to waive the law in accordance with this law, the compensation unduly paid shall be recovered. Any compensation unduly paid may be partially or fully recovered if it is considered reasonable and the payment of the compensation must not be deemed to have been caused by the fraudulent conduct of the beneficiary or his representative or if: The amount to be recovered is limited.
The waiver of the waiver may also be recovered by offsetting it in the future. However, the claim for compensation shall not, however, be reduced by more than one sixth part of the part of the compensation which is left after the submission of the pre-compensation (1118/1996) In accordance with the provisions of the Treaty. Similarly, in the case of an invalidity or old-age pension under the pension law of the agricultural undertaking concerned, the waiver may be recovered without undue delay. (22/02/1286)
The decision on the recovery of undue payments shall be made within a period of five years from the date of payment of the waiver. The recovery decision established by the recovery decision shall expire five years after the date of adoption of the decision, unless the limitation period has been terminated. The limitation period laid down by the recovery decision shall be broken down as from the date on which the (2003) Articles 10 or 11 provide. This limitation period shall begin to run by a new limitation period of five years. The limitation period of five years may be extended as provided for in Article 11 (3) of the Law on the limitation of debt. (21.7.2006/616)
This law is implemented by the Ministry of Agriculture and Forestry, the Rural Development Agency, the rural economy authorities, the labour and business centres and the pension institution. (13.4.2007)
Municipal rural economy Referred to in this Act, the law governing the administration of the rural economy (1558/91) in Article 3 , office-holder and trustee.
According to this law, the activities of the rural industries in the province of Åland are regulated by a regulation.
The provincial rural economy authority shall give its opinion on the following:
(1) whether the conditions for compensation referred to in Article 8 are met;
(2) fulfil the conditions laid down in Article 11 for the exclusion of the regions covered by Article 11;
(3) whether the conditions for the payment of the waiver allowance other than those referred to in paragraphs 1 and 2 are valid; and
(4) the number of arable hectares eligible for the payment of arable land referred to in Article 14 and the livestock units eligible for the livestock allowance referred to in Article 15.
Where the pension institution considers that the conditions for obtaining the compensation referred to in paragraph 1 (1) or (2) or for the determination of arable hectares or livestock units eligible for compensation referred to in paragraph 4 shall be clearly indicated: Optional, the pension institution may, in addition to the opinion of the provincial authority of the municipality, request the opinion of the EAFRD for reimbursement.
Upon receipt of an application for a waiver, the pension institution shall determine the opinion of the rural business authority in the municipality or in the case referred to in Article 29 (2).
In addition to the pension institution, the local rural economy authorities, the labour and business centres and the National Agency for Rural Development and the EAFRD shall ensure that the recipient of the renunciation allowance does not engage in agriculture or reindeer husbanding on own or collective account, and that this law does not: Shall be honoured.
The pension institution to be brought to a decision under this law may appeal against the appeal before the Board of Appeal of the pension fund referred to in Article 128 of the Pensions Act, as in the case of the employee's pension and administrative law (18/06/1996) Provides. The decision of the Board of Appeal of the Pensions Appeals Board under this law may appeal against the right of appeal against the right of insurance as provided for in the pension law of the employee and the law on administrative law. Article 140 of the Pension Act and the date of entry into force of the pension law of the employee's pension law shall apply to the withdrawal of the decision. (186/2006) Provides.
The Board of Appeal of the Occupational Pensions Act and its members shall be governed by the Law on the Appeals Board for Occupational Pensions (677/2005) And the right to insurance in the law on insurance (182/2003) . In accordance with Article 103 (1) of the Pensions Act, the members of the Board of Appeal of the Pensions Act, as provided for in Article 103 (1) of the Pensions Act, shall also act as representatives of the farmers concerned for the purposes of this law. (22/02/1286)
An opinion issued under this law by a municipality's rural economy or a rural business district shall not be subject to appeal.
The final decision of the pension institution shall be enforceable, unless otherwise provided for in a dispute in a dispute.
The costs of the waiver shall be borne by the State. Treatment costs incurred by a pension institution in accordance with this Act shall be combined with the management costs of the other activities and shall be reimbursed to the pension institution as provided for in the management costs under the pension scheme of the agricultural undertaking. (22/02/1286)
The State shall, according to the provisions of the Regulation, carry out an advance in each year corresponding to the amount estimated to be carried out by the State in accordance with paragraph 1.
The number of marks provided for in Article 5 (1) (2) corresponds to the wage index for 1992. The amount of the mark shall be adjusted according to changes in the general wage and price level as provided for in Article 9 of the Workers' Pensions Act.
Subject to the provisions of Articles 98 to 100 and 103 of the Pensions Act, Article 105 (2), Article 112 (1), Article 113 (3), Article 119 (1) and (2), Article 119 (1) and (2), Article 120 (1) and (2), Article 120 (2), And (5), Articles 121 and 122, 124 (1), 125, 128, 130 and 132, Article 133 (1) and (4), Articles 13 to 140, 180 and 191, 192 (1), 196, 198, 202, 204, 205, 206 (1) (1), 208 (1) and (3), 209 §, Article 210 (1), (3) and (4) and Articles 216 to 218, and Article 103 (1) of the Pensions Act, 114 and Articles 116 to 124, Article 125 (2), Articles 126-132, 134, 143 and 145, and Article 146 (1). (22/02/1286)
The pension institution shall have the right to receive, free of charge from the Pension Protection Centre, the information relevant to the settlement of the case under this law.
The basic amount of the waiving allowance under this Act may be deducted from the non-payment of the non-payment of the non-payment of the compensatory allowance to the pension fund of the farmers and the farmers' health insurance law (1026/80) In accordance with the provisions of the Regulation.
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
This Act shall enter into force on 1 January 1993.
THEY 194/92 , MmVM 22/92This Act shall enter into force on 30 April 1997.
The law shall apply to supplies which take place after the entry into force of the law and to supplies which have taken place after 1 January 1997 and where management of the territory which has been transferred or leased has been passed on After entry into force.
Extradition shall be deemed to have occurred at the time when the deed or lease has been signed.
THEY 28/1997 , MmVM 1/1997, EV 34/1997
This Act shall enter into force on 1 April 1999.
NO 83/1998 , LaVM 22/1998, EV 250/1998
This Act shall enter into force on 1 January 2000.
THEY 165/1999 , StVM 28/1999, EV 139/1999
This Act shall enter into force on 3 April 2002.
The law applies to donation after the entry into force of the law.
Extradition shall be deemed to have occurred at the time when the deed or lease has been signed.
THEY 200/2001 , StVM 3/2001, EV
This Act shall enter into force on 1 October 2002 and shall be valid until 31 December 2003.
THEY 8/2002 , StVM 10/2002, EV 86/2002
This Act shall enter into force on 1 January 2003.
THEY 246/2002 , StVM 46/2002, EV 235/2002
This Act shall enter into force on 1 January 2004.
THEY 85/2003 , StVM 26/2003, EV 105/2003
This Act shall enter into force on 1 January 2005.
For the purposes of applying Article 37 (1) of this Law, the provisions of Article 37 (1) of the Act amending and amending the Pensions Act (1332/2003) The entry into force of the entry into force.
THEY 215/2004 , MmVM 12/2004, EV 216/2004
This Act shall enter into force on 1 January 2005.
The limitation of the applicability of the provisions of this Act shall also apply to the claim arising before the entry into force of the law. The period of limitation of the period of limitation shall also be taken into account before the law enters into force. This law shall, however, be aged less than three years after the date of entry into force of the law, unless it is aged before the date of entry into force of this Act.
This Act repeals the Regulation of 23 December 1992 on the compensation of farmers (1468/1992) Paragraph 2.
THEY 192/2004 , MmVM 11/2004 EV 215/2004
This Act shall enter into force on 27 July 2006.
Article 17 of this Act shall apply from 1 January 2007 to all surrenters prior to the entry into force of this Act.
Notwithstanding Article 9 of the Act concerning the entry into force of the Pensions Act, Article 37 (1) of this Act shall apply to Article 125 of the pension law of the employee in such a way that the limitation period referred to in the law is five years from 1 1 January 2007 Likewise, the limitation period provided for in Article 27 (3) of this Act shall apply from 1 January 2007. In calculating the limitation periods referred to above, account shall also be taken of the time elapsed before the entry into force of this Act.
This Act repeals the Regulation of 23 December 1992 on the compensation of farmers (1468/1992) .
THEY 34/2006 , MmVM 8/2006, PeVL 18/2006, EV
This Act shall enter into force on 1 January 2007. For the purposes of this law, business activities under the pension law of the farmer and retired in accordance with the pension law of the farmer shall also refer to the pension scheme of the farmers. (467/1969) , and a pension.
THEY 196/2006 , StVM 42/2006, EV 201/2006
This Act shall enter into force on 1 May 2007.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 218/2006 , MmVM 20/2006, EV 282/2006
This Act shall enter into force on 1 January 2008.
The law provides for a pension under the Act on the entry into force of the National Pensions Act or the Law on the National Pensions Act, including the corresponding national pension law (187/1956) The pension.
THEY 91/2007 , MmVM 5/2007, EV 100/2007
