Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament,
This law provides for the early retirement of agriculture, which
(1) the period 1995 to 1999 is based on the Community co-financing of the scheme provided for in Council Regulation (EEC) No 2079/92 establishing a Community scheme for early retirement in agriculture; and
(2) Whereas the period 2000 to 2006 is based on the principles of the European Agricultural Guidance and Guarantee Fund (EAGGF) support for rural development and amending and repealing certain Regulations (EC) 1257/1999, the national system corresponding to the early retirement scheme for agriculture. (2002/593)
(30.12.1999, P.Under this law, aid for the improvement of the agricultural structure will be granted to farmers who permanently abandon farming as provided for by this law. (30.12.1999, P.
On the basis of the waiver in 1999 at the latest, it will be possible, where appropriate, to grant a waiver from national funds in 2000. (9.12.1999/1163)
For the purposes of this law:
(1) Agricultural undertaking A person who, for his own or collective account, is engaged in agriculture;
(2) On the farm The agricultural holding of one or more fields comprising the arable land or part of the farm; as a farm, the reindeer husbane is also considered to be a farm (161/1990) The reindeer economy or other mode comparable to it;
(3) Agriculture The continuous performance of nature, with the exception of forestry and fisheries, as specified by the Regulation;
(4) On agricultural holdings Agriculture and forestry;
(5) For a pension institution The farmer's pension law (1280/2006) Of the agricultural undertakings concerned; and (22/1283)
(6) The municipality's rural economy The law on the management of rural activities in municipalities (1558/1991) in Article 3 , office-holder or person of confidence.
What this law provides for the spouse of a farmer is also applicable to a person with whom an agricultural undertaking is constantly living in a common household under marital conditions and is insured Under Article 3 (5) of the Pensions Act. (22/1283)
The right to renounce shall be subject to permanent abandonment of the agricultural sector:
(1) in the agricultural holding of the farm or its part;
(2) the spouse of an agricultural holding referred to in paragraph 1, even though he does not have the right to property; and
(3) the surviving spouse of a farmer as 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 as the transferor.
Paragraph 3 has been repealed by L 30.12.1999/1326 .
In order to qualify for the waiver, the transferor must have been engaged in agriculture for a period of 10 years preceding the end of the preceding ten years. It is also required that the transferor has been insured for at least five years immediately prior to the withdrawal of the insured person's pension scheme as a farmer. In this case, the period of validity of the insurance shall be treated as the period during which the insurance was suspended as a result of the incapacity of the agricultural undertaking.
The Regulation shall, where appropriate, specify the conditions referred to in paragraph 1.
In the event of a waiver, the waiver shall be conditional upon the fulfilment of the waiver:
(1) 55 years, but not 65 years if the abandonment takes place between 2003 and 2004, and 56 years, but not 65 years, if the corresponding disposal takes place between 2005 and 2006,
(2) 55 years, but not 65 years, if the renunciation takes place between 2003 and 2006,
(3) 57 years, but not 65 years, if the renunciation takes place as an additional country for the transfer of ownership over the period 2003 to 2006,
4) 60 years, but not 65 years, if the renunciation takes place as an additional country for the period 2004-2006.
If the spouses are the spouses of which the parent fulfils the conditions laid down in paragraph 1 and is eligible for the waiver, the younger spouse shall have the right to waive the entitlement to the waiver if the waiver takes place no earlier than five years before he or her Fulfils the condition laid down in paragraph 1 relating to age.
If the transferor is the widow of a farmer, he shall be entitled to a waiver if the waiver takes place no earlier than five years before he fulfils the condition laid down in paragraph 1.
If the transferor is a farmer who has engaged in agriculture as a shareholder in the group together with his older siblings, as provided for in paragraph 1, and his/her older brother and his older siblings, shall be entitled to grant aid to the younger members of the group, If the waiver takes place no earlier than five years before he fulfils the condition laid down in paragraph 1.
However, the aid shall not be granted to the younger spouse, widower or group of senior members referred to in paragraphs 2 to 4 prior to the condition laid down in paragraph 1.
The right to waive entitlement shall not be granted by the transferor, who shall:
(1) the National Pensions Act (19,16) An invalidity pension, an early retirement pension, an unemployment pension or a certified old age pension; or
2) a pension or a part-time pension as referred to in paragraph 1 of the pension scheme of farmers.
In the event of a waiver, once the transferor ceases, it shall be conditional on the permanent cessation of commercial agricultural activity. In the event of an abandonment of the forestry sector, it is necessary, in the event of abandonment of the transferor, not to carry out forestry activities.
In order to qualify for the waiver, the transferor shall also cease gainful employment other than those referred to in paragraph 1, or that his income from those other jobs may be estimated at EUR 523,61 per month. In this case, however, the income shall not be maintained in the Social Welfare Act (710/1982) And not the family carer (312/1992) The premium. In the case referred to in Article 5 (2), (3) or (4), the junior spouse, widow or group of the surviving spouse must cease or reduce their gainful employment at the latest when he fulfils the condition relating to the age of the payment of the waiver. (30.12.2004)
Paragraph 2, as provided for in paragraph 2, shall not apply to the work of the transferor at the time of withdrawal of any other gainful employment. As a measure of confidence, the Act on the parliamentary allowance shall be considered to be the following: (38/1998) , in accordance with the law of the State, (365/1995) Article 32 , or in the act of confidence referred to in Article 1b of the Pensions Act of the Pensions Act. However, the waiver aid shall not be granted to the transferor until the above mentioned confidence measure has expired or the merits of the work carried out in the course of the act of confidence, together with the earnings from other gainful employment, may be assessed in accordance with paragraph 2. Smaller than the quantity laid down. (2002/593)
Notwithstanding the provisions of paragraph 1, the transferor may carry out the following work to promote the use and management of forests:
1) forest regeneration;
2) the care of the young forest;
(3) tubers;
(4) the harvesting of energy in connection with the care of the young forest;
5) rehabilitation;
(6) forest health fertilisation; and
7) Forests.
(21.7.2006/613)In order to qualify for the waiver, the arable land of the holding which is the subject of the waiver has not been waived in the last three years prior to the renunciation of the relevant part, contrary to the objectives laid down in this Act.
The Regulation provides for the condition referred to in paragraph 1.
The waiver of the agricultural activity may take place in the form of a transfer of generations, giving up the farm's arable land and the production facilities for the agricultural holding to continue the agricultural holding,
(1) has sufficient professional competence for agricultural activity;
2) which has not been completed for 40 years;
(3) whose permanent income from non-agricultural holdings and holdings, as estimated at the time of the waiver, does not exceed the ceiling laid down in the Regulation;
(4) which shows that the farm or farm which is the subject of the waiver is economically viable;
(5) the establishment of minimum standards for the environment, hygiene and animal welfare; and
(6) which undertakes to farm the farm and to live on the holding or at such distance as to enable the holding, taking into account, inter alia, the animal protection law; (247/1996) As long as the transferor is paid a waiver, at least for a period of five years.
Where the transferor's status is a reindeer economy or a condition comparable to it, the waiver may take place by extraditing the reindeer, the production facilities necessary for the delivery man and the conditions laid down in paragraph 1 (1) to (3) of the reindeer economy The transferee who, as a result of the transfer, consists of a reindeer herder complying with the minimum requirements laid down by the Regulation. In that case, the transferee shall undertake to engage in reindeer husbanding as long as the transferor receives a waiver, at least for a period of five years.
The Regulation lays down the conditions referred to in paragraphs 1 and 2 and the time limit laid down in paragraphs 1, 4 and 5 at the latest. If the conditions are not fulfilled at the time of the waiver, the transferee shall make a commitment within the prescribed period.
The waiver of the agricultural activity may take place in such a way that the transferor gives up the farm as parts of the farm or as a whole additional country for the purposes of agricultural activity for one or more transferees,
(1) in the event of an abandonment of farming on a farm where the abandonment of the transferor becomes an additional country;
(2) which has taken out an insurance policy for the farm economy as laid down in the law, in accordance with the provisions of Article 1 of the Pensions Act;
3) which has not been completed for 55 years;
(4) in respect of which the supply of arable land is increased by at least two hectares; and
5) which commits to cultivating the farm as long as the transferor is paid a waiver, at least for a period of five years.
The waiver of the agricultural activity may also take place in such a way that the transferor rents the farm as parts of the farm or as a whole additional country for the purposes of agricultural activity to one or more of the transferee who, in accordance with paragraph 1, Conditions. (2002/593)
Where the transferor's status is a reindeer economy or a condition comparable to it, the waiver may take place by extraditing reindeer to the reindeer owner who has taken the insurance as referred to in Article 1 (2) as a reindeer owner and who: Fulfils the age condition referred to in paragraph 1 (3). The recipient's undertaking must grow at least 20 reindeer as a result of the donation. The donor must undertake to engage in reindeer husbanding as long as the transferor is paid a waiver, at least for a period of five years.
The Regulation of the Council of State lays down more detailed provisions for the conditions referred to in paragraphs 1 and 3. (2002/593)
§ 11 has been repealed by L 30.12.1999/1326 .
Article 12 has been repealed by L 30.12.1999/1326 .
The transfer referred to in Article 9 (1) and Article 10 (1) may also take place between two transferee and their spouses together. In that case, both, and in the case of spouses, at least one shall satisfy the conditions laid down for the transferee.
Paragraph 1 shall also apply to the rental referred to in Article 10 (2). (2002/593)
Where the fields of the holding or some of them are pooled jointly for the purposes of joint cultivation referred to in Sections 9 or 10, they shall undertake to keep the fields indivisible in their ownership or, if the supply is carried out By renting, controlling the duration of the commitments provided for in this Act. Spouses, even if only one of them fulfils the conditions for the transferee, shall keep the fields in a similar manner in their ownership or control if they are handed over to them jointly. (2002/593)
Where the transferor is the owner of the holding or the owner's spouse, field and production facilities, the transfer may take place at trade, with a gift or exchange for non-agricultural and forestry land. When the transferor is a person referred to in Article 3 (1) (3), the donation shall also be regarded as a transfer between widows and heirs and a division of the estate.
Where the transferor's status is a reindeer economy or a comparable state, the supply of reindeer and production facilities and structures as referred to in Article 9 (2) and Article 10 (3) may take place at a trade or a gift. (2002/593)
The leasing referred to in Article 10 (2) may take place under a lease of at least 10 years. (2002/593)
The waiver provided for in this Act shall be deemed to have taken place when the deed is signed.
The entire field of the farm must be covered by the waiver. However, the beneficiaries shall be entitled to exclude from the waiver the following reasonably sized areas:
(1) the economic centre where residential buildings and, in cases other than those referred to in Article 9, the economic buildings of the holding; and
(2) However, the arable area, which may not exceed 10 % of the arable area covered by the waiver, is not more than one hectare for the production of garden and vegetable products necessary for the economy of the economy.
If the transferor alone or together with his/her spouse or the transferor's spouse has more than one farm, all the arable land shall be abandoned in accordance with this law. If the transferor or his/her spouse owns only a share of the other agricultural holding in addition to the farm, the other shareholders of this holding shall not be required to give up the arable land. However, the transferor and his/her spouse must cease to practise farming on their own or collective account, including on such a holding.
If the transferor is a reindeer maker, the waiver shall apply to all reindeer owned by the transferor and his/her spouse. However, at the end of the commercial reindeer economy, the transferor and his/her spouse may, where appropriate, remain at their own disposal for a limited number of reindeer. The maximum number of reindeer-making reindeer is regulated by a regulation.
The amount of the waiver shall be based on the income attributed to the farmer under the pension law of the farmers.
The waiver shall consist of a basic amount and a supplement.
The basic amount of the aid shall be equal to the amount of the invalidity pension under the pension law of the farmers, which would have been granted to the farmer if he had been entitled to a full invalidity pension. The basic amount is governed by the provisions of the Pensions Act of the agricultural undertakings, except in Article 8 (3) of the Law, as referred to in Article 8 (3) of the Act amending the Pensions Act (2003) The law applicable upon entry into force.
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.
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.
The basic amount shall be adjusted according to changes in the general wage and price levels as in the employee pension law (395/2006) Provides. (21.7.2006/613)
The supplement to the waiver is equal to the national pension which would have been granted to the transferor if, at the beginning of the waiver, he had been entitled to a national pension awarded as an invalidity pension. For the purpose of calculating the supplement, the provisions of the National Pensions Act as they were (1839/2003) The law applicable upon entry into force. However, the calculation of the supplement does not apply to the provisions of Article 25b and Article 28 (1) of that Act. Notwithstanding the provisions of Article 26 (5) of the National Pensions Act, as set out above, Article 26 (5) of the National Pensions Act (547/1993) The law applicable upon entry into force. For the purpose of calculating the supplement, what is laid down in the Law on Pensions provides for the determination of a pension for the spouses, even where the question is of persons referred to in Article 2 (2) of this Law. After the waiver has been granted, the amount of the supplement shall be reviewed only in the form of (568/2007) Changes in the family relationship referred to in paragraphs 1 and 2. (21.12.2007)
The supplement shall be adjusted by the index, as laid down in the Law on National Pensions (2003) Provides. (30.12.2004)
Notwithstanding the provisions of paragraph 1, the supplement to the Supplement to the Supplement to the Supplement shall be amended on 1 January 2008, in accordance with Article 19 of the National Pensions Act. (7.12.2007/1162)
The waiver shall be accompanied by a child increase referred to in Chapter 10 of the National Pensions Act under the conditions laid down in that Chapter. (21.12.2007)
The application of the aid shall be submitted before the waiver referred to in Article 15.
The applicant shall attach to his application the draft version of the transfer book signed by the parties or the pre-contractual agreement, as well as the undertaking signed by the transferee referred to in Article 9 (1) (6) or Article 10 (1) (5); For a decision.
The application for the refund shall be made and the commitments referred to in paragraph 2 shall be made using the form approved by the pension institution. The application shall be accompanied by an explanation of the ownership and the surface area of the holding which is the subject of the renunciation and, in the case of the transfer of generation, reports on the identity and income of the transferee, the financial On viability and compliance with environmental, hygiene and animal welfare standards. The pension institution may require the application to be accompanied by further examination of the application.
If the waiver has taken place no later than 1999, the waiver shall be submitted by 15 January 2000 at the latest.
The request for a waiver and the commitments referred to in Articles 9 and 10 shall be submitted to the rural economy authority of the municipality or to the employment and business centre in whose territory the holding is situated, or to the pension institution or its authorised To the Ombudsman.
If the application has been submitted to the labour and business centre, or to the pension institution or its agent, the application shall be transferred without delay to the rural economy authority of the municipality concerned. The provincial rural economy authority shall submit the application dossier, together with its opinion, on the conditions for the waiver of the waiver.
An application for a waiver shall be deemed to have been lodged on the date of receipt of the application to the addressee of the application referred to in paragraph 1.
If, within a reasonable period of time, the applicant for the waiver of the waiver, the applicant shall provide the necessary further explanation for the purpose of resolving the application submitted by the municipality's rural economy, the employment and business centre or the pension institution, The application shall be deemed to have been made only when the explanation required for the solution of the application has arrived to the person who requested it.
More detailed provisions on the application for waiver of aid are laid down by a Council regulation.
The pension institution shall, without delay, settle the application for the waiver, after having received the necessary opinions and explanations.
Where a decision is taken on the basis of a draft deed or a preliminary agreement, the conditional decision of the pension institution shall state all the conditions for the granting of the waiver. The decision shall include the condition that the applicant shall submit a final or a copy of the draft or a copy of the draft agreement corresponding to the draft agreement, within six months of the date of adoption of the decision.
A conditional decision within the meaning of paragraph 2 shall lapse if, within the time limit, the draft final deed or the copy of the draft agreement corresponding to the draft agreement has not been forwarded to the pension institution.
Where an application is made conditional, as provided for in paragraph 2 of this Article, the condition referred to in Article 4 shall be deemed to be the date of the application for the waiver of the waiver. For the purpose of determining the amount of the aid, the starting date of the refund shall be the beginning of the calendar month during which the conditional decision is adopted.
The pension institution shall notify its decision by sending it to the addressee by letter to the addressee. The decision shall be communicated to the Centre for Enterprise, Transport and the Environment and to the rural economy authority of the municipality. In addition, the decision shall be notified to the Association of Paliskuntai when the transferor is a reindeer economic operator. (22.12.2009)
In the context of the decision on the beginning of the waiver, the pension institution shall also provide the transferor referred to in Articles 9 and 10 with a view to fulfilling the obligations of the transferor for the duration of the waiver. In the event of a permanent cessation of the payment of the waiver, the pension institution shall also inform the transferor.
In the event that the application is rejected after the waiver has taken place within the meaning of Article 15, the recipient of the undertaking referred to in Article 9 or Article 10 must declare, after the final entry into force of the decision, that: He is bound by the commitment.
The waiver shall be made from the date of the waiver referred to in Article 15, but not before:
(1) the transferor has fulfilled the age requirement laid down in Article 5 (1); (2002/593)
(2) the transferor has ceased trading in agricultural and forestry activities within the meaning of Article 7 (1);
(3) the transferor has stopped or reduced its other gainful employment to the extent that his record of such works may be estimated to be below the amount provided for in Article 7 (2);
(4) the payment of rehabilitation aid has ended in the event that the transferor has the right to rehabilitation aid;
(5) the management of the holding which is the subject of the waiver and the ownership of the transferred reindeer and, in the cases referred to in Article 9, the management of production facilities and structures has also been transferred to the transferee; and
(6) the transferee has undertaken to fulfil its commitment within the meaning of Article 9 (1) (6), Article 9 (2), Article 10 (1) (5) or Article 10 (3); (2002/593)
7. In the cases referred to in Article 7 (3) of the Law, the transferor has ceased or reduced its work in confidence, in such a way as to enable him to assess, together with the merits of any other gainful activities, that he/she has earned his or her own merits; 7 § below the amount provided for in Article 2 (2). (2002/593)
The amount of the aid shall not be paid under the calendar month.
If the beneficiary of a waiver is granted under the Act on the entry into force of the National Pensions Act or the National Pensions Act (169/2007) In the case of an invalidity pension, individual early retirement, unemployment pension, old age pension or a certified old age pension, the supplement to the transferor is abolished. (21.12.2007)
If the beneficiary of a waiver is granted full invalidity pension, in accordance with the laws laid down in Article 3 of the Pensions Act or the laws entered into force on the worker's pension, individual early retirement, unemployment pension, old age pension or chargeable Old-age pension, the supplement to the supplement is abolished. The above provisions also apply to the Pensions Act of 1961. (395/1961) In accordance with the laws or regulations referred to in paragraph 4.
The supplement shall be abolished from the date on which the pension referred to in paragraphs 1 or 2 begins. (29.12.2009)
If the pension referred to in paragraphs 1 and 2 has been 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. (29.12.2009)
The beneficiary shall not have the right to receive a pension on the basis of his entrepreneurial activity within the meaning of the pension law of the farmer. The entitlement to a waiver shall not prevent the establishment of a pension entitlement on the basis of an entrepreneurial activity or an entrepreneurial activity within the meaning of the pension law of a non-agricultural undertaking. (22/1283)
A pension may not be accrued on the basis of an agricultural undertaking referred to in Article 3 or 13 of the pension law of the agricultural undertaking from which he or she is to be granted a waiver. In the event of an abandonment of the pension, the transferor may not be granted a pension cover as a farmer or reindeer owner within the meaning of Article 3 or 13 of the Pensions Act of the Pensions Act, even if the payment of the waiver has not yet begun. Because the conditions laid down in Article 22 or any of them are not fulfilled. (19/12/1000)
Where the payment of the waiver pursuant to Article 22 has commenced, the beneficiary of the waiver shall be excluded from any gainful employment other than that of the agricultural undertaking referred to in Article 3 or 13 of the Pensions Act, depending on the worker's pension scheme 3. The occupational pension schemes referred to in § 1 provide for the work performed during the pension. (19/12/1000)
The waiver is not paid for the calendar month during which the beneficiary of the waiver is gainfully employed and earns at least EUR 523,61 per month. In this case, the income referred to in Article 7 (2) shall not be taken into account, which shall not be counted as income from gainful employment. (30.12.2004)
The payment of the waiver may be suspended when the pension institution is informed of the fact that, pursuant to Article 1 (1), the amount of the waiver should not be paid. The payment of the grant aid may also be suspended if the main responsibility on the farm which is the subject of the abandonment of the agricultural holding must be considered to have been transferred otherwise than temporarily to the beneficiary of the waiver, and Other farm conditions. The payment of the waiver shall be suspended from the following possible period of payment, provided that the reason for the suspension of payment is still available. (29.12.2009)
Paragraph 3 has been repealed by L 29.12.2009/17 .
Paragraph 4 has been repealed by L 29.12.2009/17 .
The Regulation provides for a more detailed procedure for the resumption of the suspension of the suspension aid.
In the case of the waiver of the waiver, the waiver of the waiver shall cease.
The basic amount of the aid shall be equal to the same amount as the farmer's retirement pension as the date referred to in paragraph 1. (22/1283)
However, the old-age pension referred to in paragraph 2 shall be added:
(1) the pension to which the beneficiary of the waiver is entitled under the benefits provided for in Article 74 of the Pensions Act, and a benefit accruing from State resources for the reimbursement of a pension under a three-year-old child or from the period of study; Of the law (1940/2003) ; and
(2) a pension accrued on the basis of the pension scheme of an agricultural holding which, at the time of the waiver, has not been taken into account when determining the basic amount of the waiver.
(22/1283)The waiver of the waiver of the waiver shall cease.
When 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 obtain a basic amount of the basic amount in accordance with Article 18 of this Law. A full disability pension. (22/1283)
The transferor has the right to suspend compliance with the undertaking referred to in Article 9 (1) (6), Article 9 (2), Article 10 (1) (5) and Article 10 (3), in respect of the performance of his military service, the financial or For professional studies in support of the farm economy or any other acceptable reason. In the case of such an obstacle, the pension institution shall, for a longer period of time, extend the commitment period by the same time, unless the transferee proves that he himself, his/her spouse or another transferee fulfils the obligations of the undertaking.
If the transferee, as referred to in Article 9 or 10, does not fulfil its commitment, and is not due to the legitimate reason referred to in Article 28, the pension institution shall be obliged to reimburse the capital value of the transferor to the pension institution, which is provided for in the social and According to the criteria laid down by the Ministry of Health. (30.12.1999, P.
However, where the non-commitment of the undertaking is to be regarded as minor or outweighed by considerations of equity, the pension institution may, however, decide that the capital value of the waiver is to be retained in full or in full. Where the surrender periods referred to in Article 10 are carried out by the transfer of a generational change pursuant to Article 9, in respect of which a commitment pursuant to Article 10 is transferred in the course of a generational change to the extension of the holding, the capital value of the waiver shall be left to: Not to be recovered. (2002/593)
The capital value shall be paid at a rate of 10 % per annum, including the adoption of the decision of the pension institution.
The transferor shall be obliged immediately to inform the pension institution if he suspends the fulfilment of the undertaking provided for in this Act.
The waiver will be abolished if the transferor takes up agriculture or forestry against the prohibition laid down in Article 7 (1). (30.12.1999, P.
Where the activity or failure to act as referred to in paragraph 1 of the transferor is to be regarded as minor or that there has been another specific reason for such action or omission, the waiver may be suspended or terminated: The payment of the waiver is paid at the rate of the former. Part of the extension can also be phased out.
Discharge may be carried out, including when the activities referred to in paragraph 1 were carried out or did not occur.
The transferor shall immediately inform the pension institution if he enters into the activities referred to in paragraph 1 or otherwise suspends the fulfilment of the undertaking provided for in this Act.
The beneficiary of a waiver shall be obliged to inform the pension institution of any change affecting his right to a waiver or to the amount of the waiver.
The pension institution, the EAFRD, the Centre for Enterprise, Transport and the Environment, or the rural economy authority of the municipality, may, where appropriate, require a statement from the beneficiary of the waiver that he/she continues to fulfil the conditions for the waiver of the waiver. If the beneficiary does not submit the report within a reasonable time limit within a reasonable period, the pension institution may decide that the execution of the waiver shall be suspended until the report has been submitted. (22.12.2009)
The decree of the Council of State lays down more detailed provisions on the amendments referred to in paragraph 1, of which the beneficiary of the waiver is subject to notification.
If the waiver has been unduly paid or the amount is too high, the pension institution shall recover the excess amount of the waiver.
Recovery may be waived, in whole or in part, if this is deemed to be reasonable and the undue payment of the waiver has not been due to the fraudulent conduct of the transferor or his representative or where the amount unduly paid is Small. In addition, recovery may be waived, even after the adoption of the recovery decision, where, in the light of the beneficiary's financial situation, it is no longer appropriate to continue or to recover The extension would entail disproportionate costs in relation to the amount of the waiver.
However, recovery will not be waived if recovery is due to the fact that the aid paid has not complied with the State aid rules in the agricultural and forestry sector, on the basis of which the abandonment aid scheme has been adopted.
The waiver of the waiving of undue payment may also be recovered by offsetting it in the future. However, the waiver of the waiver shall not, however, be reduced more than one sixth of the part of the part of the transferor which is left after the date of the waiver has been provided by the beneficiary. (1118/1996) In accordance with the provisions of the Treaty. In the same way, the granting of an unwarranted waiver may be recovered by offsetting it in the future in respect of the instalments of the invalidity or old-age pension under the pension law of the farmer.
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. A new limitation period of five years shall begin to run from breaking the limitation period. The limitation period of five years may be extended as provided for in Article 11 (3) of the Law on the limitation of debt.
The transferor shall have the right to obtain a preliminary ruling from the pension institution. The procedure referred to in Article 28 shall be deemed to constitute a suspension of the undertaking as referred to in Article 28 or the measure referred to in Article 29, and the consequences of the procedure under that provision.
The beneficiary of a waiver shall have the right to obtain a binding preliminary ruling from the pension institution on whether or not the measure he intends to take constitutes a suspension of the suspension of aid, in accordance with Article 25 or in accordance with Article 30.
The implementation of this law will be carried out by the local rural economy authorities, the economic, transport and environmental centres, the Ministry of Rural Affairs, the Ministry of Agriculture and Forestry, the Paliskuntai association and the pension institution.
According to this law, the activities of the Centre for Enterprise, Transport and the Environment in the province of Ahvenanmaa are responsible for the Åland State Office.
The EAFRD shall be a party to the Agreement with the Ministry of Agriculture and Forestry on the detailed rules for the application of Council Regulation (EC) No 1290/2005 on the use of Community funds by the Ministry of Agriculture and Forestry The approval of the paying agencies and other bodies, as well as the agreement referred to in point 1 of point 1 of Annex I to Commission Regulation (EC) No 885/2006 as regards the clearance of the accounts of the EAGF and the EAFRD, in which: Define the tasks to be performed by the pension institution instead of the paying agency As laid down in the Act, the Council Regulation and the Government Decree. The EAFRD may also, where appropriate, amend the contract or new it as provided for in Community legislation. The Agreement may also include provisions on the technical aspects necessary for the implementation of the information and other obligations provided for by the Pensions Office, such as the verification of the correctness of expenditure, the paying agency's declarations of expenditure And other reports on the submission of the necessary information and the time limits for them.
Details of the tasks and deadlines to be included in the agreement may be laid down by a Council Regulation.
The municipality's rural economy authority shall give its opinion on whether the conditions for the waiver of the waiver are met.
If the pension institution considers that the opinion of the provincial rural economy authority is clearly open to interpretation, the pension institution may, on application, request the opinion of the Centre for Labour and Employment. If the transferor is the reindeer operator, the pension institution may also request the opinion of the Association of Paliskuntai. (30.12.1999, P.
Upon receipt of an application for a waiver, the pension institution shall decide on the opinion of the municipality's rural economy and, in the cases referred to in paragraph 2, the labour and business centre and the association of Paliskuntai. (30.12.1999, P.
The Ministry of Rural Development, Economic Affairs, Transport and Environmental Centres, the Ministry of Rural Affairs and the Ministry of Agriculture and Forestry shall, in addition to the pension institution, ensure that the recipient of the waiver is not engaged in agriculture and that the transferor, and The transferee shall comply with the undertakings provided for in this Act.
For the purposes of supervision, the institutions referred to in paragraph 1 shall have the right of access to the holding which is the subject of the waiver and the right to be informed of the fulfilment of the conditions laid down in this Act from the transferor and the transferee.
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. The abolition of the legal decision shall be governed by the provisions of Article 140 of the Pensions Act and the Act on the Enforcement of the Pensions Act. (21.7.2006/613)
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. (22/1283)
A statement issued under this law by the municipality's rural economy, business, transport and the Environment Agency or the Paliskuntai Association shall not be subject to appeal. (22.12.2009)
The costs of waiving the application of this law and the cost of treatment are borne by the State.
The Ministry of Social Affairs and Health, on a proposal from the Pensions Office, shall establish the criteria for calculating the cost of treatment referred to in paragraph 1.
The State shall, in accordance with the provisions of the Regulation, carry out a monthly advance on a monthly basis corresponding to the amount estimated by the State in accordance with paragraph 1.
Any document issued on the basis of this law or on the basis of a document issued on the basis of it has deliberately given false or misleading information or which, by providing or concealment of false information, has resulted in the fact that: The amount of the reparation aid has been unduly paid or the capital value of the waiving has been partially or fully recovered, must be condemned; Infringement of the provisions of the law on the disposal of agricultural undertakings In the case of a fine, unless the other law provides for a more severe penalty.
Subject to this law, the waiver shall apply mutatis mutandis to the provisions of Article 8g of the Workers' Pensions Act of 1961, as applicable on 31 December 2006, and Articles 96-100, 103, 112 of the Pensions Code of the employee. In Articles 113 (3), 115 and 116, Article 119 (1) and (2), Article 120 (2), (4) and (5), Articles 121 and 122, 124 (1), 125, 128, 130 and 132, 133 (1) and (4), 134 to 140, 180 and 191, 192 Articles, 193 (2), 195-196, 198, 202, 204 and 205, Article 206 (1) (1), Article 208 (1) and (3) Article 209, Article 210 (1), (3) and (4) and Articles 216 to 218 and Article 103 (1), Articles 114, 116 to 124, 125 (2), 125 (2), 126-132, 134, 143, 145 and 146 (1) of the Pensions Code. (22/1283)
Save as otherwise provided in this Act, the control of the withdrawal of aid shall be governed by the law on the procedure to be followed for the management of rural activities (1336/1992) Mutatis mutandis. (30.12.1999, P.
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 and the supplement to the waiving of the waiver provided for in this Act shall be the income tax law (1535/92) For the purposes of the application of Articles 100 and 101 as a pension income tax.
For the purposes of Article 36 (1) of the Ministry of Agriculture and Forestry, for the purposes of Article 36 (1) of the Ministry of Agriculture and Forestry, and for agriculture and forestry, the Law on structural policy measures (133/1994) For the purposes of monitoring the aid scheme for the afforestation of the field. (22.12.2009)
A farmer does not have the right to a waiver under the law provided for in this Act if, on the basis of the same supply, he or another person has been awarded a generational renewal pension under the (1317/90) Or waiver of compensation for the abandonment of agricultural undertakings (1330/92) Basis.
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
This Act shall enter into force at the time laid down by the Regulation.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 162/94 , MmVM 13/94This Act shall enter into force on 1 January 1996 and shall apply if the waiver is to take place or, where the waiver is based on Article 21 of the Law on the withdrawal of agricultural undertakings, the conditional decision shall be adopted after the entry into force of this Act.
Notwithstanding the provisions of paragraph 1, before the date of entry into force of this Act, the supplement shall apply if it does not cover a proportion corresponding to the additional part of the national pension, where applicable, in respect of Law (1491/95) The provisions of paragraphs 2, 4 and 7 of the entry into force.
THEY 119/95 , StVM 21/95, EV 121/95
This Act shall enter into force at the time laid down by the Regulation. This law shall apply where the waiver takes place or, where the aid is based on Article 21, the conditional decision referred to therein shall be sought after the entry into force of this Act.
THEY 101/95 , MmVM 4/95, EV 72/95
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 at the time laid down by the Regulation.
THEY 60/1998 , MmVM 15/1998, EV 252/1998
This Act shall enter into force at the time laid down by the Regulation. (L 1163/1999 came into force on 1 January 2000 pursuant to A 1355/1999.)
This law shall also apply to applications pending when the law enters into force.
Notwithstanding Article 1 (3) of this Law, after 1999, the withdrawal aid may be granted, in accordance with Article 1 (1) of the Law on the granting of aid to farmers, on the basis of the Community's early retirement scheme, provided that the aid is based on The decision on appeal against the decision of the pension institution of 2000.
THEY 123/1999 , MmVM 8/1999, EV 84/1999
This Act shall enter into force at the time laid down by the Regulation. On 1 July 2000, L 1326/1999 entered into force on 1 July 2000.)
Before the entry into force of this Act, measures may be taken to implement the law.
This law shall apply if the waiver takes place on or after 1 January 2000, but no later than 31 December 2002.
However, no later than 31 December 1999, no later than 31 December 1999, no later than 31 December 1999, the provisions in force at the date of entry into force of this Act shall apply, however, by virtue of Article 1, Article 18 (3) of this Law. Article and Article 40 (5) shall also apply to the waiving of time.
THEY 131/1999 , MmVM 12/1999, EV 97/1999
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 1 June 2001.
The supplement to the waiver provided for in this Act shall be amended without application. A decision shall be adopted on request. The replacement part shall not be revised in the course of the amendment.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 154/2000 , StVM 37/2000, EV 202/2000
Article 19 (4) and Article 34 (2) to (4) of this Law shall enter into force on 1 August 2002. For the rest, the law will enter into force at the time of the Council's decree. If the European Community does not accept the aid scheme contained in this Act as such, the law may be enforced by a decree of the Council of Ministers, in so far as the conditions of the aid are accepted. (L 593/2002 comes into force on 1 December 2002 in accordance with A 884/2002).
This Act repeals the Regulation of 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) Articles 14 and 24, as defined in Article 24 of Regulation No 369/2000. However, the provisions of that Regulation shall apply to the abandonment of the agricultural activity which took place before 1 January 2003, as they were at the time of entry into force of this Act.
This law shall apply if the abandonment of agricultural activity takes place no earlier than 1 January 2003 and no later than 31 December 2006. However, Article 10 (2), Article 13 (2) and Article 14 (3) shall apply only if the waiver takes place no earlier than 1 January 2004 and no later than 31 December 2006.
The provisions in force at the time of entry into force of this Act shall apply to the withdrawals before the entry into force of this Act. However, Article 34 (3) and (4) of this Law applies to the renunciations referred to in Article 1 (1) (1) of the Law on the withdrawal of agricultural undertakings.
Article 7 (4) of this Law applies to the renunciations which occurred in or after the year 2000.
Notwithstanding the provisions of paragraph 3 of the entry into force, Article 19 (4) of this Act shall apply if the abandonment of the agricultural activity has taken place before 2003, provided that the waiver is made at the time of entry into force of this Act. Or will be paid after the entry into force of this Act. However, for the period between the date of entry into force of Article 19 (4) and the entry into force of Article 19 (4), the child increase shall be paid no earlier than 1 January 2002.
Article 29 (2) shall apply if the generational change referred to therein takes effect after the entry into force of this Act and the supply of an additional country has taken place on or after 1 January 2000.
Notwithstanding Article 5 (1) (3) of the age limit of the transferor, the grant of the waiver shall be conditional upon the transferor of 1947 and the renunciation of the transferability of the transferor of 55 65 years. If the transferors are spouses and the parent of the spouses fulfils the conditions laid down in this paragraph and is otherwise entitled to a waiver, the younger spouse shall be entitled to a waiver if he or she is not Completed 50 years.
If, in the event of abandonment, the two siblings and the senior partners of the group fulfil the conditions laid down in paragraph 8, the younger shareholders of the group shall be entitled to give up to the group's younger shareholders if they have completed 50 Years. However, the aid shall not be granted to the transferors referred to in this paragraph and in paragraph 8 before the age of 55. Notwithstanding the provisions of Article 5 (1) (1) in 2005 or 2006, the provisions on the age limit for this entry into force shall also apply in 1949 or the renunciation of the age of the transferor. In accordance with Article 5 (2) of the Rules of Procedure of the Court of Justice of the European Communities, in accordance with Article 5 (2) of the Rules of Procedure of the Court of Justice of the European Communities, the Age limit. These provisions also apply to the age limit applicable in 1954 or to the surviving spouse of an agricultural holding referred to in Article 5 (3), in 2005 and 2006, Article 9 of the ec Treaty ( In the case of intergenerational transmission. (30.12.2004)
Before the law enters into force, measures may be taken to implement the law.
THEY 246/2001 , MmVM 5/2002, EV 78/2002
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 March 2005.
The supplement to the waiver provided for in this Act shall be amended without application. A decision shall be adopted on request. The replacement part shall not be revised in the course of the amendment.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 176/2004 , StVM 23/2004, EV 147/2004
This Act shall enter into force on 1 January 2005.
The income limit referred to in Article 7 (2) of this Act shall apply if the waiver takes effect on or after 1 January 2005.
Notwithstanding Article 18 (1) of this Act, in accordance with Articles 8 and 8a to 8h of the Pensions Act of the Pensions Act, the period after the entry into force of this Act shall be applied to the time after the entry into force of this Act. The fixed employment income shall be taken into account in the calculation of the pension on which the pension is based as the basis for contributions paid to the farmer, unless Article 8 (3) of the Pensions Act of The article as it is the pension law of the agricultural undertakings By law amending (2003) , that is all.
The provision of Article 18 (4) of this Law on the application of Article 9 of the Workers' Pension Act to the review of the basic amount of the waiver shall also apply to the waiver of the waiver before the entry into force of this Act.
The earnings limit referred to in Article 25 (1) of this Act shall also apply to the waiver of aid granted before the entry into force of this Act. If the waiver has not taken place earlier than 1 January 1995 and no later than 31 December 1999, Article 25 (1) shall apply as amended by Article 25 (1) of the Act amending the Law amending the Law on the abandonment of agricultural undertakings (1326/1999) By the law applicable at the time of entry into force, but in such a way that the waiver is not paid for the calendar month during which the beneficiary is gainfully employed, if, in addition to his established income, he earns not less than 523.61 per month. Euro. At the time of entry into force of this Act, the relevant income limit shall be determined to the level of 2004 in such a way that an established income in the form of a monthly earnings limit, as part of the monthly earnings limit defined in the context of the granting of the waiver, before the granting of the aid to the recipient of the waiver, Shall first be reviewed at the 2004 level by applying Article 9 of the Workers' Pensions Code, as amended by the Act amending the Pensions Act (634/2003) At the time of entry into force of the law, followed by an increase of eur 523.61. The earned income limit thus determined shall be reviewed by the wage coefficient referred to in Article 7b of the Pensions Act of the Workers' Pensions Act.
A farmer shall be given a decision to amend the income limit laid down in Article 25 (1) of this Act to comply with the provisions of this Act if he requests it in writing from the pension institution.
The amounts mentioned in Article 7 (2) and Article 25 (1) of this Act correspond to the value of the salary coefficient referred to in Article 7b of the Workers' Pensions Act (1000) in 2004.
For the purposes of applying Article 40 (1) of this Law, the provisions of Article 40 (1) of the Act amending and amending the Pensions Act (1332/2003) The entry into force of the entry into force.
Before the law enters into force, measures may be taken to implement the law.
THEY 215/2004 , MmVM 12/2004, EV 216/2004
This Act shall enter into force on 1 January 2005.
Before the law enters into force, measures may be taken to implement the law.
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 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) Articles 17 to 19, as amended by Regulation 369/2000.
THEY 192/2004 , MmVM 11/2004 EV 215/2004
This Act shall enter into force on 1 September 2006.
The supplement to the waiver provided for in this Act shall be amended without application. A decision shall be adopted on request. The replacement part shall not be revised in the course of the amendment.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 124/2005 , StVM 14/2005, EV 119/2005
This Act shall enter into force on 27 July 2006.
Article 7 (4) shall apply where the waiver has taken place between 1 January 2000 and 31 January 2006.
Article 23 (1) and (2), as provided for in Article 23 (1) and (2), shall not apply where the waiver has occurred earlier than 1 January 2000. For the rest, Article 23 applies to all surrenters prior to the entry into force of this Act.
Article 18 (4), Article 24 and Article 25 (3) and (4) of this Law shall apply to all renunciations before the entry into force of this Act. Article 25 (4) of this Law may also be applied before the date of entry into force of this Act for waiving payment.
Notwithstanding Article 9 of the Act on the Pensions Act, the reference in Article 40 (1) of this Act to Article 125 of the Pensions Act shall apply 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 31 (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 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) .
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 supplement to the waiver provided for in this Act shall be amended without application. A decision shall be adopted on request. The replacement part shall not otherwise be revised.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 90/2006 , StVM 56/2006, EV 283/2006
This Act shall enter into force on 1 January 2008.
The supplement to the waiver provided for in this Act shall be amended without application. A decision shall be adopted on request. The replacement part shall not be revised in the course of the amendment.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 95/2007 , StVM 9/2007, EV 55/2007
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. If the waiver has taken place earlier than 1 January 2000, the provisions of Article 23 (1) shall not apply to the amount of the retirement pension. For the rest, Article 23 (1) applies to all surrenters prior to the entry into force of this Act.
Before the law enters into force, measures may be taken to implement the law.
THEY 91/2007 , MmVM 5/2007, EV 100/2007
This Act shall enter into force on 1 January 2009.
This law shall apply to the transferor whose renunciation was granted on the basis of the waiver, which took place on or after 1 January 1995, but no later than 31 December 2006.
THEY 92/2008 , StVM 22/2008, EV 132/2008
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force at the time of the Council Regulation.
Article 23 (3) of the Law shall apply to the waiver of the pension payable to the beneficiary of the supplement to the supplement, which shall begin on or after 1 January 2011.
Article 31 shall also apply to aid granted before the entry into force of this Act, where a measure which may be followed by recovery has been carried out since the entry into force of this Act.
THEY 205/2009 , MmVM 12/2009, EV 246/2009
This Regulation shall enter into force on 15 December 2010.
