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Law On Occupational Pensions Matters Board

Original Language Title: Laki työeläkeasioiden muutoksenhakulautakunnasta

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Law on the Appeals Board for Occupational Pensions

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

Funcals and members of the Board of Appeal

ARTICLE 1 (22/12/98)
Review Panel on Occupational Pensions

Board of Appeal of Occupational Pensions ( Review board ) Is the first to appeal at appeal in matters relating to occupational pension security, as in the case of the employee's pension law (395/2006) in Article 3 Are provided for in the aforementioned working pension schemes.

ARTICLE 2 (16.12.2011/1333)
Presidents and members of the Appeals Board

The Appeals Board shall have a full-time Chairperson and at least four secondary activities as vice-president. The President-in-Office of the Board of Appeal shall be the head of the Appeals Board and shall be responsible for the operation of the Board of Appeal, shall supervise the consistency of the interpretation of the Board's decisions and shall be responsible for the administrative matters of the Board of Appeal Manner. The Chairperson and the Vice-Presidents shall have a higher degree of higher education in law than the master's degree in international and comparative law and should be familiar with the proceedings before the Board of Appeal Benefit schemes.

In addition to the Chairperson and the Vice-Chairs, the Appeals Board shall have at least 22 other secondary activities. As a side office, at least:

(1) five doctors;

(2) five members who are familiar with occupational pension matters and have a higher education qualification in law, other than masters in international and comparative law, or who are otherwise familiar with occupational pension insurance, in particular;

(3) 10 members who are aware of the circumstances of working life and the labour market;

(4) a member familiar with entrepreneurship;

(5) one member of the agricultural holding company.

The doctor should be a licensed physician experienced in the field of insurance. Members who know the conditions of working life and the labour market must be familiar with the occupational pension issues of private sectors, municipalities or the state.

The members shall each have a personal alternate. What this law provides for a member of the Board of Appeal shall also apply to an alternate.

The President, the Vice-President and the other members shall act under the responsibility of the Judge.

ARTICLE 3 (16.12.2011/1333)
Appointment of directors and members

The Minister for Social Affairs and Health, on a proposal from the Ministry of Social Affairs and Health, shall appoint, for the time being, the President and the other members of the Vice-Presidents and other members for five years at a time.

Half of the members of the labour market and of the labour market must be appointed on a proposal from the most representative associations of employers' associations, with at least three of them familiar with the private sector pension scheme, one of the municipalities The pension scheme and one State pension scheme. In addition, half of the members of the labour and labour market conditions are to be laid down on a proposal from the representatives of the most representative associations of employees and trade unions, with at least three familiarised The pension scheme, one of the municipalities' pension scheme and one in the State pension scheme.

A member of the self-employed business organisations shall be appointed on a proposal from the representative employers' organisations and on the basis of a proposal from the representative associations of agricultural undertakings.

§ 4 (22/12/98)
Membership of the Board of Appeal and the age of withdrawal

The President, the Vice-President and the Member of the Board of Appeal shall have the right to remain in office, which shall be provided for by the holders of the office of the Judge. The President, the Vice-President and the member of the Appeal Board shall be obliged to resign at the end of the month during which he shall be 68 years old. For the remainder of the term of office, the Vice-President of the Appeal Board or the seat of a member of the Board of Appeal shall be appointed for the remainder of the term of office.

§ 5
Judgments and insurance

The Chair of the Board of Appeal, the Vice-Chairpersons and the members shall take the oath as a judge or make a judge's declaration in the Appellate Board as Chapter 1 of the Court of Justice Articles 6a and 7 shall be provided if he has not done so earlier.

ARTICLE 6
Rapporteurs

The Appeals Board shall have the necessary number of rapporteurs. As a qualification as a qualification, the rapporteur's role is to justify the appointment of a judge.

Chapter 2

Proceedings of the Board of Appeal

§ 7
Chambers

The Board of Appeal shall act within the jurisdiction of the Chambers in accordance with the rules laid down in the Rules of Procedure of the Court of Appeal.

Paragraph 2 has been repealed by L 22.12.2006/1298 .

The appeal shall be decided upon by the Board of Appeal and the Chamber of Appeal. Decisions in the appeal proceedings shall be signed by the rapporteur.

§ 8
Appeals by the Board of Appeal

The Appeals Board shall decide on the appeal proceedings in the composition of a single Judge, or at least a four-member section and not more than six members, chaired by the Chairman or Vice-Chair of the Board of Appeal. The composition of the Chamber shall be governed by the order of the members, as decided by the Administrative Chamber of the Board of Appeal. (30.12.2010/1318)

The Chamber of Appeal shall have a quorum in the presence of the President of the Chamber, in the field of occupational retirement and of law, or any other member of the medical profession, in particular who has experience in the field of occupational pension insurance, And two members who know the conditions of working life and the labour market. In addition, the quorum shall be subject to:

1) when dealing with an issue which essentially depends on the entrepreneur's pension law (1272/2006) Or the application of the provisions or provisions adopted pursuant to it shall be present in the presence of a Member who is familiar with the entrepreneurial activity;

2) when dealing with a matter which essentially depends on the adoption of the Act on the promotion of the abandonment of agricultural activities by the farmer, (19/2006) , the Law on the abandonment of agricultural undertakings (1293/1994) , the Law on the generational change pension of farmers (17/1990) , the waiver pension law (16/1974) , the law on the compensation of farmers (1330/1992) , the Law on the cessation of the production of greenhouse gases and apple growing (1297/1994) Or the application of the provisions or provisions adopted pursuant thereto, shall be present in the presence of a member of the agricultural holding.

(30.12.2010/1318)

A quorum shall also be quorum when the President and at least two other Members are present at the meeting of the Chamber, if the members of the Chamber, pursuant to paragraph 2, are present in writing before the meeting with the rapporteur, and This position also includes the members present.

The quorum of the Chamber shall also be conditional on a maximum of half of the members present being members of the working life and the labour market, the members who are familiar with the agricultural undertakings and those who are familiar with the entrepreneurial activity, And that one of the two members of the working life and the labour market mentioned in paragraph 2 (1) to (3) is another member designated by the representatives of the most representative organisations representing employers' associations, and one of the employees and staff members A member of the proposal of the most representative central organisations. (22/12/98)

§ 8a (30.12.2010/1318)
Presidency's deliberations

The Chair or Vice-Chair of the Appeals Board shall decide on the presentation of the items in question:

(1) the withdrawal of a complaint or an application for removal;

(2) administrative law Article 51 of the ec Treaty The lodging of a complaint or an examination of the application in accordance with paragraph 2;

(3) in the light of the new report, the whole of the institution to be returned or transferred to the pension institution;

4) on an application to inform the information or documents of the documents or documents of the proceedings before the administrative courts (2011) , or at the request of the disclosure of information on a document issued by the authorities (18/09/1999) Pursuant to

(5) the issue of suspension and the associated requirement; or

6. On the case of foreclice and the associated requirement.

However, the case referred to in paragraph 1 may also be settled in the Chamber referred to in Article 8 (2), if the quality of the case so requires.

§ 9
Participation of the Deputy Vice-President or Member appointed for the purposes of the proceedings

The Deputy Vice-Chair or Member may, after the expiry of the time limit or after the expiry of that period, continue to participate as a member in the deliberations of which he or she has been involved before the expiry or withdrawal of the time limit.

ARTICLE 10
Enhanced Chamber

The President or the Vice-President of the Appeals Board may order the case or its question to be settled by a qualified Chamber. The consolidated section shall include the President, the Vice-Presidents and the members of the previous section.

A qualified Chamber shall be quorum when the President or the Vice-President and at least two thirds of the members referred to in paragraph 1 are present. In this case, in addition, in the case of Members, the provisions of Article 8 apply. (22/12/98)

ARTICLE 11 (22/12/98)
Plenary session

Where the case before the Appeals Board is of fundamental importance, or where the solution of the Chamber should be different from the previous practice, the Chamber or the President of the Appeals Board shall order the matter to be referred to the Court In plenary session of the appeal committee. The plenary shall also discuss matters relating to the Rules of Procedure of the Appeals Board as well as the administrative matters to be dealt with by the Assembly, acting unanimously on a proposal from the Administrative Chamber.

There shall be a quorum when the President or the Vice-President and at least half of the other members are present. The quorum of the plenary session is a prerequisite for determining, in addition to the appeal, that not more than half of the members present are members who are aware of the circumstances of the working life and the labour market, the members of an agricultural undertaking, and Members who are familiar with entrepreneurial activity. In this case, in addition, in the case of Members, the provisions of Article 8 apply.

ARTICLE 12 (26/06/805)
Application of the Administrative Loan Act

The proceedings before the Board of Appeal shall be governed by the administrative law, unless otherwise specified.

Article 38 of the Law on Administrative Law provides for the submission of an oral hearing at the request of the private party to the administrative court, concerning the submission of the oral procedure by the Appeals Board. Notwithstanding the provisions of Article 2 (1) of that Law, the Administrative Board of Appeal shall also be subject to the provisions of Articles 37, 39, 39 and 39 g and 40 to 50 of the Administrative Court of Justice.

Costs which, according to Articles 49 and 50 of the Administrative Code, are replaced by State resources, shall be replaced by the resources of the Board of Appeal, with the exception of the costs to be reimbursed to the witness designated by the State.

In the case of the Board of Appeal, the provisions of Chapter 11 of the Administrative Loan Act do not apply to an additional appeal.

L to 805/2015 Article 12 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 12 (30.12.2010/1318)
Application of the Administrative Loan Act

The proceedings before the Board of Appeal shall be governed by the administrative law, unless otherwise specified.

Article 38 of the Law on Administrative Law provides for the submission of an oral hearing at the request of the private party to the administrative court, concerning the submission of the oral procedure by the Appeals Board. Notwithstanding the provisions of Article 2 (1) of that Law, the Administrative Board of Appeal shall also be subject to the provisions of Articles 37 and 39 to 50 of the Administrative Court of Justice.

Costs which, according to Articles 49 and 50 of the Administrative Code, are replaced by State resources, shall be replaced by the resources of the Board of Appeal, with the exception of the costs to be reimbursed to the witness designated by the State.

In the case of the Board of Appeal, the provisions of Chapter 11 of the Administrative Loan Act do not apply to an additional appeal.

Article 12a (30.12.2010/1318)
Late report

The Appeals Board may submit a written or oral report without taking account of the report if the report does not appear before or after the date on which the appeal is settled.

ARTICLE 13 (30.3.2007)
Public access to justice

Public access to the Appeals Board and the composition of the Appeals Board on the issue of public access to the proceedings before the administrative courts in the proceedings before the Court of Justice Of the law (2011) Provides.

ARTICLE 14 (16.12.2011/1333)
Administrative matters

The Administrative Division shall discuss the administrative matters referred to in the Rules of Procedure. The Administrative Board shall be convened and chaired by the Chairman of the Appeal Board or, in his absence, the Vice-Chair. Other members of the Administrative Division are the Vice-Presidents of the Board of Appeal. In addition, the Administrative Division consists of three members, including the members appointed on the basis of the proposal of the employers'organisations of the Board of Appeal, the members appointed on the basis of a proposal by the staff of one of the staff and staff members' organisations, and The members appointed on the basis of a proposal by one of the entrepreneurs and farmers' organisations.

The Administrative Chamber shall have a quorum when the President and at least half of the other members are present. The members of the Administrative Division, with the exception of the Chairperson and the Vice-Presidents, shall be replaced by individual alternates.

Chapter 3

Outstanding provisions

§ 15
Access to information and administrative assistance

The Appeals Board shall have the right, without prejudice to the rules of confidentiality and other information, to obtain

(1) the employer, the statutory insurance and pension institution, the authority and the other body to which the law of the public authorities (18/09/1999) , the information which is necessary for the purposes of resolving the issue of insurance, pension or benefit, or which are otherwise necessary in this Act, for the application of social security schemes to mobility within the Community Council Regulation (EEC) No 1408/71 or Council Regulation (EEC) No 574/72 laying down the procedure for implementing that Regulation, adopted by Council Regulation (EEC) No 1408/71 or the procedure for implementing that Regulation The implementation of the tasks provided for in the social security agreement; and (22/12/98)

2) by the Law on Physicians and other health professionals (559/1994) And of the law on the status and rights of the patient (785/1992) Of the health care unit referred to in paragraph 4, as well as from the executive and other health care units, from the social services provider or from the care institution, on request, and others Essential information on the patient's medical records, rehabilitation, health, care and working capacity of the pensioner, unless the applicant itself provides the information mentioned above.

Upon request from the employer, the information necessary for the treatment of a worker's pension or rehabilitation benefit may be provided to the employer, without the consent of the worker, to inform the employer only of the confidential information concerning them, which are essential to the In order to identify the information needed in the decision-making process.

The Appeal Board shall have the right to receive, free of charge, the information which it is entitled under this law to obtain.

The Appeals Board shall have the right to obtain administrative assistance from the police and other authorities in order to carry out its duties under this Act.

ARTICLE 16
Criteria for the economic review board

Pension institutions responsible for pension security in accordance with the laws referred to in Article 3 of the Pensions Act shall be required to carry out an annual administrative fee. The administrative fee charged to pension institutions shall correspond to the total costs incurred by the Board of Appeal for the performance of the duties provided for in this Act. (22/12/98)

The Insurance Supervisory Authority shall annually confirm the draft of the Board of Appeal's budget on a proposal from the management section. The budget shall include the costs of the Board of Appeal's activities. Changes in annual costs must correspond to the general cost level and the change in the number of cases and the review board. For a specific reason, the Insurance Supervisory Board may, in the course of the financial year, fix the additional costs of the amending budget.

The administrative fee for the pension institution shall be determined in such a way that the costs of the review board set out in the budget referred to in paragraph 2 are to be borne by the institutions of the occupational retirement pension institutions mentioned in the previous year preceding the year of establishment On the basis of the work and income of the insured person. The amount of the administrative fee shall be set by the Insurance Supervisory Authority, on a proposal from the Administrative Division of the Board of Appeal. The Board of Appeal shall be responsible for the contribution and recovery of the legal system. More detailed provisions on the implementation of the payment may be laid down by a Council regulation. (22/12/98)

The Audit Board's audit shall be subject to the law of the Court of Auditors (17/01/2015) Provides for the independence, aesthetic, confidentiality, dismissal and resignation of the auditor. Each year, the Appeals Board shall elect an auditor and a deputy auditor, one of whom is a kHT auditor and another JHT auditor. The financial statements shall be confirmed and the discharge to be granted by the Plenary Assembly of the Board of Appeal. The Board of Appeal shall notify the financial supervision of the established financial statements. If the annual accounts show a surplus or deficit in relation to the established budget, the difference shall be taken into account in the basis of the legal management charge for the following year. (18/09/1181)

L to 18/01/2015 The amended paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

The Audit Board's audit shall be subject to the law of the Court of Auditors (209/2007) Provides for the independence, aesthetic, confidentiality, dismissal and resignation of the auditor. Each year the Appeals Board shall elect an auditor and a deputy auditor, one of whom shall be the auditor (KHT) approved by the Central Chamber of Commerce and the other responsible for public administration and finance (JHTT). The financial statements shall be confirmed and the discharge to be granted by the Plenary Assembly of the Board of Appeal. The Board of Appeal shall communicate the established accounts to the Insurance Supervisory Board. If the annual accounts show a surplus or deficit in relation to the established budget, the difference shall be taken into account in the basis of the legal management charge for the following year. (21.12.2007)

The occupational pension institution may appeal to the Insurance Supervisory Authority, as provided for by the law of the Insurance Supervisory Authority, to establish an administrative fee (1999) Provides. (22/12/98)

The administrative charge may be charged without judgment and decision in the order in which the tax and contributions are levied by the law on the enforcement of taxes and charges (367/1961) Provides. If no payment is made at the latest on the maturity date, the annual default interest shall be charged to the unpaid capital (633/1982) in Article 4 , according to the interest rate. Instead of a delay, the Appeals Board may charge a delay of eur 5 if the amount of the default interest is lower.

See: Employee's pension L 395/2006 § 3 . The Insurance Supervisory Authority and the Financial Supervisory Authority have been replaced by Financial Supervision, and L 78/1999 Has been repealed by L for financial supervision 878/2008 . L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 .

§ 17
Entry into force

This Act shall enter into force on 1 January 2006, while Article 12 (2) shall enter into force on 1 January 2007. Before the law enters into force, measures may be taken to implement it. What other law provides for a pension board shall apply after the entry into force of this law to the Board of Appeal of the Pension Board.

Members appointed as members of the retirement committee for the period ending on 31 December 2006 shall be entitled to continue in a similar post until the end of the term of office of the Board of Appeal.

On a proposal from the Administrative Chamber of the Board of Appeal, the Insurance Supervisory Authority shall, for the first time in 2006, adopt the budget of the Board of Appeal and the legal administration. The Board of Appeal's budget for 2006 shall be based on the annual accounts established by the Board of Appeal in 2004 and the criteria referred to in Article 16 (2).

THEY 155/2003 , THEY 47/2005 , StVM 11/2005 EV 99/2005

Entry into force and application of amending acts:

22.12.2006/1298:

This Act shall enter into force on 1 January 2007. Before the law enters into force, measures may be taken to implement the law. The other law provides for the municipalities' pension board and the State Pensions Board to apply to the Pensions Appeal Board after the entry into force of this Act.

The activities of the Pensions Board and the State Pensions Board shall cease to exist upon the entry into force of this Act. The proceedings of the Board of Appeal shall be continued by the Board of Appeal of the Pension Fund, to which all pending cases are referred to the Boards of Boards.

The property and obligations of the Pensions Board and the State Pension Board shall be transferred to the Board of Appeal of the Pension Board at the time of entry into force of this Act.

Staff at the time of entry into force of this Act shall be employed by the Board of Appeal of the Municipality of Municipality and the State Pensions Committee. The persons recruited for the period shall therefore be suspended as they have been recruited if the time limit has not expired upon the entry into force of this Act. Employment contract staff shall be seconded to the Employment Pension Board for a post-contractual relationship.

At the time of entry into force of this law, the officials and civil servants of the municipalities and civil servants of the municipalities and civil servants of the municipalities moving to the Board of Appeal of the Board of Appeal shall cease. In the event of a failure, the post office of the official or official shall automatically cease to exist. The holder of an official or an official transferring to the Board of Appeal of the Pension Board shall be assigned to the Employment Pension Board for the purpose of a contract corresponding to his previous duties.

In the contract-related tasks to which the staff has moved, the collective agreement concluded by the Board of Appeal of the Pension Board and the employment contract concluded by the Board of Appeal of the Employment Pension Board, and which provides or provides for the provisions of the law, However, the conditions of employment of persons moving from the services of municipalities and the State of retirement are also equivalent to those relating to supplementary pension rights and the right to leave, subject to the entry into force of this Act.

The Insurance Supervisory Authority, on a proposal from the Board of Appeal in accordance with this Act, shall establish the budget of the Board of Appeal and the Court of Justice for the first time in 2007. The report includes estimates drawn up by the municipal pension commission and the National Pensions Board for the operating expenditure of the merging boards. The Board of Appeal's budget for 2007 shall be based on the annual accounts of the Appeal Board and the criteria referred to in Article 16 (2). The accounts of the Board of Appeal of the Board of Appeal and the Administrative Board of the State Pension Board for 2006 confirm and discharge the Administrative Division of the Board of Appeal of the Pensions Committee and the Plenary Assembly of the State Pensions Board, Plenary session of the review board. The annual accounts of the municipalities' Pensions Board for 2006 are confirmed by the Ministry of the Interior. The Board of Appeal shall communicate the established accounts to the Insurance Supervisory Board.

THEY 91/2006 , StVM 39/2006, EV 175/2006

30.3.2007/387:

This Act shall enter into force on 1 October 2007.

THEY 12/2006 , LaVM 25/2006, EV 268/2006

13.4.2007/4831

This Act shall enter into force on 1 July 2007.

THEY 194/2006 , TaVM 33/2006, EV 293/2006

21.12.2007/1362:

This Act shall enter into force on 1 January 2008.

THEY 138/2007 , StVM 19/2007, EV 94/2007

30.12.2010/1318:

This Act shall enter into force on 1 January 2011.

THEY 218/2010 , StVM 42/2010, EV 246/2010

16.12.2011/1333:

This Act shall enter into force on 1 January 2012.

Before the law enters into force, action can be taken to enforce the law.

THEY 106/2011 , StVM 12/2011, EV 51/2011

26.6.2015/805:

This Act shall enter into force on 1 January 2016.

THEY 245/2014 , LaVM 23/2014, EV 296/2014

18.09.2015/1181

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014