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The Law On The Promotion Of The Return Of The Disability Retirement

Original Language Title: Laki työkyvyttömyyseläkkeellä olevien työhönpaluun edistämisestä

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Law on the promotion of the return to work on invalidity pensions

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In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

The purpose of this law is to promote a return to work on invalidity pensions.

ARTICLE 2
Scope of law

This law shall apply to the following laws and regulations ( Working pension contributions ) , without prejudice to the amount of the invalidity pension provided for in the invalidity pension to the invalidity pension:

1) the worker's pension (185/2006) And the entry into force of the employee's pension law (186/2006) ;

(2) the Maritime Pensions Act; (1290/2006) And the law on the entry into force of the Act on the Law of the Sea (1291/2006) ;

3) the entrepreneur's pension law (1272/2006) And law on the entry into force of the entrepreneur's pension law (1273/2006) ;

(4) the farmer's pension law; (1280/2006) And the law on the entry into force of the pension law of the farmer (1281/2006) ;

5) National Pensions Act (2003) And the entry into force of the municipal pension law (2003) ;

(6) State Pensions Act (1295/2006) And the law on the entry into force of the State Pensions Act (1296/2006) ;

7) Pension law of the Evangelical Lutheran Church (161/2008) ;

(8) the Law on Orthodox Church (985/2006) The pension provisions referred to;

(9) The Law on Public Pensions (731/2001) Article 13 Based on pension provisions; or

(10) The Bank of Finland (214/1998) Article 11 The pension rule adopted pursuant to paragraph 2 (6).

Without prejudice to the National Pensions Act (568/2007) , this law shall also apply to an invalidity pension awarded on the basis of the National Pensions Act, with the exception of the invalidity pension granted under Article 12 (4) of the National Pensions Act.

ARTICLE 3 (12/122014/1051)
Limit of entitlement to invalidity pension under occupational pension schemes

Benefits for the benefit of an invalidity pension in accordance with the working pension entitlement shall not affect the payment of an invalidity pension if:

(1) the work of the beneficiary of a full disability pension shall be no more than 40 % of the standard period prior to the commencement of incapacity for work or, if the above 40 % of the established averages are less than EUR 687,74, Not more than EUR 687,74 per month; or

(2) the earnings of the beneficiary of a partial invalidity pension shall not exceed 60 % of the established standard preceding the start of the incapacity to work or, if the 60 % of the established average is less than EUR 687,74, 687.74 euros per month.

§ 4 (12/122014/1051)
Submission of an invalidity pension under occupational pension schemes to rest

If you are entitled to an invalidity pension in accordance with the occupational pension scheme, the income earned from this work exceeds both the amount of eur 687,74 per month referred to in Article 3 and the 60 % of the period preceding the commencement of invalidity. The pension is suspended and the pension is rested on the pensioner's declaration or at the initiative of the pension institution.

The payment of an invalidity pension shall be initiated again by the pensioner when the pensioner ceases to work or his earnings are reduced to below the earning limits referred to in paragraph 1.

Where the work record referred to in paragraph 1 is estimated to exceed one year over a period of more than one year, and 40 % of the consolidated average of the period prior to the commencement of the incapacity for work, as referred to in Article 3 (1), The invalidity pension is converted into a partial disability pension from the beginning of the month following the change.

§ 5 (12/122014/1051)
Limit of entitlement to an invalidity pension under the National Pensions Act and leave to retire

The payment of an invalidity pension under the National Pensions Act shall not be affected if the work of the pensioner does not exceed EUR 687,74 per month. If the pensioner earns more than EUR 687,74 per month, the invalidity pension is suspended and the pension is rested on the pensioner's declaration or at the initiative of the National Pensions Office.

The payment of an invalidity pension shall be initiated again by the pensioner when the pensioner ceases to work or his earnings are reduced to below the threshold laid down in paragraph 1.

ARTICLE 6
Duration of invalidity pension and retirement pension

The invalidity pension shall be suspended for a period of not less than three months and not more than two years.

If the invalidity pension has been dormant, it must be paid at least one month before it can be left to rest. (13/03/98)

If a disability pension is not required under this Act to be repayable within two years of the lodging of a rest period, the invalidity pension shall be abolished, including its rest.

§ 7
An operational pension institution

The decision on the lodging and winding up of the invalidity pension and the decision to grant an invalidity pension shall be taken by the pension institution which granted the invalidity pension.

§ 8
Payment of disability benefits during the rest of the pension

Where a person has received an invalidity pension as referred to in Article 4 or 5 immediately prior to a disability pension (1920/2007) In accordance with Article 8 (2) (3) of that Law shall be awarded to the disabled person during the period of suspension of the payment of the pension. However, the disability allowance is not paid for a retroactive period if the invalidity pension is retroactive at the initiative of the pension institution. Disabled persons shall pay a pension for the period of rest of the pension.

§ 9
Rehab of occupational pension

The pension is reduced by 1.5 % of the annual earnings on the basis of the pension which the pensioner earns at a time when the disability pension under the pension scheme or the National Pensions Act is dormant. The pension is also reduced by 1.5 % of the annual earnings on the basis of the pension which the pensioner earns for receiving an invalidity pension.

In the circumstances referred to in paragraph 1 of this Article, a person who is entitled to a special rate of reduction on the basis of Article 65 of the Seamen's Pensions Act, is entitled to a pension of 1,6 % of the pensionable age on the basis of the pension under the seamen's pension scheme.

A person shall be entitled to an old-age pension on the basis of his work in the course of his disability pension when his invalidity pension is converted into an old-age pension if he is no longer in the employment relationship of which he or she is employed. Is moving towards retirement pension. If you work at the end of an invalidity pension, you are entitled to a pension which is covered by this work when you are awarded an old age pension, an old age pension or a deferred old-age pension. A person shall be entitled to a pension at the time of his invalidity pension under the Labour Pensions Act or at the end of that period, even if he is awarded a new pension after the end of the previous invalidity pension. Invalidity pension, which does not apply in respect of which occupational pension schemes provide for the determination of a pension on the basis of the same criteria.

ARTICLE 10
Impact of retirement pension on the pension of the pensioner

If the person concerned is immediately entitled to an invalidity pension under the Law on the Housing of the pensioner, (171/2007) , payment of housing allowance shall be continued for as long as the conditions for entitlement to housing allowance are otherwise satisfied, even if the invalidity pension is not paid during the rest of the pension.

Even if the invalidity pension is abolished on the basis of Article 6 (3), the pension is not adjusted retrospectively.

Article 10a (12/122014/1051)
Indexisdicity

The amounts of the threshold laid down in Articles 3 to 5 shall be linked to changes in the price level, as laid down in the Act on National Pensions (2003) Provides.

The amounts in this Act correspond to the scoring of the National Pensions Act, according to which the size of the national pensions in January 2011 has been calculated.

ARTICLE 11
Applicable provisions

Subject to this law, the implementation of the law shall also apply to the provisions of Article 2 of the Act on the Pensions Act, the National Pensions Act, the Act on Disability Benefits and the Law on the Housing of the pensioner.

ARTICLE 12
Entry into force

This Act shall enter into force on 1 January 2010 and shall expire on 31 December 2016. (13/03/98)

This law shall apply to the invalidity pension, which is left to rest when the law is in force.

This law shall not apply to Article 17 of the National Pensions Act or to the repealed National Pensions Act (347/1956) On disability pensions, on the basis of a rest.

Before the law enters into force, measures may be taken to implement the law.

THEY 72/2009 , StVM 23/2009, EV 105/2009

Entry into force and application of amending acts:

20.8.2010/715

This Act shall enter into force on 1 March 2011 and shall expire on 31 December 2013.

THEY 50/2010 , StVM 10/2010, EV 86/2010

21.12.2010/11:

This Act shall enter into force on 1 March 2011 and shall expire on 31 December 2013.

Before the law enters into force, measures may be taken to implement the law.

THEY 255/2010 , StVM 39/2010, EV 238/2010

13.12.2013/98:

This Act shall enter into force on 1 January 2014.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 131/2013 , StVM 16/2013, EV 131/2013

12.12.2014/1051:

This Act shall enter into force on 1 January 2015.

However, the law shall apply from 1 January 2014.

THEY 203/2014 , StVM 19/2014, EV 159/2014