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The Law Of The Athlete's Injury And Retirement Security

Original Language Title: Laki urheilijan tapaturma- ja eläketurvasta

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Law on an athlete's accident and pension cover

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Obligation to be insured

If it has been agreed between an athlete and a sports club in Finland or other sporting activities in Finland, that an athlete receives, essentially, a tax paid in Finland for a year or a year At a shorter period of time, at least eur 9 600, the sports club or any other entity pursuing a sporting activity shall arrange for the sportsman to provide security in accordance with this law in the event of an accident or old age within the meaning of this Act, until: The athlete turns 43 years. When assessing the obligation to be insured, account shall be taken of all wages payable on the basis of contracts for the same period or year.

ARTICLE 2
Accident

Accident means injury or disease caused by sudden, unexpected external factors and the ensuing death.

According to this law, an accident is replaced by an athlete before he reaches the age of 43 in the circumstances of the species:

(1) in the event of a game or sport;

(2) in a controlled, supervised or internship programme;

(3) when the athlete is moving from his apartment or accommodation to a contest, game or internship or back;

(4) for game, competition or exercise trips in operation under the travel programme;

(5) when acting as a representative of a sports career or any other sporting activity within the meaning of Article 1, acting as a representative of a club or entity in a representative event or on the way to such an event or return.

The accident shall also be replaced by an accident involving an individual movement without a sudden onset of muscle or tensile. However, compensation shall not be paid if the disease is caused by a disease, most likely due to an earlier injury or a deterioration of tissue due to other causes, or to tissue damage which requires an accident.

ARTICLE 3
Compensation for accidents

On the basis of the accident, compensation for rehabilitation costs, accident pension, survivor's pension, cemeteries, medical assistance, nursing care, crest, reimbursement of household expenses and compensation for medical care costs are paid. (24/05/483)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

On the basis of the accident, compensation for rehabilitation costs, accident pension, survivor's pension, cemeteries, handicap payments, handicap and claims are paid, compensation for the costs of maintenance of the guide dog, compensation for household expenses, and Reimbursement of medical expenses.

Compensation shall be paid on the basis of the condition referred to in Article 2 (3) for a period not exceeding six weeks from the accident.

The right to compensation for an athlete, in so far as compensation is not paid under this Act, shall be determined by the sickness insurance institution (1224/2004) Included.

§ 4
Accident pension

The accident pension is paid:

(1) to an athlete who, due to an injury to the accident or the treatment of an illness, is unable to acquire any gainful income within the meaning of Article 1 or 15;

(2) a sportsman who, after the treatment referred to in paragraph 1, is permanently incapable of continuing with his or her professional rehabilitation under this law for the purpose of rehabilitising him or her in another employment or occupation, May receive the main income;

(3) the sportsman whose vocational rehabilitation referred to in paragraph 2 has been completed.

On the basis of the first subparagraph, a disability pension will be paid for a maximum period of five years after the maximum period for sickness benefit under the Health Insurance Act.

In the case of an accident pension due under paragraph 1 (3), the annual work on which the pension is based shall be deducted from the income earned by the athlete following the rehabilitation of the athlete, at least the amount of the earned income corresponding to the post-rehabilitation period. The level of earnings in the work or occupation of the rehabilitation service.

§ 5
Accident pension after rehabilitation

If, in accordance with this law, the rehabilitation of an athlete is interrupted by reason of an injury or illness, or any other fault comparable to that of the athlete, the sportsman's right to vocational rehabilitation and to Article 4 (1) (2) and (3), Until such time as the period laid down in Article 4 (2) is fulfilled. The period of suspension referred to above, which is due to non-replaceable incapacity or work incapacity, shall not be counted for a period of five years.

ARTICLE 6
Accident pension for permanent incapacity for work

The sportsman is entitled to an accident pension if he or she has been permanently incapable of carrying out the age of 43, as a result of an accident or illness caused by an accident, to continue with the sports and the earning capacity referred to in Article 1 or 15. That other work has been permanently impaired by at least three fifths of the estimated annual earnings on the basis of this law.

When assessing the impairment of working capacity, account shall be taken of the remaining ability of the athlete to generate earned income through the work available to which he can reasonably be required to perform. In this case, consideration shall also be given to the training of the sportsman, the previous activity, age, residence and other similar considerations.

The payment of the accident pension is conditional on the rehabilitation of the sportsman's pension.

The pension is paid not earlier than the maximum period for sickness benefit under the Health Insurance Act and up to the limit of 65 years.

§ 7 (24/05/483)
Number of the accident pension

The amount of the accident pension is equal to 85 % of the annual work referred to in Articles 11 and 15 of the athlete, in addition to the provisions of Article 4 (3).

L to 25/2015 Article 7 shall enter into force on 1 January 2016. The previous wording reads:

§ 7
Number of the accident pension

The amount of the accident pension is equal to 85 % of the annual work of the athlete, in addition to the provisions of Article 4 (3).

§ 8
Compensation for medical and medical rehabilitation

In order to compensate for the injury caused by the accident or the treatment of the disease, the accident at work and the occupational disease (459/2015) With the exception of Articles 48 and 49 of that Law. (24/05/483)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

Compensation for the treatment of injury or illness caused by accident insurance, as in the case of accident insurance Articles 15, 15a and 15b (608/1948) Provides. In addition, the costs of the investigation of the suspected injury to the suspect, as provided for in Article 14 (4) of that law, are replaced. In accordance with this law, the necessary and reasonable costs of medical rehabilitation are reimbursed in accordance with the provisions of the Law on Rehabilitation and Rehabilitation Article 7 (625/1991) Provides.

Articles 40 to 42 of the occupational accident and occupational disease are excluded from the treatment of permanent incapacity for work within the meaning of this Act. (24/05/483)

L to 25/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

The treatment of an injury or illness caused by permanent incapacity for work within the meaning of this Act shall be replaced by unnecessary costs, without endangering the health of the athlete, as provided for in Article 15a of the Insurance Act.

However, the compensation provided for in paragraphs 1 and 2 shall not be paid after an athlete's entitlement to an accident pension has been terminated due to the fulfilment of the period laid down in Article 4 (2) or Article 6 (4).

§ 9 (24/05/483)
Adverse money, treatment support, horizontal and household expenses

In accordance with Articles 83 to 86 and 87 (1), (3) and (4) of the occupational disease and occupational diseases, the allowance is paid to an athlete who suffers from a disability caused by an accident or a permanent illness.

In accordance with Article 51 of the Rules of Procedure of the Court of Justice of the European Union, Article 52 of the Rules of Procedure of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Court of Justice of the European Parliament and of the Council of the European Parliament and of the Council on the application of the principle of equal treatment for men and women

No payment shall be made and the claim shall not be paid after the sportsman's entitlement to an accident pension has been completed in accordance with Article 4 (2) or Article 6 (4) of this Law.

L to 25/2015 Article 9 enters into force on 1 January 2016. The previous wording reads:

§ 9
Adverse money, handicap and scale, reimbursement of household costs and compensation for the maintenance of a guide dog

In accordance with Article 16 (2), Articles 18a to 18d and Articles 18e (1) and (3) to (5) of Article 18e of the Insurance Act, the allowance is paid to an athlete who suffers from a disability caused by an accident or a permanent illness. (30.4.2010/308)

Adverse reactions are paid to a sportsman who, in the event of an accident or illness caused by an accident, has become so helpless that he cannot get along without the help of another person or who is otherwise responsible for the treatment of an injury or illness Exceptional harm. The ADRs shall apply as provided for in Article 20 of the accident insurance law.

Vnobleman shall be paid to the sportsman for the special wear of a member of the accident caused by the accident or caused by the illness, other aids or long-term use of the dressing or dressing. The title of Article 20a of the accident insurance law shall apply to Vnobis.

In accordance with Article 20b of the Insurance Act, reimbursement of household costs may be paid to an athlete who, due to an accident or illness, is unable to deal with his home.

The cost of maintenance of a guide dog due to an injury or disease caused by the accident or disease is paid to the sportsman. The compensation is determined by the provisions of Article 20a (4) of the Insurance Act.

The costs incurred in connection with the maintenance of a guide dog for the maintenance of a guide dog shall not be paid after the age of the sportsman's entitlement to an accident pension has been completed in accordance with Article 4 (2) or Article 6 (4).

§ 9a (24/05/483)
Supplementary allowance

The replacement of a permanent general application shall also apply to the accident insurance law (608/1948) in Article 18f Provides.

ARTICLE 10 (24/05/483)
Family pension and funeral assistance

A survivor's pension is paid for a maximum of 10 years following the death of an athlete in the event of an accident. The survivor's pension is based on the annual work referred to in Articles 11 and 15. Unless otherwise provided for in this Act, the survivor's pension shall otherwise be subject to the provisions of Articles 99 to 108 of the occupational accident and occupational disease.

The funeral costs and the reimbursement of the costs of transport of the deceased are paid for the death of an athlete as a result of the accident, as provided for in Article 109 of the occupational accident and occupational disease.

L to 25/2015 Article 10 enters into force on 1 January 2016. The previous wording reads:

ARTICLE 10
Family pension and funeral assistance

A survivor's pension is paid for a maximum of 10 years following the death of an athlete in the event of an accident. The survivor's pension is based on the annual work carried out under this Act. Unless otherwise provided for in this Act, the survivor's pension is otherwise in force, as provided for in Article 16 (1) (3) and Articles 23, 23a, 23a, 24 and 24c of the Insurance Act.

The funeral assistance shall be paid for the death of an athlete resulting from the accident as provided for in Article 16 (3) and (4) and Article 25 of the Insurance Act.

ARTICLE 11
Annual work

The annual work of the athlete referred to in Article 1 shall be considered to be the salary for the year in the contract in force in the event of an accident or the period in which the accident occurred. In addition, the annual work is calculated on the basis of the salary received by the sportsman for the same year or for the duration of the contract prior to the agreement. However, the annual work may not exceed eur 100 000.

By way of derogation from paragraph 1, an accident pension for the period of permanent invalidity provided for in Article 6 shall be based on the annual work of eur 30 000.

ARTICLE 12
Vocational rehabilitation

The sportsman who, in accordance with Article 4 (1) (2), is unable to continue in accordance with this law, shall be replaced by professional rehabilitation as a result of the measures referred to in Article 89 of the occupational accident and occupational disease; Reasonable costs. (24/05/483)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

In accordance with Article 4 (1) (2), the sportsman who is unable to continue the sport in accordance with this Act shall be replaced by a professional rehabilitation in accordance with Article 6 of the Law on Rehabilitation to be replaced by the Insurance Act. The necessary and reasonable cost of the measures.

In assessing the need for vocational rehabilitation, consideration shall be given to the age of the athlete, occupation, previous activity, training, integration into the world of work and the likelihood of vocational rehabilitation leading to the health status of the athlete. For a job that would allow him to support himself.

ARTICLE 13
Absorption of premium

The insurance premium under this law must be proportionate to the cost of the insurance, taking into account the risk of an accident caused by the type concerned.

ARTICLE 14
Old age security

Old age insurance covers an old-age pension, payable from the date on which the athlete reaches the age of 65. The protection of the elderly is provided by an insurance company which has an insurance company law (18/0/2008) And the Law on Foreign Insurance Companies (398/1995) In Finland, the right to grant insurance classes in Finland (526/2008), Shall be covered by insurance category 1. For the purpose of insurance, an insurance undertaking shall make an insurance contribution of 4,5 % of the salary referred to in Article 1 of this Act or the result referred to in Article 15.

If the policyholder, as referred to in Article 1, declares that an athlete is no longer covered by it, the pension is transferred to the oldage pension and the fund accumulated by the sportsman and becomes a free book as a valid individual As pension insurance, without the right to repurchase.

§ 15
Voluntary insurance

If an athlete who does not have a contract within the meaning of Article 1 receives a taxable income of at least eur 9 600 per year in Finland of at least eur 9 600, he shall be entitled to the protection provided for in this law for the accident and In case of old age. The pension payable for such an accident shall be based on the annual work between the policyholder and the insurer, which shall be responsible for the continued taxable income of the athlete's sport. The annual work to be taken into account may not exceed the amount provided for in Article 11 (1). However, the pension payable on the basis of permanent invalidity is based on the annual work provided for in Article 11 (2).

If, for the purposes of sports already covered by this law, a new declaration under this law is taken, the duration of the previous insurance shall expire upon entry into force of the new insurance.

ARTICLE 16
Organisation and handling of accident insurance

Save as otherwise provided in this Act, the case relating to the accident rate in accordance with this Act shall be applicable, as provided for in Part IV of the occupational accident and occupational disease, with the exception of the provision of benefits under Article 114 To the Board of Appeal of the Court of Appeal. In addition, the provisions of Part IX of the said Act shall apply to the provision of information, access and confidentiality, the free flow of information, reimbursement of health information, the verification of amounts and allowances by means of occupational pensions, and By the wage factor, the rounding of the amounts, the right of recourse to the insurance institution, the right of the insurance institution to recover the full cost charge paid by the insurance institution, aesthetics, storage of documents and transfer and The exit ban. (24/05/483)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

Unless otherwise provided for in this Act, in the case of an accident in accordance with this Act, the employer's entitlement to a pension corresponding to the salary of the sickness period, the granting of insurance under this Act, the lapse of insurance, the transfer of insurance In the event of the bankruptcy of the policyholder, the notification of the guarantees, the commencement of the insurer's liability, the provision of the information required for the premium, the increase in the premium and the ageing of the insurer, the cessation of the insurance In the event of the bankruptcy of the insurer, the increase in compensation On the issue of readmission, the reduction of the benefits under this Act, the transfer of compensation and the forecluse, the right to information, the right and the obligation to provide information, the confidentiality of information and the technical In accordance with Article 26, Article 32 (5) and (6), 32 (a), (33), (33), (33), (33), (38), (61), (61), (61), (61), (61), (61), (61), (61), (61), (61), (61), (61), (61), (62), (63), (63) and (64), (64), (64), (64), ( In addition, the application of the accident compensation, the handling of the case, the payment and the imposition of the compensation and the adoption of the decision shall be valid, save as otherwise provided in this Act, which is provided for in Chapter 4 of the accident insurance law, with the exception of Article 43.

Articles 157 (2) and (3) and Articles 159, 160, 163, 165 and 172-176 of the occupational accident and sickness insurance premium shall also apply to the insurance cover and to the insurance provided for in this Act. The premium. (24/05/483)

L to 25/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

The recovery of the error in the decision, the reconsideration of the case and the recovery of the undue payment shall be in force as laid down in Articles 53g, 54 and 54b of the accident insurance law. Article 55 of the Accident Insurance Act provides for penalties for infringements of the obligation to provide information under the accident insurance law and an infringement of an employer's obligation under the Insurance Act, Article 1 of this Act. Of a sports club or other sporting community, as referred to in this Act, and of any sportsman. (30.12.2010/1324)

The accident rate in accordance with this law is provided by an insurance company which is entitled to an insurance company which, under the Insurance Companies Act and the Law on Foreign Insurance Companies, is entitled to grant in Finland Article 2 of the Law on Insurance Classes Insurance class 1 insurance.

The insurance company is entitled to receive, for the purposes of this Act, the granting of an accident insurance scheme and the amount of the premium for the purpose of assessing the amount of the premium, by the insurance company from the insurance company, on the basis of Article 18 (2) of this Law. Of the insured sportspersons, the number of accidents and the three years preceding the year or season preceding the compensation paid. (24/05/483)

L to 25/2015 The amended paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

The insurance company shall be entitled to receive, for the purposes of this Act, an accident insurance scheme and the amount of the premium for the assessment of the amount of the premium, the species-specific information received by the Association of the Associate of Insurance Associations under Article 18 (2). By law, for sportsmen and women insured, the number of damages and the compensation paid during the three years preceding the season or season.

§ 17
Monetary adjustment

The amounts of the allowances provided for in Articles 9 and 10 shall be adjusted and rounded off each calendar year as provided for in Articles 268 and 269 of the Act on accidents at work and occupational diseases. (24/05/483)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The amounts relating to the allowances provided for in Article 9 (1) to (3) and (5) and Article 10 shall be adjusted and rounded off each calendar year as provided for in Article 60 (1) of the Insurance Act.

The amounts provided for in Articles 1 and 11 and Article 15 (1) shall be adjusted each calendar year in respect of the worker's pension (395/2006) in Article 96 And shall be rounded up to the nearest ten euro.

The survivor's pension as provided for in Article 6 and the survivor's pension as provided for in Article 10 shall be adjusted each calendar year by means of occupational pension schemes referred to in Article 98 of the Pensions Act, but not more than 4 % per calendar year.

ARTICLE 18
Tasks of the Association of Accident Insurance Institutions and the Insurance Institution

The Association of Accident Insurance Institutions shall ensure the monitoring and general supervision of insurance and keep a register of athletes and policyholders insured under this law. By the end of March, the Association of Accident Insurance Institutions shall submit a report to the Ministry of Social Affairs and Health on the implementation of the insurance cover under this Act. The Association of Accident Insurance Institutions shall also carry out other tasks assigned to it under this law.

The insurance institution shall submit, by the end of February each year, the information necessary for the performance of the functions of the Accident Insurance Institutions for the purpose of performing the tasks set out in paragraph 1, for insurance and for damages under this Act. The insurance institution shall also provide once a year and, where appropriate, to the sportsman, where appropriate, an explanation of this insurance cover. The insurance institution shall immediately inform the sportsman of any failure to pay an insurance premium which prevents the continuation of the protection under this law.

The insurance institution shall report annually, no later than one month after the date of commencement of the sport's game or competition, for the purposes laid down in Article 19 of the Association for the exercise of the sports association and other sporting activities of the sports association The commencement of insurance under this law. The notification shall be accompanied by the consent of the sportsmen and women of the insured person's name and identity. Similarly, the insurance institution shall notify the association of the beginning of the insurance period and the end of the season. The notification shall then be made without delay and no later than one month after the start of the insurance or the termination of the declaration or termination of the insurance without notice.

§ 19
Responsibility of the sports association and the sports career

The sports association or any other entity in charge of competition shall ensure that sports clubs and other sporting bodies involved in competitive activities are organised in accordance with this law Insurance cover. To this end, the entity responsible for sorting or other competition shall be entitled to obtain from the register of the Association of Accident Insurance Institutions the information on the sportspersons covered by this law who are insured under this law.

The sports association and any other entity engaged in sports activities shall declare the number of athletes covered by this law to the relevant species association each year. The species shall submit this information to the Association of Accident Insurance Institutions for the purpose of paragraph 1 by the end of February each year.

§ 20
Liability for non-compliance

In the event of failure to fulfil an obligation under Article 1, the sports club or any other entity engaged in sports activities shall be obliged to pay the sportsman for failure to act in accordance with this law.

ARTICLE 21 (24/05/483)
Non-insurance premium

However, in the event of a dismissal by the insurance institution for failure to pay an insurance premium, the insurance cover shall continue for at least one month after the insurance institution has sent a written declaration to the sportsman after the end of the insurance period.

L to 25/2015 Article 21 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 21
Non-payment of premium and recovery

However, in the event of a dismissal by the insurance institution for failure to pay an insurance premium, the insurance cover shall continue for at least one month after the insurance institution has sent a written declaration to the sportsman after the end of the insurance period.

The payment of insurance under this Act with interest in late payment may be collected through enforcement actions without a judgment or decision, as laid down in the Law on the implementation of taxes and charges. (20/2007) Provides.

§ 22
Notification of information and processing of personal data

The sportsperson referred to in Article 1 shall be required to inform the Community of sports or other sporting activities within the meaning of that law of the information necessary for the assessment of an insurance obligation under this law. In accordance with its previous agreements on the same year or season.

Processing of the information obtained pursuant to paragraph 1 shall be valid, in the case of personal data law (523/1999) And the Act on the protection of privacy in employment (759/2004) Provides.

ARTICLE 23 (24/05/483)
Appeals, redress procedures and recovery

The provisions of Part VIII of the accident at work and occupational diseases provided for in Part VIII of the Occupational Dispute Act, the procedures for correction, the removal of the decision and the recovery of the decision shall also apply to the matter relating to the accident rate under this Act.

L to 25/2015 Article 23 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 23 (30.12.2010/1324)
Appeals appeal

In the event of an accident or an appeal against an accident in accordance with this law, and the withdrawal of the final decision, the provisions of Articles 53, 53 to 53 (f), 54a and 54c of the accident insurance law and the review board of the Accident Insurance Board Of the law (13/0/2010) Provides.

§ 24
Application of insurance contract law

Insurance contract law applies to the insurance referred to in Article 14 of this Law. (543/1994) Unless otherwise provided for in this Act.

ARTICLE 25
Procedure for opinions

If there is any doubt as to whether the insurance complies with the conditions laid down in this Act, the Association of Accident Insurance Institutions shall issue an opinion on the application.

§ 26
Entry into force

This Act shall enter into force on 1 May 2009.

This law repeals the Law of 16 June 2000 on the accident and pension provision of athletes (1999) With its subsequent modifications.

The provisions in force before the entry into force of this Act shall apply before the entry into force of this Act.

Where other law refers to the law on the accident and pension provision of sportsmen and sportsmen, this law applies instead.

THEY 22/2009 , StVM 7/2009, EV 31/2009

Entry into force and application of amending acts:

30.4.2010/308:

This Act shall enter into force on 1 May 2010.

Before the date of entry into force of this Act, the law amending the Act amending the accident insurance law shall apply to the (1639/2009) Articles 16 (2), 18a and 18b (1) and (3) to (5) of the Accident Insurance Act entered into force upon entry into force.

THEY 14/2010 StVM 5/2010, EV 35/2010

30.12.2010/1324

This Act shall enter into force on 1 January 2011.

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

24.4.2015/483:

This Act shall enter into force on 1 January 2016. However, Article 9a will enter into force on 1 May 2015.

THEY 277/2014 , StVM 49/2014, TyVL 18/2014, EV 315/2014