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Parliament Act No. 20 Of 23 November 2015 Retirement

Original Language Title: Inatsisartutlov nr. 20 af 23. november 2015 om alderspension

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Parliament Act no. 20 of 23 November 2015 retirement

Modified repeals, hovedlov replaces information

Aside
Home Rule Executive Order no. 14 of 27 June 2007 on retirement
Landsting Regulation no. 3 of 7 May 2007 on retirement

Modified by
Parliament Act no. 24 of 7 December 2015 amending the Parliament Act no. 20 of 23 November 2015 retirement
(The calculation of the income basis in accordance with § 5, paragraph. 2 and in the regulation of pension supplement excluding retirement and pension under the Nordic Convention on social security.)

Hovedlov to
Self-Government Order no. 21 of 29 December 2015 retirement

Chapter 1
General conditions etc.
§ 1. The retirement age is 65 years, see. However paragraph. 2-4.

PCS. 2. The retirement age is increased to 66 years from 1 January 2017. However, the local council may upon application determine that the retirement age only increased to 66 years from 1 January 2021 for a person who is worn out after at least 35 years of hard physical or mental work .

PCS. 3. The retirement age is increased to 67 years from 1 January 2021. However, the local council may upon application determine that the retirement age only increased to 67 years from 1 January 2025 for a person who is worn out after at least 35 years of hard physical or mental work .

PCS. 4. The Government shall determine the deferred increase in retirement age in accordance with paragraph. 2 and 3.

PCS. 5. Persons who have already been awarded a retirement pension, does not lose it, even if paragraph. 2-3 could mean that they no longer meet the age requirement for the award of old-age pension.
§ 2. The right to age pension is conditional upon the applicant has Danish nationality.

PCS. 2. The requirement of Danish citizenship under subsection. 1 does not apply:

1) persons covered by the Nordic Convention on Social Security, or

2) persons who have permanent residency in Greenland at least 3 years immediately preceding the date of application.
PCS. 3. Where an application for a retirement pension after the date of retirement age, the residency requirement have been met that year, the applicant was entitled to a retirement pension.
§ 3. The right to age pension is conditional on the applicant having a permanent residence in Greenland, in one of the other Nordic countries or in a country which has acceded to the EEA Agreement.
§ 4. The right to age pension is conditional on at least 3 years of permanent residence in Greenland, Denmark or the Faroe Islands between age 15 and retirement age.
§ 5. As a partner considered by this Parliament Act a person age pensioner is married, has entered into a registered partnership with, or living in a conjugal relationship that has lasted for at least 1 year.

PCS. 2. Retirement pensioners who live in a relationship with a person who is not entitled to a pension, receive pension equal to the rate for a single age pensioner if the pensioner and the partner has an annual total current income of less than kr. 200,000. The pension supplement is reduced by 53 per cent. the pensioner's and partner's income base less kr. 83,000.

PCS. 3. If the partner permanently moved to a social welfare institution was considered age pensioner as a single person.

Chapter 2
The allocation and vesting

The award of retirement pension
§ 6. Old-age pension may be awarded from the 1st of the month following that applied for retirement pension and the conditions for receiving old-age pension are met.
PCS. 2. If you apply for a retirement pension after the date of eligibility for retirement or old-age pension is awarded from the 1st of the month following the filing date.

PCS. 3. Persons receiving disability, passes to retirement resignation when they reach retirement age after the Parliament Act.
Earning

§ 7. The right to age pension is conditional on at least 40 years of permanent residence in Greenland, Denmark or the Faroe Islands between age 15 and retirement age.

PCS. 2. Is the condition for full retirement pension under subsection. 1 is not met, set the retirement pension for the relationship between residence time, rounded down to full years and 40 years.

Chapter 3
Pension amount
§ 8. Old-age pension consists of a basic amount and a pension supplement.
§ 9. retirement pension basic forms annually up to kr. 59,900.
PCS. 2. basic retirement pensions reduced if alderspensionistens annual total current income except for retirement and pension under the Nordic Convention on Social Security, exceeding kr. 221,111.

PCS. 3. basic retirement pensions reduced by 50 per cent. of the income basis, see. paragraph. 2, less kr. 221,111.

§ 10. Pension allowance is annually up to kr. 74,300 for a single person and up to kr. 41,300 for an age pensioner with a partner, see. § 5.

PCS. 2. The pension supplement is reduced if age pensioner and his local partner's annual total current income, less disability and retirement pensions and the pension paid under the Nordic Convention on Social Security, exceeds:

1) kr. 56,000 for a single age pensioner.

2) kr. 83,000 for an age pensioner with a partner, see. § 5.

PCS. 3. The pension supplement is reduced by 45 per cent. of the income basis, see. paragraph. 2, less kr. 56,000 for a single age pensioner and by 30 per cent. of revenues net of kr. 83,000 for an age pensioner with a partner, see. § 5.
§ 11. The in §§ 9-10 shall be adjusted on the basis of the Statistics Greenland total adjustment index. The basic amount and the pension supplement is adjusted with it within the last 12 months calculated change in the regulating price index of 1 July. The adjustment is made once a year, valid from the following 1 January.
PCS. 2. The Government shall publish the adjusted amounts each year on January 1

Chapter 4
Annual adjustment of retirement
§ 12. Payment of retirement pension is adjusted every 1 January,. §§ 9-11.

PCS. 2. The granting of old age pension and significant changes in the total current income is calculated retirement pension based on the expected total current income. The regulation will take effect from the 1st of the month after the change occurs.

Chapter 5
Stay away from their homes at the institution, etc..
§ 13. Payment of retirement happens unchanged when age pensioners temporarily staying outside the home of institution where the government bears the cost, and age pensioner has parental responsibilities or costs of their own home.

PCS. 2. alderspensionistens long stay away from their homes at the institution where the government bears the cost, paid retirement pension unchanged move month and subsequent month and then by 46 per cent. of the basic amount. Payment of any pension ceases after moving month and subsequent month.
PCS. 3. The age pensioner residence under. Paragraph. 1 and 2, can receive economic-or disability and health allowances. The right of any child allowance unchanged.

PCS. 4. Payment of retirement pension be resumed from the 1st of the month in which the age pensioner no longer staying away from their homes, see. Paragraph. 2.

PCS. 5. The Government shall lay down detailed rules on netting in retirement and the payment of retirement by staying away from their homes at the institution, etc.., And the co-payment for stays of social residential institutions, because of their own income.

Chapter 6
Additional
Child supplement
§ 14. For age pensioners who have dependent children under 18, paid for each child a child allowance. The supplement is paid, whether dependents shall be met through direct provision or payment of alimony.

PCS. 2. Where, maintenance obligation by paying alimony paid child allowance directly to the person who is entitled to receive the contribution.

PCS. 3. Child supplement can not be paid directly to a child.

PCS. 4. Child allowance is paid a monthly amount corresponding to the normal contribution set annually in the Finance Act, see. However paragraph. 6
PCS. 5. If both parents age pensioners paid 1 child allowance per. child for every age pensioner.
PCS. 6. If an old age pensioner obliged to pay maintenance to a child, paid child allowance semi-annually unless agreed or another payment period. Owed for a shorter or longer period than the six-monthly payment will the child supplement 1 time for this period.
PCS. 7. Drill a child by someone other than age pensioner, and are age pensioner is required to pay maintenance for the child, paid child allowance to the person who is entitled to receive the contribution.

PCS. 8. Child allowance is paid not to the age pensioner who are resident outside Greenland.
§ 15. Child supplement lapse when one or more of the following criteria are met:

1) The child is placed in care under Landsting Regulations on Assistance to Children and Young or dependent is moreover entirely by the public.

2) The child receives training, including practical training support, according to the rules.

3) The child even get a maintenance liability for a spouse, registered partner or child.


Disability and health allowances
§ 16. Disability and health allowance can be awarded to the following types of expenses:

1) Help for age pensioners who, because of excessive mental or physical disability in need of special services, in accordance with the rights Landsting Regulation no. 7 of 3 November 1994 on assistance to people with severe disabilities.

2) Significant expenses as a result of health care needs, including the purchase of glasses.

PCS. 2. Disability and health allowance is not paid to an old age pensioner, who live permanently outside Greenland.

Economic-and available certain supplementary
§ 17. Economic allowance is payable to an old age pensioner if his financial situation is particularly difficult, or if there is a risk that the age pensioner will get in serious economic distress.
Paragraph 2. Reimbursement of financial allowance, in. Paragraph. 1 may be required if:

1) provide financial supplement because of reckless finances, or

2) age pensioner who has received financial allowance is subsequently paid an amount covering the same period and the same purpose as it later paid allowances.

PCS. 3. Repayment of a financial allowance may only be required if age pensioner for the grant of the supplement is given a repayment.

PCS. 4. In addition to financial allowance may be granted provided certain ups on the basis of municipal minimum limits for age pensioners' disposable income after payment of fixed expenses.

PCS. 5. ECONOMICALLY and available certain supplement is not payable to a retirement pensioner resident outside Greenland.

PCS. 6. Age Pensioners see. Paragraph. 1 entitled to 1 annually to cover travel expenses to attend the funeral in Greenland outside his home town in case of a close relative's death.

PCS. 7. The Government shall lay down rules on economic-and available certain supplements, including the calculation of disposable income.

Chapter 7
Unpaid home
§ 18. The municipal council charged with referring age pensioner to free home, if home care is necessary for that age pensioner can remain in their own homes.

PCS. 2. The Greenland Government may lay down rules on home help for old-age pensioners

Chapter 8
administration
§ 19. Application for retirement pension and any additions submitted by residents of Greenland to the local council.

PCS. 2. Application for retirement pension and any additions submitted by persons residing outside the municipal division of the Greenland Government.

PCS. 3. Application for a pension under the Nordic Convention on Social Security submitted to the Greenland Government.

PCS. 4. The municipal council may travel and decide cases on the granting of retirement pensions and the supplements to someone who does not even have applied for it.

Chapter 9
Information and control duty
§ 20. A receives a retirement pension and any supplements are required to notify the local council about changes in matters of importance for entitlement to retirement pension and any supplements or regulation thereof. Retirement pension and any additional living outside the municipal division has a duty to inform the Greenland Government.

PCS. 2. Is wrongly receive a retirement pension or any additions because of incorrect information about personal or financial circumstances, and knew or should have an age pensioner told that he was not entitled to the amount received, it unjustified amount recovered, or can be made offset against current retirement pension payments and any supplements.
§ 21. The municipal council is obliged to monitor the payment of retirement pensions and any supplements.

Chapter 10
payment
§ 22. Age Pension and any supplements paid monthly in advance.
§ 23. When the local authority considers that an old age pensioner can not perform its economy, the local council may decide on the administration of his retirement pension and any supplements.
PCS. 2. Such a decision under subsection. 1 implies that the municipal council may determine individual payment terms derogating from the usual rules and practices in order to ensure that age pensioner at any time cover its fixed costs and preserve adequate funds to sustain life.

§ 24. If the requirements for retirement is no longer met, stopped payment at the end of the following month. When moving from Greenland stopped payment, however, at the end of vacating the month, unless the conditions for continued age pension are met when moving to another Nordic country or a country that has acceded to the EEA Agreement.

PCS. 2. The payment of retirement pensions set from the first of the month following the expiration of three months from the age pensioner is missing and there is no evidence that age pensioner is alive.
PCS. 3. Age Pension lapse if, within one year from the time when the retirement pension is set, is evidence that age pensioner is alive.

PCS. 4. In connection with a alderspensionists death, paid the deceased's retirement pension of the deceased any partner in accordance with § 5, paragraph. 1 in 2 months after the end of the month in which the death occurred.

Chapter 11
outlays
§ 25. Age Pension and any supplements may only be subject to execution or other enforcement of debt to public authorities.

Chapter 12
Appeals
§ 26. Decisions of this Parliament Act may be appealed to the Social Appeals Board by the then applicable rules on the social services board and organization.

Chapter 13
Accounting and finance
§ 27. Expenses for retirement pensions and child allowances held by 90 per cent. of the Treasury and 10 per cent. by the municipality.

PCS. 2. Costs of financial allowance and disability and health allowances held by the municipality.

PCS. 3. Expenses for retirement pension and any supplements borne by the Treasury for age pensioners with permanent residence outside of the municipal division.

PCS. 4. Expenses for retirement pensions borne by the Treasury for pensioners resident outside Greenland, Denmark or the Faroe Islands.

PCS. 5. Expenses for administration of this Act shall be borne by the responsible authority.

PCS. 6. Expenses for municipal boarded home to an old age pensioner, see. § 18, are free for age pensioner and is borne by the municipality.
§ 28. The Greenland Government may lay down rules on municipal financial reporting and auditing.
§ 29. The municipal council shall, within one month after the end of a quarter and calendar year to the Greenland Government statistics on recipients of old-age pension in the municipality.

PCS. 2. The Government may lay down rules on the contents and form.
§ 30. The Greenland Government may withhold country cash funds to finance all or part of the in § 27 that expenditure if the local council does not comply with the rules laid down pursuant to §§ 28-29.

PCS. 2. A citizen's right to receive a benefit under the Parliament Act is not affected by the Greenland Government withholds land fund mentioned in paragraphs. 1.

Chapter 14
Effective
§ 31. The Greenland Parliament Act comes into force on 1 January 2016.

PCS. 2. At the same time Landsting Regulation no. 3 of 7 May 2007 on old-age pension as amended, and Government Decree no. 14 of 27 June 2007 on the age pension.

Greenland, November 23, 2015

Knud Kristiansen