Parliament Act no. 40 of 9 December 2015 early retirement

Modified repeals, hovedlov replaces information

Aside
Home Rule Executive Order no. 13 of 27 June 2007 on disability
Landsting Regulation no. 4 of 7 May 2007 on disability

Hovedlov to
Self-Government Order no. 15 of 30 June 2016 on disability

Chapter 1
General conditions etc.
§ 1. The right to early retirement is conditional upon the applicant has Danish nationality.

PCS. 2. This does not apply:

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

2) Persons who have permanent residency in Greenland for at least 3 years immediately preceding the date of application.
§ 2. The right to early retirement is conditional upon the applicant has a permanent residence in Greenland, in one of the other Nordic countries or in a country which has acceded to the EEA Agreement.
§ 3. The right to disability pension is conditional on at least 3 years of residence in Greenland, Denmark or the Faroe Islands between age 15 and the then-current retirement date.
§ 4. As a partner considered by this Parliament Act a person who disability 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. If the partner permanently moved to a social welfare institution was regarded early pensioner as a single person.

Chapter 2
The allocation and vesting
§ 5. Early retirement can be granted to persons who are 18 years but who have not yet earned the right to a retirement pension.
§ 6. Early retirement can be granted to persons whose working capacity is permanently reduced by physical or psychological reasons.
§ 7. The right to full disability pension is conditional upon the residence time respectively in Greenland, Denmark and the Faeroe Islands account for at least 5/6 of the residence time from age 15 to the date on which the disability pension is granted. Is the condition for full disability pension are not met, set the early retirement pension size for the relationship between residence time and 5/6 of the time from age 15 to the time when the early retirement pension is granted.

Chapter 3
Application for early retirement, clarification process and rehabilitation
§ 8. Prior to taking a decision on eligibility for a pension, all relevant options are examined to determine whether the applicant can recover additional working capacity, see. However, § 9 paragraph. 2.

PCS. 2. The applicant undergoes a clarification process. Clarification process must determine the applicant's resources, whether the applicant can recover all or any portion of the working capacity, by reviewing a rehabilitation process.

PCS. 3. If the local council in connection with the clarification process estimates that the working capacity can be developed through an individually planned rehabilitation process, the municipal administration decided and refers the applicant to a rehabilitation process.
PCS. 4. The Government may lay down detailed rules on consequences of absence from the meeting convened and lack of participation in the clarification process or rehabilitation process.
§ 9. Persons with temporary reduced work does not undergo a rehabilitation process when the clarification process shows that a rehabilitation process at the present time are futile and will not be able to improve exercise capacity.
PCS. 2. The rehabilitation process is omitted for persons where it is proven, or where on the basis of exceptional circumstances is obvious that he no work has not the potential capacity to develop employability.

Chapter 4
Anticipatory Complaints
§ 10. The Government shall establish an independent and centrally disability pension appeals board to handle complaints about work capacity assessment.

PCS. 2. The Government shall establish rules of procedure for early retirement Board of Appeal and the detailed rules for the Board's activities, service levels, dismissal of board members on the recommendation of the board's chairman before expiry of a period and rules on remuneration of the Board members.
§ 11. Early retirement Complaints Board comprises a chairman who is a lawyer, and two other members. Chairman and members appointed by the Minister for a period of 4 years. Anticipatory Complaints Board members should have a comprehensive knowledge of employment, social, health, educational and medical conditions. Anticipatory Board's members are appointed based on their personal and professional qualifications.

Chapter 5
Assessment and reassessment of work, documentation and decision
Assessment of working
§ 12. Applicant's work shall be assessed and determined as a percentage of full working capacity.


Reassessment of working
§ 13. Awarded a disability pension for persons under 60 years must be reviewed at least every 5 years.

PCS. 2. Payment of early retirement will remain unchanged if the review determines that the working capacity is unchanged and the criteria for being granted disability pensions are still met.

PCS. 3. If it is deemed that the person's capability is significantly changed, the disability pension is changed to a lower level respectively a higher level.

PCS. 4. If it is deemed that the person no longer meets the conditions for receiving disability pension, deprived of the awarded disability benefits.

PCS. 5. Reassessment of working waived, if the person is a person covered by the § 9 paragraph. 2, unless deemed possibility that workability can be recycled in whole or in part.

PCS. 6. The Government shall lay down rules on the definition of work and criteria for determining the percentage of working capacity, assessment and review of the working capacity.

Documentation and decision
§ 14. Assessment and review of work following §§ 12 and 13 are carried out by the local council after rehabilitation is complete, see. However, § 9.

PCS. 2. The municipal council shall decide on the basis of:

1) A statement describing the person's resources and challenges in education and employment, and outlines the possible initiatives municipal council has initiated in order to develop and increase the person's ability to work.

2) An explanation of why his work is considered permanently impaired.

PCS. 3. The Government may lay down rules governing the documentation.


Chapter 6

Pension amount
§ 15. Lowest disability pension awarded to applicants with a working capacity of 51 per cent. and 75 per cent.
PCS. 2. Lowest early retirement in accordance with paragraph. 1 represents a year up to 1/2 of the highest disability pension according to § 17 paragraph. 2.

PCS. 3. Early retirement pension be reduced if disability pensioner and his local partner's annual total current income, excluding early retirement, retirement and pension paid under the Nordic Convention on Social Security, exceeds 28.000 kr. Plus 1/2 of the highest disability pension according to § 17 paragraph. 2. The first kr. 100,000 of any partner's income is not included.
PCS. 4. Lowest early retirement reduced by 1/2 of the income basis under §§ 20 and 21, less kr. 28,000 plus 1/2 of the highest disability pension according to § 17 paragraph. 2.
§ 16. Middle disability pension awarded to applicants with a working capacity of 26 per cent. and 50 per cent.
PCS. 2. Mid early retirement in accordance with paragraph. 1 represents a year up to 2/3 of the highest disability pension according to § 17 paragraph. 2.
PCS. 3. Early retirement pension be reduced if disability pensioner and his local partner's annual total current income, excluding early retirement, retirement and pension paid under the Nordic Convention on Social Security, exceeding kr. 28,000 plus 1/3 of the highest disability pension according to § 17 paragraph. 2. The first kr. 100,000 of any partner's income is not included.
PCS. 4. Mid disability pension is reduced by 2/3 of the income basis under §§ 20 and 21, less kr. 28,000 plus 1/3 of the highest disability pension according to § 17 paragraph. 2.
§ 17. Maximum early retirement pension awarded to applicants with a working capacity between 0 and 25 per cent.

PCS. 2. Maximum pension entitlement under paragraph. 1 represents a year up to 110,664 kr.
PCS. 3. Early retirement pension be reduced if disability pensioner and his local partner's annual total current income, excluding early retirement, retirement and pension paid under the Nordic Convention on Social Security, exceeds 28.000 kr. The first kr. 100,000 of any partner's income is not included. At an income below kr. 400,000 may amount of pension is reduced to less than 20 per cent. the highest disability pension when the disability pensioner do not have their own income, subject to early retirement lapse at an income of kr. 400,000.
PCS. 4. Review of the working capacity be made if the recipient of the highest early retirement achieves an annual income from own work of 80,000 kr. The awarded highest disability pension freezes while working capacity reassessed.

PCS. 5. Maximum early retirement pension reduced by 100 per cent. of the income basis under §§ 20 and 21, less kr. 28,000.

§ 18. Early retirement pension amount, see. § 17 paragraph. 2 are regulated on the basis of the Statistics Greenland total adjustment index. Early retirement pension amount will be 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 every year on January 1st.
§ 19. Maximum early retirement pension in accordance with § 17, in special cases, for a transitional period until there is reasonable gainful employment, granted temporarily for a maximum of one year at a time, despite the fact that the pensioner's work does not justify the highest disability pension. This applies in particular situations where there are local reasonably gainful employment for the disability pension receives. The municipal council is committed to continuously explore ways to find or establish fair employment for the disability pension receives.

PCS. 2. The municipal council make referrals to employment when it is available. An early retiree is required to take against the boarded employment when boarded employment is reasonable.

PCS. 3. Appropriation of the highest disability pension lapses when the initial condition for granting the highest disability pension is no longer present or if the disability pensioner refuses boarded employment following paragraph. 2.

PCS. 4. The Government may lay down detailed rules for when directed employment is reasonable.

Chapter 7
Adjustment of the pension payment, etc.
Regulating the amount of pension
§ 20. Payment of early retirement is adjusted each January 1, see. §§ 15-18.

PCS. 2. Payment of early retirement is currently adjusted by significant changes in the total current income, cf.. §§ 15-17. The regulation will take effect from the 1st of the month after the change occurs.

PCS. 3. The granting of early retirement and significant changes in the total current income should disability pension is calculated based on the expected total current income.
§ 21. When a disability pensioner loses part of his income in connection with maternity leave, regulated early retirement payment period of leave.

Temporary stay at the institution etc.
§ 22. Payment of early retirement happens unchanged when a disability pensioner temporarily staying away from their homes on the institution where the government bears the cost, and disability pensioner has parental responsibilities or costs of their own home.

Long term stays in institutions etc.
§ 23. When the pensioner's prolonged stay away from their homes on the institution where the government bears the cost, paid disability pension unchanged move month and subsequent month and then by 20 per cent. the highest disability pension.


Surcharge of institution etc.
§ 24. An early retirement with residence provided. §§ 22-23, can after a concrete assessment receive personal allowances. The right of any child allowance unchanged.

PCS. 2. Payment of early retirement is resumed from the 1st of the month in which an early retirement no longer staying longer in care, see. § 23.

Offsetting and co-payments
§ 25. The Government shall lay down rules on offsetting early retirement and the payment of early 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 8
Additional
Child supplement
§ 26. For early retirees who have dependent children under 18, paid for each child a child allowance. Additional paid, whether dependents shall be met through direct provision or payment of alimony.

PCS. 2. Failure to respect the maintenance obligation by paying alimony paid child allowance under the rules of county Regulation on the payment of alimony, etc. for children and adoption grants.

PCS. 3. Child supplement is not paid to early retirement sister, who live permanently outside Greenland.
§ 27. 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.

§ 28. Child allowance is paid a monthly amount corresponding to the normal contribution set annually in the Finance Act, see. However paragraph. 3.
PCS. 2. If both parents early retirement, paid 1 child allowance per child for each early retiree.
PCS. 3. disability pensioner is required to pay maintenance for the child, paid child allowance semi-annually unless agreed or another payment period.

PCS. 4. If the child lives with someone other than disability pensioner, and redeemed pensioner required to pay maintenance for the child, paid child allowance to the person who is entitled to receive maintenance.

Personal allowances
§ 29. Personal allowances granted by the local council on an individual assessment of the need either as an annuity established for more than 1 year at a time, or even help cover special needs.
PCS. 2. Repayment of the personal allowance may be required if:

1) granting personal allowances because of reckless finances, or

2) a disability pensioner who has received a personal allowance is subsequently paid an amount covering the same period and the same purpose as the personal allowance.
PCS. 3. Refunds can only be required if the disability pensioner in connection with the appropriation is made aware of the repayment obligation.
PCS. 4. Personal allowances will not be paid to disability pensioners who are resident outside Greenland.

PCS. 5. The Greenland Government may lay down rules on personal allowances.

Chapter 9
administration
§ 30. Application for disability pension, child allowance and personal allowance should be by persons resident in Greenland shall be submitted to the local council. Persons residing outside the municipal division must submit an application for disability pension, child allowance and personal allowances for the Greenland Government.

PCS. 2. The application for early retirement under the Nordic Convention on Social Security submitted to the Greenland Government.

PCS. 3. The municipal council can travel and decide cases on disability pension for a person who does not even have applied for it.
§ 31. The right to early retirement pension starts the 1st of the month after the conditions are met and the local council's decision and awarded disability pension.
§ 32. Persons receiving disability pension at the time the entitlement to retirement pension occurs automatically switches to a retirement pension without application, with all the benefits under this law lapses at the same time.

Chapter 10
Disclosure, withdrawal of early retirement and control duty
§ 33. Recipients of disability pensions are obliged to inform the municipality, respectively Naalakkersuisut whether changes in personal or economic conditions that may result in the award must be reviewed or the early retirement pension granted to be altered, dormant or denied.

PCS. 2. The right to early retirement pension lapses if the conditions are no longer met.

PCS. 3. Have disability pensioner failed to provide information in accordance with paragraph. 1 or knew or ought disability pensioner know that this unjustified received disability pension, the amount received wrongly repaid. The local authority may also carry offsetting them against any continued regular pension payments, except child allowance.
§ 34. The municipal council is obliged to supervise the payment of early retirement and ensure that there is no early retirement scheme for persons not entitled thereto.

Chapter 11
payment
§ 35. Early retirement, personal allowance and child allowance is paid monthly in advance.
§ 36. When the local authority considers that an early retiree can not perform its economy, which may be decided on the management of disability payment, including payment of personal allowances and child allowances. Such a decision implies that the municipal council may determine individual payment terms derogating from the usual rules and practices in order to ensure that disability pensioner at any time cover its fixed costs and preserve adequate funds to sustain life.
§ 37. When the conditions for early retirement are no longer satisfied, and the local council has decided accordingly, 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 disability pension payments are met when moving to another Nordic country or a country covered by the EEA Agreement.


PCS. 2. The disability pension is adjusted from the first of the month following the expiration of three months from a disability pensioner is missing and there is no evidence that the disability pensioner is alive. Anticipatory lapse if, within one year from the time when the disability pension is set, is evidence that the disability pensioner is alive. Discontinuation of disability pension means in this case the lapse of not paid during this period.

PCS. 3. In connection with a disability pensioner dies will be paid the deceased's disability pension for the deceased any partner for 2 months after the end of the month in which the death occurred.

Chapter 12
outlays
§ 38. Early retirement pension and any supplements may only be subject to execution or other enforcement of debt to public authorities.

Chapter 13
Appeals
§ 39. Decisions made by the local council under the provisions of this Act may be appealed to the Social Appeals Board in accordance with county regulation on the social services board and organization referred. However paragraph. 2.

PCS. 2. Decisions taken by the municipal council to refuse early retirement or setting work rate in the assessment and review of work according to §§ 12 and 13 may be appealed to early retirement Appeal. The complaint must be received by early retirement Complaints Board within four weeks from the citizen has received the decision.

PCS. 3. Early retirement Complaints Board can not be appealed to another administrative authority.

Chapter 14
Accounting and finance
§ 40. Expenses for disability pension, child allowance and personal allowances borne entirely by municipalities see. However, § 44.

PCS. 2. For early retirees resident outside the municipal division holds Treasury spending on disability, child allowance and personal allowances.

PCS. 3. For early retirees residing outside Greenland, Denmark and the Faroe Islands, the costs of the early retirement of the Treasury.

PCS. 4. Costs for the administration of this Act shall be borne by the responsible authority.
§ 41. The municipal council shall, within one month after the end of a quarter and calendar year to the Naalakkersuisut statistical information on beneficiaries of early retirement in the municipality.

PCS. 2. The Government shall lay down rules for the contents and form.

Chapter 15
Commencement and transitional provisions
§ 42. The Greenland Parliament Act shall enter into force on 1 July 2016.

PCS. 2. At the same time Landsting Regulation no. 4 of 7 May 2007 on disability, and Government Decree no. 13 of 27 June 2007 on early retirement.
§ 43. Persons awarded disability pension that is not 60 years old when the Act came into force, should have re-evaluated their work in accordance with the Parliament Act within five years from its entry into force. Persons awarded disability pension that is 60 years old when the Act came into force, or assessed under § 9 paragraph. 2, can choose whether they want to have reassessed their work.

PCS. 2. If there has been a reassessment of awarded disability pension within 5 years of commencement of the Act, see. Paragraph. 1, surpassing the remaining early retirement to the highest disability pension.

PCS. 3. If the disability pensioner over 60 years when the Act came into force, or assessed under § 9 paragraph. 2, paid the highest disability pension in accordance with § 17, where there will be renewed reassessment of income of kr. 80,000, with less disability pensioner requesting reconsideration of working capacity.

PCS. 4. For people awarded disability pension that is not 60 years old when the Act came into force, constitutes early retirement until the work has been reassessed, up to:

1) 109,000 kroner annually for a single disability pensioner

2) 109,000 kroner annually for couples where one receives early retirement and the other not receiving any form of public pension

3) 81 750 kr. Per year for an early retirement in relationships with a disability pensioner

4) 71 286 kr. Per year for an early retirement in relationships with an age pensioner.
PCS. 5. in paragraph. 4, shall be adjusted on the basis of Greenland's statistics published CPI. Early retirement pension amount will be adjusted by 3 per cent. for each full 3 points CPI change. The adjustment was made valid from the following 1 January, on the basis of 1 July CPI.
PCS. 6. The Government shall publish the adjusted amounts every year on January 1st.


PCS. 7. Early retirement pension be reduced if the pensioner and any partner's annual total current income except public pension and a pension under the Nordic Convention on Social Security, exceeds:

1) 28,000 kroner for a single disability pensioner.

2) 42,000 kroner for couples where both receiving disability benefits.

3) 42,000 kroner for couples where one receives early retirement, and the other does not receive any state pension.

4) 70,000 kroner for couples where one receives early retirement and the other receiving a retirement pension.
PCS. 8. The disability pension is reduced by increasing income and lapse at the following income limits:

1) 180,000 kroner annually for a single disability pensioner.

2) 270,000 kroner annually for couples where both receiving disability benefits.

3) 270,000 kroner annually for couples where one receives early retirement, and the other does not receive any state pension.

4) 300,000 kroner annually for couples where one receives early retirement and the other receiving a retirement pension.
PCS. 9. The Government shall lay down rules on income regulation of early retirement.

PCS. 10. in paragraph. 4-8 listed rates and thresholds lapses when the reassessment of awarded disability pension at the commencement of the Act is implemented and not later than five years after commencement of the Act.
§ 44. Expenses in a 5-year period from the commencement of the Act disability pension and child allowance, see. § 26, held by 50 per cent. of the Treasury and 50 per cent. by the municipality. Expenses for personal allowances, see. § 29 shall be borne by the municipality.

Greenland, December 9, 2015

Kim Kielsen