Law On The Protection Of Supplementary Pension Rights For Workers And Self-Employed Persons Moving Within The European Economic Area

Original Language Title: Lov om beskyttelse av supplerende pensjonsrettigheter for arbeidstakere og selvstendig næringsdrivende som flytter innenfor EØS-området

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-12-14-95

Law on the Protection of supplementary pension rights for workers and self-employed persons moving within the European Economic Area.


Date LOV-2001-12-14-95


Affairs Ministry

Edited

LOV-2009-06-19-48 from 21/12/2009


Published in 2001 Booklet 15


Commencement 01.03.2002

Changes


Promulgated


Short Title
Law on pension rights within the EEA

Ref. EEA Annex VI. 12 (dir. 98/49 / EC) on the safeguarding of the rights to supplementary pension for arbeidstakarar and self-employed who move Within the Community.

§ 1. Purpose This law aims to safeguard the rights of supplementary pension schemes for employees and self-employed persons moving within the European Economic Area. The same applies to rights as spouses, registered partners, cohabitants and children in a supplemental pension plan.

§ 2. Scope of the Act applies to pension schemes as mentioned in Nos. 1 to 7 when they give to employees and self-employed retirement pension right and any disability pension and survivor's pension in addition to or instead of the corresponding legally based social security benefits (supplementary pension)

1.
Pension schemes established life insurance company, pension fund, bank or fund management companies and covered by the Act of 24 March 2000 no. 16 on Occupational or Law 24 November 2000 no. 81 on contribution in employment,

2.
Municipal pension schemes covered by the Act on 25 September 1992 no. 107 on municipalities and counties §§ 24 no. 4 and 43, second paragraph related regulations,

3.
Other collective pension schemes in the pension fund or life insurance company than those mentioned under 1 and 2

4.
Deal pension schemes where benefits are paid to govern their operation,

5.
Pension Fund under the Act of 24 March 2000 no. 16 on Occupational § 16-2 23. paragraph

6.
Agreements on pension scheme for self-employed,

7.
Sykehjelps- and the pension scheme for doctors.

§ 3. The right to cross-border payments A person entitled to accrued pension from a supplementary pension scheme who move to another state within the Community shall be entitled to have their pension less any transaction costs paid in the state the person lives. The same applies to spouses, registered partners, cohabitants or children's rights in the pension schemes.

§ 4. Right to membership in the plan at the temporary expatriation in another Member State A person who works in another Member State and covered by a supplementary pension scheme in Norway shall continue to be entitled to be a member with full rights the pension scheme if the person is covered by Norwegian social security legislation pursuant to the EEA Agreement Annex VI. 1 (Regulation (EEC) no. 1408/71) .1
A person domiciled in another Member State who works in Norway and are covered by a supplementary pension scheme in their home country, shall not be obliged to pay contributions to the pension scheme referred to in § 2 in this country, if not covered by Norwegian social security legislation pursuant to the EEA Agreement, Annex VI. 1 (Regulation (EEC) no. 1408/71). Employers should not be obliged to pay contributions to the pension plan in Norway for employees in cases mentioned.

§ 5. Equal treatment regarding protection of accrued pension Supplementary pension schemes should be based on agreements that secure accrued pension rights for people who leave the pension scheme, regardless of whether an employee who resigns remains in Norway or move to another state within the EEA. The same applies to spouses, registered partners, cohabitants or children's rights in the pension schemes.

§ 6. Information to members of supplementary pension When a person covered by a supplementary pension scheme moves to another Member State, that information is provided by the employer or the administrator of the pension scheme if:

1.
Pension when they leave the scheme,

2.
Right as necessary to receive pension in another Member State,

3.
Any right to continue pension contributions by expatriation in another Member State,

4.
Any right to continue their premium payments to the pension and

5.
Exemption from paying premiums for supplementary pension scheme in the host country.


§ 7. Imposition of FSA FSA can provide a supplementary pension scheme corrective order if the plan has not complied with its obligations laid down in or pursuant to this Act. FSA may also demand that the scheme establishes procedures allowing disclosure pursuant to § 6 are met within a specified time limit.
Law 7 December 1956 no. 1 on the supervision of financial institutions, etc. (Financial Supervision Act) § 10, second paragraph concerning the imposition of liquidated damages if the Financial Supervisory Authority orders are not complied with, shall apply correspondingly.

§ 8. Regulations The King may issue further regulations to supplement and implement the provisions of this Act.

§ 9. Entry into force. Transitional Provisions Act comes into force when the King fastsetter.1 King may issue transitional provisions.