Law On Enterprise Board (Enterprise Pension Law)

Original Language Title: Lov om foretakspensjon (foretakspensjonsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2000-03-24-16

Law on Enterprise Board (Enterprise pension law).

Date LAW-2000-03-24-16 Ministry the Ministry of finance Recently changed law-2015-12-04-96 from 01.01.2016 Published in 2000 booklet 7 entry into force 01.01.2001, 24.03.2000 Change LAW-1999-03-26-14 Announced short title Enterprise pension law-ftpensjl.

Chapter overview: part I. Initial provisions (§ § 1-1-1-3) Chapter 1. Active site. Definitions (§ § 1-1-1-3) part 2. Pension scheme (§ § 2-1-7-9), Chapter 2. Creation of pension schemes (§ § 2-1-2-12) Chapter 3. Membership of the pension scheme (§ § 3-1-3-11) Chapter 4. The earning of pension (§ § 4-1-4-15) Chapter 5. Old age pension (§ § 5-1-5-13) Chapter 6. The disability pension. Premium exemption by disability (section section 6-1-6-7) Chapter 7. Pensions to survivors (§ § 7-1-7-9) part 3. Solidarity funds (§ § 8-1-11-5) Chapter 8. General rules (§ § 8-1-8-7) Chapter 9. Premium. Premium reserve (§ § 9-1-9-8) Chapter 10. Prize funds (sections 10-1-10-4) Chapter 11. Pension scheme with investment choice (§ § 11-1-11-5) part 4. Corporate conditions. Company changes. Termination (§ § 12-1-16-3) Chapter 12. Corporate relationship etc. (§ § 12-1-12-7) Chapter 13. The merging of enterprises (§ § 13-1-13-7) Chapter 14. Sharing of business etc. (§ § 14-1-14-3) Chapter 15. Termination and liquidation (§ § 15-1-15-6) Chapter 16. Entry into force. The transitional rules. Changes in other laws (sections 16-1-16-3) the Act's short title added by law 10 des 2004 Nr. 80 (ikr. 1 jan 2005 68. decision 21 des 2004 No. 1685).

Part I Introductory provisions 1. Chapter. Active site. Definitions section 1-1. Scope (1) the Act applies to the enterprise pension scheme and firms that have or are creating such a pension scheme.

(2) a pension scheme by law here can be created by agreement with: a. company that has permission from the Norwegian authorities to operate life insurance business here in the Kingdom, b. pension fund that has permission from the Norwegian authorities to here in the Kingdom to take over the collective pension schemes which are considered as life insurance, c. company that is established in another State within the European economic area and that here in the Kingdom have access to operate life insurance business , d. pension fund that is established in another State within the European economic area, and who have access to here in the Kingdom to take over the collective pension schemes which are considered as life insurance.

(3) the law also apply to Svalbard, jf. the law on the Svalbard archipelago of 17. July 1925 No. 11 § 1 the second paragraph.

§ 1-2. Definitions (1) of the Act means: a. pension scheme: Enterprise pension scheme as mentioned in section 1-1 (2).

b. the regulations: Pension insurance agreement with its terms and conditions and pension plan.

c. pension plan: The part of the regulations that apply to the determination of pension benefits.

d. Premium reserve: Provision to cover contractual obligations to the insured, including the management reserve to cover future costs.

e. Pensjonistenes surplus funds: Funds for profit assigned to the reserve related to the prize pensions during payment.

f. Calculation basis: The basis for the calculation of insurance technical pension scheme.

g. 12 times the base amount (G): The then-current basic amount in the national insurance scheme.

h. salary: Taxable earned income, calculated person income and allowance to the participant for the efforts in deltakerlignet company.

in the. Performance-based old age pension: Age Pension that gives the right to benefits determined under section 5-2 the first paragraph a, b or c, calculated in accordance with the provisions of the regulations.

j. Engangsbetalt old age pension: old age pension corresponding to the rights as specified in § 5-2 second paragraph, calculated in accordance with the provisions of the regulations.

k. Deposit premium: Premium as the entity after the deposit premium is scheduled to pay for the individual members and which will be used annually to give members the right to old-age pension in accordance with the provisions of the regulations.

l. Deposit premium plan: Plan that specifies how the annual deposit prizes for members is to be calculated.

m. Vesting age: The age as set out in the regulations under section 4-1 and indicating when the members ' right to old age after the regulations will be earned.

(2) of the Act means: a. Enterprises: limited liability company, public limited company, partnership, sole proprietorship and any other entity that has the employee in his service.

b. Corporate: Executive referred to in the companies Act § 1-3 and the public limited companies Act § 1-3, yet so that the parent company does not have to be limited company or public limited company.

c. members: the employer and the workers who meet the admission criteria in the regulations for the pension scheme. As a member is considered also the age pensioner who have taken out old-age pension from the scheme right after finishing working conditions, as well as the worker who has been disabled while he was in the company's favor and that it paid premium or deposit according to the insurance of premium or deposit waivers by disability.

d. children: Member's children, including stepchildren and foster children.

e. registered partner: Partner in registered partnership where the partners have not agreed to transform the partnership into marriage.

f. Partner: Person that the Member: 1. have private housing and private children with, or 2.
living together in marriage or partnerskapslignende conditions when it will be made that the relationship has passed uninterrupted in the last five years before the death, and the conditions that would prevent legal marriage or partnership was entered into.

g. Insured: Pension Plan members, their spouse, children, registered partner and roommate when they are secured or receive pension after the regulations.

§ 1-3. Regulations (1) the King can establish closer to the rules to the completion and implementation of the provisions of the law here.

Part 2. The pension scheme Chapter 2. The establishment of pension plans in the pension scheme with enterprise. pension section 2-1. Access to create a pension scheme (1) a company can create a pension scheme in accordance with the rules of the law here to ensure workers in the enterprise and other insured pension benefits in addition to the benefits that will be paid out at any time according to the law on the national insurance scheme. The regulations for the pension scheme shall in its entirety be in accordance with the provisions of the law here, complete with regulations.

(2) the pension scheme shall give the right to old age designed either as performance-based old age or as old age pension engangsbetalt. Entity shall draw insurance that gives the right to the prize-or deposit waivers by disability in accordance with the disability degree according to the rules in section 6-6.

(3) the pension scheme can in addition to old age give right to disability pension for occupational pension law to members as completely or partially lose inntektsevnen. The pension scheme can also provide the right to pension to the left child, spouse, registered partner and roommate. It can be created special pension scheme for the right to disability pension for occupational pension law and the special pension scheme for the right to pensions to survivors after the chapter 7 of the law here.

section 2-2. Minimum requirements for corporate pension schemes (1) a company can create a pension scheme under the law here, if the entity has: a. at least two people in the company who have both a working time and wages that make up 75 percent or more of the full time position, b. at least one employee without ownership interest in the entity that has a working time and salary in the enterprise that make up 75 percent or more of the full time position , or c. people in the company who each have a working time and wages that make up 20 percent or more of full time position, and which together perform work that corresponds to at least two years of work.

(2) a pension scheme can also be created in the pension fund that is in accordance with the provisions given in or pursuant to the insurance business law. To pension coffers have less than 50 members, to the articles of Association for the pension coffers contain specific provisions about the reinsurance of the insurance risk and limitation of risks related to the investment management so that the members ' right to pension is reassuring secured. Financial audit sets out closer to the rules about this.

(3) if the entity at the end of a calendar year do not meet the criteria in the first paragraph, and the entity nor in the course of a calendar year again meets the criteria, the pension scheme shall cease and wound up according to the rules in chapter 15. Pension scheme in the pension fund which, in a period of six months does not meet the criteria in the second paragraph, to stop and wound up according to the rules in chapter 15 or be continued as pension insurance in accordance with the first paragraph.

§ 2-3. Pension plan (1) it shall be determined pension plan that specifies the criteria for and the extent of pension benefits. Have old age pension scheme, to be engangsbetalt pension plan also include a deposit premium plan in accordance with section 5-2 fourth paragraph.

(2) Benefits earned after the pension plan should be guaranteed by the insurance company as far as nothing else follows from the rules on collective investment scheme in section 11-1 a or investment choice for the individual Member in section 11-2. For the fripolise associated with the own investment portfolio shall apply the rules of § § 4-7 a and 4-7 b.

(3) the pension plan will apply to all workers and other insured covered by the pension scheme, unless otherwise provided by the law here, complete with a regulation.

§ 2-4. Management Group (1) Companies that have pension scheme that includes 15 or more members or have pension scheme with the collective investment scheme under section 11-1 a, to create a management group for the pension scheme of at least three people. At least one of the people shall be elected by and among the members.

(2) the Steering Group to comment on matters concerning the management and practice of the pension scheme. The regulations are to be considered by the Steering Committee before it is adopted or changed.

section 2-5. Life insurance company's duties

(1) A life insurance company can only draw "Enterprise pension scheme with tax benefit" when the insurance agreement and the pension scheme is in accordance with the law here with the corresponding regulations.

(2) life insurance company shall ensure that the entity produces the written statement that the company has not created or is affiliated with any other pension scheme. Transmission can occur through the use of electronic communication if it is used a reassuring method that authenticates the sender and ensures the nature of the content. If the entity has different pension plan the insurance company must ensure that all pension plans set in context, is in accordance with the law here with the corresponding regulations.

(3) the provisions of the first and second paragraph applies as far as they are appropriate for pension funds.

§ 2-6. The assessment ratio (1) it shall be disclosed in the regulations for the pension scheme, premium receipts, and messages to the tax authorities that the documents applies Enterprise pension scheme by law here.

(2) Premium receipts, and messages to the tax authorities to contain specified information about the payments that the company have made of this year's prize, grants to the prize fund and grants for pensjonistenes surplus funds.

(3) is this year's premium paid by transfer from the prize fund, this shall be specified separately. The same applies by the return of premium Fund assets to the entity.

(4) the insurance company, pension cashier and the entity responsible for that information referred to in this provision are correct. The same applies to the institution that administers the prize fund.

section 2-7. (1) the financial supervision authority supervises the enterprise pension schemes.

(2) Find the financial audit that a pension plan is administered in violation of or law or regulation, the financial audit insurance company impose or retirement register to fix the relationship within a prescribed time limit.

(3) Find the financial audit that a calculation or distribution of funds are made in violation of the current rules, the financial audit require that the calculation or distribution be changed within a prescribed time limit.

(4) if the time limit given in pursuance of other and third paragraph, not be met, the financial audit to give closer guidelines for business, appointing new Board or steering group for the pension scheme, or decide that the pension scheme shall cease and wound up under the provisions of chapter 15.

(5) determine the financial audit that the pension scheme shall cease, to audit the notify about the decision to the tax agency.

section 2-8. Information to the employees (1) the company shall give the employees a written overview of the regulations for the pension scheme. It should be added to give the employees a good picture of the members ' rights, the prizes and the old age security these can be expected to give. The same applies information about the insurance that will provide disability benefits or benefits to survivors.

(2) the company shall give the employees written information about changes in the regulations of importance. Requirements of written form in or in pursuance of the law here is do not preclude the use of electronic communications. Information that affect the employee's pension rights can still only be provided by the use of electronic communications if the individual worker has given express consent to this.

(3) the King can establish rules on what information is to be provided from the institution or company in relation to the scheme.

II. Parallel pension plans section 2-9. Access to have parallel pension schemes (1) a company with a pension scheme by law here can at the same time have a pension plan by depositing the pension law and the pension plan after the occupational pension Act (parallel pension schemes). An enterprise may also have two pension schemes after the law here, if one has performance-based and the other engangsbetalt old age pension.

(2) For an undertaking that after the first paragraph has several pension plans, the following applies: a) no employee may at the same time be a member of more than one of the schemes, b) regulations in the schemes should be designed so that the age pension benefits stand in a reasonable relationship to each other and so that the unreasonable differential treatment of groups of workers be avoided, c) right to benefits by disability and to the survivors should be designed in the same way in the schemes.

(3) the provisions of the second paragraph also applies when changing the regulations for one or more of the pension schemes.

section 2-10. Employees ' valgrett (1) when a company creates parallel arrangements, to each employee have the right to choose which pension plan that he or she should be a member of. It can still be determined in regulations that worker organizations that have members employed in the enterprise can choose the arrangement for its members. It shall be determined in the regulations which worker who don't make scheme a choice after the first sentence should be a member of.

(2) the provision in the first paragraph also applies to an employee who is employed in the enterprise.

(3) a worker may not choose to become a member of a pension plan if the rules on membership that applies to the scheme is the employee occupied as a member.

section 2-11. Removal of membership (1) the regulations should contain provisions about cases in which a worker can move their membership to one of the other pension arrangements.

(2) a worker shall in any event be entitled to removal of membership by significantly changing the deposit or performance plan or of the regulations by the way in one of the pension schemes, if the change is of importance for future rights in the scheme.

(3) when moving the membership comes to the provisions relating to termination of membership accordingly. The limit of 12 months in section 4-6 second paragraph applies to the total membership of the two schemes.

III. Combined pension plans section 2-12. Access to have combined pension schemes (1) an undertaking which has an arrangement with the performance-based old age after the law here, can supplement this with a pension plan by depositing the pension law, a pension scheme after the occupational pension Act or a pension plan with engangsbetalt old age pension after the law here (combined pension schemes).

(2) For the combined pension plans after the first paragraph, the following: a) all employees covered by the regulatory provisions relating to membership of the pension scheme with performance-based old age, shall be a member of both pension schemes, b) deposit the pension, service pension or the engangsbetalte age pension shall constitute an addition to the benefits in the defined benefit retirement pension scheme, c) regulations in pension schemes should be designed with the aim of unequal treatment between workers be avoided as far as possible when it comes to the total pension in relation to the salary and service time in the enterprise , d) an undertaking may not at the same time have combined pension schemes and parallel pension plans under section 2-9, pension law § 2-10 or the deposit section 2 pension law-10.

(3) the King can establish closer to rules on the design of combined pension schemes. It can be fixed rules that the deposits it some years to securing deposit pension or old age engangsbetalt should not exceed a prescribed percentage of wages in relation to pension level in the defined benefit pension scheme.

(4) if the pension plan administration reserve is not sufficient to cover the costs related to the issuance of free policies by creating the combined pension schemes after the paragraph here, to the remaining costs are covered by the first funds in the prize fund and then by payment from the company if the funds in the prize fund is not sufficient.

(5) the company can draw disability either in relation to the defined benefit pension scheme, or in relation to both pension schemes in the combined scheme. The overall combined scheme shall be the determination of disability pensjonens size after § 6-3 the first paragraph. If the disability pension is drawn only in relation to the company's defined benefit pension plan, it shall be determined in the regulations that it is to be provided an extension to the disability pension is determined on the basis of the size of the defined benefit retirement pension.

(6) insurance of the right to the prize-or deposit waivers by disability according to the rules in section 6-6 to attach to both pension schemes.

(7) the company can draw pension to survivors either in relation to the defined benefit pension scheme, or in relation to both pension schemes in the combined scheme. The overall combined scheme can be added to reason by the determination of the etterlattepensjonens size after the chapter 7. If the survivor is the character only in relation to the company's defined benefit pension plan, it can be determined in the regulations that it is to be provided an extension to the survivor's pension which is determined on the basis of the size of the defined benefit retirement pension. Defined contribution pension law § 7-4 fifth paragraph shall apply the corresponding by combined pension schemes if left behind spouse, registered partner or partner be given a pension by the rules in section 7 deposit pension law-4 the third paragraph.

(8) the provision in the second paragraph does not apply a pension scheme for workers covered by the enterprise pension law § 3-10 the second paragraph.

Chapter 3. Membership of the pension scheme regulations section 3-1. Requirements of the regulations (1) the regulations should contain provisions on membership and admission of members.

(2) in the regulations may be made exceptions or special terms is determined special groups of workers for as far as the provisions are in accordance with the law here with the corresponding regulations.

section 3-2. General rules of membership (1) Workers in the enterprise can be taken up in its pension scheme.


(2) the pension scheme may also include the employer and any other person that needs to be considered as the owner of the enterprise. The provisions of section 3-5 applies accordingly. Financial audit can provide further rules about which people to be covered by this paragraph.

(3) persons who are not subject to a member of the national insurance scheme with membership that includes earning of pension rights, cannot be a member of the pension scheme unless otherwise follows from the regulations laid down by the King.

In the. The right and duty to the membership section 3-3. Who's going to be a member (1) the pension scheme shall include all of the workers in the enterprise that has filled 20 years, unless otherwise provided for in the law here or in the regulations laid down by the King. It can be fixed lower age in the regulations.

(2) a worker shall be a member even if it's not currently earned the right to a pension in addition to the performance after the law on the national insurance scheme.

(3) workers who are members of another pension scheme that the company pays the premium or fee to and that provides benefits of at least equivalent value, shall not be members of the pension scheme, unless otherwise provided for in the regulations.

section 3-4. New workers (1) an employee who is employed by the entity and that fills the criteria for membership of the pension scheme, occupied as a member from the first working day of the entity.

(2) the Insurance Act Chapter 6 applies when moving to the pension scheme of the premium reserve and other funds related to the fripolise for the earned pension.

§ 3-5. Workers in the part-time position (1) an employee who has less than a fifth of full time position in the company, shall not be a member of the pension scheme, unless otherwise provided for in the regulations.

(2) for the employee Earned in the pension part-time position shall constitute a proportionate part of the pension that would be earned if the worker had had a full-time position.

§ 3-6. Seasonal workers (1) employee who is seasonal and that in the course of a calendar year performs work in the entity that corresponds to less than one-fifth of the equivalent full-time position, shall not be a member of the pension scheme, unless otherwise provided for in the regulations.

(2) in the regulations it may be determined that a season working just to be occupied as a member if the work that is carried out in the course of the last three years, every year at least make up a fifth of the full-time position.

§ 3-7. Workers with leave of absence (1) worker who has leave of absence for a fixed period of time and which is assumed to resume work in the enterprise after completing the leave, shall be a member of the pension scheme in the leave time.

(2) the provisions of the first paragraph can be waived for leave of absence pursuant to appointment by that in the regulations are determined: a. Special rules about the earning of the Board while the leave goods, or b. that the membership will terminate from the leave time.

The same applies for leave of absence according to law if the employee is a member of another pension scheme in the leave time.

(3) the regulations may stipulate that workers who are laid off as a result of operating restrictions, etc. to be members of the pension scheme.

section 3-8. Workers who are not employable (1) worker who are not employable at the time the employee would otherwise occupied as a member, should first be a member of the pension scheme when the employee starts to work in the position, unless otherwise provided for in the regulations.

II. The elderly and retired workers § 3-9. Older workers (1) a worker shall be recorded as a member of the pension scheme under the provisions of § § 3-3 to 3-8 even if the employee by the employment has less than 10 years left to vesting age under section 4-1.

(2) in the regulations it can for such workers or for specific groups of such workers still are determined that those who have less than a prescribed number of years left to vesting age under section 4-1, not to be recorded as members or just to be taken up in the special conditions. Workers who are not admitted as members in the company pension scheme, to be provided by the old age security old age security engangsbetalt or after depositing the pension law.

(3) Provisions in the regulations about the inclusion of former service shall not apply to workers who have less than 10 years left to vesting age under section 4-1 when they occupied, unless otherwise provided for in the regulations.

(4) the provisions of the other and the third paragraph does not apply to arrangement with engangsbetalt old age pension.

section 3-10. Workers who have reached the qualifying age (1) employees who are employed in the position of the entity after reaching vesting age under section 4-1, do not have the right to be a member of the pension plan with performance-based old age.

(2) Such workers shall be ensured old age pension old age by engangsbetalt or after deposit unless the pension law, they are taken up as a member on the special conditions.

section 3-11. Workers who take out old age pension (1) an employee who, after withdrawal of the old age pension from the pension scheme still have full time or part-time position in the enterprise, are entitled to the annual premium paid to the pension plan until the employee when vesting age under section 4-1.

(2) after the employee has reached the vesting age, apply the rules on the earning of the right to a pension in section 4-5.

Chapter 4. The earning of pension. section 4-General rules 1. Vesting age (1) in the regulations for the pension scheme should be added to the reason that the rights to old age as members acquire in accordance with the regulations, will be earned when members fill the 67 years (vesting age). Vesting age can be set higher than 67 years.

(2) in the regulations for the pension plan with performance-based old age should it be added to the reason that the right to the full old age pension will be earned by members who have reached the age by vesting a pension rewarding service time that meet the minimum requirement of service time prescribed under section 4-3 the first paragraph.

(3) the King can establish lower vesting age than 67 years for positions such as: a) involves unusual physical or psychological strain for the staff, or b) requires that the staff has a particular physical or mental properties for work to be satisfactory performed on the proper way.

§ 4-2. Earned pension (1) Earned performance-based old-age pension for a member shall at all times make up such a large part of the full old age pension to the Member according to the pension plan, as the Member's pension rewarding service time from the Member is busy in the pension scheme and to the calculation time in relation to the service time by reached the age required for vesting the right to full Board (linear contribution). The pension rewarding time required for service that a member shall have the right to the full old age pension, will be calculated for each Member and make up the time from the Member is busy in the pension scheme and to the Member and want to reach the qualifying age as set out in the regulations, however, that in any case to require a service time by reached age as at least equal to the vesting requirement for service time set out in the regulations under section 4-3 the first paragraph.

(2) the pension scheme Have old age, engangsbetalt will be earned at any given time the pension amount to the sum of the rights of the pension that the Member has acquired in accordance with the regulations and the calculation base for the pension scheme. Returns in addition to the funds after its calculation to each year is used as a one-time premium for increase of earned pension. Managed funds related to old age with the collective investment scheme under section 11-1 a or with the investment choice for the individual Member pursuant to section 11-2, earned pension still not exceed the right to the pension as the basis for calculation for the pension scheme correspond the premium reserve Member has earned at any time.

II. Performance-based pension section 4-3. Requirements for service time (1) in the regulations to require a service time in the company of at least 30 years by the vesting age as set forth under section 4-1, but not more than 40 years, in order to be entitled to the full pension benefits.

(2) Service time is considered from the first working day of the entity. It should be seen away from the service time before the creation of the pension scheme when not otherwise provided for in the regulations.

(3) in the calculation of the survivor's pension and of disability is considered service until the time the time the Member would have reached vesting age.

§ 4-4. The change of position of the entity (1) If a worker before the scheduled vesting age spans from full-time position to part-time position, to pension earned as a result of service time after time change constitute a proportionate part of the pension that would be earned in the full position. A worker has reached the age of vesting an overall service time in the same entity of more than the requirement of service time pursuant to section 4-3 the first paragraph, it can be seen away from that service time beyond the stipulated minimum number of years is in the part-time position.

(2) if the salary of an employee is put down as a result of the change of position or other modification of the work tasks, the following applies as of the modification date/time: a. the pension is to be calculated from the new salary. In the regulations may still be determined that higher pay will be added to because if the change of position that involves the pay reduction occurs in the course of the last 10 years before the reached the vesting age, b. service time before the modification date/time to be included in the calculation of the pension, and c. it should be issued fripolise under the rules of § § 4-7 to 4-9 to ensure the worker's right to that part of the earned pension of modification date/time that exceeds the Board who then would have been earned if the salary after the letter a is added to reason by the calculation.


(3) If a worker changes the position of the entity and this leads to the change of vesting age, earned pension is calculated separately for the service time the employee has in each of the positions. In the regulations may still be determined that earned pension to be calculated on the aggregate service time in the enterprise and vesting in the new age position.

§ 4-5. A member who has reached the age pension contribution (1) earning of performance-based enterprise pension ceases when workers have filled 75 years.

(2) a member who by vesting has not reached age earned full Board pursuant to section 4-2 the first paragraph, second sentence, and who still have position in the enterprise, to be credited to subsequent service time. By the calculation of the service cost after it reached the age to be seen vesting away from changes in wages and calculated for the Member reached the national insurance scheme after vesting age. By the way, applies the provisions of § 4-4 accordingly.

(3) For the Member who has earned the right to full pension, and who still has the position of the entity, applies section 3-10 the second paragraph accordingly.

III. termination of membership. Fripolise section 4-6. Termination of membership (1) a member who is leaving the company without at the same time to take out the old age pension from the scheme, expires by these resignations to be a member of the pension scheme.

(2) the Member retains its right to earned pension and related premium reserve by these resignations, as well as a proportionate share of the pension plan supplementary provisions. This does not apply if service time by these resignations is shorter than 12 months.

(3) the Prize will be paid out to the reserve can not the Member.

section 4-7. The right to fripolise (1) when a member ends in the entity with the right to earned pension, the pension shall ensure that the facility is issued fripolise that ensures the Member the right to earned pension and related premium reserve and a proportionate share of the additional provisions. The same applies for a member of the scheme under section 11-2 that ends with the right to old age as soon as incipient. Is earned premium reserve relating to old age less than 50 percent of the national insurance scheme because amount, member yet just right to that premium reserve and a proportionate share of the additional provisions will be transferred to other company pension scheme or individual pension agreement by law 27. June 2008 No. 62 of individual pension scheme.

(2) Fripolise according to the enterprise pension insurance shall be issued by the life insurance company that has effected insurance. Is the pension scheme in a pension fund, are issued under the rules of section fripolise 4-8. Fripolise can be issued electronically if the worker expressly agree to this.

section 4-7 a. Fripolise with investment choice (1) by the issuance of fripolise can fripoliseinnehaveren and retirement facility agreement that funds as stated in the third sentence should be managed as a separate investment portfolio assigned to the free policy. The agreement shall specify how the portfolio will be put together and which access has to change the fripoliseinnehaveren composition. Such an agreement can only include funds associated with the corresponding premium reserve old age with its additional provisions and administration reserve related to the free policy.

(2) Fripolisekontoen should be assigned to the return of the investment portfolio. Fripoliseinnehaveren carries the risk that the value of the investment portfolio will be reduced, if nothing else is stipulated in the agreement with the retirement facility.

(3) can claim the Pension compensation for device administration and management of free policy, for the use of the fripoliseinnehaverens the right to change the investment portfolio, as well as for any rate of security related to the free policy. The King can give further rules in the regulations on the remuneration attached to the free policy and about the coverage of the compensation by the strain of fripolisekontoen.

(4) by the withdrawal of old age comes to the rules in sections 5-7 a to 5-7 d. Annual old age pension is calculated on the basis of the investment portfolio's value on the withdrawal time. The funds associated with the free policy will be at the withdrawal time is transferred to ordinary management in collective portfolio, unless fripoliseinnehaveren require that the funds associated with the free policy will continue to be managed as a separate investment portfolio. If free policy still should be managed as a separate investment portfolio, the annual pension is calculated from the investment portfolio's value at each disbursement. The King can give further rules on calculation and payment of annual pension from the free policy in the regulation.

(5) before it entered into the agreement on the issuance of fripolise assigned to own investment portfolio, retirement facility in writing disclose that fripoliseinnehaveren: a) the investment portfolio assigned to the free policy will be managed for the fripoliseinnehaverens expense and risk, b) retirement benefits is determined by the value of the portfolio at the time of withdrawal of the pension, c) retirement facility's responsibility for the ROI results and value development over time lapses unless otherwise agreed, and that d) retirement facility has the right to compensation as mentioned in the third paragraph.

For each relationship be informed by letter a through d should at the same time be informed in writing of the terms and conditions that apply to a fripolise that undergis ordinary management.

(6) the pension has a duty to the device map the fripoliseinnehaverens needs and desire for risk and to disclose any circumstances that indicate that an agreement on the management of free policy in a separate investment portfolio will not be in fripoliseinnehaverens interest. Before it entered into the agreement on the issuance of fripolise assigned to a separate investment portfolio, retirement facility in any case give fripoliseinnehaveren advice on the composition of the investment portfolio custom including the length of time until the withdrawal of old age and the size of the funds associated with the free policy. When fripoliseinnehaveren has reached an age with few years left to the withdrawal of the pension, the pension shall give advice on risk reduction device measures. A written synopsis of the information and advice that pension facility provides for the link here should be sent fripoliseinnehaveren. The King can give further rules on compulsory information and advice in the regulation.

section 4-7 b. investment choice linked to the issued free policies (1) it is issued fripolise with contract stipulated benefits, fripoliseinnehaveren and retirement facility agreement that funds as stated in the third sentence should be managed as a separate investment portfolio assigned to the free policy. The agreement shall specify how the portfolio will be put together and which access has to change the fripoliseinnehaveren composition. Such an agreement can only include funds associated with the corresponding premium reserve old age with its additional provisions and administration reserve related to the free policy.

(2) the provisions of § 4-7 a different to the sixth paragraph also applies to a fripolise issued after the paragraph here.

§ 4-8. Special rules for pension funds (1) a pension fund may enter into agreements with a life insurance company as mentioned in section 1-1 the second paragraph that the company will issue fripolise to members that ends in the entity. A member's premium reserve by these resignations to in case is calculated by the company's basis for calculation.

(2) the pension shall enter into such an agreement the cashier about the issue of fripolise to members that ends in the entity if the pension coffers after its permission are not allowed to issue free policies.

(3) when the fripolise not to be issued by a life insurance company, are issued free policy of pension case. The provisions of § 4-7 the first paragraph applies accordingly.

section 4-9. The insurance relationship after fripolise (1) Free policy constitutes a legal relationship between the who received free policy and life insurance company or pension cashier who issued it.

(2) Continuation insurance as stated in the insurance contract law § 19-7 to be drawn on the same terms as free policy, yet so that it can be agreed that the insurance be expanded to include disability and pensions to survivors after chapter 6 and 7 of the law here. Annual premium for continuation insurance for engangsbetalt old age pension may still not exceed the amount, adjusted for the development in the national insurance scheme basic amount, which was contributed to the age pension account last year the employee was a member of the pension scheme.

(3) the rules on the withdrawal of old age in § § 5-1, 5-7 a to 5-7 c applies to free policies. It is permitted to take out less than the full old age pension from free policies after the rules on graded withdrawals in section 5-7 b other and third paragraph if the retirement facility agrees to this.

(4) the funds associated with a fripolise can be transferred to another life insurance company or pension fund under the rules of forsikringsloven1 Chapter 11. The funds cannot be transferred to other life insurance company than mentioned in section 1-1 the second paragraph.

section 4-10. Foreign nationals foreign nationals who have been resident here in the Kingdom in less than three years, and that ends in the entity with the right to earned pension and which then settles abroad, can use its premium reserve to ensure pension rights in foreign pension gadgets that are not covered by section 1-1 the second paragraph.

IV. Inclusion of service time in the other enterprises section 4-11. Access to inclusion (1) the regulations may contain provisions on the inclusion of service time and earned pension from membership in other private pension scheme. For older workers comes to § 3-9, third paragraph.

(2) with the Bill to be carried out by that the employee be given an addition in the pension rewarding service time.


(3) in the regulations for a pension plan that has rules about with Bill, should it be determined that criteria for inclusion that funds related to pension earned on the basis of previous service time in the other enterprises will be transferred to the pension scheme under the rules of chapter section 4 forsikringsloven1 11.2-12. Rules for inclusion (1) by inclusion of service time for membership in other pension schemes for the add-in service time is set equal to service time in the earlier scheme if the premium reserve for the pension that is earned there, is at least as large as the premium reserve would be in the new scheme for as long vesting time. By the calculation of the premium reserve in the new system they are added benefits that applies to the employee by the recording in the new scheme of reason. Is premium reserve from the previous scheme less, it is truncated the charge in the service time so that it corresponds to the premium reserve.

(2) the company may still decide that by inclusion of service time for membership in other pension schemes for the add-in service time is set equal to service time in the earlier scheme.

§ 4-13. The transfer of the premium reserve (1) Funds that exceed the premium reserve as under section 4-12 needed to ensure the full inclusion of previous service time, including funds related to the right to benefits that cannot be continued in the pension scheme, should be ensured by fripolise under section 5-9 the second paragraph.

V. Fripoliseregister, etc.

§ 4-14. Registration of free policies (1) Free policies issued in accordance to the rules of the law here in Fripoliseregisteret. The register shall as far as possible include free policies issued under the previous current rules of private occupational pension schemes.

(2) the King further gives rules on the creation of the Fripoliseregisteret and of the lead of the registry, as well as about the access to obtain information from the Registrar. The King can also give rules on enterprises ', pension innretningenes and the insuree's obligation to provide information to Fripoliseregisteret.

section 4-15. The merger of free policies (1) worker who has more free policies issued by the same pension gadgets, may require that the rights after the policies are merged and the new fripolise is issued on the basis of the overall rights. This is also true in the case of removal as mentioned in section 4-9 fifth paragraph.

(2) by the merger of free policies that provide various rights, should it be made conversion of old age pension on the basis of premium reserves for old age at conversion time. The total cash value insurance should be the same before and after the conversion. It can not be added because a lower vesting age than 67 years unless vesting age after all free policies is lower than 67 years.

(3) the King can establish closer to the rules on the conversion of rights after free policies are merged, including the rules that apply to the merger of free policies related to disability and etterlattepensjoner.

(4) Fripolise that provides the right to the payment of a pension when the requirements about merging be made, are not covered by the merger after the paragraph here, unless the retirement facility agrees.

Chapter 5. Old age in. section 5-General rules 1. The right to old age (1) old age pension to be provided from the withdrawal of old age pursuant to section 5-7 a and as long as the worker lives.

(2) it can be fixed in the regulations that the age pension is going to expire or be put down at the age of 77 years or later, but in no case before the old age pension has been paid at least for 10 years. The payout time for termination end benefits can be put down to the number of complete years, which is necessary for the total annual old age make up about 30 percent of the national insurance scheme base amount. Member and the pension facility may agree that lifetime benefits will be changed to termination end benefits in that the number of complete years, which is necessary for the total annual old age make up about 30 percent of the national insurance scheme base amount. When translating after the other and the third sentence of section 5-6 applies to the second paragraph, second sentence accordingly.

(3) For positions with the right to withdrawal of old age before the 62 years it can still be determined in the regulations that the pension should only be run forward to, or be put down at the age of 67, year.

(4) the King can make exceptions in special case from the first and second paragraph.

section 5-2. Age pensjonens size (1) performance-based old age can be fixed to: a. an amount determined from the salary and the estimated insurance pursuant to section 5-5, b. a specific portion of the Member's salary, calculated according to rules specified in the regulations, c. a certain amount per Member, set out in relation to and not higher than 12 times the basic amount.

(2) Engangsbetalt old age pension corresponds to the sum of the pension rights as a member after the regulations each year acquire as a result of payment of the annual deposit premium attributed the annual yield.

(3) change in wages as a result of the special agreement or by the casual wage development in the enterprise, to effect from the date the change takes effect. The same is true when the pension is set out as a specific part of the national insurance scheme base amount. By earning of pension vesting terms after age reached policies in section 4-5.

(4) in the pension scheme with engangsbetalt old age pension should deposit Prize plan be designed in accordance with the rules given in or pursuant to the law on deposit retirement Chapter 5. Deposit premium plan will specify how much of the annual return to be included in the reserve be used as prize and a one-time premium for addition to the pension rights. Managed funds related to old age with the collective investment scheme under section 11-1 a or with the investment choice for the individual Member pursuant to section 11-2, the annual return in its entirety be used as a one-time premium for addition to the pension rights.

II. Performance-based old age section 5-3. Forholdsmessighetsprinsippet (1) in the pension plan should be determined so that the performance of the relationship between the individual members ' total pension benefits from the pension scheme and the estimated insurance will be affordable from the salary and service time of the entity. It can nevertheless be determined that all members without regard to the salary shall have the right to a minimum performance of up to because the amount earned in the national insurance fund proportionately since service time.

(2) the total pension benefits from the pension scheme and the estimated national insurance scheme shall not constitute a larger percentage of the salary for members with a higher salary than for members with lower pay.

(3) For members covered by the other retirement plans that the company has paid or will pay premium to, benefits from such schemes also included for the calculation of the overall pension benefits.

(4) the calculation of the benefits from the national insurance scheme applies to the rules in section 5-5.

§ 5-4. The calculation of the salary (1) in calculating the pension benefits to which a member's salary is considered the salary that the Member receives from the entity.

(2) the regulations may provide that: a. There shall be seen away from the remuneration for overtime, taxable benefits and expense allowances or other variable or temporary addition, b. last annual salary, or the average of the two or three most recent annual salary before the Member starts the withdrawal of old age, to be added to reason, c. it is going to be used a standard payroll basis for one or more groups of members unless this gives a substantially different result than if the individual Member's salary was assumed, d. it shall be seen away from a share of wages after the first paragraph. The proportion shall not exceed 10 per cent of salary. If the policy contains this provision, it can not contain rules for the letter a.

section 5-5. Calculated national insurance scheme (1) Assumes pension plan that the pension benefits for the individual members shall constitute an amount determined from the salary and national insurance scheme will be calculated, the national insurance scheme benefits is calculated according to the following rules: a. basic pension for all members is set to basic amount or three quarters of this, b. additional pension is calculated for each Member after the national insurance scheme rules on the basis of the salary as pension in the scheme is rewarding. If the estimated additional pension is less than the special supplement to the national insurance scheme, estimated additional pension is set equal to the special add-in, c. subsequent changes in the national insurance scheme regulations should be without importance for the right to earned pension.

(2) in the regulations it can be determined that the workers who because of age do not have the right to full pension, additional insurance scheme should be given after an addition to pension corresponding to the performance the lack of additional pension after the national insurance scheme.

(3) the determination of pension performance be taken into account to part-time employment, performance is calculated from the national insurance scheme on the basis of salary in the full position and be reduced proportionately in the same way as for the calculation of the pension basis for part time position.

(4) the calculation of the benefits from the national insurance scheme in accordance with the provisions in the first to third paragraph should the regulations that applied for insurance law chapter 19 as of 31. December 2010 will be added to reason. That the national insurance scheme because amount be used anyway it current base amount in the national insurance scheme.

section 5-6. Special rules for the calculation of pension benefits (1) in the regulations it can be determined that: a. it by changes in wages that go beyond the casual wage development in the enterprise, shall not be taken into account before service time, b. pension Foundation over the last 10 years before a member when the vesting age, only shall be governed by the general wage development in the enterprise, c. groups of workers who under the rules of Chapter 3 does not have the right of membership of the pension scheme to have lower benefits than other members.


(2) For lifetime benefits can the regulations stipulate that pensjonens run time should be set down to the number of complete years, which is necessary for the annual pension coming up at a level equivalent to about 30 percent of the national insurance scheme base amount. Cash value insurance of pension should be the same before and after the conversion.

section 5-7. Limit for total retirement benefits (1) the pension benefits to be determined so that the total pension benefits from the pension scheme and the estimated national insurance scheme for each Member will not exceed: a. 100 per cent of the Member's salary up to 6 G, and b. 70 percent of the part of the Member's salary that is located between the 6 G and 12 G, and c. 0 percent of the part of the Member's salary that exceeds the 12 G.

(2) For members who do not have full time position in the enterprise, to the limit of the total pension benefits constitute a proportionate part of the limit that would apply if the Member had had a full-time position.

(3) in the last two years before a member will reach age pension contribution and in the year this happens, the limit for the Member's total pension benefits after the paragraph here is not calculated on the basis of higher pay than the average of the Member's annual salary in these three years.

(4) the calculation of the benefits from the national insurance scheme applies to the rules in section 5-5.

II a. withdrawal of old age, etc.

section 5-7 a. age at the withdrawal of old age (1) an employee may take out old age pension at the earliest at the age of 62 years. The King can establish rules on the withdrawal of old age pension before the age of 62 years for positions such as: a. involves unusual physical or psychological strain for the staff, or b. require that employees have special physical or mental properties for work to be satisfactory performed on the proper way.

(2) it can not be set as criteria in the regulations that the old age pension can only be or need to be taken out at the same time with the withdrawal of the old age pension from the national insurance scheme. It also can not be set as a condition that the employee does not have full-or part-time position in the enterprise or at another employer.

section 5-7 b. Withdrawal of old age (1) a member shall provide the retirement facility message that indicates from which point old age pension to be paid. If it is not sent notification of the withdrawal of old age in the age of 75 years, the pension is paid out anyway.

(2) a member may decide that in the message, the withdrawal of old age should only apply part of pension performance. The degree of withdrawal may still be less than what is necessary for that total annual pension amounts to about 20 percent of the 12 times the base amount.

(3) Withdrawal rate can at any time after the withdrawal until the age of 75 years will be changed to full withdrawal of pension. Withdrawal can be changed, by the way, the degree of vesting and then reached the age at the times set out in the regulations. At the age of 75 years to the outlet regardless of changes to full withdrawal.

(4) a member who receives a disability pension pursuant to section 6-1, at the same time take out old age to the extent that the total disability pension and old age security pension exceeds a rate of 100 percent. The employee will be disabled after withdrawal of the old age pension, reduced age pension payout so that the pension level does not exceed 100 percent.

section 5-7 c. Insurance technical conversion of pension benefits (1) If a member takes out old age either before or after the vesting, reached the age old-age pension is converted on the insurance technical basis out from its calculation of the withdrawal time and the length of the payment period.

(2) if the withdrawal level, payout time or time is changed by the fire later member, to the age pension is converted on the insurance technical basis out from its calculation on the modification date/time. Changes in the payment time and fire the time can not be done after the age of 75 years. Old age pension that is to be provided as long as the Member lives, nor can be converted by the Member to the termination end age pension performance.

(3) by conversion of old age after the first or second paragraph to the cash value of the insurance benefits be the same before and after the conversion. By withdrawal of retirement before vesting age can still the institution do a standard deduction in premium reserve. The standard deduction in the case can be up to 0.5 percent of the premium reserve by withdrawals by 62 years and should be reduced proportionately per year by later withdrawals until the vesting age, unless the King by regulation has laid down different rules for the calculation of standard rates for the deduction.

section 5-7 d. disclosure of pension benefits (1) Retirement facility will be in the course of the year a worker fills 61 years give the person information about the estimated annual pension performance by the withdrawal of pension from each of the years from the age of 62 years of vesting age, respectively with and without still earning up to vesting age. It should also be given information about the right to the service cost by work by vesting age.

(2) if the device a standard pension requires deduction pursuant to § 5-7 c, third paragraph, it shall be stated whether the size of the deduction and the importance of this.

(3) the first and second paragraph also applies when retirement facility receives message under section 5-7 b of the withdrawal of pension vesting before age reached. Is the payment time for pension reduced in relation to the pension plan, the pension the facility provide written information about any fripoliseinnehaveren opportunities to reduce the withdrawal from other pension providers, including the access to reduce the withdrawal rate for old-age pension from the national insurance scheme up to the age of 75 years.

(4) the information under this section shall be given in writing and on a transparent and easily understandable way.

(5) the King can give further rules on disclosure for retirement facilities.

III. changes in the pension plan, etc.

section 5-8. Change of pension benefits (1) the regulation of pension benefits can occur by changing the pension plan in accordance with the provisions of the law here.

(2) it cannot be enforced changes in pension benefits that entails the reduction of members ' right to earned pension or of the premium reserve related to earned pension at the time of the change.

(3) it can not be made the basis for the calculation change the pension scheme which involves the reduction of members ' right to earned pension or of the premium reserve related to earned pension at the time of the change.

section 5-9. Loss of performance-based pension (1) Change the pension plan by the pension benefits be reduced from and with the time of the change, the service time at the modification date/time are considered in determining of the individual employee's right to a pension after the new pension plan.

(2) it shall be issued under the rules of fripolise § § 4-7 to 4-9 to ensure the worker's right to that part of the earned pension that exceeds what out from salary and service time on modification date/time will be earned after the new pension plan.

IV. Regulation of ongoing pensions section 5-10. Annual adjustment (1) funds pensjonistenes surplus funds shall each year be used as a one-time premium for addition to old-age pensions during payment. All pensions should be given the same percentage annual addition.

(2) includes the pension scheme disability or etterlattepensjoner in addition to the old age pension, such pensions are provided the same percentage addition as in the case be given to old age pension under the payout.

(3) it can be determined in the regulations that the funds in surplus funds to pensjonistenes also be used as a one-time premium for yearly addition to the right to old-age pension for members who receive disability pension. In the individual year in case is given the same percentage addition as for pensions under the payout, jf. the first paragraph. The charge is calculated on the basis of the pension the Member would be entitled to under section 4-3 third paragraph.

(4) addition to the pensions in a single year can percentage not exceed the percentage increase of base amount in the year. It can still be given higher addition for the regulation of pensions in the year and the two previous years together to respond to the percentage increase of the basic rate in these three years.

section 5-11. Grants to pensjonistenes surplus funds (1) are the funds in surplus funds in the pensjonistenes a year is not sufficient to cover a one-time premium for addition under section 5-10 in accordance with the percentage increase of the national insurance scheme because the amount in the year, the company can decide that the necessary funds should be transferred from the pension premium Fund or entity to the surplus fund.

section 5-12. Profit in pensjonistenes profit funds (1) Exceeds the funds in surplus funds in the pensjonistenes a year the amount needed for a one-time premium for addition to the pensions provided under section 5-10, the remainder of the funds be provided Prize Fund, at the latest by the end of the year.

V. payment of pension section 5-13. Limit for annual payment of old age security engangsbetalt (1) if the institution does not guarantee pension the pension age, in a single year cannot be greater than the same old age after the calculation base will be able to be paid out each year in the remaining payment period.

Chapter 6. The disability pension. Premium exemption by disability section 6-1. (Repealed by law may 22, 2015 No. 31 (ikr. 1 jan 2016 68. forskr. 15 Dec 2015 Nr. 1480).)

§ 6-2. (Repealed by law may 22, 2015 No. 31 (ikr. 1 jan 2016 68. forskr. 15 Dec 2015 Nr. 1480).)

section 6-3. (Repealed by law may 22, 2015 No. 31 (ikr. 1 jan 2016 68. forskr. 15 Dec 2015 Nr. 1480).)

section 6-4. (Repealed by law may 22, 2015 No. 31 (ikr. 1 jan 2016 68. forskr. 15 Dec 2015 Nr. 1480).)

section 6-5. (Repealed by law may 22, 2015 No. 31 (ikr. 1 jan 2016 68. forskr. 15 Dec 2015 Nr. 1480).)

section 6-6. Premium-and deposit waivers by disability

(1) the entity shall draw that gives the right to insurance premium and deposit waivers under disability in accordance with the actual degree of disability, the corresponding premium exemption for service pension law § 2-1 the second paragraph. The insurance shall include all members who do not have filled the 67 years, and to provide premium relief in accordance with the uførheten until the Member has filled 67 years. Overall, earning the right to old-age pension on the basis of earned income and premium exemption should at no time exceed the earning 100 percent of the responding to the full post.

section 6-7. General rules (1) the provisions of § § 5-2 to 5-9 also applies to disability pensions so far they fit.

Chapter 7. Pensions to survivors section 7-1. Children's Board (1) the pension scheme Includes children's pension, it shall be determined in the regulations rules on the terms of such pension. The pension scheme can give the right to the children's pension to children as the Member at his death obliged to financially support or supported.

(2) children's pension should run from the Member's death, and shall at the latest expire when the child reaches 21 years of age. Is the child been disabled before the termination time, paid the children's pension as long as uførheten items.

(3) children's pension shall be determined as part of the Member's pension or salary by the Member's death. The member dies before reaching age, the pension contribution to service time imposed by § 4-3 third paragraph be added to reason. It can still be fixed rules on the minimum amount of pension to each child, the calculation of the performance by the number of children, and higher benefits to orphans.

section 7-2. Spouse pension (1) include the pension scheme the pension to the spouse, it is determined in the regulations rules on the terms of such pension. It can not be determined different rules for spouses of different gender.

(2) the Spouse pension going to be run from the Member's death and will terminate no later than by the spouse's death. It can be determined in the regulations that the spouse the pension shall cease when it is paid out for at least the spouse pension 10 years. If it also paid children's pension, spouse pension still run up to the right of the children's pension ceases in accordance with section 7-1 the second paragraph first sentence.

section 7-3. Divorced spouse (1) Divorced spouse's right to etterlattpensjon is determined by the rules of marriage laws.

section 7-4. Spouse pensjonens size (1) Spouse the pension to be determined as part of the Member's pension or salary by the Member's death. The member dies before reaching age, the pension contribution to service time imposed by § 4-3 third paragraph be added to reason.

(2) in the regulations it can be determined that there should be deductions from spouse the pension according to the rules of their expected and actual income placed in § § 7-5 and 7-6.

§ 7-5. The spouse who has not filled 67 years (1) in etterlattpensjon to the spouse who has not filled to 67 years, deductions by carrying 40 percent of the trial make that part of the expected annual income as business may exceed 8 times the basic amount in the national insurance scheme. It should still not be made deduction in annual pension for amounts that are less than 10 percent of the base amount.

(2) annual income is expected in business may set out the national insurance scheme, should this be added to reason. By the way to business may be set to income the amount that the spouse from the age, ervervsevne, present opportunities and carrying the circumstances otherwise, is believed to be able to provide them. Change the conditions significantly, the business may be determined on the expected income.

section 7-6. Spouse who is between 67 and 70 years in the survivor's pension to the spouse who has filled 67 years, but not 70 years, to the deduction by business may constitute 40 percent of the trial-that part of the annual income that business may actually exceed 8 times the basic rate in the national insurance scheme. It should still not be made deduction in annual pension for amounts that are less than 10 percent of the base amount.

section 7-7. Etterlattpensjon to the registered partner (1) includes spouse, the pension scheme the pension should also include etterlattpensjon to the registered partner.

(2) the rules in § § 7-2 to 7-6 also applies to etterlattpensjon to the registered partner.

section 7-8. Roommate Board (1) the pension scheme may include etterlattpensjon to the partner at the time the member dies. The rules in § § 7-2 to 7-6 apply in case the equivalent for etterlattpensjon to the partner.

(2) the right to etterlattpensjon for the spouse or registered partner goes in front of the right to partner retirement.

(3) the Member Had at his death divorced spouse or partner, roommate Board with the amount that would have had the right to partner about marriage or registered partnership was entered into with the Member when the roommate relationship was established. This also applies when marriage or registered partnership has been entered into under the roommate relationship.

§ 7-9. General rules (1) the provisions of § § 5-2 to 5-9 also applies to etterlattpensjon so far they fit.

(2) the pension scheme may include children's pension even if it doesn't include the spouse's pension, etc.

Part 3. Pension plan assets Chapter 8. General rules section 8-1. Funds relating to the pension scheme (1) a pension settlement funds include the premium reserve to hedge at any time earned pension, prize fund and pensjonistenes surplus funds. Additional provision related to the pension scheme are included also in the pension plan funds.

(2) Funds related to fripolise are not covered by the pension plan funds.

section 8-2. Disposal of the solidarity funds (1) solidarity funds to be allocated in accordance with the regulations stipulated in or pursuant to the law here.

(2) the funds may not be used to pay pensions or other benefits to workers who are not busy as a member.

section 8-3. The relationship to the entity (1) solidarity funds to be kept separate from the company's assets.

(2) the funds not for obligations the company's books. Funds can not by mortgaging or otherwise be used to secure or to cover the company's creditors.

(3) Funds in the prize fund can still be attributed to the entity by the rules in section 10-4.

section 8-4. Investment management (1) solidarity funds should be managed in accordance with the rules for asset management in life insurance companies and pension funds that applies at any time unless it in accordance with the provision in the regulations agreed upon management with investment options under the rules of Chapter 11.

(2) the interest rate on loans to the entity or members shall be set equal to the usual market interest rates for similar loans. Loan terms shall give access to change the interest rate in accordance with the development of market interest rates.

(3) the return on assets linked to the prize fund should be provided annually premium Fund. Return on assets tied to the surplus fund be provided pensjonistenes to surplus fund.

section 8-5. The distribution of profits (1) the funds be provided the pension scheme as profit for the insurance business law section 8-1 with its regulations, except profit as mentioned in the second paragraph, shall be credited to the company and transferred to the prize fund.

(2) the profit of premium reserve relating to pensions under the full or partial payment, should be provided pensjonistenes surplus funds. Contains the regulations provision as mentioned in section 5-10 third paragraph, should also profit of premium reserve relating to the right to old-age pension for members who receive disability pension, be provided to the Fund.

(3) the provisions of paragraph here does not apply to as far as other follow rules provided with the legal authority in section 9-7 or of the rules on the rate of return of the investment portfolio in Chapter 11.

section 8-6. Special rules for pension funds (1) the return on assets that is infused with a pension fund as responsible capital, shall not exceed a rate which commensurate to the size of the paid-in capital and the risk relating to the deposit.

(2) the Statute of a pension fund can stipulate that a part of the profits under section 8-1 of the law on insurance business by 10. June 1988 No. 39.1 to be withheld in the pension case.

(3) the provisions of section 8-3 the first and second paragraph also applies to the relationship between the entity and risk the leveling and equity funds in the pension case.

section 8-7. Removal of pension scheme Assets associated with a company pension scheme can be transferred to other pension gadgets under the rules of the insurance business law Chapter 6.

Chapter 9. Premium. Premium reserve section 9-1. Premium reserve (1) Premium reserve for a pension plan shall at all times be so great that it after the calculation base for the scheme are sufficient to ensure the right to the pension that members have earned, including the right to disability pension and etterlattpensjon.

In the pension scheme. with performance-based old age security section 9-2. This year's Prize (1) the pension scheme shall each year be provided a prize that after the calculation base for the scheme will be sufficient to ensure the right to the pension that members earn during the course of the year, with the addition of this year's risk premiums and costs after the calculation base. In the calculation base set out in the pension contribution to the age regulations under section 4-1 is added to the reason.

(2) is this year's prize as a result of the pay increase higher than twice the average of the premiums in the previous three years, one-quarter of the amount that exceeds the prize fund, paid next year.

(3) in the creation of it is determined a pension scheme rules on inclusion of past service time in the enterprise, the premium reserve as needed to ensure the right to a pension so inclusion implies, paid as a premium addition by one-third in each year then.

section 9-3. Premium calculation (1) this year's Prize for the pension scheme shall be calculated according to the guidelines (the calculation base) as the company or retirement register has notified the financial audit. The base interest rate for the scheme should be in accordance with the rules laid down by the Ministry.


(2) is a group of the age of the members is set higher than the lowest allowable vesting age, the premium is calculated as follows that the premium payment ceases at the lowest allowable vesting age. Includes the pension scheme premium exemption by disability, should the prize is calculated so that the prize should not be paid for members who are disabled, yet so that the premium exemption should be reduced proportionately for the disability degree.

(3) includes disability pension scheme, the premium is calculated so that the prize should not be paid to members who get paid disability pension. For members who are being paid partly disability, reduced premium exemption proportionately.

(4) include the pension scheme benefits, it should be added to the reason that the company not to pay the premium for the survivor's pension for members who die before reached vesting age.

(5) To former service time from the other pension plan is excluded under the rules of § § 4-11 and 4-12, is considered the time of membership from a similar earlier point in time.

section 9-4. Employees ' grants (1) should the employees pay supplements to the pension scheme, annual grants for each worker not be set higher than 4 percent of the worker's wages calculated under section 5-4.

(2) Grants from a worker should in no case amount to more than half of the premium without charge out addition to be paid for the employee.

section 9-5. The change of the calculation basis (1) Finance Authority may require that the calculation base for the pension scheme be changed if the calculation base does not provide reassuring security for members ' earned pension.

(2) the new calculation should be added to reason by the calculation of premiums that are due after the Finance Authority's decision. A breakeven point of failure for the new premium reserve calculation basis can be allocated over three years with one-third each year.

(3) the regulations should contain the subject right to the change of the prize or other terms if the essential prerequisites for the calculation base is changed. By the way insurance applies to section 9-4.

II. Pension Scheme with engangsbetalt old age security section 9-6. Deposit premium, etc.
(1) the pension scheme shall be provided the deposit premium for the members in accordance with what is stipulated in the deposit premium plan. By the calculation of earned pension is added the vesting age as set out in the regulations under section 4-1, to the reason.

(2) includes the pension scheme also disability and etterlattpensjon, the pension scheme shall each year also be provided this year's prizes for such benefits, jf. section 9-2 the first paragraph. section 9-3 third and fourth paragraph and section 9-4 apply accordingly.

(3) costs for its calculation to be covered in addition to the premium after the first and second paragraph.

section 9-7. Return on investment (1) the King can fix that premium reserve pension earned, as well as age of the funds after the calculation base, yearly to be provided a specific part of the profits or other returns that contributes to the pension scheme.

section 9-8. Limit for deposit premium (1) the King can establish closer to rules that the deposit premium for old age should not exceed a set amount for each Member or a set percentage of the Member's salary. It can be fixed different percentages of salary up to 6 G and for those parts of the salary that is located between the 6 G and 12 G.

(2) in calculating the deposit premium after the deposit premium plan can not be used higher amounts or percentages than that at any time is determined by the King according to the paragraph here.

Chapter 10. Prize Fund § 10-1. The prize fund for the pension scheme (1) the company will have a prize fund for the pension scheme.

(2) the funds in the Fund and prize to be managed in the possession in accordance with the provisions of the law here.

(3) Funds in the prize fund created by the same undertaking to be considered as one fund linked to all pension plans the company has created or joined.

section 10-2. Funds in the Prize Fund (1) prize fund should be provided: a. all supplements to the premium Fund covered by the tax law § 6-46 first paragraph, LITRA c, b. returns on the funds in the prize fund under section 8-4 the third paragraph, c. profit as under section 8-5 or § 5-12 are assigned to the enterprise, d. related to pensions funds that is not going to payout, and e. for very paid cash advance premiums for members that ends in the entity in the course of the year.

§ 10-3. The use of the Prize Fund (1) prize fund can only be used for coverage of: a. this year's premium for pension scheme pursuant to section 9-2 and section 9-6, b. transfer to pensjonistenes surplus funds under section 5-11, c. transfer as mentioned in section 11-1 fourth paragraph, d. cost according to § § 15-5 seventh paragraph and 15-6 fifth paragraph, e. cost according to § 2-12 fourth paragraph.

(2) the company may not use the funds in the prize-fund for purposes mentioned in the first paragraph, LITRA b, d and e, unless the prize fund will still be sufficient to ensure that this year's Prize and the prize for next year are paid.

(3) a pension fund Has lost its responsible capital, funds can also be used in the prize fund to cover the missing premium reserve.

§ 10-4. Transfer to the entity (1) is this year's Prize Fund by output greater than six times the average of the year's Prize and the prizes for the two previous years for the pension plans the company has, to the company make sure that the excess amount be returned to the company.

(2) the company may decide that funds in the pension premium Fund that exceeds half of the border after the first paragraph, should be transferred to the entity. Before the decision on the transfer of the enterprise, to meet the question be submitted to the Steering Group for the pension scheme or the Board of the pension coffers to the opinion.

Chapter 11. Pension scheme with investment choice section 11-1. Performance-based enterprise pension with investment choice (1) the company may in accordance with the provisions of the regulations deal with the institution that funds equivalent pension plan premium reserve for retirement or for benefits as mentioned in chapters 6 and 7, should be managed as an investment portfolio assigned to the pension scheme. The agreement shall specify how the portfolio must be set up and what access entity shall have to change the composition.

(2) before undertaking agreement under subsection or change the composition of the investment portfolio, the Steering Group should be provided the opportunity to make a statement.

(3) return on investment beyond what is assumed in the plan calculation basis be transferred the pension premium Fund. Is the return on the part of the investment portfolio which correspond to the prize associated with pensions reserve during the payout higher than assumed in the plan calculation basis be provided excess return pensjonistenes surplus funds.

(4) is the return on the investment portfolio in an accounting period are not as great as provided in the calculation basis of the pension scheme, the institution shall immediately request that the difference will be covered by transfer from the prize fund or by grants from the company, unless the difference is covered under rate of return as mentioned in the warranty section 11-5, third paragraph. The institution responding to the insured that the difference will be covered.

section 11-1a. Engangsbetalt Enterprise Board with collective investment choice (1) is set out in the regulations that the funds corresponding to pension plan premium reserve for old age should be managed with collective investment choice, should the company enter into agreement with the institution about how investment portfolio must be set up and what access entity shall have to change the composition. Before undertaking does this, the Steering Group should be provided the opportunity to make a statement.

(2) returns and loss of managing the investment portfolio should be assigned and allocated annual portfolio between the members for earned premium reserve.

(3) it can be determined in the regulations that the members ' premium reserve for old age should be managed in different or in the same investment portfolio. Distal convoluted tubule has to in the case be made on the basis of the Member's age so that the earned premium reserve for members with few years left to right to withdrawal of the pension being managed on a particularly reassuring way.

section 11-2. Individual investment portfolio (1) when the pension scheme have engangsbetalt old age pension, the entity in accordance with the provision in the regulations deal created own pension account of each Member and that should be assigned to each account a pension investment portfolio corresponding premium reserve for the old age pension the Member has earned.

(2) the principal shall have access to change the investment portfolio. The cost of change is charged pension account or covered by the account holder.

(3) the return on the investment portfolio should each year contributes to the pension account. Principal carries the risk that the value of the investment portfolio will be reduced, when nothing else is stipulated in the regulations or by agreement with the institution.

(4) Funds related to own pension account can only be moved to another institution according to the rules in section 8-7.

(5) when the Member ends in the entity with the right to old age, as soon as the nascent to be entitled to earned pension, complete with premium reserve and a proportionate share of the additional provisions be ensured by fripolise under the rules of § § 4-7 to 4-10.

section 11-3. Prize Fund with investment portfolio (1) the company may agree that the funds in the pension premium Fund should be managed as an investment portfolio. Entity shall have access to change the investment portfolio.

(2) the return on the investment portfolio should be provided each year Prize Fund. The company carries the risk that the value of the investment portfolio will be reduced, when nothing else is agreed with the institution.

section 11-4. Requirements for investment portfolio (1) an investment portfolio may consist of a) shares of the mutual funds, b)

shares in a particular investment portfolio, and c) cash and liquid assets are equivalent.

(2) a special investment portfolio set up by the institution in accordance with the guidelines for investment management in life insurance and pension companies.

section 11-5. Registration and change of investment portfolio (1) Assets assigned to the individual investment portfolio should be recorded so that it is clear which assets which are included in the portfolio.

(2) at the change of an investment to the market value Portfoliodeleting composition of the assets added to reason by the netting.

(3) Attach the institution to an investment rate of return guarantee portfolio, to the institution require special allowance for coverage of the security risk.

Part 4. Corporate conditions. Company changes. Termination of Chapter 12. The corporate relationship, etc.

section 12-1. Common pension scheme for corporate enterprises (1) Several undertakings in the same group can create private pension scheme if they together fill the minimum requirements in section 2-2. A company in the group can also join the pension scheme as are created by one or more other group companies.

(2) Financial Audit can agree that other companies who have similar close proximity to each other, have a common pension scheme.

section 12-2. Group section (1) Workers in each of the enterprises shall constitute a separate group within the pension scheme. Financial audit determines in which group the archipelago a worker to belong to.

(2) the provisions of sections 3 to 7 and 9 to 11 apply in relation to the members of each group. It can be fixed special pension plan for each group.

(3) the provisions of the first and the second paragraph does not preclude that: a. it is determined the public pension plan and used the same calculation basis for all members of the private pension scheme, b. it is determined that the service time for the members of the private pension scheme should be calculated as the total service time by continuous employment in enterprises which are included or have entered into within the group.

section 12-3. Premium, profit, etc.
(1) annual premium and other supplements to the pension scheme shall be allocated between the enterprises on the basis of the amounts needed to ensure they earned pension for members who are included in each group.

(2) none of the enterprises can be charged with a larger share of the prize than provided for in the first paragraph.

(3) returns and profits, as well as other income and charges relating to the pension scheme shall be allocated between the groups according to the current rules.

section 12-4. Public funds (1) the pension scheme may have one common Prize Fund and one common pensjonistenes surplus funds.

(2) at the disposition of the funds in a common fund shall apply the rules of section 12-3 accordingly. It should be accounting for public funds to ensure that the provisions of section 12-3 are complied with.

section 12-5. The cessation of the consolidated relationship (1) sold a corporate enterprise or business unit ceases the relationship in any other way, to the company and its group of members separated from the private pension scheme. The same applies if the association relationship, as mentioned in section 12-1 the second paragraph expires.

section 12-6. Allocation of funds to the utskilte entity (1) by the secretion to the part of the private pension funds arrangements that relate to the members of the entity's group, be assigned to the entity. Is the entity sold or consolidated the relationship ceased in some other way, the prize fund exempted from allocation if the entity's group of workers with membership account for less than one-third of the workers who are members of the private pension scheme.

(2) To the entity from the public pension scheme are secreted in the Pension Fund, to the entity also be assigned a. part of the risk fund after leveling calculated the ratio of the premium reserve for the members of the entity's group and the premium reserve for other members in the pension scheme b. equity as the utskilte entity has infused with pension cashier, and a portion of the equity in pension checkout that are not paid-in capital, calculated by the relationship between the premium reserve for the members of the entity's group and the premium reserve for other members in the pension scheme , unless the company is sold or consolidated the relationship ceased in any way and the company's group of workers with membership account for less than one-third of the workers who are members of the pension scheme.

section 12-7. The application of the funds assigned to the utskilte entity (1) The assets that are assigned to the utskilte entity according to the rules in section 12-6, to be applied to ensure the members of the entity's group corresponding right to pension according to the rules in paragraph here.

(2) To the members of the entity's group secured the right to a pension in the new pension scheme in another pension to the mapped device, the funds are transferred to the retirement facility according to the rules in section 8-7. Is the new pension scheme created in the life insurance company and is the entity assigned funds pursuant to section 12-6 second paragraph, anyway a. part of the risk level assigned to the Fund be transferred to the prize fund b. assigned to equity are reversed to the enterprise.

(3) To the pension scheme for the members of the entity's group expired, should members be ensured the right to pension according to the rules in section 15-3. Is the entity assigned funds pursuant to section 12-6 the second paragraph, the second paragraph, second sentence accordingly.

Chapter 13. The merging of enterprises section 13-1. Scope (1) the provisions of chapter here comes by the merger of undertakings when at least one of the enterprises has a pension scheme at the time of the merger.

(2) the provisions of chapter here does not preclude that the merged entity may have parallel pension schemes.

In the entity to have. pension plan section 13-2. The creation of the new pension scheme (1) should the entity after the merger have pension scheme, the new pension scheme are created after its own rules in the law here.

(2) the new pension scheme shall take over the obligations according to the previous arrangements in the companies that merged, unless all previous schemes to stop and wound up under the rules of the law here.

(3) sets out the pension plan for the new scheme lower benefits than pension plan of a previous arrangement, the former pension plan be continued according to the rules in section 13-3. Are pension plan has not continued, the sections 5-8 and 5-9 accordingly.

(4) third paragraph, second sentence applies if the calculation base for the new pension scheme involves change as mentioned in section 5-8, third paragraph.

section 13-3. Continuation of the previous pension plan (1) continuation of the pension plan under section 13-2 third paragraph can only happen when all pension plans for companies participating in the merger, will be continued. A pension plan that is, to apply to the members of the former scheme at the time of the merger.

(2) the pension scheme Is created less than three years before the time of the merger, pension plan can only be continued with the consent of the financial supervision. The same applies to the change in the pension plan, or other significant changes to the regulations made less than three years before the merger.

(3) Financial Audit shall be given notice of continuation of the previous pension plan, attached to the report and documentation that shows that the conditions for the continuation is met.

section 13-4. Assets related to the previous pension scheme (1) when the new pension scheme will take over the obligations according to the previous arrangements in the companies that merged, should the funds related to the earlier arrangements are transferred to the new pension scheme. The rules in section 8-7 applies so far they fit. Before the transfer to profit in a previous arrangement be distributed according to the rules in sections 5-10, 5-12 and 8-5.

(2) Premium reserve relating to the ongoing pensions, as well as prize fund and other assets and provisions from previous schemes should nevertheless be treated as different parts of the new pension plan assets for a period of three years from the time of the merger. The access for the company to reverse the prize fund funds pursuant to section 10-4 second paragraph applies in relation to the different parts of this period. Until the expiry of the three-year period shall apply the rules of section 12-4 about the disposal of the private fund accordingly.

(3) the new pension scheme before the period of three years has expired, to each part of the prize fund, pensjonistenes surplus funds and other funds and provisions Excel outlines special under the rules of the law here. The same is true when the entity is split or its business shared or partially discontinued.

(4) have the merged entity created the new pension scheme in the life insurance company and has joined in the enterprise that the merger had a pension scheme in the Pension Fund, the first to the third paragraph by the transfer of pension plan assets to the new pension scheme. By the way to such pension fund wound up under section 15-4.

(5) To the earlier pension arrangements in companies participating in the merger stop and wound up because the new pension scheme does not assume the obligations according to the previous arrangements, the rules in section § 15-3 and 15-4, still allowing a. distribution of prize fund under section 15-3 third paragraph be made only for as far as the needed funds from the pension premium Fund to ensure the right to earned pension in accordance with § § 5-8 and 5-9 , b. other funds in the pension premium Fund is transferred to the prize fund for the new pension scheme in accordance with the first to the third paragraph.

II. The entity should not have pension plan section 13-5. Continuation of the previous pension scheme (1) the new entity Should not have their own pension scheme, the pension scheme for an undertaking which are covered by the merger, for the members of the scheme at the time of the merger. Continuation can only happen when all arrangements will be continued.


(2) the pension scheme Is created or modified less than three years before the time of the merger, the section 13-3 the second paragraph accordingly.

(3) the financial supervision to be given message that mentioned in section 13-3 third paragraph.

section 13-6. Funds associated with the previous arrangements (1) two or more previous pension schemes be continued under section 13-5, can the funds related to the earlier schemes be merged and in case be treated according to the rules in section 13-4.

section 13-7. The liquidation of the former pension plans (1) a pension plan that is not continued pursuant to section 13-5, to stop and wound up under the rules of the law here.

Chapter 14. Sharing of enterprises, etc.

section 14-1. Sharing of the enterprise (1) being a company divided into two or more new companies, the pension scheme shall be divided in the same way according to the rules in paragraph here, unless the pension scheme be continued as the common pension scheme for the new enterprises under the rules of Chapter 12. The members to be transferred to each of the enterprises, are to be considered as a separate group.

(2) the pension plan assets should be allocated and transferred to the pension schemes for the new enterprises on the basis of the premium reserve for each group's right to the pension. Before the Division of the funds will profit in the pension scheme be distributed according to the rules in sections 5-10, 5-12 and 8-5. Prize Fund to be distributed proportionately by the average for each of the groups of the annual prizes in the sharing the year and the three following years, calculated from the pension benefits and pay conditions by the Division.

(3) Have the companies shared pension scheme in the Pension Fund, the pension cash register wound up under section 15-4, still so that risks leveling and equity fund is divided and assigned to each of the new companies on the basis of the premium reserve for each group of members.

(4) each of the new enterprises will use the assets assigned to the company and its group members to ensure the members corresponding to a pension scheme in different pension gadgets. Members of the pension scheme that are not to be transferred to the new enterprises, should be ensured the right to earned pension under the rules of § § 4-7 to 4-9. Become part of the entity's business in connection with the Division discontinued, applies to section 14-3 accordingly.

(5) is a company established by the Division and then joined together with another business entity, applies the rules in chapter 13.

section 14-2. Separating a part of the enterprise (1) becomes a part of the entity to own companies, separated and will be a part of the members of the pension scheme is transferred to the new entity, applies to section 14-1 accordingly. It is less than a third of the workers who are members of the company's pension scheme to be transferred to the new entity, still a prize fund exempted from allocation by section 14-1 the second paragraph, b. breakdown by section 14-1 third paragraph unnlates.

(2) is in the enterprise and business has been transferred to different companies, and will be a part of the members of the company's pension plan is transferred to this entity, the first paragraph accordingly. This entity has its own pension plan, applies the rules in § § 13-2 to 13-4 accordingly. By the way to the funds assigned to this group of members can be used to ensure the right to a pension under section 13-5 or § § 4-7 to 4-9.

section 14-3. Liquidation of the business of the entity (1) becomes a business of the entity, to be separated and discontinued the funds related to the pension scheme are allocated between the Group of members that must end in the enterprise, and the Group of members who are back in the undertaking, according to the rules in section 14-1 the second paragraph. Is the pension scheme in the Pension Fund, the Fund shall be allocated leveling after risk policies section 14-1 third paragraph.

(2) Involves the shut down of the business that less than two-thirds of the workers who are members of the pension scheme must end in the enterprise, yet a prize fund not be included in the distribution for the first paragraph, b. breakdown by section 14-1 third paragraph unnlates.

(3) Funds awarded to the group to stop in the enterprise, will be used to ensure the members ' right to pension under the rules of § § 4-7 to 4-9. section 15-3, third paragraph, third and fourth period applies.

(4) Paragraph here also applies if the business of the company curtailed during the two years in such a way that it must be equated with a liquidation of a business. Financial audit determines in the Ministry if this is the case.

Chapter 15. Termination and liquidation § 15-1. Termination of the pension plan (1) the company may decide that the pension scheme shall cease. Before the decision to meet the issue of termination be submitted to the Steering Group for the pension scheme or the Board in pension case.

(2) the pension scheme shall cease when the meet's decision that the business of the entity to be wound up. The same is true when it follows from the provision of the law here that the pension scheme shall cease.

(3) to stop the entity to pay the premium to the pension scheme, and the absence of funds in the prize fund to the coverage of the prize, to the scheme expired.

section 15-2. The liquidation of the enterprise (1) should the company wound up because its business is transferred to the other companies, applies the rules in chapter 13 corresponding so far they fit if at least two-thirds of the workers who are members of the company's pension scheme at the same time be transferred to the other entity. Members that are not transferred, shall be ensured the right to a pension in accordance with the rules of § § 4-7 to 4-9.

(2) to be less than two-thirds of the workers who are members of the company's pension scheme is transferred to the second entity, the pension scheme shall cease and wound up according to the rules in section § 15-3 and 15-4.

section 15-3. The liquidation of the pension scheme (1) when a pension plan terminates, to the funds related to the scheme are distributed and applied in accordance with the provisions of paragraph here, unless otherwise specifically provided for in the law. The distribution of the funds to be determined on the basis of calculations made by the person in charge actuary.

(2) the funds related to the scheme shall be allocated to the members at the time of the termination of the scheme. Before the allocation will be profit be distributed according to the rules in sections 5-10, 5-12 and 8-5.

(3) the solidarity funds to be distributed on the basis of the premium reserve for each Member. The prize fund is allocated between the members as at the termination point does not have the right to ongoing pension, for the average of the annual premiums in fire and the following year the three years for each Member, calculated from pension benefits and wage conditions on the termination time. No one should still be assigned more than that from the pension premium Fund needed to ensure continued premium payments for up to five years or in the case of a shorter period until the reached the vesting age. The rest of the prize fund will be in the case be transferred to the entity.

(4) Funds allocated to a member will be used to ensure the Member's right to a pension under the rules of § § 4-7 to 4-9 and still premium payment.

section 15-4. Special rules for pension funds (1) when a pension fund ceases and wound up, the funds in the Fund risk is transferred to the leveling Prize Fund.

(2) equity in pension cashier after the end statement is to be applied as provided for in the Statute. By the way can the equity with the financial authority's consent will be paid to the entity.

section 15-5. Conversion to other enterprise pension scheme and closing (1) transformation of pension scheme with performance-based old age pension to an arrangement with engangsbetalt old age pension, or vice versa, be carried out in that it is made necessary changes in the regulations and the pension plan.

(2) Premium reserve for the right to pension earned before the transformation should be used to ensure the right to a pension after the new pension plan. sections 5-8 and 5-9 applies accordingly. To the pension scheme after the transformation have performance-based old age, applies the rules on inclusion of service time in section 4-12 accordingly during the calculation of members ' right to retirement after the new pension plan.

(3) the reserve Is entitled to premium for pension earned before the transformation is not sufficient to ensure the right to a pension after the new pension plan, covered the missing by transfer from the prize fund or by grants from the company.

(4) the transmutation of a pension plan is without impact on the rights that are, by people who get paid pension.

(5) when creating the arrangement with engangsbetalt old age pension can choose to lead the company further performance-based enterprise pension scheme for workers who are members of this scheme at the time of its creation. Workers should be able to choose to go over to the new arrangement with engangsbetalt old age pension. It carried forward the scheme cannot be changed so that the design of the right to old age pension, disability pension and survivor's pension in the two schemes provide benefits that are in a less reasonable relative to each other than at the time of the creation of the new arrangement.

(6) the company may choose to just continue the performance-based enterprise pension scheme for workers that is a member of the scheme at the time of the creation of new enterprise pension scheme with engangsbetalt old age pension, and who then have 15 years or less left to the vesting age. By such a continuation of the company pension scheme, are not included in these workers of the fifth paragraph, second sentence. Fifth paragraph, third sentence applies.

(7) if the pension plan administration reserve is not sufficient to cover the costs related to the issuance of free policies by transmutation and closing after the paragraph here, to the remaining costs are covered by the first funds in the prize fund and then by payment from the company if the funds in the prize fund is not sufficient.

section 15-6. Transmutation to deposit a pension scheme or pension scheme and closing

(1) an undertaking which has a pension scheme by law here and that instead it will create a pension scheme after the deposit or retirement pension law Act, to liquidate the pension scheme under the rules of the chapter here. Prize Fund associated with the pension scheme can still be transferred as deposit fund for the new pension scheme.

(2) the company may choose to continue the performance-based enterprise pension scheme for workers who are members of this scheme at the time of the creation of the new defined contribution pension scheme or pension scheme. Workers should be able to choose to go over to the new defined contribution pension scheme or pension scheme. section 15-5 fifth paragraph, third sentence applies.

(3) the company may choose to just continue the performance-based enterprise pension scheme for workers that is a member of the scheme at the time of the creation of the new deposit pension scheme or pension scheme, and who then have 15 years or less left to the vesting age. In that case, shall also members who are incapacitated or disabled with the right to sick leave be included in the ongoing scheme. By such a continuation of the company pension scheme, are not included in these workers of the second paragraph, second sentence. Members as mentioned in the second sentence should at recovery without the right to disability pension go over to deposit the pension scheme or pension scheme. section 15-5 fifth paragraph, third sentence applies.

(4) the company may, in agreement with the workers or their organizations continue the performance-based enterprise pension scheme for members who are incapacitated or disabled with the right to sick leave at the time of the creation of the new deposit pension scheme or pension scheme. Members with the right to disability pension with a disability rate of 100 percent will still be ensured by fripolise. Members as mentioned in the first sentence shall have the right to choose to go over to the new defined contribution pension scheme or pension scheme. They are going to go over to deposit the pension scheme or pension scheme by fresh message without the right to disability pension, and it should then be issued fripolise from the defined benefit pension scheme, enterprise. section 15-5 fifth paragraph, third sentence applies.

(5) if the pension plan administration reserve is not sufficient to cover the costs related to the issuance of free policies by transmutation and closing after the paragraph here, to the remaining costs are covered by the first funds in the prize fund and then by payment from the company if the funds in the prize fund is not sufficient.

Chapter 16. Entry into force. The transitional rules. Changes in other laws § 16-1. Entry into force (1) the law will take effect from the day the King decides. 1 The some parts of the law can be put in force for different time.

section 16-2. The transitional rules (1) the regulations for pension plans that are created before the law is in force, shall be modified in accordance with the requirement in section 2-1 4th paragraph no later than two years after the law went into effect.

(2) a pension scheme that is created before the law is in force, and that does not fill the minimum requirements in section 2-2 first and second paragraph, may not be requested discontinued under section 2-2 third paragraph before five years after the Act came into force.

(3) in relation to the rules for membership in § § 3-3 to 3-11 applies to the following transition rules: a. the provisions of § § 3-3 first paragraph, 3-5 first paragraph and 3-6 will take effect seven years after the law is in force. In the time until these regulations are in force is in lieu of the corresponding provisions in section 4 No. 1, second sentence, and section 4 No. 2 letter a and b in regulation 28. June 1968 No. 3 of private occupational pension schemes according to the tax law § 44 first paragraph letter k.

b. When nothing else follows from the letter a, to the rules on the right to membership apply in relation to the pension plan created before the law came into effect from the time the regulations for the pension scheme is changed as mentioned in the first paragraph, or, for pension plans created by enterprises with the workers who are members of the pension benefit for the sailors, no later than ten years after the Act came into force. The provisions of section 3-11 and section 5-1, third paragraph, first sentence applies to workers who have reached retirement age after the time mentioned in the first sentence.

c. Extensions as a result of the provisions of the letter a or b shall have no effect on the base interest rate as the original life insurance contract let to the reason.

(4) For pension plans created before the law came into force, applies section 4-2 the first paragraph only earning of pension on the basis of service time after the regulations are modified as mentioned in the first paragraph. The pension earned by service time before this point in time, is calculated for previous applicable regulations.

(5) the provisions of § 4-4 applies to change of position after that the regulations are modified as mentioned in the first paragraph.

(6) the provisions of § 4-5 applies to workers that when retirement age after the regulations are modified as mentioned in the first paragraph.

(7) the provisions of § § 4-6 and 4-7 applies to members who is leaving the company after the regulations are modified as mentioned in the first paragraph, however, section 4-7 first paragraph third period of access to the transfer of premium reserve to individual pension insurance agreement after tax law, also applies to fripolise issued according to the previous current rules.

(8) in relation to the pension plan created before the law is in force, apply to § § 4-11 to 4-13 only people that have been members since the regulations are modified as mentioned in the first paragraph.

(9) For pension plan created before the law came into force applies to § § 5-1 to 5-6 from the time the regulations are modified according to the first paragraph. The provision in section 5-1, third paragraph, applies to workers who have reached retirement age after this point in time.

(10) the provisions of § 5-7 does not preclude that a pension scheme that is created before the law is in force, provisions of the pension plan that would be in violation of section 5-7, as to people who was a member of the pension scheme when the law came into force. The regulation of pensions after § § 5-10 to 5-12 is made the first time after pensjonistenes surplus funds are infused with profits under section 8-5 the second paragraph.

(11) For pension plan created before the law came into force, applies the provisions of chapters 6 and 7 from the time the regulations are modified according to the first paragraph.

(12) the provisions of section 8-2 the second paragraph is not a hindrance for the payment of pension to workers or their survivors who received such a payment before the law is in force, yet not out over a period of three years from this point in time.

(13) the provisions of section 8-5 applies to the distribution of the profits that are being added to the pension scheme from the first calendar year after the law is in force.

(14) If a pension plan created before the law came into effect, the premium reserve pursuant to section 9-1 that is not sufficient if the earned pension for all members is calculated under section 4-2 the first paragraph on the basis of overall service time in the enterprise, will be missing premium reserve be provided from the pension premium Fund or from the entity within 10 years after the law is in force. At least 20 percent of the missing Prize should be covered reserve within 3 years, at least 40 per cent within 5 years and at least 80 percent within 8 years. Is not at least half of this lack of premium reserve covered within 5 years after the law came into effect, to profit as covered by section 8-5 the first paragraph be included in premium reserve until the missing premium reserve is covered, unless otherwise determined by the Financial Audit under section 2-7.

(15) section 9-2 third paragraph apply accordingly during the recording of new groups of workers as a result of the provisions of Chapter 3.

(16) For the pension plan created before the law came into effect, the premium under section 9-2 is calculated on the basis of service time after the regulations are modified as mentioned in the first paragraph.

(17) the funds in the prize fund that exceeds the limit in § 10-4 first paragraph shall, within two years after the law is in force be used to cover up the missing premium reserve as mentioned in 14. joints and, incidentally, be transferred to the entity.

(18) the return of funds in the pension premium Fund according to § 10-4 second paragraph may not be made before missing premium reserve as mentioned in 14. joints are covered.

(19) for the purposes of § 10-4 first and the second paragraph in the first ten years after the law is in force, to the limit of the Prize Fund's size is calculated on the basis of the average of this year's Prize and the prize for the four previous years, but so that the premium for a single year cannot be set lower than half of the prize in the of these five years where the prize is the highest.

(20) For pension plans that are created before the law is in force, apply to § § 11-1 and 11-3 from the time the regulations for pension plans are modified in accordance with the first paragraph.

(21) the provisions of chapters 13 to 15 do not apply to the agreement or decision regarding the merger, Division or liquidation placed or hit before the law is in force. Agreement or the decision must be completed no later than two years after the law went into effect. The time limit of two years in section 14-3 fourth paragraph is considered from the time the law came into force. Before the distribution of the funds in the prize fund pursuant to § 15-3 third paragraph should prize fund is used for the first to cover up the missing premium reserve as mentioned in 14. joints. The same is true at the transmutation under section 15-6.

(22) the funds in the prize fund as mentioned in section 16 of the regulations section 6 of 28. June 1968 No. 3 of private occupational pension schemes according to the tax law § 44 first paragraph of the letter k, to be transferred to the solidarity prize fund within five years after the Act came into force. The regulations section 17 applies accordingly.


(23) For pension funds created before 1. July 1968 applies the provisions of section 16 section 7 and section 17 of the regulations of 28. June 1968 No. 3 of private occupational pension schemes according to the tax law § 44 first paragraph letter k. For the pension fund that is by-Fund under section 9 of the regulations applies to the provisions of section 17.

(24) within 5 years after the year the law on Enterprise Board is applied, the pension regulatory fund after tax law wound up in that the funds in the Fund be used for pensions in accordance with the regulations of the pension scheme, or transferred to the prize fund related to the company's Enterprise pension scheme.

(25) the King determines the remaining transitional rules.

section 16-3. Changes in other laws A from the time the Act comes into force, the following changes in other laws:--1 of the law of 26. March 1999 Nr. 14 about the tax on wealth and income (tax law) made the following changes:--section 6-46 should read:---2.
Transition rules to section 6-46 should read: (1) if the premium reserve related to a company pension scheme by the entry into force of the law is not sufficient to ensure as a result of earned pension that this is calculated according to the regulations that apply after that law is in force, and the service time from the time before the law came into force are considered by calculation, the following applies: the entity can in these cases use funds in the prize fund to cover up the missing premium reserve , or cover this by grants from the company if this is done before the expiry of ten years after the year the law on Enterprise pension came into force. For such grants can claim the credit as the company premium after the law of 26. March 1999 on tax on wealth and income section 6-46.

(2) the pension fund after the law of 18. August 1911 Nr. 8 in the tax on wealth and income section 44 first paragraph letter k which is collecting funds as mentioned in section 10 of the regulations of 28. June 1968 No. 3 of private occupational pension schemes after tax act of 1911, shall be attributed to the enterprise if the enterprise pension scheme is not created within three years after the law on Enterprise Board is in force. Amount that is reversed to the enterprise, shall be taken to income in the year reversal.

(3) the pension fund after tax law of 18. August 1911 Nr. 8 § 44 first paragraph letter k which is by-Fund under section 9 of the regulations of 28. June 1968 No. 3 of private occupational pension schemes after tax act of 1911, and the corresponding pension funds created before 1968, to be wound up within three years after the law on Enterprise Board is applied if the entity has the enterprise pension scheme. The funds in the Special Fund should be provided in the case of the pension scheme. Tax Court after the law of 26. March 1999 on tax on wealth and income section 6-46 also applies for grants to special funds that should not be wound up, yet not in more than three years from the year of income law on Enterprise retirement takes effect.

(4) the Ministry may fix other transitional rules in connection with the implementation of the law on Enterprise pension.