Regulations on early retirement to the date of the Earth users-1999-02-03-190 Ministry the Ministry of agriculture and food published in 1999 503 entry into force 01.01.1999 Recently changed-2014-09-03-1144 Change applies to Norway Pursuant LAW-1995-05-12-23-section 3, LAW-1995-05-12-23-section 18, the Storting decision Announced Targeted 17.12.2002 (section 11) short title regulations on early retirement to the users the legal authority established by the Ministry of agriculture: (now the Ministry of agriculture and food) 3. February 1999 under the legal authority of the law of 12. May 1995 No. 23 about the Earth (jordlova) § 3 and § 18 and with the legal authority of the Standing Committee on the resolutions of the 18. June 1998 on agricultural settlement.
Changes: modified by regulations June 30, 2000, no. 707, 21 nov 2000 Nr. 1185, 1 Feb. 2001, Nr. 99, 25 Aug. 1999 Nr. 1631, 21 nov 2001 No. 1368, June 28, 2002 No. 736, 26 June 2003 No. 789, 5 nov 2003 Nr. 1561, 8 nov 2005 Nr. 1276, 28 June 2007 No. 728, June 26, 2008 # 728, 5 feb 2010 No. 116, 3 nov 2010 Nr. 1401, 3 sep 2014 Nr. 1144. Corrections: 17.12.2002 (section 11).
§ 1. Purpose early retirement after this regulation should help to facilitate the generation of transitions in agriculture for those who have had the bulk of their income from agriculture/horticulture and forestry.
§ 2. Scope this Regulation applies to the real estate transfers that are contracted 31. December 1998 or later, and by forpaktningsavtaler1 which is terminated this date or later.
The County may, in a special review grant applications for early retirement by the real estate transfers that are contracted 1. May 1998 or later, and at the forpaktnings agreements terminated this date or later.
§ 3. Definitions in this regulation means;
1) user; Anyone who owns the agricultural property or taking part in the operation of such property with own effort or by rental 2) cohabitants; parties who have lived uninterrupted in a ekteskapslignende relationship in the last 5 years before the time 3) reference period; five consecutive years in which last year is 2 years back in time in relation to the application the year 4) reference income; the sum of the proceeds referred to in letters a-d in the reference period divided by 5;
a) business income from agriculture/horticulture b) business income from forestry c) paid sick leave that is earned by the business as mentioned in letters a and b d) wages that are paid from the user to the partner for its work on agricultural property.
5) other income; the sum of the proceeds referred to in letters a-e in the reference period divided by 5;
a) earned income b) business income from fishing and trapping and other nutrients that are not covered by section 7 the second paragraph letter a c) paid sick leave earned through income as mentioned in letters a and b d) paid unemployment e) paid disability, work avklarings money that is not covered by section 7 second paragraph, LITRA c.
6) total income; the sum of the reference income and other income 7) enbrukerpensjon; early retirement provided user 8) tobrukerpensjon; early retirement provided user and his spouse.
§ 4. The transfer to be eligible early retirement can use and/or his spouse no longer owning agricultural property, drive or have business income from the farming/horticulture, or forestry. The recipient of the early retirement cannot be the owner of or have business interests in companies that drive such activities.
At disposal to the property hjemmelen must be registered transfer on the new owner. If the sale is konsesjonspliktig according to the law 28. November 2003 No. 98 of the concession by the acquisition of real estate (concession) etc.., and buyer after the purchase contract has taken the risk of concession, it is sufficient that the copy of the registered transfer purchase contract is available in the search time. By forpaktning1 to forpaktnings the agreement be written dismissed.
Use and/or your spouse can no longer own or forpakte agricultural property or engage in agriculture/horticulture or forestry, or have business income from such business. The recipient of the early retirement cannot be a participant or shareholder of a company engaged in the agriculture/horticulture, or forestry.
The County Governor may in special cases make exceptions from the first paragraph when: a) user, and his spouse owns their agricultural property and these operated as independent units. It can be granted early retirement to the confer agricultural property, without the requirement that the other party must assign his agricultural property. It can be granted to the user and enbrukerpensjon both his spouse as a result of their real estate transfer.
b) user or your spouse is the owner or part owner of an agricultural property that has the character of holiday property, which has been in operation in the reference period, and that after the County man's review will not come into operation. It can be granted early retirement even if such agricultural property is not transferable.
§ 5. Duration in the industry to trigger early retirement must spend on the vesting or termination time either a) have driven agriculture/horticulture even in at least 15 years, or b) have leased out to the agricultural operation for the period so that the total period for their own operations or hire account for at least 15 years.
To trigger the tobrukerpensjon must in addition your spouse by the vesting or termination time have lived and worked on the agricultural property in the last 5 years.
In early retirement cannot be awarded the period transition from,-to tobrukerpensjon or vice versa.
section 6. Age limits in order to be entitled to enbrukerpensjon user must have filled 62 years. To be entitled to tobrukerpensjon must in addition, spouse/partner have filled 57 years.
The right to early retirement for user and lapses spouse at the end of the month user fills 67 years. If your spouse is older than the user, spouse/partner goes out of the scheme by the end of the month this fill 67 years, while the user continues with his tobrukerdel until the age of 67 years. If the user goes out of the scheme before the age of 67 years, spouse/partner can continue with his tobrukerdel until the end of the month user fills 67 years.
section 7. Reference income user's and spouse's/partner's overall reference income must be at least 90,000 dollars. The average business income in the reference period from agriculture/horticulture must constitute at least 25 percent of the overall reference income.
The County may, in a special assessment;
a) let the business income from the fishing, trapping and other industry that operated as additional nourishment to the agriculture part of the reference income b) waive the requirement in the first paragraph first sentence for applicants who have had a lower income level c) admit that are not enbrukerpensjon less than 70,000 dollars or tobrukerpensjon that is not lower than 110,000 kroner for applicants who do not meet the requirement of the first paragraph first sentence due to rehabilitation , rehabilitation or full or partial disability. 1 section 8. Revenue requirements to trigger the enbrukerpensjon user's reference income must constitute at least 67 percent of the user's overall income, or user's and spouse's/partner's overall reference income must constitute at least 50 per cent of their total income.
§ 9. Additional requirements to trigger the tobrukerpensjon spouse must have less than 100 000 dollars in other income and user's and spouse's/partner's overall reference income must constitute at least 50 per cent of their total income.
§ 10. The sharing of tobrukerpensjon Tobrukerpensjon be divided equally between the user and your spouse. The same distribution is maintained by divorce/breakups.
If the user or spouse who receives the tobrukerpensjon dies in early retirement period, surviving the party over at enbrukerpensjon.
Early pension ceases for user and your spouse at the end of the month user fills or would filled 67 years.
section 11. Coordination and truncating It provided not early retirement after this regulation for the period of time it provided pensions, or it is granted the avklarings money, disability pension, survivor's pension or after the law 28. February 1997 Nr. 19 about national insurance scheme kap. 11, 12 and 17.
The payment of early retirement shall not exceed user's and possibly the spouse's/partner's overall reference income.
User and your spouse can separately have income as mentioned in § 3 No. 5 letter a-c in addition to early retirement.
§ 12. Submission and processing of applications the application to be filed on the application form provided for by the Agriculture Directorate and submitted to the municipality.
The municipality verifies that the application is filled in, all right that the required documentation attached and follow if necessary give statement in the case. The municipality will send the application with attachments to the County that decides the application.
section 13. The calculation and the payment of early retirement early retirement is calculated, starting with the month the requirements in the scheme are met and the application with all the required documentation has come the municipality in May.
Early retirement is paid quarterly.
If the spouse/partner in a tobrukerpensjon is younger than the user, can the spouse/partner choose whether the sum total of the early pension to be paid out to the user fills the 67 years, or whether it should be paid until the spouse/partner fill the 67 years.
By use of the direct payment card fee may be required. It is not allowed to assign the claim early retirement to ownership or pledge.
Calculated amount less than NOK 500 per quarter will not be paid out.
Rates for, and tobrukerpensjon will be set out in or pursuant to the agricultural settlement.
section 14. Consent Use and your spouse can claim to get a preliminary commitment on whether they are eligible for early retirement. Pre-release tilsagnet is valid for 6 months from it's come forward to seek.
section 15. (Repealed by regulation 28 June 2002 No. 736, in force 1 July 2002).
section 16. Control the municipality or the Agricultural Directorate provides the authority to take control of the payment of early retirement is in accordance with this regulation.
The applicant is obliged to provide the necessary information and documentation and to accept the control measures that will be implemented.
§ 17. After payment and repayment by the wrong payments the recipient of the early retirement is obliged to inform the community about changes in conditions that can be crucial for whether they still have the right to early retirement or for the size of the performance.
If a user/spouse/partner have received early retirement in violation with due care the good faith, the amount refunded is required, if applicable, are offset in future payouts. Early retirement may also be required, if any, in the nets repaid, future payments, when user/your spouse or someone who has acted on its behalf, in violation of due care good faith has given erroneous or deficient information. The same is true if the payout is due to errors from the forvaltningens page, and the recipient should have understood this.
§ 18. Complaint Resolutions that are hit in the pursuance of these regulations may be appealed after the law of 10. February 1967 on administrative matters (administrative law), chapter VI.
The Agriculture Directorate is complaint authority for decision hit by the County.
§ 19. Entry into force these regulations shall enter into force 1. January 1999.
