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The Regulation On Pension Calculation, And The Calculation Of Whether The Confession Children's Addition And The Children's Pension And Whether The Provisions Of The Law Of Insurance Gjennomføringa About The Income Of Trial In The Case Covered By The ...

Original Language Title: Forskrift om pensjonsberegning, om tilståelse og beregning av barnetillegg og barnepensjon og om gjennomføringa av folketrygdlovens bestemmelser om inntektsprøving i tilfelle som omfattes av EØS-avtal..

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The regulation on pension calculation, and the calculation of whether the confession children's addition and the children's pension and whether the provisions of the law of insurance gjennomføringa about the income of trial in the case covered by the EEA Agreement.

Date of-1993-12-23-1251 Ministry of labour and Social Affairs Published in 1993 1622 01.01.1994 Avd entry into force (the EEA Agreement) last edited by-1998-01-16-37 Change applies to Norway Pursuant law-1997-02-28-19-section 1-3, law-1997-02-28-19-section 25-15 Announced short title regulations on pension calculation, EEA Chapter overview: in. Forskriftens scope (§§ 1-3) II. The calculation of the pension from the national insurance scheme for coordination rules in the EEA Agreement. (§§ 4 - 5)
III. income of trial of the spouse add-ins-insurance law § 7-8 a. (§ § 6-8) IV. Especially about the confession and the calculation of child well and children's pensions. (sections 9-13)
V. Trial against earned income-insurance law § § 7-10 and 10-5 No. 3 (§ § 14-16). Entry into force (section 17) established by the Ministry of health and social 23. December 1993 with authorization in law 28. February 1997 Nr. 19 about the national insurance scheme (the Insurance Act) § 25-15, cf. § 1-3. Amended by regulation 16 jan 1998 No. 37 (new title).

In the Forskriftens section 1. scope. EEA countries with EEA countries is meant of the regulations here countries such as the EEA Agreement applies.

§ 2. Which case that governed the regulation here applies when calculating the old-age pension, survivor's pension, disability pension and attførings money according to the rules of the EEA agreement if coordination of retirement benefits in the case where a person has the service cost in at least two Member States.
Further regulations apply for income under the provisions of the trial insurance law § § 7-8A, CF section § 7-7, 7-8, 8-7, 8-8 and 5-5, 7-10 and 10-5 No. 3, CF section § 7-10 and 8-6, in the case where the above mentioned rules of the EEA Agreement applies. It is a condition that the pensioner is entitled to a performance equivalent to old age security the national insurance scheme, disability pension, survivor's pension, or attførings money from at least one other EEA countries, and that this performance-or part of this performance-to be put down because he or she has earned income, pension income, or other forms of income.
The regulation also provides rules for the calculation of the child and to make the addition or children's pension for insurance law in the case covered by the EEA Agreement.

§ 3. Definitions 1.
In relation to the calculation of the base pension for insurance law and the special supplement for special additional law applies to the following definitions: With vesting time meant all periods that entails earning the right to retirement after the national insurance scheme law or after lovgivinga in the countries where they are covered, but limited to the period of time after the age of 16 years.
With the ratio will mean the fraction as revealed when a person's overall social security time in Norway laid down after the provisions of the insurance law § 7-2 used as a count and his or her total vesting time of the EEA countries (including Norway) applies that mention. For the disabled and survivors will be excluded assumed future vesting time from time of time of the disability or the death and until retirement age. If social security time in Norway account for more than 40 years, used that count in 40 fraction. Corresponding applied 40 that mention when the total vesting time in EEA countries exceeds 40 years.

2. In relation to the calculation of the supplementary pension the following definitions apply: With vesting time will mean the year when it's earned pension points in the national insurance scheme and on periods in other EEA countries when he or she has been unemployed and covered by the national social security scheme. That vesting time is considered only period of time after the age of 16 years.
With the ratio will mean the fraction that arise when the number of years when it is credited pension points after insurance laws are applied that counts and the person's overall vesting time of the EEA countries (including Norway) applies that mention. For the disabled and survivors will be excluded assumed future vesting time from uføretidsspunktet or the time of death and until retirement age. If the number of years with pension points make up the more than 40, applied that counts 40 of the fraction. Corresponding applied 40 that mention when the total vesting time in EEA countries exceeds 40 years.

3. Retirement is meant of the regulations here old age, survivor's pension, disability pension and attførings money after insurance law without any dependents. The term includes further similar benefits from other EEA countries with any dependents.

II. calculation of the pension from the national insurance scheme for coordination rules in the EEA Agreement.

§ 4. The theoretical amount. A pension is calculated theoretical amount fully after the usual provisions of the insurance law and the special additional law, but so that the elapsed time in the vesting other EEA countries is considered as vesting time in Norway. Basic pension and supplementary pension is determined separately, CF section 3 No. 1 and 2.

§ 5. The actual amount a pension actual amounts are determined by the fact that because the pension and the additional pension under section 4 is multiplied by the respective ratios, CF section 3 No. 1 and 2. For special supplement for special additional law is used the ratio for base-board.

III. income of trial of the spouse add-ins-insurance law section 7-8 A.

section 6. Spouse Income add-in trial for insurance law section 7-8A happens against spouse addition determined by rules of insurance law.
For pensioner that does not fill the the terms of the insurance law section 8-1 No. 1 first paragraph, LITRA b or Nr. 3 about the prior membership in the national insurance scheme, the spouse of the 50 percent plus pose because pension determined under the provisions of section 5. The same is true when the retiree does not fill the criteria in the insurance law § § 7-2 or 8-4 for at least 3 years social security time.

section 7. Fribeløpet Fribeløpet to respond to fribeløpet after insurance law section 7-8A without reduction for any lack of vesting time, but multiplied by the ratio of the basic pension.

section 8. The basis of income Income basis is determined after the provisions of the insurance law section 7-8A, but with the following specific rules: a) Because pension, supplementary pension and/or special supplement included in the revenue base with the amounts that arise when these pension share is determined by the provisions of section 5.

b) Other income to be included, are included in the revenue base with an amount equivalent to the sum of such revenue multiplied by the ratio of the basic pension.

IV. Especially in the confession and the calculation of children's addition and children's pensions.

§ 9. Confession of child well Child well after insurance law § § 7-8 and 8-8, cf. section 5-5, a) if the pensioner is resident in the realm b) if the pensioner is resident in another EEA country without having the right to retirement there, and the pensioner have been penjonstrygdet after insurance law (cf. § 1-5 of the law) for a longer time than he or she has been covered by the social security law in any other EEA countries. If the insurance periods are of equal length, to provide Norway child supplement if the person concerned was last a member of the national insurance scheme.

§ 10. Calculation of elementary addition children's addition under section 9 to be before any income trial after insurance law section 7-8A constitute such a large part of the full children's addition after the law corresponding to the percentage of the full pension as reason can be granted when the pension is calculated by reason the provisions of section 4.
By income testing of children's add-in terms of the provisions of the insurance law section 7-8A.

section 11. Difference-even if the terms of barnetillegg section 9 are not met, the children's addition to the Board from the national insurance scheme yet provided if the child add-in from the national insurance scheme provided for under the provisions of section 10 would have been higher than the children's addition provided from another EEA country. Children's addition from the national insurance scheme is given when with the excess amount.

§ 12. Children's pension provisions of § § 9, § 10 the first paragraph and 11 also applies to the right to the children's pension, but so that the question in section 9 letter b of social security tilknytningas length m v be considered in relation to the deceased father or mother. It is a prerequisite that the criteria in the insurance law § 10-11 no. 1 the first paragraph, LITRA b are met, if applicable, by addition with vesting periods in other EEA countries, or that the terms of the paragrafens No. 3 are met.
Although the terms of the first paragraph are not met, it shall be given children's pension if the deceased mother or father had children's addition to the Board from the national insurance scheme.

section 13. Stop by the children's addition/children's Board the right to child or children's pension under section section 9 to 12 if asked in effect the abeyance of the professional activity may be required corresponding benefits after the laws of the other EEA countries.

V. Trial against earned income-insurance law § § 7-10 and 10-5 No. 3 section 14. The pension by trial against earned income for insurance law § § 7-10 or 10-5 No. 3 going on prøvinga-to-Board set out after the usual provisions of the insurance law and the special additional law if the pensioner fills all criteria for retirement after the national insurance scheme law-to-Board set out under the provisions of section 5 If the pensioner does not fill the criteria in section 7-2, CF section § 10-5 No. 2 and 8-4, at least 3 years of social security time or criteria in section 10-1 No. 1 the first paragraph, LITRA b or Nr. 3 about the prior membership in the national insurance scheme.

section 15. Fribeløpet By prøvinga to be fribeløpet for earned income under section section 7-10 and 10-5 No. 3 constitute fully tax-free amounts multiplied by the ratio of the basic pension.

section 16. Revenue basis By prøvinga to be the basis of income income after provisions of the insurance law section 7-10 respectively and section 10-5 No. 3 multiplied by the ratio of the basic pension.

Vi. Entry into force § 17. Entry into force the regulation here will take effect from the same time that the EEA Agreement and is given effect for pension for the period of time after the aforementioned time.

Ongoing benefits is converted under the provisions of these regulations if he or she puts forward a claim for this. Ongoing benefits can also be converted if the case of the other reasons raised for new determination of performance. When translating, as mentioned in the first and second sentence should not be made against the new national insurance scheme testing rules on the determination and application of social time.