Afgørelse / REF. no. 2014-34 / 24-09-2014
Decision on the complaint filed by XX against ATP’s refusal to pay out a lump sum after the death of her cohabitant XX
The Appeals Board for ATP etc. confirms the decision made by ATP on 18 February 2014 according to which ATP cannot pay out a lump sum to XX since she does not qualify for the payment of such a lump sum after XX, who passed away on 5 September 2012.
Members of the Appeal Board Michael B. Elmer, Børge Dahl, Marie-Louise Knuppert, Steen Müntzberg and Poul Sørensen (president) participated in the proceedings.
In its decision of 18 February 2014, ATP referred to some of the conditions that must be met in order to qualify for the payment of a lump sum. The deceased must, inter alia, have paid at least 2 years of contributions to ATP after the first of January 2002. According to the decision, XX however, had not paid any contributions since 1970.
In her complaint, XX states that she and XX had been living together as partners since 1980 and that it was XX himself who listed her name in his ATP form.
Statement from ATP with regard to the complaint
In a letter of 30 April 2014, the ATP states that it must uphold its decision according to which ATP cannot pay any lump sum to XX. According to Sections 14 b (1) – (4) and 14 c of the Supplementary Labour Market Pension Act, certain conditions must be fulfilled, before such a lump sum can be paid out:
1) The deceased must have paid two full years of contributions to ATP since 2002.
2) The deceased must be less than 70 years old at the time of his or her death.
3) If the death took place before 15 May 2013, the cohabitant must be registered as such by ATP before the death took place.
None of these conditions is, according to ATP, fulfilled in the present case, and XX is, therefore, not entitled to receive any lump sum from ATP.
The Appeals Board’s reasons for its decision
The Appeals Board agrees with ATP that the conditions set out in Sections 14 b (1) – (4) and 14 c of the Supplementary Labour Market Pension Act are not fulfilled. In the present case. XX had, thus, not paid any contributions to ATP since 1970, and he was more than 70 years old at the time of his death. XX and XX, furthermore, had not been registered as cohabitants by ATP.
The Appeals Board, accordingly, confirms ATP’s decision of 18 February 2014, according to which ATP cannot pay any lump sum to XX on the occasion of XX death.