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Afgørelse / J. nr. 2013-164 / 25-06-2015

Decision on the complaint filed by XX against ATP’s refusal to pay out a lump sum after the death of her husband NN

The Appeals Board for ATP etc. confirms the decision made by ATP on 24 June 2013 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 NN, who passed away on 13 March 2013.

Members of the Appeal Board Børge Dahl, Marie-Louise Knuppert, Steen Müntzberg, Henrik Rothe and Poul Sørensen (president) participated in the proceedings.

ATP’s decision

In its decision of 24 June 2013, 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 1 January 2002. According to the decision, ATP has only registered contributions for NN for a total of 1 year and 2 months.

The Complaint

In her complaint, XX refers to that she is in a difficult financial situation.

Statement from ATP with regard to the complaint

In a letter of 3 October 2013, ATP states that it must uphold its decision according to which ATP cannot pay any lump sum to XX. According to Sections 14 b of the Supplementary Labour Market Pension Act, certain conditions must be fulfilled, before such a lump sum can be paid out. One condition is that the deceased member must have paid contributions that equal two years of full time employment.

According to an overview made by ATP, NN has paid contributions during 2007 and the first months of 2008. The contributions equal 8,44 months of full time employment, and therefore the conditions for paying a lump sum are not met.

The Appeals Board’s reasons for its decision

As NN had only paid contributions to ATP that equal 8,44 months of full time employment, The Appeals Board agrees with ATP that the conditions set out in Sections 14 b (3) of the Supplementary Labour Market Pension Act are not fulfilled in the present case.

The Appeals Board, accordingly, confirms ATP’s decision of 24 June 2013, according to which ATP cannot pay any lump sum to XX on the occasion of NN death.