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Afgørelse / J. nr. 2017-26/2016-10 / 10-05-2017

Decision concerning the complaint filed by XX against the decision of 3 February 2016 from ATP (Danish Supplementary Labour Market Pension)

The Appeals Board upholds the decision made by ATP on 3 February 2016, according to which no objection can be made in relation to ATP contributions for the period June 1985 - September 1998, because time has passed for such an objection to be considered.

The members of the Appeals Board, Børge Dahl, Nanna Højlund, Steen Mtintzberg, Henrik Rothe and Poul Sørensen (chairman) took part in considering the complaint.

The complaint

XX stated in his complaint that no ATP contributions were paid, although he has worked in Denmark, having the legal work and residence permit and all other legal obligations fulfilled, and that this is a strange situation. XX was not aware of the faet that he should have objected to this situation within 5 years until last year with his application to transfer this period of work to Turkey.

ATP's statement in response to the complaint

ATP has maintained its decision in a letter of 13 April 2016, referring to the faet that a statutory 5-year deadline which applies in this case has elapsed, cfr. section 36 (1) of the ATP Aet.* Therefore ATP is no longer able to determine whether XX's employer was in fact obliged to pay ATP contributions for him.

XX has in an e-mail of 18 May 2016 with a reference to ATP's statement concluded that he has nothing new to add.

In an e-mail of 20 June 2016 XX has forwarded additional documentation regarding his work in Denmark. ATP has in an e-mail of 21 June 2016 concluded that this does not change their statement in this case.

The reasons of the Appeals Board

According to section 36 (1) of the ATP Aet, objections to the size of contributions posted for a member may not be submitted after more than 3 years from receipt of a statement of account from Arbejdsmarkedets Tillægspension regarding said contributions. In other cases objections may not be submitted after 5 years from the date a contribution should have been paid to Arbejdsmarkedets Tillægspension.

XX's complaint refers to the lack of ATP contributions paid by his employer for the period June 1985 - September 1998

XX did not submit his objection until on 9 April 2015. The objection is therefore time barred.

Consequently, the Appeals Board upholds the decision made by ATP.


*Aet on Arbejdsmarkedets Tillægspension