Kemira case, the second October ine 2013 brought the P4 Fyn under the heading

Kemira case, the second October ine 2013 brought the P4 Fyn under the heading "Ex-Yugoslavians get too little in retirement." The Board's decision of principle 145-10 is a misinterpretation of the Yugoslav Convention on social security of 22 June 1977. There is no evidence in the Yugoslav Convention for the Convention and its other rules do not apply to Danish citizens with permanent residence in Denmark. There can be no doubt that the Yugoslav Convention are based on a principle of equality and apply for Danish, Bosnian, Macedonian, montenegroianske and Serbian nationals when they are either resident in Denmark or in Bosnia-Herzegovina, Macedonia, Montenegro and Serbia. Appeals Board has to decide in principle 145-10 ruled that Danish nationals by the Yugoslav Convention art. 28 pcs. 2 only has the right to capture the Bosnian, Macedonian, montenegroianske and Serbian (Yugoslav) insurance periods in the calculation of Danish pension if they reside in Bosnia and Herzegovina, Macedonia, Montenegro and Serbia. Therefore, the Appeals Board decision in principle from 145 to 10 in so far as it imposes Danish nationals who are covered by the Yugoslav Convention, which is resident in Denmark, inferior to Danish nationals who are covered by the Yugoslav Convention, and who reside in Bosnia and Herzegovina, Macedonia, Montenegro and Serbia, considered ine discrimination and to be contrary ine to the spirit of the Yugoslav Convention. Payment Denmark decision fraction pension for Kemira is taken on an incorrect basis. The Board's decision of principle 145-10 shall also not apply in Kemira case because the case in question is not comparable. The case concerns a former Bosnian national who first was awarded full disability pension after the Yugoslav Convention rules, but from the time when he only became a Danish national, was recalculated pension of a fraction pension by the Pension Act 9, which applies only to persons has been granted a residence permit under 7 or 8 (refugees), because ine he is also entitled to a pension from Bosnia. Kemira is Bosnian, Danish (dual citizen) and has received humanitarian residence Yugoslavs ine Act 15a and the Aliens Act 9 paragraph. 2, No. 5 and has since 2 November 1995 residing in Denmark. Kemira has been awarded disability pension with effect from 1 May 2013, but she is only calculated Danish residence on or after 1 May 2011. This means that payment Denmark has not even calculated Kemira fraction pension on the basis of all Danish residence, so she gets just a fraction pension 22/40 of a full disability pension, even though she is under Danish legislation alone is entitled to a fraction ine pension of 26/40 of a full disability pension. The fact failed Payments Denmark also to relate to the re-examination ine of the case. The Yugoslav Convention still applies to Kemira because she just is Bosnian, ine Danish (dual citizen) and have permanent residence in Denmark and thus subject ine to the geographical area and the pool from which the Yugoslav Convention applies. Kemira ine meets the Bosnian national conditions in the Yugoslav Convention art. 26, paragraph. 1 of eligibility for early retirement. Kemira has as Bosnian citizenship after the Yugoslav Convention art. 28 pcs. 1 right to capture the Bosnian / Serbian (Yugoslav) insurance periods in the calculation of Danish pension, regardless of whether she is entitled to a pension from Bosnia / Serbia. Kemira has a Danish citizen under the Yugoslav Convention art. 28 pcs. K2 to capture the Bosnian / Serbian (Yugoslav) insurance periods in the calculation of Danish pension because she just does not have the right to a pension from Bosnia / Serbia. Therefore, Kemira entitled to full disability pension. It has Pensions ine Agency, now Payments ine Denmark, even given her unsuccessful with an advisory opinion to Odense ine Municipality of 10 January ine 2013. But Payments Denmark has in the decision fraction pension and re-examination of the case chosen not to emphasize the Pension Protection Agency, now Payout Denmark, Advisory Opinion, also interprets the Appeals Board decision ine of principle 145-10 as a misinterpretation of the Yugoslav Convention. Instead, payment Denmark decided to send the ball to Appeals Board and has requested that Kemira case is dealt with as a matter of principle. BiD want Kemira luck proceedings before ine the Appeals Board - she must soon be entitled to the full disability pension, which she has acquired under the Yugoslav Convention rules. Source: The article on P4 Fyn "Ex-Yugoslavians get too little pension" http://www.dr.dk/Nyheder/Regionale/Fyn/2013/10/02/064244.htm The Board's decision of principle 145-10 http:// www.ast.dk/afgoerelser/principafgoerelser/
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