• Nadja Dyhre-Petersen
4. term, Laws, Master (Master Programme)
The recent reform of early retirement is known as the flexible job and early retirement reform. The reform took effect on January 1st 2013 and constitutes the focal point of this thesis.

For the granting of both disability pension and flexible job it is required that the ability to work is permanently reduced (the criterion of duration). If the ability to work can be exploited in spite of the permanent reduction, there will be an entitlement to flexible job rather than early retirement. This is the case, as the reform with the addition of § 70, 2 of the law on active employment measures has made it possible to entitle flexible jobs to people, who currently have a very limited ability to work when it simultaneously is assessed that the ability to work can be enhanced within a reasonable time frame.

In the same law, section 12a has been inserted, which allows the granting of resource courses. This has been done, since it, from the bill for the reform, follows that people under the age of 40, as a starting point, are not able to be granted early retirement. The resource courses are for people who, in the absence of a special effort, by probability would end up on early retirement. Participation in the resource courses is also a prerequisite prior to granting of early retirement. Only in a situation where it is obvious that an active effort will not improve the connection to the labour market, participation in resource courses is not a prerequisite for the granting of early retirement.

The conditions of the granting of early retirement must, after implementation of the reform, be considered tougher. It has been more lenient to refer people to flexible jobs, and there is the opportunity granting participation in the resource courses. The legal effect of the reform is therefore that there only is entitlement to disability pension when the ability to work is permanently very limited and cannot be improved. The legal effect is thus a tightening of the duration criterion in relation to the opportunity of developing the ability to work.

Publication date22 Nov 2016
Number of pages40
ID: 244171823