Attorneys Anne Marie Due and Håvard Nybakk Vang from Hjort have assisted Tromsøysund parish in a case concerning the question of whether a claim for retroactive enrollment in an occupational pension scheme becomes time-barred under section 1 of the Limitation Act. The background of the case was that the opposing party had been misclassified as a contractor in the parish. Attorney Due presented the case to the Supreme Court, which was deliberated over one and a half court days in August. Today, the judgment was delivered, in which the Supreme Court fully supports the parish.
A unanimous Supreme Court agreed with the parish that a claim for retroactive enrollment is a claim under section 1 of the Limitation Act, therefore, subject to time limitation. Retroactive enrollment simply involves a subsequent enrollment of an employee in the employer’s pension scheme, with retroactive effect, in a case where the employee has not been enrolled in the employer’s pension scheme due to an error. The effect of retroactive enrollment is that the employer must pay pension premiums, and the employee thereby accrues pension rights. As the Supreme Court saw it, it was “not doubtful that such a claim for payment of pension premiums is subject to limitation.”
