Claim for late enrolment in occupational penson scheme was partially time-barred

The Court of Appeal had decided with final effect that a musician who had played concerts in a local church for many years had been a permanent employee of the parish from 2013. It was agreed that the parish now had an obligation to carry out a late enrolment of the musician in the parish's occupational pension scheme. The Supreme Court found that the claim for payment of a pension premium, which would be a consequence of late enrolment, was subject to limitation under section 2 of the Limitation Act. This implied that late enrolment could only take place from a point in time three years before the limitation period was interrupted by a writ of summons, not from the time of permanent employment. Considerable emphasis was placed on the fact that the claim for premium payment was the dominant effect of the late enrolment.

Read the whole judgment (Norwegian only)

Areas of law: Sections 1 and 6 of the Limitation Act. Section 3 of the Occupational Pension Act

Key paragraphs: 38–39, 50

Justices: Matheson, Bull, Falch, Høgetveit Berg, Hellerslia