Private-kindergarten AFP service counts towards state AFP test

From 15 October 2026Lovdata, service in a position attached to an AFP scheme for private kindergartens counts in the qualification test for avtalefestet pensjon in the same way as service in a position attached to AFP that receives state subsidy under AFP-tilskottslovenLovdata. The widening sits in § 15 of the forskrift on AFP for members of Statens pensjonskasse born in 1963 or laterLovdata, and it helps claimants who would otherwise fall short because part of their record sits in a private-kindergarten scheme.

The test it plugs into is the statutory one for the new scheme. At age 62 the claimant must have been an employee for at least 7 of the last 9 years with an employer whose tariffavtale has the state as party or an equivalent AFP agreement, in a position that is the main employment at no less than 20 per cent of a full position, with concurrent position shares added together. The forskrift counts that 7-of-9 window from the 53rd birthday up to the day before the 62nd birthday, reckons a year as 365 days, and counts only days on which the seniority conditions are met. In the same 7-of-9 years no other income may have exceeded the pensionable income from the covered employers, and no pension or benefit without a corresponding work duty at or above 1.5 times the folketrygdens grunnbeløp may have been received in the last 3 years before turning 62, except uføretrygd from the folketrygden and disability pension from a private or public service scheme.

At the withdrawal point the claimant must have been continuously employed as a genuine employee for the last 3 years with a covered employer at no less than 20 per cent of a full position, with pensionable income above the grunnbeløpet on an annualised basis at withdrawal and above the average grunnbeløpet in the preceding income year, and must not be or have been a recipient of state-subsidised private-sector AFP, AFP as an early-retirement scheme, uføretrygd after age 62, betinget tjenestepensjon or the other benefits the statute lists. Short gaps are tolerated: up to 26 weeks without covered employment where the claimant is employed at both ends of the 3-year period, and up to 78 weeks without genuine-employee status while receiving sick pay, work-clarification allowance or disability benefit. Permitted leave, strike, lockout and layoff within the statutory frames do not break the record where the conditions would otherwise have been met.

Alongside that standing test, § 15 keeps a time-limited safety valve: even a claimant who does not meet the §§ 8 and 9 conditions can be granted AFP where special reasons existLovdata, for claims made up to and including 31 December 2026Lovdata. The new private-kindergarten sentence is not confined to that valve; it states how such service enters the ordinary qualification test.Lovdata

In practice, payroll, HR and pension advisers assessing state-sector AFP for the 1963-and-later cohorts should include private-kindergarten AFP service on the same footing as state-subsidised AFP service when testing the recordLovdata, and claimants with mixed kindergarten and state-sector records should have both periods countedLovdata. Applications go to Statens pensjonskasse, which decides, calculates and disburses.

The rule stands in forskrift 2024-12-13-3109 § 15Lovdata as amended by FOR-2026-10-15-2075Lovdata, laid down under lov 25. juni 2010 nr. 28 §§ 8, 9, 10 and 14.