No, such a situation does not qualify as an internal group value transfer under Section 83 of the Pension Act. The reason is that the pension right or entitlement remains virtually unchanged in material terms. This implies that pension providers have no obligation to report such an act to DNB as a group value transfer and enable individual members to raise objection. This is in line with the letter of 17 January 2013 by State Secretary for Social Affairs and Employment Ms J. Klijnsma to the Upper Chamber of Parliament.
Changing the pension commencement date does, however, require amendment of the pension scheme rules and the administration agreement (which must be in line with the scheme rules). Under Section 103 of the Pension Act, upon amendment of the pension scheme rules and the administration agreement, the amended documents must be sent to DNB within two weeks. In cases where obligatory membership of the pension scheme applies, the pension provider must, as always, apply to the Ministry of Social Affairs and Employment for an amendment of the membership obligation.
Where either the condition that individual members have the right to revert to the originally agreed pension commencement date or the condition of group actuarial equality is not satisfied, the commencement date shift does count as a collective change of pension agreements and, by consequence, as an internal group value transfer. This also applies where other changes are made to the pension scheme rules that govern existing accrued pension rights and entitlements. In such a case, Section 83 of the Pension Act requires that an intended internal group value transfer is submitted for approval to DNB at least three months in advance. Within those three months, DNB may decide to prohibit the change from being effected.