Act To Ensure Sustainability And The Social Character Of Supplementary Pensions And To Strengthen The Complementary Character In Relation To Superannuation (1)

Original Language Title: Loi visant à garantir la pérennité et le caractère social des pensions complémentaires et visant à renforcer le caractère complémentaire par rapport aux pensions de retraite (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015022578&caller=list&article_lang=F&row_id=100&numero=160&pub_date=2015-12-24&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-24 Numac: 2015022578 SERVICE PUBLIC FEDERAL security social 18 December 2015. -Act to ensure sustainability and the social character of supplementary pensions and to strengthen the complementary character in relation to superannuation (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Measures to ensure sustainability and the social character of supplementary pensions Chapter 1. -Revision of the performance guarantee Section 1. -Amendments of Act of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits in social security art. 2. in article 24 of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, as last amended by the Act of 15 may 2014, the following changes are made: 1 ° paragraph 1 and paragraph 2, paragraph 1, the words "by the King" are replaced by the words "in accordance with § 3";
2 ° in the Dutch version of paragraph 1 and paragraph 2, paragraph 1 "een door de Koning bepaalde rentevoet" shall be replaced by the words "de rentevoet wijzigen en § 3";
3 ° in paragraph 2, paragraph 2, the words "article 1" shall be replaced by the words "paragraph 1";
4 °, paragraph 3 is replaced by the following: "§ § 3 3" Until December 31, 2015, the rate referred to the § 1 is equal to 3.75% and the rate referred to in § 2, paragraph 1, is equal to 3.25%.
Effective January 1, 2016, the target rate in the § 1 and § 2, paragraph 1 is equal to a percentage of the average on June 1 on the last 24 months of yields of linear bonds of the Belgian State to 10 years rounded to the nearest 25 (basis point) bps. This rate is applied on 1 January of the following year. For the determination of the rate applicable on 1 January 2016, the average June 1, 2015 is taken into account.
The percentage referred to in paragraph 2 is equal to 65% for 2016 and 2017.
Subject to a positive opinion of the National Bank of Belgium prior to November 1, 2017, the percentage referred to in paragraph (2) is, from January 1, 2018, 75%.
Subject to a positive opinion of the National Bank of Belgium prior to November 1, 2018, the percentage referred to in paragraph (2) is, from January 1, 2019, 75% in the absence of a previous positive opinion on an increase in this percentage.
Subject to a positive opinion of the National Bank of Belgium prior to November 1, 2019, the percentage referred to in paragraph 2 is worn from 1 January 2020, 85% or, in the absence of a positive opinion on the increase in this percentage to 75% if the National Bank of Belgium has not previously made a positive on a bearing to this percentage.
The National Bank of Belgium must give notice before 1 November of each year thereafter until it has been made a positive opinion on the application of the percentages referred to in the preceding paragraph.
The National Bank of Belgium notices referred to in the preceding paragraphs are positive when the formula in paragraph (2) with the application of the proposed percentage increase gives a result that is less than or equal to the maximum interest rate in life of the prudential rules applicable to insurance undertakings.
The National Bank of Belgium publishes the notices referred to in the preceding paragraphs on its web site.
By way of derogation from paragraph 2, if the result of the calculation referred to in paragraph 2 not rounded to the nearest 25 (basis point) pdb differs from less than 25 bps (basis point) over the result of this calculation the previous year rate is not changed and the rate of the previous year which remains in force.
If the rate determined in accordance with paragraphs 2 to 8 is less than 1.75%, it is brought to 1.75%. If this rate is higher than 3.75%, it is limited to 3.75%.
The FSMA published before 1 December of each year on its web site the rate determined under this paragraph which will apply on 1 January of the following year. To the rate applicable from 1 January 2016, the FSMA carries out the publication at no later than 31 December "2015;
5 ° article is supplemented by paragraphs 4, 5 and 6 worded as follows: "§ § 4 4" for the purposes of this paragraph, it is to be understood by:-horizontal method: the method whereby, in the event of change of the rate in accordance with § 3, the former rate applies until the first of the events in the § 1 and § 2, paragraph 1 on the contributions due on the basis of the regulation of pension or pension before the change and the new convention rate applies to the first of the events to the § 1 and § 2 , paragraph 1 on the contributions due on the basis of the regulation of pension or pension from the modified convention;
-vertical method: the method whereby, in the event of change of the rate pursuant to § 3, the former rate applies until its amendment to the contributions on the basis of the regulation of pension or pension before the convention and the new rate applies to contributions due on the basis of the regulations of the pension or the convention of pension from the change and the amount resulting from the capitalization the former rate of contributions due on the basis of the regulations of the pension or the convention of pension until the amendment.
For pension obligations that are established from 1 January 2016, the regulation of pension or pension convention says if the vertical method or the horizontal method which is applied to the capitalization of contributions when the change in the rate in accordance with § 3.
In the absence of explicit reference in the regulation of pension or pension and for all pension obligations agreement established before 1 January 2016:-the horizontal method is applied if the pension commitment is run wholly by one or several pension bodies which guarantee until the age of retirement on pension commitment across a result determined on the basis of assessed contributions.
-the vertical method is applied in all other cases.
The application of the method of vertical or horizontal may only be changed in the event of changes to the implementation of the pension commitment allowing the pension Agency now warrants or warrant more until the age of retirement on pension commitment all a result determined on the basis of contributions.
If the method is changed when the amendment to the implementation of the commitment of pension referred to in the preceding paragraph that is not a transfer of reserves accompanied, the modified method only applies to the new contributions on the basis of the regulation of pension or pension convention. In the case of a transfer of reserves, the modified method applies to contributions due on the basis of the regulation of pension or pension convention after the transfer and the contributions payable before transfer capitalized on the basis of the old method until the date of the transfer.
§ 5. For the purposes of this section to pension obligations referred to in article 21, "contributions" refers to "distributions".
§ 6. The pension Agency provides to the affiliate, on request, a detailed calculation of the capitalization of contributions calculated on the basis of this article."
S.
3. article 42 § 1, paragraph 2 of the same Act is complemented by the 6 °, 7 ° and 8 ° written as follows: "6 ° when the pension agency guarantees on contributions a particular result, the technical bases of pricing as well as to what extent and for how long the technical basis of pricing are guaranteed;"
7 ° the methodology in accordance with article 24 § 4;
8 ° the current level of financing of the guarantee referred to in article 24."
CHAPTER 2. -Introduction of the possibility of a blanket death if you leave without further modification of the pension Section 1st commitment.
-Amendments of Act of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits in social security art. 4. in article 31, § 1, paragraph 2, of the Act of 28 April 2003 on supplementary pensions and the tax system and some additional benefits in social security, the following changes are made: 1 3 ° ° is supplemented by the following words: "in the case of maintaining a death cover, the amount and type of it."
2 ° paragraph 2 is supplemented by the 4 ° as follows: "(4° si elles sont calculables, le montant deles de prestations acquises si l'affilié opte pour la possibilité de choix visée à l'article 32, § 1er, alinéa 1er, 3°, c)."
S. (5. in article 32 of the Act, as last amended by the law of October 27, 2006, the following changes are made: 1 ° 1st paragraph, 1st indent, 3rd is complemented by the c) as follows: "c) without further modification of the commitment of pension coverage death corresponding to the amount of the acquired reserves;" in this case, accrued benefits are recalculated on the basis of the acquired reserves to take account of this death cover."
2 ° in paragraph 3,

3rd paragraph, the words "(dans les 11 mois qui suivent opter pour la possibilité visée àle § 1er, alinéa 1er, 3°, c) or" shall be inserted between the words "the affiliate may" and the words "at any time".
S. 6. in article 33/1 of the Act, inserted by the law of May 15, 2014, the following changes are made: 1 ° 1st paragraph, paragraph 2 is replaced by the following: "(Par dérogation à l'alinéa précédent, dans les cas de sortie visés à l'article 3, § 1er, 11°, a) (, 2 °, and b), 2 °, the worker may opt for the possibility referred to in article 32" (, § 1er, alinéa 1er, 3°, c). "
2 ° 1st paragraph, paragraph (3) is repealed.
3 ° paragraph 2, paragraph 3, is replaced by the following:. "
4 ° paragraph 2, paragraph 4 is replaced by the following:. affiliate however retains the right to opt for the possibility referred to in article 32 " (, § 1er, alinéa 1er, 3°, c) for a supplementary period of 11 months. "
5 ° paragraph 3, subparagraph 2 is replaced by the following:. "
6 ° paragraph 3, paragraph 3 is replaced by the following:. affiliate however retains the right to opt for the possibility referred to in article 32 " (, § 1er, alinéa 1er, 3°, c) for a supplementary period of 11 months. "
TITLE 3. -Measures to strengthen the complementary character of supplementary pensions compared to retirement benefits Chapter 1.
-Update the retirement Section 1st. -Concept of retirement subsection 1. -Modifications of the programme law (I) of 24 December 2002 article
7. in article 42 of the programme law (I) of 24 December 2002, as last amended by the Act of 15 may 2014, the following changes are made: 1 ° 14 °, repealed by Act of April 19, 2014, was re-established in the following wording: "14 ° update retirement: making effective course of retirement pension relating to professional activity which gave rise to the establishment of benefits."
2 ° article is complemented by 16 ° as follows: "16 ° legal retirement age: the age of the pension under section 3 of the royal decree of 30 January 1997 concerning the pension scheme of the self-employed pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3" ", § 1, 4 ° of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary."
S. 8A section 47 of the Act, as amended by the Act of 15 may 2014, the following changes are made: 1 ° paragraph 2 is replaced by the following: "A the updating retired or on the date which benefits are due in accordance with article 49, § 1, paragraph 5 or article 65/1, benefits are" PRN, padded to the portion of assessed contributions, which has not been consumed for the cover of death risk before the date which benefits are due and, where appropriate, for the financing of the solidarity benefits. ';
2 ° paragraph 3 is replaced by the following: "the provision of paragraph (2) is not apply to benefits payable within five years following the conclusion of the convention's pension."
S. 9A section 48 of the Act, paragraph 3 replaced by the law of May 15, 2014 is replaced by the following: "§ § 3 3" "When the retirement or when other benefits are due, the pension Agency informs the recipient or his successors in title on the benefits which are due on the possible payment options, including on the right turn into pension provided for in article 50, § 1, paragraph 1 and on the data necessary for payment."
Sub-section 2. -Amendments of Act of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits in social security art. 10. in article 3, § 1, of law of 28 April 2003 on supplementary pensions and the taxation of these and some complementary social security benefits, as last amended by the Act of 15 may 2014, the following changes are made: 1 ° 22 °, repealed by Act of April 19, 2014, is restored to the following wording : "22 ° update retirement: making effective course of retirement pension relating to professional activity which gave rise to the establishment of benefits."
2 ° article is supplemented by the 27 ° as follows: "27 ° legal retirement age: the age of the pension under article 2, § 1, of the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes."
S.
11. in the French version of article 6, § 1, paragraph 2 of the same Act, as last amended by the Act of 15 may 2014, the word "retirement" is replaced by "bringing to retirement".
S. 12A section 24 of the Act, as amended by the Act of 18 December 2015, the following changes are made: 1 ° in paragraph 1, the words "retirement" are replaced by the words "of his retirement, or when benefits are due in accordance with article 27, § 1, paragraph 6 or section 63/2 and 63/3" "and the words"retirement age"are replaced by the words"the date which benefits are due";
2 ° in paragraph 2, paragraph 1, the words "retirement" are replaced by the words "of his retirement, or when benefits are due in accordance with article 27, § 1, paragraph 6 Article 63/2 or 63/3," and the words "retirement age" are replaced by the words "the date which benefits are due";
3 ° in paragraph 2, paragraph 2, the word "retirement" is replaced by the words "retirement, or when benefits are due in accordance with article 27, § 1, paragraph 6 or section 63/2 and 63/3".
S.
13. in article 26 of the same Act, paragraph 3 is replaced by the law of May 15, 2014 is replaced by the following: "§ § 3 3" "When upgrading to retirement or when other benefits are due, the pension agency or the Organizer itself, if the latter so requests, informed the recipient or his successors in title on the benefits that are due, on possible payment options, including on the right turn into pension provided for in article 28 § 1 and data necessary for payment."
S. 14. in article 27, paragraph 3, of the Act, inserted by the Act of 22 December 2003, the word "retirement" is replaced by "bringing to retirement".
Sub-section 3. -Changes of Title 4 of the Act of 15 may 2014 on miscellaneous provisions art.
15. article 35 of the law of May 15, 2014, on of the various provisions is complemented by the 18 ° and 19 ° written as follows: "18 ° update retirement: making effective course of retirement pension relating to professional activity which gave rise to the establishment of benefits."
19 ° legal retirement age: the age of the pension under section 3 of the royal decree of 30 January 1997 concerning the pension scheme of the self-employed pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3 ", § 1, 4 ° of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary."
S. 16 section 39 of the Act, paragraph 2 is replaced by the following: "§ § 2 2" "When upgrading to retirement or when other benefits are due, the pension agency or the Organizer itself, if the latter requests, informs the recipient or his successors in title on the benefits that are due, on possible payment and data necessary for payment options."
Section 2. -Payment of benefits subsection 1. -Amending provisions in the programme law (I) of 24 December 2002, to act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits and Title 4 of the Act of 15 may 2014 on miscellaneous provisions art. 17. in article 49 of the programme law (I) of 24 December 2002, as last amended by the Act of 15 may 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1."
Without prejudice to the provisions of § 2 and the right to the transfer of reserves referred to in article 51,

the provision of supplementary pension, acquired reserves or reserves resulting from the transfer of the reserve referred to in article 51 are liquidated at the retirement of the affiliate. Benefits are calculated on the date of retirement of the affiliate and paid no later than within thirty days following the communication by the affiliate to the body of the data needed to pay pension.
The pension agreement remains in effect until the retirement.
No later than ninety days before the retirement of the affiliate, the latter shall inform the body of pension in writing of his retirement.
From January 1, 2017, the obligation to inform the pension agency from upgrading to retirement of the affiliate is taken over by asbl Sigedis, created under article 12 of the royal decree of 12 June 2006 on the implementation of title III, chapter II, of the Act of 23 December 2005 concerning the solidarity between generations Pact. The King may clarify the content and the terms of this information.
By way of derogation from paragraph 1, if the update to retirement is later than the date where the affiliate reaches the age pension in force or the date on which he meets the conditions for self-employment, the provision of supplementary pension retirement pension and reserves referred to in paragraph 1 may, at the request of the latter be liquidated from one of these dates, provided that the pension agreement expressly."
2 ° paragraph 2 is supplemented by a paragraph 3 as follows: "In the case of advances on benefits, updates in guarantee of rights of pension or allocation of the cash surrender value to the reconstitution of a mortgage loan, they may provide a term less than the legal pension age."
S. 18. at article 27 of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, as amended by the Act of 15 may 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Without prejudice to the provisions of § 2 and the right to the transfer of the reserves referred to in article 32, the provision of supplementary pension, acquired reserves, reserves resulting from the transfer of the reserve referred to in article 32, § 1, 1 °, 2 °, 3 ° (b)), or reserve resulting from the application of section 33 are liquidated at the retirement of the affiliate. Benefits are calculated on the date of retirement of the affiliate and paid no later than within thirty days following the communication by the affiliate to the body of the data needed to pay pension.
The pension commitment remains in force until retirement, except in the case of repeal of the pension commitment.
No later than ninety days before the retirement of the affiliate, the organiser shall inform, in writing, the Agency's pension from the retirement of the latter.
If the affiliate is released, the latter shall inform in writing at the latest ninety days before his retirement the body of his retirement pension.
From January 1, 2017, the obligation to inform the pension agency from upgrading to retirement of the affiliate is taken over by asbl Sigedis, created under article 12 of the royal decree of 12 June 2006 on the implementation of title III, chapter II, of the Act of 23 December 2005 concerning the solidarity between generations Pact. The King may clarify the content and the terms of this information.
By way of derogation from paragraph 1, if the update to retirement is later than the date where the affiliate reaches the age pension in effect or the date to which it satisfies the conditions for his employee, the benefit retirement pension and reserves referred to in paragraph 1 may, at the request of the latter be liquidated from one of these dates subject to the regulation of pension or pension convention expressly."
2 ° paragraph 2 is supplemented by paragraph 3 as follows: "In the case of advances on benefits, updates in guarantee of rights of pension or allocation of the cash surrender value to the reconstitution of a mortgage loan, they may provide a term less than the legal pension age."
3 ° article is supplemented by paragraph 4 as follows: "§ § 4 4" The provisions that have designed and/or result from:-limit or remove the consequences of an output or upgrade to retirement before the legal age of the pension on the scope of the supplementary pension benefit;
-To grant additional advantages due to the output or the retirement;
And thus lead to an increase of the acquired reserves and/or benefits accrued or any other supplementary benefits due to the retirement or the output are subject to absolute nullity."
S. 19. in article 40 of the Act of 15 may 2014 bearing of various provisions, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Without prejudice to the provisions of § 2 and the right of the Manager of an undertaking to transfer its reserves, when he ceases to be a manager of an undertaking of the Organizer, to a body of pension which manages the reserves in accordance with this title, the supplementary pension benefit and vested reserves are liquidated when upgrading to retirement of the affiliate. Benefits are calculated on the date of retirement of the affiliate and paid no later than within thirty days following the communication by the affiliate to the body of the data needed to pay pension.
The pension commitment remains in force until retirement, except in the case of repeal of the pension commitment.
No later than ninety days before the retirement of the affiliate, latter shall inform in writing the body of his retirement pension.
From January 1, 2017, the obligation to inform the pension agency from upgrading to retirement of the affiliate is taken over by asbl Sigedis, created under article 12 of the royal decree of 12 June 2006 on the implementation of title III, chapter II, of the Act of 23 December 2005 concerning the solidarity between generations Pact. The King may clarify the content and the terms of this information.
By way of derogation from paragraph 1, if the retirement is later than the date where the affiliate reaches the age pension in effect or the date to which it meets the conditions to get his pension of retirement of self-employed worker, delivery and reserves referred to in paragraph 1 may, at the request of the latter be liquidated from one of these dates subject to the regulation of pension or pension convention expressly."
2 ° paragraph 2 is supplemented by paragraph 3 as follows: "In the case of advances on benefits, updates in guarantee of rights of pension or allocation of the cash surrender value to the reconstitution of a mortgage loan, they may provide a term less than the legal pension age."
3 ° article is supplemented by paragraph 3 as follows: "§ § 3 3" The provisions that have designed and/or result from:-limit or remove the consequences of a bet to retire before the legal age of the pension on the scope of the supplementary pension benefit;
-Limit or remove the consequences of business manager ceases to be a manager of an undertaking by the organiser on the scope of the supplementary pension benefit;
-To grant additional advantages due to the retirement or the fact that business manager ceases to be a manager of an undertaking of the organiser;
And thereby leading to an increase of the acquired reserves and/or benefits accrued or any other additional benefit due to the retirement or due to the fact that the Manager of an undertaking ceases to be the Organizer Business Manager are subject to absolute nullity."
Sub-section 2. -Provisions transitional art. 20. in the programme law (I) of 24 December 2002, it is inserted an article 65/1 as follows: "article 65/1. By way of derogation from article 49, § 1, for affiliates who reach age 58 years or older in 2016, supplementary pension benefit and vested reserves may also be liquidated from the moment where the affiliate reaches the age of 60 provided that the convention of such pension in force before the date of entry into force of this article permits it.
By way of derogation from article 49, § 1, for affiliates who reach the age of 57 in 2016, supplementary pension benefit and vested reserves may also be liquidated from the moment where the affiliate reaches the age 61 provided that the convention of such pension in force before the date of entry into force of this article permits it.
By way of derogation from article 49, § 1, for affiliates who reach the age of 56 in 2016, supplementary pension benefit and vested reserves may also be liquidated from the moment where the affiliate reaches the age of 62 years insofar as the convention of such pension in force before the date of entry into force of this article permits it.
By way of derogation from article 49, § 1, for affiliates who reach the age of 55 in 2016, the supplementary pension benefit and vested reserves may also be liquidated from the moment the affiliate reaches the age

63 so far as under the convention of such pension in force before the date of entry into force of this section. "."
S. 21. in the same Act inserted an article 65/2 as follows: "article 65/2. The provisions of article 49, § 2, paragraph 3 are applicable to advances, put in pledge or assignment of the commuted value to the reconstitution of a mortgage agreed from January 1, 2016."
S. 22. in the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, it is inserted a section 63/2 as follows: "article 63/2.
By way of derogation from article 27, § 1, for affiliates who reach the age of 58 years or more by 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 60 years for as far as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 27, § 1, for affiliates who reach the age of 57 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 61 years insofar as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 27, § 1, for affiliates who reach the age of 56 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 62 years insofar as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 27, § 1, for affiliates who reach the age of 55 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 63 years for as far as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows. "."
S. 23. in the Act, it is inserted an article 63/3 as follows: "article 63/3. By way of derogation from article 27, § 1, for affiliates dismissed at the earliest at the age of 55 years for the making of course of a scheme of unemployment with complement of undertaking as part of a restructuring plan drawn up and communicated to the regional Minister or federal employment before October 1, 2015, the supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 60 provided that the pension regulations as in force before the date of entry into force of this article permits it.
For the purposes of this article, is meant by restructuring plan the restructuring plan referred to in article 17, § 2, 3 ° of the royal decree of 3 May 2007 laying down the rules of unemployment with complement of a recognized company in difficulty or in restructuring business, "."
S. 24. in the same Act inserted an article 63/4 as follows: "article 63/4. The provisions of article 27, § 2, paragraph 3 are applicable to advances, put in pledge or assignment of the commuted value to the reconstitution of a mortgage agreed from January 1, 2016."
S. 25. in the same Act, it is inserted a section 63/5 as follows: "article
63/5. Article 27 § 4 is not applicable to affiliates who reach the age of 55 years old no later than December 31, 2016.
When the pension commitment contains provisions covered by article 27, § 4, regulation of pension or pension agreement can define what affiliates benefit from these provisions. If these provisions allow affiliates to benefit from pension benefits before retirement age without taking account of a refresh or taking an advantageous refresh account, absence of provisions to the contrary in the regulations, pension or pension convention, the benefit resulting from the application of these provisions is not part of the accrued benefits of the affiliate as defined in article 3 , § 1, 12 °.
"The entry into force of article 27, § 4, can only lead to a decrease of the acquired reserves which existed at the date of its entry into force."
S. 26. in the law of May 15, 2014, on of various provisions, it is inserted an article 55/1 as follows: "article
55/1. By way of derogation from article 40 § 1, for affiliates who reach the age of 58 years or more by 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 60 years for as far as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 40 § 1, for affiliates who reach the age of 57 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 61 years insofar as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 40 § 1, for affiliates who reach the age of 56 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 62 years insofar as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
By way of derogation from article 40 § 1, for affiliates who reach the age of 55 in 2016, supplementary pension benefit and vested reserves may also be paid from the moment the affiliate reaches the age of 63 years for as far as the regulation of pension or pension convention such as in force before the date of entry into force of this section allows.
S. 27. in the same Act, it is inserted a section 55/2 as follows: "article 55/2. The provisions of article 40, § 2, paragraph 3 are applicable to advances, put in pledge or assignment of the commuted value to the reconstitution of a mortgage agreed from January 1, 2016."
S. 28. in the same Act inserted an article 55/3 as follows: "article
55/3. Article 40, paragraph 3, is not applicable to affiliates who reach the age of 55 years old no later than December 31, 2016.
"The entry into force of this paragraph, can only lead to a decrease of the acquired reserves which existed at the date of its entry into force."
Section 3. -Activity carried out by a pensioner sub-section 1. -Provision amending art.
29 article 13 of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, as amended by the Act of 15 may 2014, is inserted after the existing paragraph 3 and before existing paragraph 4 which becomes paragraph (5), a paragraph 4, as follows : "Does however not commitment to pension or the commitment to solidarity linked to the commitment of pension, pensioner, worker who pursues a professional activity."
Sub-section 2. -Disposition transitional art. 30. in the same Act inserted an article 63/6 worded as follows: "article 63/6. Article 13, paragraph 4 is not applicable to pensioners persons who, at the time of the entry into force of this paragraph, are affiliated with commitment of pension as well as, where appropriate, the commitment of solidarity under the provisions of the regulation of pension or pension convention."
S. 31. in the law of May 15, 2014, on of various provisions, inserted a section 55/4 as follows: "article
55/4. "Pensioners persons receiving at the time of the entry into force of this section, a pension commitment governed by this Act continue to be rights as long as they are leader company of the organiser and to the extent where the regulation of pension or pension convention provides."
CHAPTER 2. -Retirement age Section 1st.
-Modifications of the programme law (I) of 24 December 2002 subsection 1.
-Provision amending art. 32. in article 44, § 1, of the programme law (I) of 24 December 2002, as last amended by the Act of 15 may 2014, there shall be inserted a paragraph 3 as follows: "For pension conventions subscribed from the date of entry into force of this paragraph, the Convention of pension retirement age may be less than the age of the pension in effect at the time of the subscription."
Sub-section 2. -Disposition transitional art. 33. in the Act, it is inserted an article 65/3 as follows: "article 65/3. In case of change in retirement age provided for in a convention of pension existing at the date of entry into force of this section, retirement age must not be less than the age of the pension in effect at the time of the amendment".
Section 2. -Amendments to the law of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits subsection 1st social security. -Provision amending art. 34. in article 5, § 2/2 of

the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, inserted by the law of May 15, 2014, is inserted a paragraph (2) as follows: "for pension obligations established from the date of entry into force of this paragraph, the retirement age provided for in the regulation of pension or pension convention must not be below the legal age pension in effect at the time of the establishment."
Sub-section 2. -Disposition transitional art. 35. in the Act, it is inserted an article 63/7 as follows: "article 63/7. If the retirement age provided by the regulation of pension or the convention of pension commitment of pension existing at the date of entry into force of this section, retirement age must not be less than the age of the pension in effect at the time of the change."
S. 36. in the same Act, it is inserted a section 63/8 as follows: "article 63/8. Pension schemes existing at the date of entry into force of this section, the rules of pension retirement age cannot be less than the age of the pension in effect for workers who come into service from 1 January 2019."
Section 3. -Amendment of Title 4 of the Act of 15 may 2014 on miscellaneous provisions subsection 1. -Provision amending art. 37. in article 36, § 2 of the Act of 15 may 2014 bearing of various provisions, it is inserted a paragraph 2 as follows: "For pension obligations established from the date of entry into force of this paragraph, the retirement age provided for in the regulation of pension or pension convention may be less than the age of superannuation in force."
Sub-section 2. -Disposition transitional art. 38. in the same Act, it is inserted a section 55/5 as follows: "article 55/5. If the retirement age provided by the regulation of pension or the convention of pension commitment of pension existing at the date of entry into force of this section, retirement age must not be less than the age of the pension in effect at the time of the amendment".
S. 39. in the same Act, it is inserted an article 55/6 worded as follows: "article 55/6. To pension schemes existing at the date of entry into force of this section, the regulation of pension retirement age cannot be less than the age of the pension in effect for the business leader whose membership starts from 1 January 2019 "."
TITLE 4. -Provision common in titles 2 and 3 s. 40. the formal adaptation to the provisions of titles 2 and 3 of pension regulations and pension agreements will take place no later than December 31, 2018.
TITLE 5. -Entry into force art. 41. the provisions of title 2, Chapter 2 shall apply to the outputs within the meaning of article 3, § 1, 11 ° of the law of 28 April 2003 on supplementary pensions and the tax regime of these and some additional social security benefits involved at the earliest from 1 January 2016.
S. 42. this Act comes into force January 1, 2016, with the exception of article 2, 4 °, which is effective the date of publication of this Act in the Moniteur belge in relation to the obligation for the FSMA to proceed with publication of the rate applicable from 1 January 2016 at the latest 31 December 2015.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 18 December 2015.
PHILIPPE by the King: the Minister of Pensions, D. Babu the Minister of independent, W. BORSUS sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 0090 - 54-1510 full report: December 17, 2015.