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)

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belgiquelex.be - Carrefour Bank of Legislation

18 DECEMBER 2015. - Act to ensure the sustainability and social character of supplementary pensions and to strengthen the complementary nature of pension benefits (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Measures to ensure sustainability
and the social character of supplementary pensions
CHAPTER 1er. - Revision of performance guarantee
Section 1re. - Amendments to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits
Art. 2. In section 24 of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits, as amended lastly by the Act of 15 May 2014, the following amendments are made:
1° in paragraph 1er and paragraph 2, paragraph 1er, the words "by the King" are replaced by the words "in accordance with § 3";
2° in the Dutch version of paragraph 1er and paragraph 2, paragraph 1er the words "een door de Koning bepaalde rentevoet" are replaced by the words "of rentevoet vastgesteld overeenkomstig § 3";
3° in paragraph 2, paragraph 2, the words "article 1er"are replaced by the words "paragraph 1er";
Paragraph 3 is replaced by the following:
§ 3. Until December 31, 2015, the rate referred to in § 1er, equal to 3.75 per cent and the rate referred to in § 2, paragraph 1erequals 3.25 per cent.
From 1er January 2016, the rate referred to in § 1er and § 2, paragraph 1er is equal to a percentage of the average at 1er June over the last 24 months of the yields of the linear obligations of the Belgian State to 10 years rounded to the nearest 25 pdb (basic point). This rate is applied to 1er January of the following year. For determination of rate applicable to 1er January 2016, average 1er June 2015 is taken into account.
The percentage referred to in paragraph 2 is 65% for the years 2016 and 2017.
Average positive opinion of the National Bank of Belgium before 1er November 2017, the percentage referred to in paragraph 2 is increased from 1er January 2018, at 75%.
Average positive opinion of the National Bank of Belgium before 1er November 2018, the percentage referred to in paragraph 2 is increased from 1er January 2019, not more than 75% of a previous positive opinion on an increase to that percentage.
Average positive opinion of the National Bank of Belgium before 1er November 2019, the percentage referred to in paragraph 2 is increased from 1er January 2020, at 85% or, in the absence of a positive opinion on recovery to this percentage, at 75% if the National Bank of Belgium has not previously provided a positive opinion on an increase to that percentage.
The National Bank of Belgium gives notice before 1er November of each following year as long as it has not made a positive opinion on the application of the percentages referred to in the preceding paragraph.
The opinions of the National Bank of Belgium referred to in the preceding paragraphs are positive when the formula provided for in paragraph 2 with the application of the increase of the intended percentage gives a result that is less than or equal to the maximum rate of life insurance of the prudential regulation applicable to insurance companies.
The National Bank of Belgium publishes the notices referred to in the preceding paragraphs on its website.
By derogation from paragraph 2, if the result of the calculation referred to in paragraph 2 not rounded to the nearest 25 pdb (basic point) differs from less than 25 pdb (basic point) compared to the result of that same calculation the previous year the rate is not changed and that is the rate of the previous year that remains in effect.
If the rate determined in accordance with paragraphs 2 to 8 is less than 1.75 per cent, it is increased to 1.75 per cent. If this rate is above 3.75 per cent, it is limited to 3.75 per cent.
FSMA publishes before 1er December of each year on its website the rate determined in accordance with this paragraph to be applied on 1er January of the following year. For the applicable rate from 1er January 2016, FSMA publishes no later than December 31, 2015. ";
5° the article is supplemented by paragraphs 4, 5 and 6 as follows:
§ 4. For the purposes of this paragraph, it shall be understood by:
- horizontal method: the method in which, if the rate is changed in accordance with § 3, the old rate applies to the first of the events referred to in § 1er and § 2, paragraph 1er on contributions due on the basis of the pension regulation or pension agreement before the amendment and the new rate applies to the first of the events referred to in § 1er and § 2, paragraph 1er on contributions due on the basis of the pension regulation or pension agreement from the amendment;
- vertical method: the method in which, in the event of a change in the rate in accordance with § 3, the old rate applies until the time of its modification to the contributions due on the basis of the pension regulation or pension agreement before the amendment and the new rate applies on the contributions due on the basis of the pension regulation or pension agreement from the modification and on the amount resulting from the capitalization to the pension
For pension commitments established from 1er January 2016, the pension regulation or pension agreement specifies whether it is the vertical method or the horizontal method that is applied for the capitalization of contributions when the rate is changed in accordance with § 3.
In the absence of explicit mention in the pension regulations or the pension agreement and for all pension commitments made before 1er January 2016:
- the horizontal method is applied if the pension commitment is implemented in full by one or more pension organizations that guarantee up to the retirement age on the entire pension commitment a result determined on the basis of the contributions paid;
- the vertical method is applied in all other cases.
The application of the vertical or horizontal method may only be modified in the event of an amendment to the performance of the pension undertaking that the pension agency now guarantees or no longer guarantees up to the retirement age on the entire pension commitment a result determined according to the contributions paid.
If the method is amended when the change to the performance of the pension undertaking referred to in the preceding paragraph is not accompanied by a transfer of reserves, the amended method applies only to new contributions due on the basis of the pension regulations or the pension agreement. In the case of a transfer of reserves, the amended method applies to contributions due on the basis of the pension regulations or pension agreement after the transfer and contributions due prior to the capitalized transfer on the basis of the old method up to the date of the transfer.
§ 5. For the purposes of this article to the pension commitments referred to in Article 21, the term "contributions" applies to the "assigned amounts".
§ 6. The pension agency shall provide the affiliate, upon request, with a detailed calculation of the capitalization of contributions calculated on the basis of this section. "
Art. 3. Article 42, § 1er, paragraph 2 of the same law is supplemented by 6°, 7° and 8° written as follows:
"6° where the pension agency guarantees on the contributions paid a specified result, the technical bases of the pricing and to what extent and for what time the technical bases of the pricing are guaranteed;
7° the method applicable in accordance with Article 24 § 4;
8° the current level of financing of the guarantee referred to in section 24."
CHAPTER 2. - Installation of the possibility of death cover
in case of exit without further change of pension commitment
Section 1re. - Amendments to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits
Art. 4. In Article 31, § 1er, paragraph 2, of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits, the following amendments are made:
1° the 3° is completed by the following words:
"in case of maintenance of death cover, the amount and type of death cover."
2° paragraph 2 is supplemented by the 4° written as follows:
"4° if computable, the amount of benefits acquired if the affiliate opts for the option of choice referred to in article 32, § 1erParagraph 1er3°, c)."
Art. 5. In section 32 of the Act, last amended by the Act of 27 October 2006, the following amendments are made:
1° paragraph 1erParagraph 1er, 3° is completed by c) as follows:
"(c) without any change in the pension commitment that a death allowance corresponding to the amount of the reserves acquired; in this case, the benefits acquired are recalculated on the basis of the reserves acquired to account for this death benefit."
2° in paragraph 3, 3rd paragraph, the words "in the 11 months following opt for the possibility referred to in § 1erParagraph 1er, 3°, c) or " are inserted between the words "the affiliate can" and the words "at any time".
Art. 6. In section 33/1 of the Act, inserted by the Act of 15 May 2014, the following amendments are made:
1° paragraph 1erParagraph 2 is replaced by the following:
"By derogation from the preceding paragraph, in cases of release referred to in Article 3, § 1er, 11°, a), 2°, and b), 2°, the worker may opt for the possibility referred to in article 32, § 1erParagraph 1er3°, c)."
2° paragraph 1erParagraph 3 is repealed.
Paragraph 2, paragraph 3, is replaced by the following:
"The pension agency shall then have a period of thirty days to inform the affiliate in writing of the exit, the maintenance or non-maintenance of the death and right, in accordance with paragraph 1er, paragraph 2, to opt for the possibility referred to in article 32, § 1erParagraph 1er3°, c)."
Paragraph 2, paragraph 4, shall be replaced by the following:
"When the affiliate has let an expiry of 30 days after the information has been sent by the pension agency referred to in paragraph 3, it is presumed not to have opted for the possibility referred to in section 32, § 1erParagraph 1er, 3°, c). However, the affiliate retains the right to opt for the possibility referred to in article 32, § 1erParagraph 1er3°, c) for an additional 11 months."
Paragraph 3, paragraph 2 is replaced by the following:
"The pension agency shall then have a period of thirty days to inform the affiliate in writing of the exit, the maintenance or non-maintenance of the death and right, in accordance with paragraph 1er, paragraph 2, to opt for the possibility referred to in article 32, § 1erParagraph 1er3°, c)."
Paragraph 3, paragraph 3, is replaced by the following:
"When the affiliate has let an expiry of a period of thirty days after the information has been sent by the pension agency referred to in paragraph 2, it is presumed not to have opted for the possibility referred to in section 32, § 1erParagraph 1er, 3°, c). However, the affiliate retains the right to opt for the possibility referred to in article 32, § 1erParagraph 1er3°, c) for an additional 11 months."
PART 3. - Measures to strengthen the complementary nature
Supplementary Pensions against Pensions
CHAPTER 1er. - Retirement
Section 1re. - Retirement Notion
Sub-section 1re. - Amendments
of 24 December 2002
Art. 7. In section 42 of the Program Law (I) of 24 December 2002, as last amended by the Act of 15 May 2014, the following amendments are made:
1° on 14°, repealed by the law of 19 April 2014, is reinstated in the following wording:
"14° retired: the effective taking of the pension in respect of the professional activity that gave rise to the formation of the benefits. "
2° the article is completed by the 16° written as follows:
"16th legal age of pension: the age of pension under Article 3 of the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to Articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the legal pension schemes and Article 3, § 1er4° of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union. "
Art. 8. In section 47 of the Act, last amended by the Act of 15 May 2014, the following amendments are made:
1° paragraph 2 is replaced by the following:
"At retirement or on the date the benefits are due in accordance with Article 49 § 1er, paragraph 5 or section 65/1, benefits are, if necessary, supplemented to the portion of the contributions paid, which has not been consumed for the coverage of the death risk prior to the date the benefits are due and, where applicable, for the financing of the solidarity benefits. ";
2° Paragraph 3 is replaced by the following:
"The provision of paragraph 2 is not applicable to benefits due within five years of the conclusion of the pension agreement."
Art. 9. In section 48 of the Act, subsection 3 replaced by the Act of 15 May 2014 is replaced by the following:
§ 3. Upon retirement or when other benefits are due, the pension agency shall inform the beneficiary or his or her beneficiaries of the benefits that are due, on the possible payment options, including the right to transform into annuity provided for in section 50, § 1erParagraph 1er and the data required for payment."
Sub-section 2. - Amendments to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits
Art. 10. In Article 3, § 1er, the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits, as amended lastly by the Act of 15 May 2014, the following amendments are made:
1° on 22°, repealed by the law of 19 April 2014, is reinstated in the following wording:
"22° retired: the effective taking of the pension in respect of the professional activity that resulted in the creation of the benefits. "
2° the article is completed by the 27° written as follows:
"27° legal age of pension: the age of pension under Article 2, § 1erof 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 legal pension schemes. "
Art. 11. In the French version of Article 6, § 1er, paragraph 2 of the same law, last amended by the law of May 15, 2014, the word "retirement" is replaced by the words "retirement".
Art. 12. In section 24 of the Act, last amended by the Act of 18 December 2015, the following amendments are made:
1° in paragraph 1er, the words "of his retirement" are replaced by the words "of his retirement, or when benefits are due in accordance with Article 27, § 1er, paragraph 6 or sections 63/2 and 63/3," and the words "retirement age" are replaced by the words "the date the benefits are due";
2° in paragraph 2, paragraph 1er, the words "of his retirement" are replaced by the words "of his retirement, or when benefits are due in accordance with Article 27, § 1er, paragraph 6 or sections 63/2 and 63/3," and the words "retirement age" are replaced by the words "the date the 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, § 1er6 or articles 63/2 and 63/3".
Art. 13. In section 26 of the Act, subsection 3 replaced by the Act of 15 May 2014 is replaced by the following:
§ 3. Upon retirement or when other benefits are due, the pension agency or the organizer himself, if the request is made, shall inform the beneficiary or his beneficiaries of the benefits that are due, on the possible payment options, including the right to transform into annuity provided for in article 28, § 1er and the data required for payment."
Art. 14. In article 27, § 3, of the same law, inserted by the law of 22 December 2003, the word "retirement" is replaced by the words "retirement".
Subsection 3. - Changes in title 4
Act of 15 May 2014 on various provisions
Art. 15. Article 35 of the Act of 15 May 2014 on various provisions is supplemented by the 18th and 19th drafted as follows:
"18° retired: the effective taking of the retirement pension in respect of the professional activity that resulted in the creation of the benefits.
19th legal age of pension: the age of pension under Article 3 of the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to Articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the legal pension schemes and Article 3, § 1er4° of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union. "
Art. 16. In section 39 of the Act, subsection 2 is replaced by the following:
"§2. When retiring or when other benefits are due, the pension agency or the organizer himself, if so requested, shall inform the beneficiary or his beneficiaries of the benefits that are due, the possible payment options and the data required for payment. "
Section 2. - Payment of benefits
Sub-section 1re. - Amendments to the Programme Act (I) of 24 December 2002 to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary social security benefits and to the Act of 15 May 2014 on various provisions
Art. 17. In section 49 of the Program Law (I) of 24 December 2002, as last amended by the Act of 15 May 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Without prejudice to the provisions of § 2 and the right to transfer reservations referred to in Article 51, the supplementary pension benefit, the reserves acquired or the reserves resulting from the transfer of the reserves referred to in Article 51 shall be liquidated when the affiliate is retired. The benefits are calculated on the date of the affiliate's retirement and paid no later than 30 days after the affiliate's communication to the pension agency of the data required for payment.
The pension agreement remains in effect until retirement.
At the latest, noon days before the affiliate's retirement, the affiliate shall inform the pension organization in writing of its retirement.
From 1er January 2017, the obligation to inform the pension agency of the retirement of the affiliate is resumed by the asbl Sigedis, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity. The King may specify the content and terms of this information.
Derogation from paragraph 1er, if the retirement is after the date on which the affiliate reaches the legal age of the pension in force or the date on which the member meets the conditions to obtain his early retirement pension from an independent worker, the supplementary pension benefit and the reserves referred to in paragraph 1er may, at the request of the latter, be liquidated from one of these dates provided that the pension agreement expressly provides for it."
2° Paragraph 2 is supplemented by paragraph 3, which reads as follows:
"In the event of benefits advances, pension entitlements or the assignment of the redemption value to the replenishment of a mortgage, they cannot provide a term less than the legal age of the pension. "
Art. 18. In section 27 of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional benefits in social security, last amended by the Act of 15 May 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Without prejudice to the provisions of § 2 and the right to transfer the reservations referred to in Article 32, the supplementary pension benefit, the reserves acquired, the reservations resulting from the transfer of the reservations referred to in Article 32, § 1er, 1°, 2°, 3° b), or the reserves resulting from the application of section 33 are liquidated when the affiliate is retired. The benefits are calculated on the date of the affiliate's retirement and paid no later than 30 days after the affiliate's communication to the pension agency of the data required for payment.
The pension commitment remains in effect until retirement, except in the event of a repeal of the pension commitment.
At the latest, noon days before the affiliate's retirement, the organizer shall inform the pension organization in writing of its retirement.
If the affiliate is released, the affiliate shall notify the pension organization of its retirement in writing no later than noon days before retirement.
From 1er January 2017, the obligation to inform the pension agency of the retiring of the affiliate is resumed by the asbl Sigedis, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of solidarity between generations. The King may specify the content and terms of this information.
Derogation from paragraph 1erif the retirement is later than the date on which the affiliate reaches the legal age of the pension in force or the date on which the member meets the conditions to obtain the employee's early retirement pension, the benefit and reserves referred to in paragraph 1er may, at the request of the latter, be liquidated from one of these dates provided that the pension regulations or pension agreements expressly provide for it."
2° paragraph 2 is supplemented by paragraph 3 as follows:
"In the event of benefits advances, pension entitlements or the assignment of the redemption value to the replenishment of a mortgage, they cannot provide a term less than the legal age of the pension. "
3° the article is supplemented by paragraph 4 as follows:
§ 4. Provisions for the purpose and/or consequence of:
- Limit or remove the consequences of an exit or retirement before the legal age of the pension on the extent of the supplementary pension benefit;
- Provide additional benefits due to exit or retirement;
This leads to an increase in reserves and/or benefits acquired or any other additional benefit due to retirement or exit are in absolute nullity. "
Art. 19. In section 40 of the Act of May 15, 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Without prejudice to the provisions of § 2 and the right of the business leader to transfer his reserves, when he ceases to be the business leader of the organizer, to a pension organization that manages the reserves in accordance with this title, the supplementary pension benefit and the reserves acquired are liquidated when the affiliate is retired. The benefits are calculated on the date of the affiliate's retirement and paid no later than 30 days after the affiliate's communication to the pension agency of the data required for payment.
The pension commitment remains in effect until retirement, except in the event of a repeal of the pension commitment.
At the latest, noon days before the affiliate's retirement, the affiliate shall notify the pension organization in writing of its retirement.
From 1er January 2017, the obligation to inform the pension agency of the retirement of the affiliate is resumed by the asbl Sigedis, created in accordance with Article 12 of the Royal Decree of 12 June 2006 implementing Title III, Chapter II, of the Act of 23 December 2005 on the covenant of intergenerational solidarity. The King may specify the content and terms of this information.
Derogation from paragraph 1er, if the retirement is after the date on which the affiliate reaches the legal age of the pension in force or the date on which the member meets the conditions to obtain his early retirement pension as an independent worker, the benefit and reserves referred to in paragraph 1er may, at the request of the latter, be liquidated from one of these dates provided that the pension regulations or pension agreements expressly provide for it."
2° Paragraph 2 is supplemented by paragraph 3, which reads as follows:
"In the event of benefits advances, pension entitlements or the assignment of the redemption value to the replenishment of a mortgage, they cannot provide a term less than the legal age of the pension. "
3° the article is supplemented by paragraph 3 as follows:
§ 3. Provisions for the purpose and/or consequence of:
- Limit or remove the consequences of a retirement before the legal age of the pension on the scope of the supplementary pension benefit;
- Limit or delete the consequences of the fact that the business leader ceases to be the business leader of the organizer on the extent of the supplementary pension benefit;
- Provide additional benefits due to retirement or the fact that the business leader ceases to be the business leader of the organizer;
This leads to an increase in reserves and/or benefits acquired or any other additional benefit due to retirement or due to the fact that the company leader ceases to be the business leader of the organizer is struck by absolute nullity. "
Sub-section 2. - Transitional provisions
Art. 20. In the Programme Law (I) of 24 December 2002, an article 65/1 is inserted as follows:
"Art. 65/1. By derogation from Article 49, § 1er, for affiliates who reach the age of 58 years or older in 2016, the supplementary pension benefit and acquired reserves may also be liquidated from the time the affiliate reaches the age of 60, provided that the pension agreement as in force before the effective date of this section permits it.
By derogation from Article 49, § 1er, for affiliates who reach the age of 57 in 2016, the supplementary pension benefit and accrued reserves may also be liquidated from the time the affiliate reaches the age of 61 provided that the pension agreement as in force before the effective date of this section permits.
By derogation from Article 49, § 1er, for affiliates who reach the age of 56 in 2016, the supplementary pension benefit and acquired reserves may also be liquidated from the time the affiliate reaches the age of 62 provided that the pension agreement as in force before the effective date of this section permits it.
By derogation from Article 49, § 1er, for affiliates who reach the age of 55 in 2016, the supplementary pension benefit and acquired reserves may also be liquidated from the time the affiliate reaches the age of 63 as long as the pension agreement as in force before the effective date of this section permits. ".
Art. 21. In the same Act, an article 65/2 is inserted as follows:
"Art. 65/2. The provisions of Article 49, § 2, paragraph 3 shall apply to advances, pledges or assignments of the redemption value to the replenishment of an agreed mortgage credit from 1er January 2016. "
Art. 22. In the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits, an article 63/2 is inserted as follows:
"Art. 63/2. By derogation from Article 27, § 1er, for affiliates who reach the age of 58 years or older in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 60, provided that the pension or pension agreement as in force before the effective date of this section permits it.
By derogation from Article 27, § 1er, for affiliates who reach the age of 57 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 61, provided that the pension or pension agreement as in force before the effective date of this section permits it.
By derogation from Article 27, § 1er, for affiliates who reach the age of 56 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 62, provided that the pension regulations or pension agreements as in force before the effective date of this section authorizes it.
By derogation from Article 27, § 1er, for affiliates who reach the age of 55 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 63, provided that the pension or pension agreement as in force before the effective date of this section permits it. ".
Art. 23. In the same law, an article 63/3 is inserted as follows:
"Art. 63/3. By derogation from Article 27, § 1er, for affiliates terminated at the age of 55 with a view to taking up an unemployment plan with an additional business as part of a restructuring plan established and communicated to the Regional or Federal Minister of Employment before 1er October 2015, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 60, provided that the pension regulations as in force before the effective date of this section allow it.
For the purposes of this article, the restructuring plan referred to in Article 17, § 2, 3° of the Royal Decree of May 3, 2007 establishing the unemployment regime with an additional enterprise of a recognized company in difficulty or in restructuring shall be understood.
Art. 24. In the same law, an article 63/4 is inserted as follows:
"Art. 63/4. The provisions of Article 27, § 2, paragraph 3 shall apply to advances, pledges or assignments of the redemption value to the replenishment of an agreed mortgage credit from 1er January 2016. "
Art. 25. In the same law, an article 63/5 is inserted as follows:
"Art. 63/5. Section 27, § 4 is not applicable to affiliates who reach the age of 55 by December 31, 2016.
Where the pension undertaking contains provisions referred to in Article 27, § 4, the pension regulations or the pension agreement may define which members benefit from these provisions. If these provisions allow affiliates to benefit from pension benefits before the retirement age without taking into account an update or taking into account an advantageous update, in the absence of provisions in the pension regulations or the pension agreement, the benefit resulting from the application of these provisions is not part of the benefits acquired from the affiliate as defined in Article 3, § 1er12°.
The entry into force of Article 27, § 4, cannot in any case lead to a decrease in the acquired reserves that existed on the date of this entry into force. "
Art. 26. In the Act of 15 May 2014 on various provisions, an article 55/1 is inserted as follows:
"Art. 55/1. By derogation from Article 40, § 1er, for affiliates who reach the age of 58 years or older in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 60, provided that the pension or pension agreement as in force before the effective date of this section permits it.
By derogation from Article 40, § 1er, for affiliates who reach the age of 57 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 61, provided that the pension or pension agreement as in force before the effective date of this section permits it.
By derogation from Article 40, § 1er, for affiliates who reach the age of 56 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 62, provided that the pension regulations or pension agreements as in force before the effective date of this section authorizes it.
By derogation from Article 40, § 1er, for affiliates who reach the age of 55 in 2016, the supplementary pension benefit and accrued reserves may also be paid from the time the affiliate reaches the age of 63, provided that the pension or pension agreement as in force before the effective date of this section permits it.
Art. 27. In the same Act, an article 55/2 is inserted as follows:
"Art. 55/2. The provisions of Article 40, § 2, paragraph 3 shall apply to advances, pledges or assignments of the redemption value to the replenishment of an agreed mortgage credit from 1er January 2016. "
Art. 28. In the same law, an article 55/3 is inserted as follows:
"Art. 55/3. Article 40, § 3, is not applicable to affiliates who reach the age of 55 by December 31, 2016.
The entry into force of this paragraph shall in no case lead to a reduction in the acquired reserves that existed on the date of this entry into force. "
Section 3. - An employee's activity
Sub-section 1re. - Amending provision
Art. 29. Section 13 of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain supplementary social security benefits, last amended by the Act of 15 May 2014, is inserted after the present paragraph 3 and before the current paragraph 4, which becomes paragraph 5, paragraph 4, as follows:
"However, it does not benefit from the pension commitment or from the commitment of solidarity related to the pension commitment, the pensioned worker, who performs a professional activity. "
Sub-section 2. - Transitional provision
Art. 30. In the same Act, an article 63/6 is inserted as follows:
"Art. 63/6. Section 13, paragraph 4, is not applicable to pensioners who, at the time of the entry into force of the said paragraph, are affiliated with the pension undertaking and, where appropriate, the solidarity undertaking under the provisions of the pension regulations or the pension agreement."
Art. 31. In the Act of 15 May 2014 on various provisions, an article 55/4 is inserted as follows:
"Art. 55/4. Pensioners who, at the time of the coming into force of this section, are entitled to a pension commitment governed by this Act continue to be entitled as long as they are a business leader of the organizer and to the extent that the pension regulations or pension agreements provide for it."
CHAPTER 2. - Retirement age
Section 1re. - Amendments
of 24 December 2002
Sub-section 1re. - Amending provision
Art. 32. In Article 44, § 1er, of the Programme Law (I) of 24 December 2002, last amended by the Act of 15 May 2014, a paragraph 3 is inserted as follows:
"For pension agreements subscribed from the date of entry into force of this paragraph, the retirement age under the pension agreement cannot be less than the legal age of the pension in force at the time of subscription. "
Sub-section 2. - Transitional provision
Art. 33. In the same law, an article 65/3 is inserted as follows:
"Art. 65/3. In the event of an amendment to the retirement age provided for by an existing pension agreement on the effective date of this section, the retirement age may not be less than the legal age of the pension in force at the time of the amendment."
Section 2. - Amendments to the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits
Sub-section 1re. - Amending provision
Art. 34. In Article 5, § 2/2 of the Act of 28 April 2003 on supplementary pensions and the taxation of supplementary pensions and certain additional benefits in the area of social security, inserted by the law of 15 May 2014, is inserted a paragraph 2 which reads as follows:
"For pension commitments introduced from the date of entry into force of this paragraph, the retirement age provided for in the pension regulations or the pension agreement shall not be less than the legal age of the pension in force at the time of the establishment. "
Sub-section 2. - Transitional provision
Art. 35. In the same Act, an article 63/7 is inserted as follows:
"Art. 63/7. In the event of an amendment to the retirement age provided for in the pension regulations or pension agreement of an existing pension undertaking on the effective date of this section, the retirement age shall not be less than the legal age of the pension in force at the time of the amendment. "
Art. 36. In the same law, an article 63/8 is inserted as follows:
"Art. 63/8. For pension plans existing on the date of entry into force of this section, the retirement age of the pension regulations may not be less than the legal age of the pension in force for workers who enter into service from 1er January 2019. "
Section 3. - Amendment of title 4
Act of 15 May 2014 on various provisions
Sub-section 1re. - Amending provision
Art. 37. In article 36, § 2 of the Act of 15 May 2014 on various provisions, a paragraph 2 is inserted as follows:
"For pension commitments introduced from the date of entry into force of this paragraph, the retirement age provided for in the pension regulations or the pension agreement shall not be less than the legal age of the pension in force. "
Sub-section 2. - Transitional provision
Art. 38. In the same law, an article 55/5 is inserted as follows:
"Art. 55/5. In the event of an amendment to the retirement age provided for in the pension regulations or pension agreement of an existing pension undertaking on the effective date of this section, the retirement age may not be less than the legal age of the pension in force at the time of the amendment".
Art. 39. In the same law, an article 55/6 is inserted as follows:
"Art. 55/6. For pension plans that exist on the date of entry into force of this section, the retirement age of the pension regulations may not be less than the legal age of the pension in force for the business officer whose affiliation begins on or after 1er January 2019. ".
PART 4. - Common provision in titles 2 and 3
Art. 40. Formal adaptation to the provisions of titles 2 and 3 of pension regulations and pension agreements will occur no later than December 31, 2018.
PART 5. - Entry into force
Art. 41. The provisions of Title 2, Chapter 2 apply to exits within the meaning of Article 3, § 1er11° of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain complementary benefits in social security which are at the earliest possible date from 1er January 2016.
Art. 42. This Act comes into force on 1er January 2016 with the exception of Article 2, 4° which comes into force on the day of the publication of this Act to the Belgian Monitor with respect to the obligation of the MSDS to publish the applicable rate from 1er January 2016 no later than December 31, 2015.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2015.
PHILIPPE
By the King:
Minister of Pensions,
D. BACQUELAINE
Minister of Independents,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 0090 - 54-1510
Full report: 17 December 2015.