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18 DECEMBER 2015. - An Act respecting the assimilation of a period of non-activity of certain members of the integrated police for the condition of career for early retirement, in terms of cumulative with a public sector pension, in respect of guaranteed income to older persons, and in respect of pensions of civil aviation personnel (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Public sector pensions
CHAPTER 1^er. - Provisions relating to the assimilation of a period of non-activity of certain members of the integrated police for the condition of career for early retirement
Art. 2. Article 46, § 1^er, paragraph 2, of the Act of May 15, 1984 on harmonization measures in pension plans, replaced by the Act of December 13, 2012 and amended by the Act of May 5, 2014, is supplemented by a 3° written as follows:
"3° also takes into account the periods spent in non-activity prior to the pension by the member of the operational framework of the Integrated Police granted under Article XII.XIII.1. of the PJPoL as inserted by the Royal Decree of 9 November 2015 on provisions relating to the termination regime for personnel of the operational framework of the Integrated Police. ".
Art. 3. This chapter produces its effects on the date of entry into force of the Royal Decree of 9 November 2015 on provisions relating to the end-of-career regime for staff in the integrated police operational framework.
CHAPTER 2. - Cumulative provisions with public sector pension
Section 1^re. - Maintenance of a retirement pension granted for physical incapacity with a replacement income
Art. 4. Section 91 of the Program Law of 28 June 2013 is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^era pension granted for physical incapacity may be accumulated indefinitely with a replacement income referred to in section 76, 10°, (b), (d) or (e). ".
Art. 5. In section 92 of the Act, the words "section 72, paragraph 2" are replaced by the words "section 91, paragraph 2".
Art. 6. This section produces its effects on 1^er January 2013 and is also applied to current pensions and cumulatives as at December 31, 2012.
Section 2. - Earning a pension granted for age limit with professional income
Art. 7. In section 81 of the Program Law of 28 June 2013, (a), partially cancelled by the Constitutional Court's decision No. 158/2014 of 30 October 2014, is replaced by the following:
"(a) retirement pensions granted to persons who have been retired from office before age 65 because of age limit;"
Art. 8. This section produces its effects on 1^er January 2013.
PART 3. - Private sector pension
CHAPTER 1^er. - Guaranteed income provisions for older persons
Art. 9. Section 18 of the Act of 22 March 2001 establishing the guarantee of income to older persons, replaced by the Act of 22 December 2008, is supplemented by a paragraph 3, which reads as follows:
§ 3. By derogation from paragraphs 1 and 2, the amount of guaranteed income paid is multiplied by 1.02 with effect 1^er September 2015. "
Art. 10. This chapter produces its effects on 1^er September 2015.
CHAPTER 2. - Provisions relating to civil aviation personnel pension
Art. 11. Section 8 of the Royal Decree of 20 September 2012 enforcing sections 116, paragraph 2 and 119, of the Act of 28 December 2011 on various provisions relating to the pension of civil aviation personnel, as confirmed by the Act of 27 December 2012, is supplemented by a paragraph written as follows:
"By derogation from Article 5, § 1^erParagraphs 4 and 5 of the Royal Decree of 3 November 1969, paragraph 1^er shall not prejudice the consideration of remuneration referred to in article 22, § 1^er of this order, as in force before their repeal by section 116 of the Act of 28 December 2011, in calculating the pension of workers who have reached the age of 55 at 31 December 2011. ".
Art. 12. This chapter produces its effects on 1^er January 2012.
Promulgate this law, 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
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 0090 - 54-1502
Full report: 17 December 2015