Legislation To Raise The Legal Age Of Retirement Pension, The Conditions For Access To The Early Retirement Pension And The Minimum Age For The Survivor's Pension (1)

Original Language Title: Loi visant à relever l'âge légal de la pension de retraite, les conditions d'accès à la pension de retraite anticipée et l'âge minimum de la pension de survie (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015022279&caller=list&article_lang=F&row_id=200&numero=272&pub_date=2015-08-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-08-21 Numac: 2015022279 SERVICE PUBLIC FEDERAL security social 10 August 2015. -Act to raise the legal age of retirement pension, the conditions for access to the early retirement pension and the age of superannuation of survival (1) PHILIPPE, King of the Belgians, to all, present and to come, 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. -Provisions relating to the pensions of public sector chapter 1. -Raising the legal age of retirement pension and modification of the conditions of access to superannuation early Section 1st. -Provisions amending art. (2A section 46 of the Act of 15 May 1984 on harmonisation measures of pension, as amended plans as last amended by the Act of May 5, 2014, the following changes are made: 1 °) in the § 1, paragraph 1, the words "62nd Birthday" are replaced by the words "63rd birthday";
2 °) in the § 1, paragraph 1, 1 °, '40 years' shall be replaced by the words '42 years';
3 °) in the § 1, paragraph 3, the words '62 years', '42 years', and '41 years', are replaced by the words '63 years' respectively '44 years' and '43 years';
4 °) paragraph 2 is supplemented by the 4 °, 5 ° and 6 ° written as follows: "4 ° for superannuation taking courses between January 1, 2016 and December 31, 2016:-at age 62 for people who can assert at least 40 years of specified services in accordance with the § 1, paragraph 1, 1 °;"
-61 years for people who can assert at least 41 years of services determined in accordance with the § 1, paragraph 1, 1 °;
-at age 60 for people who can assert at least 42 years of services determined in accordance with the § 1, paragraph 1, 1 °;
5 ° for superannuation taking courses between January 1, 2017 and December 31, 2017:-62 years and 6 months for people who can assert at least 41 years of specified services in accordance with the § 1, paragraph 1, 1 °;
-61 years for people who can assert at least 42 years of services determined in accordance with the § 1, paragraph 1, 1 °;
-at age 60 for people who can assert at least 43 years of services determined in accordance with the § 1, paragraph 1, 1 °;
6 ° for the superannuation taking courses between 1 January 2018 and December 31, 2018:-at 63 years for people who can assert at least 41 years of specified services in accordance with the § 1, paragraph 1, 1 °;
-61 years for people who can assert at least 42 years of services determined in accordance with the § 1, paragraph 1, 1 °;
-at age 60 for people who can assert at least 43 years of services determined in accordance with the § 1, paragraph 1, 1 °. ";
5 °) paragraph 3 is replaced by the following: "§ § 3 3" The length of service requirement in the § 1, paragraph 1, 1 °, § 2 and § 2/1 should not be completed by the person born before January 1, 1953, or by the person who has reached the age of 65.
By way of derogation from paragraph 1, the age of 65 years referred to in that paragraph is increased to: 1 °) 66 years if the pension takes course between February 1, 2025 and January 31, 2030.
2 °) age 67 If the pension begins from February 1, 2030.
Pensions taking course during the month of January of the years 2014, 2015, 2016, 2017, 2018 or 2019, are, for the purposes of paragraph 2, supposed to take courses respectively in 2013, 2014, 2015, 2016, 2017 and 2018.
Pensions taking course during the month of January of the years 2017, 2018, 2019, 2020, 2021 or 2022, are, for the purposes of paragraph 3/1, supposed to take courses respectively in 2016, 2017, 2018, 2019, 2020 or 2021. ";
(6 °) in paragraph 3/1, the following changes are made: a) in paragraph 1, the words "§ 3, clauses 2 to 4" shall be replaced by the words "§ 3, paragraph 3";
(b) in paragraph 5, '42 years' shall each time be replaced by the words "42 years or more".
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3. in section 90 of the Act of December 28, 2011 bearing of various provisions, replaced by the law of December 13, 2012, "superannuation before the age of 62" shall be replaced by the words "retirement pension".
Section 2. -Provisions transitional art. (4. article 2 shall not apply: 1 °) to persons who on 1 January 2015 were at their request in a position of readiness, total or partial, prior to the retirement or in a similar situation.
(2 °) to persons who have submitted an application endorsed by their employer before January 1, 2015 to be placed before 2 September 2015 in a situation referred to in 1 °);
(3 °) to the persons who, if they had introduced the request could be placed no later than 1 January 2015 in a situation referred to in 1 °).
Situations that give rise to the application of paragraph 1 are those referred to in the list established by the King in pursuance of article 8, paragraph 2, of the law of 28 April 2015 amending of provisions relating to pensions of the public sector.
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5. in case of application of Chapter 2, section 1, Act of April 28, 2015, supra, section 1st or these two sections together, notwithstanding any other provision legal, regulatory or contractual, the person who reached in 2016:-the age of 55 or 56, may in any case be put to superannuation on the expiry of a period of three years of services taking courses from when on the basis of the legislation in force on 31 December 2015, it meets the requirements to be possible pension advance;
-the age of 57 or 58, may in any case be put to superannuation on the expiry of a period of two years of services taking courses from the moment, on the basis of legislation in force on 31 December 2015, it qualifies to be updated pension advance;
-59 years of age or older, may in any case be put to superannuation on the expiry of a period of one year of service taking courses from the moment where, on the basis of legislation in force on 31 December 2015, it meets the requirements to be possible pension advance.
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6 section 5 applies to pensions referred to in article 38 of the Act of August 5, 1978, of economic and budgetary reforms and article 80 of the law of February 3, 2003 various amendments to legislation on pensions of the public sector.
Section 3. -Provision repealing art.
7. in Chapter 2 of the aforementioned Act of April 28, 2015, section 4, comprising articles 24 to 26, is repealed.
Section 4. -Disposition final art. 8 the King can, by order deliberated in Council of Ministers, repeal, modify, supplement or replace the legal provisions relating to the pensions of the public sector to adapt to the progressive increase in the age and duration of services determined by article 46 §§ 1 to 3, of the Act of 15 May 1984 on harmonisation measures in pension as amended by section 2 of this chapter.
CHAPTER 2. -Raising the minimum age of the survivor's pension article
(9A article 5/1, § 1, of the law of 15 May 1984 laying down measures for harmonisation in pension, inserted by the law of May 15, 2014, the following changes are made: 1 °) in the § 1, paragraph 2, last indent, the words "is located after the 31 December 2024" are replaced by the words "occurs in the period from January 1, 2025 and 31 December 2025".
2 °) the § 1, paragraph 2, is supplemented by the following: "-51 years when the death of spouse occurs in the period between January 1, 2026 and the 31 December 2026;"
-52 years when the death of spouse occurs in the period between January 1, 2027, and December 31, 2027.
-53 years when the death of spouse occurs in the period between January 1, 2028 and December 31, 2028.
-54 years when the death of spouse occurs in the period between January 1, 2029, and December 31, 2029.
-55 years when the death of the spouse is subsequent to December 31, 2029. "."
S. 10. in article 6/1, paragraph 3 of the same Act inserted by the law of May 15, 2014, the words "increased to 50 years" are replaced by the words "increased to 55 years".
CHAPTER 3. -Entry into force art. 11. this title shall enter into force on January 1, 2017.
Title 3. -Provisions relating to the pensions of employees Chapter 1. -Raising the legal age of retirement pension and modification of the conditions of access to superannuation early Section 1st. -Increase in the legal age of retirement pension article 12. in section 2 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 schemes of pensions, amended by the law of 28 December 2011, paragraph 1 is replaced by the following: "§ 1." Retirement pension begins the first day of the month following that during which the person concerned so requests and no earlier than the first day of the month following that in which he reaches the age of superannuation. The age of the pension is: 1 ° 65 for pensions that take courses effectively and for the first time no later than January 1, 2025;
2 ° 66 years for pensions that take courses effectively and for the first

both the earlier February 1, 2025 and no later than January 1, 2030;
3 ° 67 years for pensions that take courses effectively and for the first time at the earliest on 1 February 2030 "."
S. 13. in article 4, § 4, paragraph 1, of the same Decree, as amended by the royal decree of 23 April 1997, the words 'the pensionable age, be 65 years' are replaced by the words "the pensionable age referred to in article 2 § 1".
S. 14. in article 7, § 1, paragraph 11, of the same Decree, the words "the age of 65" are replaced by the words "the pensionable age referred to in article 2 § 1".
S. 15. article 2 of the law of 22 March 2001 establishing the guaranteed income for the elderly, amended by law of December 23, 2005 and December 8, 2013, is complemented by the 7th as follows: "7 ° the royal decree of 23 December 1996: 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 schemes of" pensions'.
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16. article 3 of the Act is replaced by the following: 'article 3. the guaranteed income is provided to persons who have reached the legal age for pension referred to in article 2, § 1, of the royal decree of 23 December 1996 ".
S. 17. in article 3, § 1, of the royal decree of September 20, 2012, implementing articles 116, subparagraph 2 and 119 of the Act of December 28, 2011 various provisions, for pensions of civil aviation aircrew, the words "to 65", are hereby repealed.
Section 2. -Modification of the conditions of access to superannuation early art. 18. in article 4 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 schemes of pensions, as last amended by the Act of 24 June 2013, the following changes are made: 1 ° in the § 1 4 °, the words "no earlier than 1 January 2016." shall be replaced by the words "no earlier than 1 January 2016 and no later than December 1, 2016";
2 ° paragraph 1 is supplemented by 5 ° and 6 ° written as follows: "5 ° to the first day of the seventh month following that during which he reached the age of 62, for pensions that take courses effectively and for the first time to the earlier January 1, 2017 and no later than December 1, 2017;
6 ° to the first day of the month following that during which he reached the age of 63, for pensions that take courses effectively and for the first time at the earliest 1 January "2018;
in paragraph 2, paragraph 1 of the 3 °, 3 °, the words "no earlier than January 1, 2015." are replaced by the words "no earlier than January 1, 2015 and no later than December 1, 2016";
4 ° in paragraph 2, paragraph 1 is supplemented by 4 ° and 5 ° written as follows: "4 ° for at least 41 years, for pensions that take courses effectively and for the first time to the earlier January 1, 2017 and no later than December 1, 2018;
5 ° at least 42 years, for pensions that take courses effectively and for the first time at the earliest 1 January "2019;
5 ° in § 3, 3 °, the words "no earlier than 1 January 2016", are replaced by the words "no earlier than 1 January 2016 and no later than December 1, 2016";
6 ° paragraph 3 is supplemented by 4 ° and 5 ° written as follows: "(4° pour les pensions qui prennent cours effectivement et pour la première fois àle plus tôt le 1er janvier 2017 et àle plus tard le 1er décembre 2018: a) if the person concerned proves a career of at least 43 such calendar years as defined in paragraph 2, his retirement pension may take courses on the first day of the month following that in which he reaches the age" 60 years;
(b) if the person concerned proves a career of at least 42 such calendar years as defined in paragraph 2, his retirement pension may take courses on the first day of the month following that in which he reaches the age of 61.
5 ° for pensions that take courses effectively and for the first time at the earliest on 1 January 2019: a) if the person concerned proves a career of at least 44 such calendar years as defined in paragraph 2, his retirement pension may take courses on the first day of the month following that in which he reaches the age of 60;
(b) if the person concerned proves a career of at least 43 such calendar years as defined in paragraph 2, his retirement pension may take courses on the first day of the month following that in which he reaches the age of 61 years. ";
7 ° the paragraph 3A is supplemented by a paragraph worded as follows: "by way of derogation to paragraphs 1 to 3 and without prejudice to paragraph 1, a person, who has reached the age of 59 or more in 2016, can take his pension early conditions of age and career laid down in paragraphs 1 to 3 and in force until December 31, 2016" , increased each year. ";
8 ° in paragraph 3B, three paragraphs worded as follows shall be inserted between paragraphs 3 and 4: "by way of derogation to the § 1, 5 °, the age for pensions taking courses in January 2017 is set according to the § 1, 4 °." By way of derogation from paragraph 2, paragraph 1, 4 °, the status of career required for pensions taking courses in January 2017 is fixed in accordance with § 2, paragraph 1, 3 °.
By way of derogation to the § 1, 6 °, the age for pensions taking courses in January 2018 is set according to the § 1, 5 °.
By way of derogation from paragraph 2, paragraph 1, 5 °, the status of career required for pensions taking courses in January 2019 is fixed in accordance with § 2, paragraph 1, 4 °. ";
9 ° paragraph 3B is supplemented by two paragraphs worded as follows: "by way of derogation from § 3, 4 °, the status of career required for pensions taking courses in January 2017 is fixed in accordance with § 3, 3 °."
By way of derogation from paragraph 3, 5 °, the status of career required for pensions taking courses in January 2019 is fixed in accordance with § 3, 4 °. ".
S. 19. the workers who were dismissed, have resigned or who have with their employer an agreement that puts an end to the employment contract, subject, in each of these cases, the provision of notice or the payment of compensation in the amount of notice, can take their retirement pension in advance age and career conditions laid down by article 4 , §§ 1 to 3 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 statutory pension and in force until 31 December 2016 included, provided that they meet the following cumulative conditions: 1 ° the notice began before 9 October 2014 and ends after December 31, 2016 or the period covered by the indemnity Notice started before October 9, 2014 and ends after December 31, 2016;
2 ° the conditions of age and career are complied with at the date of the notice or the period covered by the notice allowance.
When they introduce their pension retirement under paragraph 1 application, employees provide to the national Office of Pensions, in support of their application, as appropriate: 1 ° a copy of the notification of the leave which mentions the onset and duration of the notice period or the period covered by the notice allowance;
2 ° a copy of the agreement that terminates the contract of employment, and mentions the onset and duration of the notice period or the period covered by the notice allowance.
S. 20. salaried workers who have agreed with their employer an agreement individual who terminates the contract of employment, can take their retirement pension in advance age and career conditions laid down by article 4 §§ 1 to 3, 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 statutory schemes pensions and in force until December 31, 2016, provided that they meet the following cumulative conditions: 1 ° the convention is written;
2 ° the convention was entered into before October 9, 2014; This condition is deemed to be completed when mention of the worker on a nominative list annexed to a collective labour agreement referred to 3 ° (b)), or a collective labour agreement filed before January 1, 2015, taken in execution of a collective agreement referred to 3 °, b);
3 ° the convention was concluded outside the framework of a conventional retirement and has its basis in statutory or regulatory provisions or in one of the following collective instruments: has) a settlement of work communicated prior to October 9, 2014, in accordance with article 15, paragraph 7, of the Act of 8 April 1965 establishing regulations of work;
(b) a collective agreement filed before October 9, 2014, in accordance with article 18 of the Act of 5 December 1968 on collective labour agreements and joint committees;
(c) a settlement of pension in effect prior to October 9, 2014, within the meaning of article 3, § 1, 9 °, of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits;
4 ° the legal or regulatory provisions or collective instruments, which are referred to in the 3rd, provide a process of starting to take the early pension;

5 ° at the end of the contract of employment, these workers meet the abovementioned conditions of age and career.
When they introduce their retirement under paragraph 1 pension application, employees provide to the national Office for Pensions, in support of their request: 1 ° a copy of the individual convention written;
2 ° a copy of the regulations of work, a copy of the collective agreement, a copy of the pension regulations or the reference to the legal and regulatory provisions.
CHAPTER 2. -Raising the minimum age of the survivor's pension article 21. in article 16, § 1, of the royal decree No 50 of 24 October 1967 on retirement and survival of salaried workers pension, amended by laws of the 5 June 1970, 25 January 1999 and 5 may 2014, the following changes are made: 1 ° in paragraph 2, 11 ° is replaced by the following: "11 ° 50 years When the death of spouse occurs no earlier than January 1, 2025 and no later than December 31, 2025; ";
2 ° paragraph 2 is supplemented by 12 °, 13 °, 14 °, 15 ° and 16 ° written as follows: "12 ° 51 years, when the death of spouse occurs no earlier than January 1, 2026 and no later than December 31, 2026;"
13 ° 52 years, when the death of spouse occurs no earlier than January 1, 2027 and no later than December 31, 2027.
14 ° 53 years, when the death of spouse occurs no earlier than January 1, 2028 and no later than December 31, 2028.
15 ° 54 years, when the death of spouse occurs no earlier than January 1, 2029 and no later than December 31, 2029.
16 ° 55 years, when the death of spouse occurs at the earliest on 1 January 2030 ";
3 ° it is inserted between paragraphs 2 and 3 a paragraph worded as follows: "the survivor's pension is granted to a surviving spouse who, at the date of the death of his spouse, reached the age referred to in article 2".
CHAPTER 3. -Other provisions relating to the allocation of transition article 22. in article 21, § 1, paragraph 1, of the law of 13 June 1966 relating to the retirement and survival pension workers, employees, mariners sailing under the Belgian flag, miners and free insured, replaced by the law of January 25, 1999 and amended by the law of 22 March 2001, the following changes are made
(: 1 ° 1 ° is supplemented by the i) as follows: "i) transitional allowances granted in the pension for employees";
2 ° in 2 °, b) is replaced by the following: "b.) l'Office national Pensions in this respect the advantages referred to in 1 °, a, c, d, e, h, i, as appropriate, to the f and g".
S. 23. in article 21, § 1, of order royal No. 50 supra, replaced by the law of May 5, 2014, the sentence "in the other cases, she takes courses at the earliest the first day of the month following the application" is replaced by the phrase "in other cases, she takes courses at the earliest the first day of the month following this request for the duration set under article 21B and calculated from the date on which the transition allowance would have taken courses if the application had been introduced in the twelve months following the death of the spouse.
S. 24. article 21B of the same order, inserted by the Act of May 5, 2014, is supplemented by a paragraph 4 as follows: "§ § 4 4" The surviving spouse, who joined by successive marriages, cannot earn a transition allowance under this order with a survivor's pension or a benefit in lieu thereof to load a plan Belgian or foreign. In this case, he chose between two benefits and this choice is final".
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25. in article 21quater of the same order, inserted by the Act of May 5, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "a surviving spouse who has benefited or could have benefited from the provisions of this chapter, is entitled to the provisions of Chapter 3 in the survivor's pension when it enjoys a load of a Belgian legal pension plan retirement pension or when it is granted a pension on grounds health or physical unfitness in the public sector, provided that it is not remarried at the date of course of the survivor's pension. ";
2 ° in paragraph 2, the 3rd is replaced by the following: "3 ° at the legal age of the Belgian retirement pension when the surviving spouse does not a personal professional career.".
S. 26. in article 7A 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 schemes of pensions, inserted by the Act of May 5, 2014, the following changes are made: 1 ° in the 1st paragraph, paragraph 4 is replaced by the following : "When the spouse died before 1 January of the year of his twenty-first birthday and was occupied in the sense of royal decree No. 50 at the time of his death, the amount of the transitional allowance is equal to 60%:-1 ° of the amount of the remuneration of the deceased spouse referred to in article 7 of the royal decree No. 50 and for the most advantageous of the calendar years;"
-2 ° of the lump sum amount referred to in article 8, § 1, paragraph 1, if the mode of calculation in the 1 ° cannot be applied or is less favourable. ";
2 ° in the 1st paragraph, the paragraph 6 is repealed;
3 ° in paragraph 2, paragraph 1 is replaced by the following: ' by way of derogation to the § 1, 1st paragraph, if the annual earnings for a year of career of the deceased worker, re-evaluated at the date of the allocation of transition course is less per year, to the amount referred to in article 8, § 1, paragraph 1, the transition allowance is calculated on the basis of the amount for the year under review. " This amount shall be fixed in proportion to proven tenure expressed in days full time equivalent. ";
4 ° in paragraph 2, paragraphs 3 and 4 are repealed.
CHAPTER 4. -Entry into force art. 27. this title is effective January 1, 2015, with the exception of articles 12 to 20 and article 21, 1 ° and 2 °.
Title 4. -Provisions relating to pensions for self-employed persons Chapter 1.
-Raising the legal age of retirement pension and modification of the conditions of access to superannuation early Section 1st. -Provisions amending art.
28A article 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 as last amended by the Act of June 28, 2013, the following changes are made: 1 ° paragraphs 1A and 1B shall be inserted, worded as follows: "§ 1bis." From February 1, 2025 and for pensions that take courses effectively and for the first time no earlier than February 1, 2025 and no later than January 1, 2030, the pensionable age is 66 years.
§ 1B. From February 1, 2030 and for pensions that take courses effectively and for the first time to the earlier February 1, 2030, the pensionable age is 67 years. ";
(2) in paragraph 2bis, subparagraph 4, inserted by the law of 21 December 2012 and repealed by the law of June 28, 2013, is restored.
3 ° in paragraph 2bis, subparagraph 4 which becomes paragraph 5 is repealed;
4 ° a 2B paragraph worded as follows is added: "§ 2B." Superannuation may nonetheless take courses, the choice and the application of the person concerned, before the prescribed age in the § 1, and the earliest the first day of the month following the 63rd birthday.
Notwithstanding paragraph 1 and for pensions that take courses effectively and for the first time to the earlier February 1, 2018 and no later than January 1, 2019, the retirement pension may take elective courses and to the application of the person: 1 ° the first day of the month following the 60th anniversary when the person proves a career of at least 43 calendar years;
2 ° the first day of the month following the 61st anniversary where the person concerned proves a career of at least 42 calendar years;
3 ° the first day of the month following the 62nd anniversary where the person concerned proves a career of at least 42 calendar years.
Notwithstanding paragraph 1 and for pensions that take courses effectively and for the first time at the earliest from February 1, 2019, superannuation can take courses, to choose, and at the request of the person concerned: 1 ° the first day of the month following the 60th anniversary where the person concerned proves a career of at least 44 calendar years;
2 ° the first day of the month following the 61st anniversary where the person concerned proves a career of at least 43 calendar years;
3 ° the first day of the month following the 62nd anniversary where the person concerned proves a career of at least 43 calendar years.
"Nevertheless, the person concerned, at one point, fulfilling the conditions of age and career under paragraph 2A, in this paragraph, at § 3, paragraph 2 or 3, or article 16ter, to obtain a retirement pension before the age referred to in paragraph 1, can get choice and at his request a retirement pension, regardless or later the date of actual course of the pension";
5 ° in paragraph 3, between paragraphs 2 and 3, two paragraphs are inserted worded as follows: "the possibility of obtaining a pension

early retirement pursuant to the § 2B, paragraph 1, is submitted in the head of the person responsible for the condition of proving a career of at least: 1 ° 41 calendar years if the pension takes courses effectively and for the 1st time the earlier February 1, 2018 and the more later than January 1, 2019;
2 ° 42 calendar years if the pension takes courses effectively and for the 1st time at the earliest from February 1, 2019.
By calendar years within the meaning of paragraph 3, it is meant the years likely to open rights to the pension under one or more Belgian statutory schemes and pension schemes which fall within the scope of application of the European regulations of social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed persons";
6 ° in the § 3, paragraph 3, which becomes paragraph 5, the words "the calendar years referred to in the paragraph 1 and paragraph 2" are replaced by the words"the calendar years referred to in paragraphs 1 to 4".
S. 29. in article 7, § 2, of the arrested, the words "the age of 65" are replaced by the words "the age referred to in article 3, § 1, § 1bis, or § 1B, as appropriate".
S. 30. in the same order, inserted a 16ter article as follows: "article 16ter. by way of derogation from article 3, § 2B, paragraph 1, and for pensions that take courses effectively and for the first time to the earlier February 1, 2017 and no later than January 1, 2018, superannuation can take courses, to choose, and at the request of the person concerned, no earlier than the first day of the seventh month following the 62nd anniversary provided that the interested party proves a career of at least 41 calendar years.
By way of derogation from paragraph 1, the pension may take courses at the earliest: 1 ° the first day of the month following the 60th anniversary where the person concerned proves a career of at least 43 calendar years;
2 ° the first day of the month following the 61st anniversary where the person concerned proves a career of at least 42 calendar years.
By calendar years within the meaning of paragraphs 1 and 2, it is necessary to hear the years likely to open the pension rights under one or more statutory Belgian pension, or schemes falling under the scope of the European regulations of social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed persons. "."
S. 31 A article 4 of the Act of 21 December 2012 on the changes 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 and establishing a transitional measure relating to the reform of the pension for early retirement for self-employed persons, the following changes are made: 1 ° 1st paragraph is replaced by the following: 'by way of derogation to the age and career conditions laid down in article 3 , § 2A, paragraphs 1 and 2, § 2B, § 3, paragraphs 1 and 2, article 16bis, §§ 1 and 2, and article 16ter of the same royal decree, the pension for early retirement from the person who was born before 1 January 1956 and proving, no later than December 31, 2012, a career of at least 32 calendar years within the meaning of article 3 ", § 3, paragraph 1, of the same royal decree may take courses from January 1, 2013, to the choice and at his request, no earlier than the 1st day of the month following its 62nd anniversary";
2 ° paragraph 3 is replaced by the following: "by years civil within the meaning of paragraph 2, it is necessary to hear the years likely to open the pension pursuant to a rights or several statutory Belgian pension within the meaning of article 3, § 3, paragraph 5, the same royal decree, or plans that fall within the scope of the European welfare or a social security convention regulations entered into by Belgium concerning pensions employed persons or self-employed persons".
Section 2. -Provisions transitional art. 32. Notwithstanding the age and career conditions laid down in article 3, § 2B, and article 16ter, 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 in the Economic Union and European monetary, a person who was born before January 1, 1958 may take his pension of retirement age and career conditions laid down in articles 3, § 2A, § 3, clauses 2 to 6, and 16bis , §§ 1 to 2A, of the royal decree of 30 January 1997 cited above, such as in force until December 31, 2016, increased each year.
S. 33. the person who can take his pension early in the scheme employed in application of article 19 or 20, and who worked in the scheme of the self-employed, can take his pension early in the scheme of the self-employed in age and career requirements laid down in articles 3, § 2A, and paragraph 3, subparagraphs 2 to 6 , and 16bis, §§ 1 to 2A, 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 the statutory pension schemes and of 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 such as in force until December 31, 2016.
CHAPTER 2. -Raising the minimum age of the survivor's pension and minimum grant of the allocation of transition article 34. at article 4, § 1, of the royal decree No. 72 of 10 November 1967 on superannuation retirement and survival of the self-employed, as last amended by the Act of April 25, 2014, the following changes are made: 1 ° in the paragraph 1, 2 °, 10 ° is replaced by the following: "10 ° 50 years when the death of the spouse occurs no earlier than January 1, 2025 and no later than 31 December 2025".
2 ° 1st paragraph, 2 °, is complemented by the 11 ° to 15 ° written as follows: "11 ° 51 years when the death of spouse occurs no earlier than January 1, 2026 and no later than December 31, 2026;"
12 ° 52 years when the death of spouse occurs no earlier than January 1, 2027 and no later than December 31, 2027.
13 ° 53 years when the death of spouse occurs no earlier than January 1, 2028 and no later than December 31, 2028.
14 ° 54 years when the death of spouse occurs no earlier than January 1, 2029 and no later than December 31, 2029.
15 ° 55 years when the death of spouse occurs at the earliest on 1 January 2030 ";
3 ° paragraph 1 is supplemented by a paragraph worded as follows: "the survivor's pension is granted to a surviving spouse who, on the date of the death of his spouse, has reached the age referred to in the preceding paragraph".
S. 35. in article 9A 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 inserted by the Act of April 25, 2014, paragraph 7 is replaced by the following: "§ § 7 7" If the amount of the transition allowance calculated in accordance with the provisions of articles 7A and 8A and this article is less than the amount obtained by multiplying the amount of 9 648,57 euros referred to in article 131ter, § 1, of the law of May 15, 1984 by the fraction referred to in article 7bis, § 1, the latter amount is allocated.
"From April 1, 2015, the amount of 9 648,57 euros referred to in paragraph 1 is equal to the amount referred to in article 131ter, § 1, of the law of May 15, 1984, to a survivor's pension".
CHAPTER 3. -Other provisions relating to the allocation of transition and the survivor's pension article 36A article 4 of royal decree No. 72 of 10 November 1967 on superannuation retirement and survival of the self-employed, as last amended by the law of August 10, 2015, the following changes are made: 1 ° the § 1, paragraph 1, 1 °, is supplemented by the following sentence: 'The King determines how proven the condition of the child support for which a spouse was receiving family allowances.';
2 °, paragraph 2 is replaced by the following: "the declaration of absence in accordance with the provisions of the civil Code constitutes proof of death. The absent spouse is supposed to be deceased at the time of transcription in the registers of civil status of the declarative judicial decision of absence cast in res judicata. "."
S. 37. in article 8 § 1 of the same order, replaced by the Act of April 25, 2014, the phrase "in other cases, the transition allowance takes courses at the earliest the first day of the month following that during

"which demand is introduced" is replaced by the phrase "in other cases, the transition allowance takes courses at the earliest the first day of the month following that during which the application is lodged, for the duration set under article 8b and calculated from the date at which the transition allowance would have taken courses if the application had been introduced in the twelve months following the death of spouse".
S. 38. in article 8 bis, § 1, paragraph 1, 2nd indent, of the arrested, inserted by the Act of April 25, 2014, the words "a child was" are repealed.
S. 39A article 8b of the same order, inserted by the Act of April 25, 2014, the following changes are made: 1 ° in paragraph 3, the words "in accordance with the provisions of articles 8-8quinquies" are replaced by the words "in accordance with the provisions of articles 8 and 8 bis and this article";
2 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4" The surviving spouse, who joined by successive marriages, cannot earn a transition allowance granted under this order with a survivor's pension or a benefit in lieu thereof to load a plan Belgian or foreign. In this case, he chose between two benefits and this choice is final".
S. 40A stopped 8 of the same article, inserted by the Act of April 25, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "a surviving spouse who has benefited or could have benefited from a transition allowance in accordance with the provisions of articles 8-8b, is entitled to a survivor's pension within the meaning of articles 4 to 6 where it enjoys a load of a Belgian legal pension plan retirement pension or where it enjoys a pension on grounds of health or physical unfitness in the public sector, provided that it is not remarried at the date of course of the survivor's pension. ";
2 ° in paragraph 2, the 3rd is replaced by the following: "3 ° at the legal age of the Belgian retirement pension when the surviving spouse does not a personal professional career.".
S. 41. in article 13 of the same stopped, replaced by the royal decree of March 30, 1982, the words "retirement pension and survivor's pension" are replaced by the words "retirement pension, survivor's pension and the transition allowance".
S. 42. in article 18 of the same law, amended by the royal decree of March 30, 1982, the words "retirement pension and survivor's pension" are replaced by the words "retirement pension, survivor's pension and the transition allowance".
S.
43. in article 30bis, of the arrested, as last amended by the Act of April 25, 2014, 1st paragraph is replaced by the following: "subject to the application of paragraph 2, the benefits referred to in this chapter are only payable if the beneficiary does not work and has no compensation for illness, disability" involuntary unemployment by application of social security legislation Belgian or foreign or international status applicable to the staff of an institution of public law, nor cause of career breaks, time credit allowance, reduction of benefits or compensation granted under the scheme of unemployment with complement of business. "."
S. 44. in article 7bis 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 inserted by the Act of April 25, 2014, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: "the King determines for the purposes of this paragraph that there are to be understood per day full-time independent worker.";
2 °, paragraph 2 is replaced by the following: "§ § 2 2" The King sets the terms for acquisition of the right to transitional allowance and the amount thereof when the spouse died before 1 January of the year of the 21st birthday. "."
S. 45A article 9bis of the same order, inserted by the Act of April 25, 2014, the following changes are made: 1 ° paragraph 8 is repealed;
2 ° paragraph 9, which the current text will form the paragraph 8 is replaced by the following: "§ § 8 8 ' Book III, title IIA of May 15, 1984 Act is not applicable to the allocation of transition".
CHAPTER 4. -Entry into force art.
46. article 28 (2) is effective on January 1, 2014.
Article 28, 3 °, is effective January 1, 2014.
Articles 34, 3 ° and 35 to 45 have effect on January 1, 2015.
Title 5. -Provision for the allocation of salaried workers and the self-employed Chapter 1 transition. -Provision amending art. 47. in article 187 of the programme law (I) of 24 December 2002, the following changes are made: 1 ° there shall be inserted a 1 ° 1 worded as follows: "1 ° 1. transition allowances granted in the pension of workers employees; ";
2 ° it is inserted a 6 ° 1 worded as follows: "6 ° 1.
transition allowances granted in the self-employed pension plan; "."
CHAPTER 2. -Entry into force art. 48. this title is effective January 1, 2015.
Title 6. -Provision for the allocation of transition for employees, self-employed workers and public sector chapter 1.
-Provision amending art. 49. in article 296 of the programme law (I) of 27 December 2006, the following changes are made: 1 ° in the § 1, 1 °, the words "and transition allowances" shall be inserted between the words "retirement and survival pensions" and "in charge of the salaried workers pension plan";
2 ° in paragraph 1, 2 °, the words "transition allowances" shall be inserted between the words "retirement and survival pensions" and the words "and pensions of divorced spouse";
3 ° in paragraph 1, 3 °, the words "and transition allowances" shall be inserted between the words "retirement and survival pensions" and the words "in charge of the Treasury";
4 ° in paragraph 2, it is inserted 1 ° 1 worded as follows: "1 ° 1. "pensions: the benefits referred to in paragraph 1".
CHAPTER 2. -Entry into force art. 50. this title is effective January 1, 2015.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given in Poitiers, on August 10, 2015.
PHILIPPE by the King: the Minister of Pensions, D. Babu Minister of independents, W. BORSUS sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 0069 - 54-1180 full report: July 23, 2015