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28 AVRIL 2015. - Public Sector Pension Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Public sector pensions
Section 1^re. - Diploma bonus
Sub-section 1^re. - Amendments to the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers
Art. 2. In the Act of 9 July 1969 amending and supplementing the legislation relating to the retirement and survival of public sector workers, last amended by the Act of 12 May 2014, an article 36bis is inserted as follows:
Article 36bis. The duration resulting from the application of articles 33, 34quater and 35, § 1^er is, for the determination of the right to pension, reduced by the following table:

For persons who, as at December 31 of a specified calendar year, meet the conditions to be eligible for a pension, the duration of the reduction is that applicable to pensions that take place on December 1^er January of the same calendar year, regardless of the subsequent effective date of the retirement of such persons. ".
Art. 3. In the same Act, an article 36ter is inserted as follows:
Article 36ter. For the determination of the right to pension, sections 33 and 34bis are no longer applicable to pensions that take place from 1^er January 2030. ".
Sub-section 2. - Amendments to the Act of June 16, 1970 on bonuses for diplomas in education members
Art. 4. In the Act of June 16, 1970 on the bonuses for diplomas in education members, last amended by the Act of May 5, 2014, an article 5bis is inserted as follows:
Article 5bis. The duration resulting from the application of articles 2, 3 and 4, § 1^er is, for the determination of the right to pension, reduced by the following table:

For persons who, as at December 31 of a specified calendar year, meet the conditions to be eligible for a pension, the duration of the reduction is that applicable to pensions that take place on December 1^er January of the same calendar year, regardless of the subsequent effective date of the retirement of such persons. ".
Art. 5. In the same law, an article 5ter is inserted as follows:
Article 5ter. For the determination of the right to pension, sections 2 and 2bis are no longer applicable to pensions that take place from 1^er January 2030. ".
Subsection 3. - Study periods and periods assimilated
Art. 6. Sections 36bis and 36ter of the Act of 9 July 1969 amending and supplementing the legislation relating to the pension and survival of public sector workers, apply to any period of study or assimilation that takes into account for the determination of the right to a pension referred to in section 38 of the Act of 5 August 1978 of economic and budgetary reforms or section 80 of the Act of 3 February 2003 making various amendments to the public sector
Sub-section 4. - Entry into force - Transitional provisions
Art. 7. This section comes into force on 1^er January 2016.
Art. 8. Articles 2 to 6 do not apply:
1° to persons who at 1^er January 2015 was at their request in a position of availability, total or partial, prior to retirement or in a similar situation;
2° to persons who have filed an application approved by their employer before 1^er January 2015 to be placed before 2 September 2015 in a situation under 1°;
3° to persons who, if they had introduced the application, could have been placed no later than 1^er January 2015 in a situation under 1°.
The King shall establish, by Royal Decree deliberated in the Council of Ministers, the list of situations that give rise to the application of paragraph 1^er.
Section 2. - Cumulating public sector pension with income from the exercise of a professional activity or with a replacement income
Art. 9. In the Program Act of June 28, 2013, last amended by the Act of May 12, 2014, the title of subsection 2, of Part 8, Chapter 1^erSection 2, is replaced by the following:
"Subsection 2. - Earning one or more retirement pensions or one or more retirement and survival pensions with professional income from the calendar year in which the age of 65 is reached".
Art. 10. In the same subsection of the Act, an article 77/1 is inserted as follows:
"Art. 77/1. A person who benefits from one or more retirement pensions or one or more retirement and survival pensions may in an unlimited manner accumulate these pensions with professional income from 1^er January of the calendar year in which this person reaches the age of 65.".
Art. 11. In Title 8, Chapter 1^er, Section 2, of the same Act, after section 77/1, a sub-section 2/1 entitled:
"Subsection 2/1. - Cumulating one or more survival pensions with professional incomes for calendar years that follow the year when the age of 65 is reached".
Art. 12. In section 78 of the Act, the words "retirement or" are deleted.
Art. 13. Section 79 of the Act is repealed.
Art. 14. In Title 8, Chapter 1^erSection 2, Sub-section 3, of the Act, is inserted an article 81/1, which reads as follows:
"Art. 81/1. By derogation from sections 80, 81 and 83, a person who benefits from one or more retirement pensions or one or more retirement and survival pensions may, in an unlimited manner, accumulate these pensions with professional income for the calendar years prior to that in which he or she reaches the age of 65, if at the time of his or her first retirement pension in accordance with section 87, paragraph 2, it proves a career of at least 45 calendar years calculated
Derogation from paragraph 1^er, the person who has been retired from office may, for the calendar years preceding the calendar year in which he or she reaches the age of 65, accumulate in an unlimited manner one or more pension or one or more pension and survival pensions with professional income from the calendar year in which he or she proves a career of 45 years, in accordance with the rules applicable to the early pension plan for the employed, but without taking into account a full-year pension However, if this is a person who was retired from office before 1^er January 2018, the calendar years in which a pension has been fully or partially paid may be taken into account as:
(a) if the pension took place before 1^er January 2014, the employee had a professional activity at 1^er January 2014;
(b) if the pension takes place after 31 December 2013 but before 1^er January 2018, the interested party has a professional activity at 1^er January of the calendar year following the taking of the pension. ".
Art. 15. In the title of Sub-Section 5, Section 2, Chapter 1^er, of Title 8 of the same law, the words "retirement or" are deleted.
Art. 16. In section 84 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "retirement or" are deleted;
2° in paragraph 2, paragraph 1^er, the words "subsections 3 and 4" are replaced by the words "subsection 4";
Paragraph 3 is repealed.
Art. 17. In section 87, paragraph 1^er, of the same law, the words ", with the exception of the calendar year in which a career of 45 calendar years is proved as referred to in section 81/1," are inserted after the words "For the year of taking the pension,".
Art. 18. In section 88 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
§ 1^er. If, for a specified calendar year, professional income exceeds the limit amounts set out in accordance with sections 78, 80, 81, 82 to 85 or 87, the pension is, for that same year, reduced to the percentage of that exceedance. ";
2° paragraph 2, paragraph 1^er, is replaced as follows:
"By derogation from § 1^erif, for the calendar year in which the person who benefits exclusively from one or more survival pensions reaches the age of 65, the professional income that relates to the period referred to in Article 84, § 2, paragraphs 1 and 2, and that exceeds the limit amount resulting from the application of Article 84, § 2, paragraph 3, the pension is, for that same period, reduced to the percentage of the excess. ";
Paragraph 2, paragraph 3, is repealed;
4° in paragraph 4, paragraph 1^er, the words "the suspension or" are deleted.
Art. 19. In section 90 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "78 to 81" are replaced by the words "77/1, 80, 81";
2° in paragraph 3, the words "article 79" are replaced by the words "article 81/1";
Art. 20. In section 95 of the same law, the words "suspended or" and the words "suspended or" are deleted.
Art. 21. This section produces its effects on 1^er January 2015 and is also applicable to current pensions and cumulatives as at 31 December 2014.
Section 3. - Pension bonus
Art. 22. In the programme law of 28 June 2013, an article 109/1 is inserted as follows:
"Art 109/1. Sections 105 to 109 are applicable only to an officer who, before 1^er December 2014, as the case may be, meets the age and career conditions required for the granting of an early retirement pension before the age of 65 in accordance with section 46 of the Act of 15 May 1984, which provides for harmonization measures in pension plans or attains the age of 65 and proves 40 years of eligible services determined in accordance with section 46 of the Act of 15 May 1984 referred to above."
Art. 23. This section produces its effects on 1^er January 2015.
Section 4. - Autonomous provisions
Art. 24. This section applies to pensions referred to in section 38 of the Act of 5 August 1978 of economic and budgetary reforms or to section 80 of the Act of 3 February 2003 making various amendments to public sector pension legislation.
Art. 25. In case of application of section 1^re, the person who reaches the age of 55 or 56 in 2016 may in any event be placed on a pension upon the expiry of a period of three years of service taking place at the time that, on the basis of the legislation in force as of December 31, 2015, the person meets the conditions to be eligible for a pension.
In case of application of section 1^re, a person who reaches the age of 57 or 58 in 2016 may in any event be placed on a pension upon the expiry of a period of two years of service taking place from the time that, on the basis of the legislation in force as of December 31, 2015, the person meets the conditions to be eligible for a pension.
In case of application of section 1^re, the person who reaches the age of 59 or more in 2016 may in any event be placed on a pension upon the expiry of a period of one year of services taking place at the time that, on the basis of the legislation in force as of December 31, 2015, the person meets the conditions to be eligible for a pension.
Art. 26. This section comes into force on 1^er January 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 April 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: 0041 - 54-922
Full report: 22 April 2015