Act Provisions For Pensions Of The Public Sector (1)

Original Language Title: Loi portant des dispositions concernant les pensions du secteur public (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015022159&caller=list&article_lang=F&row_id=300&numero=348&pub_date=2015-05-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-05-13 Numac: 2015022159 FEDERAL social security PUBLIC SERVICE April 28, 2015. -Law concerning provisions for pensions of the public sector (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Section 1 public sector pensions. -Bonus for diploma sub-section 1. -Amendments to the law of 9 July 1969 amending and supplementing legislation relating to pensions and survival of s. public officers 2 the law of July 9, 1969 amending and supplementing legislation relating to pensions and survival of the agents of the public sector, as last amended by the Act of May 12, 2014, it is inserted in an article 36A reading as follows: 'Article 36A. Duration resulting from the application of sections 33, 34, 34quater and 35 § 1 is, for the determination of entitlement to the pension, reduced in accordance with the table below: Date taken courses of the pension period of reduction for a degree with a duration of 2 years or less duration reduction for a diploma of studies lasting more than 2 years and less than 4 years duration of the reduction for a graduate of a duration curriculum of 4 years or more Ingangsdatum van pensioen Duur voor een diploma vermindering van het met een studieduur van 2 jaar of minder Duur voor een diploma vermindering van met een studieduur van meer dan 2 jaar in minder dan 4 jaar Duur voor een diploma vermindering van met een studieduur van 4 jaar of meer of / van 01.01.2016 to the/tot 31.12.2016 4 months/maanden 5 months/maanden 6 months/maanden of / van 01.01.2017 to the/tot 31.12.2017 8 months/maanden 10 months/maanden 12 months/maanden of / van 01.01.2018 to the/tot 31.12.2018 12 months/maanden 15 months/maanden 18 months/maanden of / van 01.01.2019 to the/tot 31.12.2019 16 months/maanden 20 months/maanden 24 months/maanden of / van 01.01.2020 to the/tot 31.12.2020 20 months/maanden 25 month/maanden 30 months/maanden of / van 01.01.2021 to the/tot 31.12.2021 24 months/maanden 30 months/maanden 36 months/maanden of / van 01.01.2022 to the/tot 31.12.2022 - 35 months/maanden 42 month/maanden of / van 01.01.2023 to the/tot 31.12.2023 - 36 months/maanden 48 months/maanden of / van 01.01.2024 to the/tot 31.12.2024 - 54 months/maanden of / van 01.01.2025 to the/tot 31.12.2025 - 60 months/maanden of / van 01.01.2026 to the/tot 31.12.2026 - 66 months/maanden of / van 01.01.2027 to the/tot 31.12.2027 - 72 months/maanden of / van 01.01.2028 to the/tot 31.12.2028 - 78 months/maanden of / van 01.01.2029 to the/tot 31.12.2029 - 84 month/maanden for persons who on 31 December in a given calendar year meet the conditions to qualify for a retirement pension, the duration of the reduction is that applicable to the pensions which will start January 1 of the same calendar year, regardless of the later effective date of the retirement of these persons. "."
S. 3. in the same Act inserted an article 36ter as follows: "Article 36ter. For the determination of entitlement to the pension, articles 33 and 34A are more applications for pensions that take courses from 1 January 2030. "."
Sub-section 2. -Amendments to the law of 16 June 1970 relating to bonuses for graduates on pensions of the members of education article 4. in the law of 16 June 1970 relating to bonuses for graduates on pensions of the members of the teaching, as last amended by the Act of May 5, 2014, it is inserted an article 5bis as follows: Article 5bis. The resulting duration of the implementation of articles 2, 3 and 4, § 1 is, for the determination of entitlement to the pension, reduced in accordance with the table below: Date taken courses of the pension period of reduction for a degree with a duration of 2 years or less duration reduction for a diploma of studies lasting more than 2 years and less than 4 years duration of the reduction for a graduate of a duration of studies 4 years or more Ingangsdatum van pensioen Duur voor een diploma vermindering van het met een studieduur van 2 jaar of minder Duur voor een diploma vermindering van met een studieduur van meer dan 2 jaar in minder dan 4 jaar Duur voor een diploma vermindering van met een studieduur van 4 jaar of meer of / van 01.01.2016 to the/tot 31.12.2016 4 months/maanden 5 months/maanden 6 months/maanden of / van 01.01.2017 to the/tot 31.12.2017 8 months/maanden 10 months/maanden 12 months/maanden of / van 01.01.2018 to the/tot 31.12.2018 12 months/maanden 15 months/maanden 18 months/maanden of / van 01.01.2019 to the/tot 31.12.2019 16 months/maanden 20 months/maanden 24 months/maanden of / van 01.01.2020 to the/tot 31.12.2020 20 months/maanden 25 month/maanden 30 months/maanden of / van 01.01.2021 to the/tot 31.12.2021 24 months/maanden 30 months/maanden 36 months/maanden of / van 01.01.2022 to the/tot 31.12.2022 - 35 months/maanden 42 months. maanden of / van 01.01.2023 to the/tot 31.12.2023 - 36 months/maanden 48 months/maanden of / van 01.01.2024 to the/tot 31.12.2024 - 54 months/maanden of / van 01.01.2025 to the/tot 31.12.2025 - 60 months/maanden of / van 01.01.2026 to the/tot 31.12.2026 - 66 months/maanden of / van 01.01.2027 to the/tot 31.12.2027 - 72 months/maanden of / van 01.01.2028 to the/tot 31.12.2028 - 78 months/maanden of / van 01.01.2029 to the/tot 31.12.2029 - 84 month/maanden for persons who on 31 December in a given calendar year meet the conditions to qualify for a pension, the duration of the reduction is that applicable to the pensions which will start January 1 of the same calendar year, regardless of the later effective date of the retirement of these persons. "."
S. 5. in the same Act, it is inserted an article 5B as follows: "Article 5b. For the determination of entitlement to the pension, articles 2 and 2A are no longer application for pensions that take courses from 1 January 2030. "."
Sub-section 3. -Periods of studies and periods y assimilated art. 6. articles 36A and 36ter of the Act of July 9, 1969, amending and supplementing the legislation on pensions and survival of public sector agents, apply to any period of studies or are entering into account for the determination of entitlement to a pension referred to in article 38 of the Act of August 5, 1978, of economic and budgetary reforms or article 80 of the law of February 3, 2003 making various changes to the legislation on pensions of the public sector.
Subsection 4. -Entry into force - provisions transitional art. 7. This section enter into force 1 January 2016.
S. 8. articles 2 to 6 are not applicable: 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 people who, if they had introduced the request could be placed no later than 1 January 2015 in a situation referred to in 1 °.
By royal decree deliberated in the Council of Ministers, the King establishes the list of situations that give rise to 1 paragraph.
Section 2. -Accumulation of pensions of the public sector with income earned from the exercise of a professional activity or income replacement article 9. in the programme act of June 28, 2013, as last amended by the Act of May 12, 2014, the heading of section 2, title 8, Chapter 1, Section 2, is replaced by the following: "subsection 2. -Accumulation of one or more pensions pension or one or more pensions and of survival with professional income from calendar year reaches the age of 65".
S. 10. in the same subsection of the Act, it is inserted an article 77/1 as follows: "article 77/1. The person who has one or more pensions pension or one or more retirement and survival pensions can unlimitedly accumulate these pensions with professional income from January 1 of the calendar year during which the person attained the age of 65 years. "."
S. 11. in title 8, Chapter 1, Section 2, of the Act, it is inserted after article 77/1 a 2/1 subsection titled: "sub-section 2/1. -Cumulation of only one or more pensions survival with professional revenues for the calendar years following the year reaches the age of 65".
S. 12. in article 78 of of the Act, the words "retirement or" are deleted.
S. 13. article 79 of the Act is repealed.
S. 14. in title 8, Chapter 1, Section 2, subsection 3, of the Act, is inserted an article 81/1 as follows: "article 81/1. By way of derogation to articles 80, 81 and 83, the person who has one or more pensions pension or one or more retirement and survival pensions can unlimitedly accumulate these pensions with professional revenues for the calendar years previous to that in which it reaches the age of 65, if at the time when his first pension takes courses in accordance with article 87 , paragraph 2, it proves a career of at least 45 calendar years calculated in accordance with the rules applicable to the pension early in the regime of salaried workers.
By way of derogation from paragraph 1, a person who has been updated with the retirement of office may, for the calendar years preceding the calendar year during which

She reached the age of 65 years, earn unlimited one or more pension or a pension or several pensions and survival with income professional from the calendar year during which it proves a career of 45 years, in accordance with the rules applicable to the early for salaried workers pension plan, but without taking account of the calendar years in which a retirement pension was totally or partially paid. However, if it is a person who has been putting office retired prior to January 1, 2018, the calendar years in which a retirement pension was totally or partially paid may be taken into account insofar as: has) if the pension took classes before January 1, 2014, the person exercised an occupation January 1, 2014;
(b) if the pension begins after December 31, 2013, but before January 1, 2018, the person concerned exercises a professional activity on 1 January of the calendar year following the taking of courses of the pension. "."
S. 15. in the title of the sub-section 5 of Section 2 of Chapter 1, title 8 of the Act, the words "retirement or" are deleted.
S. 16. in article 84 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "retirement or" shall be deleted;
2 ° in paragraph 2, paragraph 1, the words "subsections 3 and 4" shall be replaced by the words "subsection 4";
3 ° paragraph 3 is repealed.
S. 17. in article 87, paragraph 1, of the Act, the words ", with the exception of the calendar year in which a 45-year civilian career is proven as referred to in article 81/1," shall be inserted after the words "in the course of the pension year".
S. 18. in article 88 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "§ 1." If, for a given calendar year, incomes exceed the amounts limit fixed in accordance with articles 78, 80, 81, 82 and 85 or 87, the pension is, for this same year, reduced to the percentage of the excess competition. ";
2 ° paragraph 2, paragraph 1, is replaced as follows: "by way of derogation to the § 1, if for the year during which the person receiving only survivor's pensions reached the age of 65, professional income which relate to the period referred to in article 84, paragraph 2, subparagraphs 1 and 2, and which exceed the amount limit resulting from the application of article 84" , § 2, paragraph 3, the pension is, for this same period, reduced to the extent of the percentage of the overrun. ";
3 ° paragraph 2, subparagraph 3 is repealed;
4 ° in paragraph 4, paragraph 1, the words "the suspension or" are deleted.
S.
19. in section 90 of the Act, the following amendments are made: 1 ° in paragraph 1, 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";
S.
20. in section 95 of the Act, the words "suspended or" and the words "the suspension or" are deleted.
S.
21. This section has effect 1 January 2015 and is also applicable to pensions and current totals to December 31, 2014.
Section 3. -Bonus pension art.
22. in the programme act of June 28, 2013, it is inserted an article 109/1 as follows: "Art 109/1. Articles 105 to 109 shall apply to an officer who, before December 1, 2014, as the case may be, meets the conditions of age and duration of career required for the grant of a pension of retirement before the age of 65 pursuant to section 46 of the Act of May 15, 1984 wearing harmonization in pension plans or reaches the age of 65 years and demonstrates 40 years of eligible service determined in accordance with article 46 of the Act of 15 May 1984."
S.
23. This section has effect 1 January 2015.
Section 4.
-Provisions autonomous art. 24. This section applies to pensions referred to in article 38 of the Act of August 5, 1978, of economic and budgetary reforms or article 80 of the law of February 3, 2003, various amendments to the legislation relating to pensions of the public sector.
S.
25. in case of application of the 1st section, the person who reached in 2016 age 55 or 56 years may in any case be put to superannuation on the expiry of a period of three years of services taking courses at the time where, on the basis of legislation in force on 31 December 2015, it meets the requirements to be possible pension advance.
Where the 1st section, a person who attained in 2016 the age of 57 or 58 years may in any case be put to superannuation on the expiry of a period of two years of services 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.
In case of application of section 1st, the person who reaches the age of 59 in 2016 or more may in any case be put to superannuation on the expiry of a period of one year of services taking courses at the time where, on the basis of legislation in force on 31 December 2015, it meets the requirements to be possible pension advance.
S. 26. This section enter into force 1 January 2016.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 28 April 2015.
PHILIPPE by the King: the Minister of Pensions, D. Babu sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 0041-54-922 full report: April 22, 2015