Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022263&caller=list&article_lang=F&row_id=700&numero=705&pub_date=2014-06-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2014-06-06 Numac: 2014022263 FEDERAL social security PUBLIC SERVICE April 24, 2014. -Law concerning amendments to 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 Affairs (1) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2A article 4, § 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 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 confirmed by the law of June 26, 1997, as amended by the programme act of 27 December 2006, the following changes are made: 1 ° to the paragraph 1, the words "and which lie before the year in which the pension takes courses" are replaced by the words "and which lie before the quarter during which the pension begins";
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "For the two quarters preceding that during which the retirement pension begins, contributions are assumed, unless evidence to the contrary, have been paid to the date of the pension courses provided that all contributions by the social insurance fund for the period prior to those two quarters have been paid."
S. 3 article 5 of the same Decree, as last amended by the Act of November 22, 2013, it is inserted in a 2D paragraph to read: "§ 2D." By way of derogation from § 2, for the quarters located in the year in which the pension begins, there is to be understood by professional income professional income which were selected for the charging of dues under Order No. royal, 38 for the quarters of the previous year.
These revenues are not retained for the amount that exceeds the amount referred to in article 12, § 1, first paragraph, 1 °, of the order royal No. 38 as it is adapted to the fluctuations of the index of prices to the consumer for the year in question.
In the absence of quarters of professional activity as a self-employed person during the year preceding that in which the pension takes courses, professional income taken into account are those referred to in article 12, § 1, paragraph 2 of the royal decree No. 38 "."
4. article 6, § 2, of the arrested, as amended by the law of December 22, 2008 is supplemented by a paragraph worded as follows: "When the year is one in which the pension begins, the average referred to in paragraph 2 is equal to the average referred to in the preceding paragraph.".
S. 5. in article 7, § 3, 1 °, of the same Decree, the words "and which lie before the year in which the spouse died" are replaced by the words "and which lie before the quarter during which the spouse has died".
S. 6. in article 9, § 2, paragraph 2, of the same stopped, replaced by the programme act of 22 December 2003 'article 6, § 2, paragraphs 2 and 3' shall be replaced by the words "article 6, § 2, paragraphs 2 to 4".
7. the provisions of this Act are applicable to pensions that take courses effectively and for the first time not earlier than January 1, 2015.
S. 8 this Act comes into force on January 1, 2015.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on April 24, 2014.
PHILIPPE by the King: the Minister of the independent, Ms. S. LARUELLE the Minister of Pensions, A. DE CROO sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be) Documents: 53-191-3417.
Full report: March 20, 2014.
Senate (www.senate.be) Documents: 5-2781.
Annals of the Senate: March 27, 2014.
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