The Survival Of The Self-Employed (1) Pension Reform Act

Original Language Title: Loi portant réforme de la pension de survie des travailleurs indépendants (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022262&caller=list&article_lang=F&row_id=700&numero=707&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: 2014022262 FEDERAL social security PUBLIC SERVICE April 25, 2014. -Law concerning reform of the survivor's pension for the self-employed (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to royal decree No. 72 of 10 November 1967 on retirement and survival of s. self-employed pension 2 A 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 Act of 25 January 1999, the following changes are made: 1 ° the § 1, is replaced by the following: "to be eligible for the survivor's pension, the surviving spouse must meet the following conditions : 1 ° having been married at least a year with the self-employed worker died or having been married less than a year with the deceased independent worker with whom he had previously cohabited legally when the duration continuous and cumulative of marriage and legal cohabitation reaches at least a year. The period of one year is however not required if one of the following conditions is met:-a child is born of this marriage or this legal cohabitation;
-at the time of death, there is a child who was in charge for which a spouse was receiving family allowances;
-the death is due to an accident subsequent to the date of marriage or was caused by an occupational disease contracted in the exercise or on the occasion of the exercise of the profession, a mission entrusted by the Government of Belgium or Belgian technical assistance and provided benefits that worsening of the disease or the origin is later than the date of the marriage.
2 ° be at least 45 years-old when the death of spouse occurs no later than 31 December 2015.
The age of 45 is credited to: 1 ° 45 years and 6 months when the death of spouse occurs no earlier than 1 January 2016 and no later than December 31, 2016.
2 ° 46 years when the death of spouse occurs no earlier than January 1, 2017 and no later than December 31, 2017.
3 ° 46 years and 6 months when the death of spouse occurs no earlier than 1 January 2018 and no later than December 31, 2018.
4 ° 47 years when the death of spouse occurs no earlier than January 1, 2019 and no later than December 31, 2019.
5 ° 47 years and 6 months when the death of spouse occurs no earlier than 1 January 2020 and at the latest 31 December 2020;
6 ° 48 years when the death of spouse occurs no earlier than 1 January 2021 and no later than December 31, 2021.
7 ° 48 years and 6 months when the death of spouse occurs no earlier than January 1, 2022 and no later than December 31, 2022.
8 ° 49 years when the death of spouse occurs no earlier than January 1, 2023 and no later than December 31, 2023.
9 ° 49 years and 6 months when the death of spouse occurs no earlier than January 1, 2024 and no later than 31 December 2024.
"10 ° 50 years when the death of spouse occurs at the earliest on 1 January 2025."
By Decree deliberated in the Council of Ministers, the King may authorise, under such conditions set, the surviving spouse who attained the age referred to in paragraph 1, 2 ° or paragraph 2 to opt for the benefit of the provisions of chapter II in the allocation of transition.
2 ° in § 2, the sentence "the absent spouse is supposed to have died on the date on which the judicial decision of declaration of absence is cast in res judicata." is replaced by the phrase "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."
3 ° article 4 is supplemented by a paragraph 4 as follows: "§ § 4 4" For the purposes of this article, means legal cohabitation, the situation of living together of two people who have made a declaration within the meaning of article 1476 of the civil Code. "."
S. 3. article 7 of the same order, replaced by the law of August 10, 2005, is replaced by the following: 'article 7 § 1.
When the surviving spouse remarries, the enjoyment of the right to the survivor's pension is suspended.

§ 2. "The surviving spouse cannot claim the benefit of the pension of survival in accordance with articles 4 to 7 when, due to crimes committed against his deceased spouse, unworthy to inherit pursuant to section 727, § 1, 1 ° and 3 °, of the civil Code."
S.
(4. the title of chapter II of the same order, is completed as follows: 'and the transition allowance' in chapter II, section 1, of the same order, a point c) entitled "Transitional allowance" shall be inserted before article 8.
S. 5. article 8 of the same order, modified as last amended by the royal decree of 25 April 1997, is replaced by the following: 'article 8 § 1.
Subject to the provision of paragraph 2, and provided that transition allowance application is submitted within twelve months following the death of the spouse, the transition allowance begins the first day of the month in which the spouse has died if he did not, on his death, a pension, and the first day of the month following that during which the spouse has died If he had already, on his death, to a retirement pension.
In other cases, the transition allowance begins no earlier than the first day of the month following that in which the application is submitted.
The declaration of absence in accordance with the provisions of the civil Code is proof of death. The absent spouse is presumed 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.
§ 2. The right to the allocation of transition is examined ex officio: 1 ° if the deceased spouse had actually to his death of a pension for self-employed, had previously received actually such pension or had waived the payment thereof;
2 ° If, at the time of the death of the spouse: has) no final decision has been notified concerning the right to retirement pension, after the introduction of an application by the deceased spouse or the ex officio examination.
(b) a decision regarding the right to retirement pension was notified and that the death occurred between the date of notification of the decision and the date of superannuation courses.
In these cases, the allocation of transition begins: a) the first day of the month during which the spouse died in the cases referred to the 2 °,) if the death occurred before the date of course of his pension of retirement and in those under 2 °, b);
b) the first day of the month following the month in which he died in other cases.
When the spouses were separated from body or fact, the provisions of paragraph 1 shall apply only if the surviving spouse had applied to obtain a portion of the pension of the spouse, or if he could claim ex officio this advantage.
§ 3. The allocation request of transition in the employees pension scheme or in the scheme of the public sector pension is also worth request for allocation of transition in the pension for self-employed persons. "."
S. 6. in chapter II, section 1 c), of the same order, inserted article 8bis as follows: "article 8bis. § 1. A transition allowance is granted to a surviving spouse, who, upon the death of her husband, did not reach the age referred to in article 4, § 1, paragraph 1, 2 °, or paragraph 2, provided that the surviving spouse has been married at least a year with the independent worker who died. This also applies to the spouse who has been married less than a year with the deceased independent worker with whom he had previously lived legally when the continuous and cumulative duration of marriage and legal cohabitation reaches at least a year. The period of one year is however not required if one of the following conditions is met:-a child is born of this marriage or this legal cohabitation;
-at the time of death, there is a child a child was dependent for which a spouse was receiving family allowances;
-the death is due to an accident subsequent to the date of marriage or was caused by an occupational disease contracted in the exercise or on the occasion of the exercise of the profession, a mission entrusted by the Government of Belgium or Belgian technical assistance and provided benefits that worsening of the disease or the origin is later than the date of the marriage.
The King determines how proven the condition of the load of child for which one of the spouses was receiving family allowances.
For the purposes of this article, means legal cohabitation, the situation of living together of two people who have made a declaration within the meaning of article 1476 of the civil Code. "."
S. 7. in chapter II, section 1 c), of the same order, it is inserted an article 8b as follows: "article
8B. § 1. The transition allowance is granted for a period of: 1 ° 12 months, if at the time of the death, no child is responsible for one of the spouses was receiving family allowances;
2 ° 24 months, if at the time of death, a child is dependent for which a spouse was receiving family allowances, or if a posthumous child is born within three hundred days of death.

The King determines how proven the condition of the load of child for which one of the spouses was receiving family allowances.
§ 2. The surviving spouse loses the enjoyment of the transition allowance when he remarried.
§ 3.
The surviving spouse cannot claim the allocation of transition in accordance with articles 8 to 8quinquies is due to crimes committed against his deceased spouse, unworthy to inherit pursuant to section 727, § 1, 1 ° and 3 ° of the Civil Code. "."
S.
8. in chapter II, section 1 c), of the same order, it is inserted an article 8 read as follows: "article 8. the surviving spouse, who has received an allocation of transition in accordance with the provisions of articles 8-8b, is entitled to a pension of survival within the meaning of articles 4 to 7, when he reached the age of the pension referred to in article 3, § 1, 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 or where it meets the age and conditions provided for in articles 3, §§ 2A and 3 career and 16bis, §§ 1, 2 and 2bis of the same order in section 84 of the Act of 29 March 2012 amending various provisions and articles 4 and 5 of the Act of December 21, 2012 on 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 the 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 laying down a transitional measure relating to the pension reform of early retirement of self-employed workers or when it is granted a pension on grounds of health or physical unfitness in the public sector as long as it is not remarried at the date of course of the survivor's pension.
This survivor's pension shall commence: 1 ° the date of course of his Belgian retirement pension, when the surviving spouse justifies only a professional career in Belgium or of a professional career in Belgium and abroad;
2 ° the date of course of his pension granted to a foreign pension plan expense when the surviving spouse justifies only a professional career abroad;
"3 ° to the pensionable age referred to in article 3, § 1, of the royal decree of 30 January 1997, when the surviving spouse does not a career."
S.
9. in chapter II, section 1 c) of the same Decree, it is inserted an article 8quinquies as follows: "article 8quinquies. by Decree deliberated in the Council of Ministers, the conditions set by it, the King may extend the benefit of the transition allowance to cohabiting who are not United by a link of kinship, Alliance or adoption resulting in a prohibition of marriage laid down by the civil Code. "."
S. 10. in l ' article 30A of the same order, as last amended by the Act of January 30, 1997, the following changes are made: 1 ° 1st paragraph is replaced by the following: "pensions referred to in this chapter shall be payable only if the beneficiary does not work and if it does not compensation for illness ", disability, involuntary unemployment by application of social security legislation Belgian or foreign or a statute applicable to the staff of an institution of international public law, or a cause of career breaks, time credit allowance, reduction of benefits or compensation granted under the scheme of unemployment with complement of business."
2 ° a paragraph worded as follows is inserted between paragraph 1 and paragraph 2: "the transition allowance is payable even if the surviving spouse exercises a professional activity or if it enjoys an allowance because of illness, disability or involuntary unemployment, by the application of a law of Belgian or foreign social security or a statute applicable to the staff of an institution of public international law an allowance for cause of interruption of career, time credit or reduction of benefits or a pension on grounds of health or physical inability in the public sector, or if it has a survival or benefit pension in lieu thereof, based on the activity of the same spouse died by application of a Belgian or foreign social security legislation.
3 ° to 2 paragraph which became paragraph 3, the words "the preceding paragraph" are replaced by the words "paragraph 1".
S.
11. in article 43, paragraph 1, of the same order, as last amended by the royal decree of 18 November 1996, the words "and transition allowances" shall be inserted between the words "survival" and the words "adapted".
CHAPTER 3. -Modifications 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 art. 12. in chapter IV, 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 law of December 22, 2008, it is inserted an article 7bis as follows: "article 7bis. § 1. The allocation of allocatable transition based on the career of the deceased spouse is expressed by a fraction.
The fraction is established as follows: 1 ° the numerator represents the number obtained by dividing by four the total of the quarters to open the right to the allocation of transition before the quarter of the death, if the deceased spouse had not yet, at his death, a pension or located before the quarter during which his pension took courses If the deceased spouse had already, on his death, to a retirement pension;
2 ° the denominator expresses the number of calendar years included in the period with courses from 1 January of the year of the twentieth anniversary of the deceased spouse and that ends on 31 December of the year preceding that in which he died, if he had not, to his death, to a retirement pension is taking his pension courses If he had already, on his death, to a retirement pension.
When the number of days equivalent full time obtained by multiplying the numerator referred to in the preceding paragraph, 1 ° by 312 is greater than the number obtained by multiplying the denominator referred to in the preceding paragraph, 2 ° by 312, days equivalent full giving entitlement to the most advantageous by calendar year delivery time are taken into account to the extent of the result of this last multiplication.
§ 2. The King lays down the procedures for acquisition of the right to transitional allowance and the amount thereof when the spouse died later in the quarter in which it reaches or would have reached the age of 20 years."
S. 13. in chapter IV, of the arrested, as last amended by the law of December 22, 2008, it is inserted article 8bis as follows: "article 8bis. § 1. The transition allowance is calculated based on the professional income.
§ 2. By professional income, it is necessary to hear earned income defined in article 5, § 2.
"Article 5, paragraph 3 shall apply mutatis mutandis to the calculation of the allocation of transition."
S. 14. in chapter IV, of the arrested, as last amended by the law of December 22, 2008, it is inserted an article 9bis worded as follows: "article 9bis. § 1. For the calculation of the allocation of transition, the numerator of the representative fraction of the career of the deceased spouse referred to in article 7bis, § 1, is divided into four parts: 1 ° a first part that represents the number of years and quarters located after December 31, 2002, all quarter worth 0.25;
2 ° a part that represents the number of years and quarters located after December 31, 1996 and before January 1, 2003, any quarter worth 0.25;
3 ° a third part that represents the number of years and quarters located after December 31, 1983 and before January 1, 1997, all quarter worth 0.25;
4 ° the balance which is presumed to correspond exclusively to the part of the career prior to 1984.

§ 2. Per calendar year, the allocation of transition that corresponds to referred career in the § 1, 1 °, is obtained by multiplying the professional income successively by: 1 °

a fraction whose numerator is 1 and the denominator is the one referred to in article 7bis, § 1.
When the year in question does not fit fully into account, the numerator of this fraction is reduced to 0.25, 0.50 or 0.75 depending on whether 1, 2 or 3 quarters could be retained;
2 ° 60 sq. ft.;
3 ° 0,663250 for the portion of income that does not exceed 31.820,77 EUR;
0,541491 for the part of the professional income 31.820,77 EUR.
The amount referred to in the preceding paragraph, 3 °, is attached to the pivot index 103.14 (base 1996 = 100). It is adapted to the level of prices of the year concerned, in the manner laid down in article 6, § 2, paragraph 2 and 3.
§ 3. Per calendar year, the allocation of transition that corresponds to referred career in the § 1, 2 °, is obtained by multiplying the professional income successively by: 1 ° a fraction whose numerator is 1 and the denominator is that referred to in article 7bis, § 1. When the year in question does not fit fully into account, the numerator of this fraction is reduced to 0.25, 0.50 or 0.75 depending on whether 1, 2 or 3 quarters could be retained;
2 ° 60 sq. ft.;
3 ° 0,567851 for the portion of income that does not exceed 35.341,68 EUR;
0,463605 for the part of the professional income 35.341,68 EUR.
The amount referred to in the preceding paragraph, 3 °, is attached to the pivot index 103.14 (base 1996 = 100). It is adapted to the level of prices of the year concerned, in the manner prescribed in article 6, § 2A, paragraphs 2 and 3.
§ 4. Per calendar year, the allocation of transition that corresponds to referred career in the § 1, 3 ° is obtained by multiplying the professional income successively by: 1 ° a fraction whose numerator is 1 and the denominator is that referred to in article 7bis, § 1.
When the year in question does not fit fully into account, the numerator of this fraction is reduced to 0.25, 0.50 or 0.75 depending on whether 1, 2 or 3 quarters could be retained;
2 ° 60 sq. ft.;
3 ° the fraction referred to in article 6, § 3, 3 °.
§ 5. The portion of the allocation of transition as referred to the § 1, 4 °, shall be calculated in accordance with the provisions of § 4, 1 ° and 2 °.
§ 6. When the numerator of the fraction expressing the equivalent days full-time to qualify the transition allowance is reduced under article 7bis, § 1, paragraph 3, or article 19 of royal decree No. 72, this reduction will be, for the calculation of the transition allowance, on the days full-time full which give rise to the granting of the lowest transition allowance.
The elimination of excess days is carried out in accordance with article 9, § 5.
§ 7. If the amount of the transition allowance calculated in accordance with the provisions of articles 7A, 8A and this article is less than the amount obtained by multiplying the amount of 9.648,57 EUR by the fraction referred to in article 7bis, § 1, is the last amount that is allocated.
The amount of 9.648,57 euros referred to in the preceding subparagraph is attached to the pivot index 103.14 (base 1996 = 100) and evolves in accordance with the provisions of the law of 2 August 1971 organizing a system of binding to the index of prices to the consumption of the salaries, wages, pensions, allowances and subsidies to the public Treasury of certain social benefits, compensation limits to be taken into account for the calculation of certain contributions of social security of workers , as well as obligations in social matters to the self-employed.
The King may, by Decree deliberated in the Council of Ministers, increase the amount set out in paragraph 1.

§ 8. Article 11 is not applicable to the allocation of transition.
§ 9. "Articles 131, 131bis and 131ter of the Act of 15 May 1984 outgoing in pension harmonisation measures are not applicable to the allocation of transition."
CHAPTER 4. -Provisions finals s. 15. the provisions of this Act apply to surviving spouses whose husband or wife died no earlier than January 1, 2015.
S. 16 this Act comes into force January 1, 2015, with the exception of article 2, as regards article 4, § 4, which takes effect on January 1, 2000.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 25, 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: 53-191-3418.
Full report: March 20, 2014.
Senate (www.senate.be) Documents: 5-2782.
Annals of the Senate: March 27, 2014.