Act Amending Various Provisions Relating To Self-Employed Pension Plan Account In Light Of The Principle Of The Unity Of Career (1)

Original Language Title: Loi modifiant diverses dispositions relatives au régime de pension des travailleurs indépendants compte tenu du principe de l'unité de carrière (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022264&caller=list&article_lang=F&row_id=700&numero=708&pub_date=2014-06-05&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-05 Numac: 2014022264 FEDERAL social security PUBLIC SERVICE April 24, 2014. -Act to amend various provisions relating to self-employed pension plan taking into account the principle of unity of career (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. article 19 of royal decree No. 72 of 10 November 1967 on retirement and survival of the self-employed pension, inserted by article 142 of the law of May 15, 1984, is replaced by the following: 'article 19 § 1. When the self-employed may claim a retirement pension under this order and to a retirement pension or benefit taking place under one or more other schemes and the total number of days taken into account in all of these regimes exceed 14 040 days full-time equivalents, professional career which is taken into consideration for the calculation of the pension for self-employed shall be reduced accordingly days full-time equivalents it is necessary to reduce total said to 14 040.
A similar reduction is applied when a surviving spouse of a self-employed person is entitled to a survivor's pension or an allowance of transition under this order and a survival or a transition allowance pension or benefit taking place under one or more other schemes and the total number of days equivalent full time taken into account across these regimes exceed the number obtained by multiplying 312 days equivalent full time by the denominator of the fraction referred to article 7 § 2 or § 3, paragraph 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 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 for the pension of survival, either in article 7bis, § 1, paragraph 2, of the arrested for the transition allowance.
For the purposes of this article it is to be understood by "other scheme": 1 ° any other Belgian scheme for retirement and survival pensions;
2 ° any other similar regime of a country other than schemes falling within the scope of regulations European social security or bilateral agreements of social security providing for the aggregation of insurance periods recorded in the signatory countries and the granting of a national pension dependant from each of these countries, in proportion to the periods of insurance registered in each of them;
3 ° any regime that is applicable to the staff of an institution of public international law.

§ 2. In the event of cumulation of a pension under this order with a pension under the royal decree No. 50 of 24 October 1967 on retirement and survival of salaried workers pension, the equivalent days time full which open the right to the least advantageous pension are deducted for the purposes of this provision regardless of the system in which these days has been made.
A similar reduction is applied when a surviving spouse of a self-employed person is entitled to a survivor's pension or an allocation of transition under this order and to a survivor's pension or allowance of transition under order royal No. 50 of 24 October 1967 on retirement and survival of salaried workers pension.
§ 3. The King determines: 1 ° in which case the reduction referred to in this article is not applied or is relaxed;
2 ° how, in the event of cumulation of a retirement pension or survival or a transition allowance in the scheme of the self-employed workers with a pension of retirement or survival or a transition allowance in the regime of salaried workers, the career is diminished;
3 ° in what way, in the event of cumulation of alimony in the regime of self-employed workers with a pension of the same nature in another plan, the career is reduced;
4 ° What is meant by "fraction";
5 ° what fractions of pensions under other regimes are not taken into account for the purposes of this section;
6 ° What is meant by "full Board in another plan";
7 ° what there is to be understood by "days full-time independent worker";
8 ° what there is to be understood by "days full-time equivalent in another plan" and how days equivalent full time are taken into account. "."
CHAPTER 3. -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 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. 3. in article 4 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 27 December 2006, paragraph 4 is replaced by the following: "§ § 4 4" When the number of days equivalent full time independent worker obtained by multiplying the numerator referred to in § 3 312 is greater than 14 040, this number is limited to 14 040 days full time equivalents.
The King determines that it is appropriate to hear daily full time equivalents as a self-employed person for the purposes of this paragraph.
S. 4. in article 6 of the same order, paragraph 5 is replaced by the following: "§ § 5 5" Reduction of the professional career under article 4, § 4, paragraph 1, or article 19 of order royal No. 72 door on the days full-time equivalents as independent worker who open the right to the least advantageous pension.
However, the reduction referred to in the preceding subparagraph may not exceed 1 560 days full time equivalents. These days are determined as follows: 1 ° the pension awarded for each calendar year is divided by the number of days equivalent full time taken into account for the year concerned in order to determine their pension contribution;
2 ° the number of days full-time equivalent to deduct and their corresponding pension contribution are eliminated from the calendar year whose pension intake per day is less advantageous.
3 ° when the number of days equivalent full time in the calendar year referred to in 2 ° is less number of days full-time equivalent to deduct the excess number of days full-time equivalent to deduct their pension contribution are eliminated from the calendar year whose pension intake is now less favourable;
4 ° is it uses to measure the calendar years whose pension intake becomes less advantageous as long as the number of days equivalent full-time to deduct from the career is not reached.
"The King determines that it is appropriate to hear daily full time equivalents as a self-employed person for the purposes of this paragraph."
S.
5. in article 7, § 3, of the arrested, paragraph 2 is replaced by the following: "when the number of days equivalent full time independent worker obtained by multiplying the numerator of the fraction referred to in § 2 or this paragraph, 1st indent, as the case may be, by 312 is greater than the number obtained by multiplying the denominator of the fraction by 312" days equivalent full time are taken into account to the extent of the result of this last multiplication.
"The King determines that it is appropriate to hear daily full time equivalents as a self-employed person for the purposes of this paragraph."
S.
6. in article 9 of the same Decree, paragraph 5 is replaced by the following: "the reduction of the professional career under article 7, § 3, paragraph 2, or under article 19 of the Decree no royal, 72 door on the days full-time equivalents as independent worker who open the right to the least advantageous pension."
However, the number of days to be deducted cannot exceed the number obtained by multiplying by 104 one-third of the denominator of the fraction referred to in article 7 § 2 or § 3, paragraph 1. These days are determined as follows: 1 ° the pension awarded for each calendar year is divided by the number of days equivalent full time taken into account for the year concerned in order to determine their pension contribution;

2 ° the number of days full-time equivalent to deduct and their corresponding pension contribution are eliminated from the calendar year whose pension intake per day is less advantageous.
3 ° when the number of days equivalent full time in the calendar year referred to in 2 ° is less number of days full-time equivalent to deduct the excess number of days full-time equivalent to deduct their pension contribution are eliminated from the calendar year whose pension intake is now less favourable;
4 ° is it uses to measure the calendar years whose pension intake becomes less advantageous as long as the number of days equivalent full-time to deduct from the career is not reached.
"The King determines that it is appropriate to hear daily full time equivalents as a self-employed person for the purposes of this paragraph."
CHAPTER 4. -Amendments to the law of May 11, 2003 amending various provisions relating to superannuation of salaried workers and the self-employed given the principle of unity of career s. 7. article 3 of the law of May 11, 2003 amending various provisions relating to the pension for employees and independent in light of the principle of the unity of career is repealed.
CHAPTER 5. -Provisions finals s.
8. the provisions of this Act are applicable to the pensions of self-employed workers who take courses effectively and for the first time not earlier than January 1, 2015.
S.
9. this Act comes into force January 1, 2015, with the exception of article 2, as regards article 19 § 2 and § 3, 2 °, which come into force on a day to be fixed by the King.
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: 53-191-3416.
Full report: March 20, 2014.
Senate (www.senate.be) Documents: 5-2780.
Annals of the Senate: March 27, 2014.