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24 AVRIL 2014. - An Act to amend the Act of May 15, 1984 on measures to harmonize pension plans with respect to the minimum pension for self-employed persons (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the Act of May 15, 1984 on measures of harmonization in pension plans, last amended by the Royal Decree of December 11, 2013, an article 131ter is inserted as follows:
"131ter. § 1^er. From 1^er January 2015:
1° the amounts referred to in Article 131bis, § 1septies, 9°, are borne respectively to 12.765.99 euros and to 9.648.57 euros;
2° the minimum pension shall be allocated when the beneficiary of a pension or an independent worker's survival pension shall, in his or her own head or in the head of his or her deceased spouse, as the case may be, justify a career at least equal to two thirds of a full career, either in the sole scheme of independent workers or in the scheme of wage workers, or in the scheme of self-employed workers the minimum pension is equal to a fraction of one of the amounts referred to in sub 1°, a fraction equal to that used to calculate the pension or survival, as the case may be, to the plan of the independent workers after the application of article 19 of Royal Decree No. 72;
3° where the beneficiary of a retirement pension may also claim a pension in the pension plan of the employed workers or where the beneficiary of a survival pension may also claim a survival pension in the pension plan of the employed workers, the application of the provisions of this title may not have the effect of increasing all of these benefits of the same nature, granted in the pension plans of the independent workers and of the employed workers beyond:
- EUR 12.765.99 if the interested party meets the requirements of Article 9, § 1^er1°, Royal Decree No. 72;
- 9.648.57 EUR in other cases.
If this limit is exceeded, the minimum pension for retirement or survival, as the case may be, in the self-employed plan is reduced to due competition, but this reduction may result in the granting of a pension less than the benefit that would have been awarded if the person had not been eligible for the minimum pension. The King may derogate from this provision when the above-mentioned limit is exceeded as a result of the increase in employee pension based on the adaptation to general well-being.
The King may, by order deliberately in the Council of Ministers, amend and supplement paragraph 1^er in order to increase, on the dates it determines, the amounts mentioned therein.
§ 2. The King determines what must be heard by professional career at least equal to 2/3 of a complete career, either in the sole regime of independent workers, either in the regime of independent workers and of employed workers, or together in the regime of independent workers and in one or more regimes that fall within the scope of the European Social Security Regulations or a social security agreement concluded by Belgium concerning the pensions of wage workers or self-employed workers, or together
It also determines how the minimum pension is calculated when the pension has been reduced.
§ 3. The amounts set out in this section are attached to the pevot index 103.14 (base 1996 = 100).
They vary according to the fluctuations of this index, in accordance with the provisions of article 43 of Royal Decree No. 72, such as pensions granted when it is not satisfied with the minimum pension conditions.
§ 4. The application of the provisions of this section shall not have the effect of granting an amount less than that obtained in accordance with the provisions in force the month before the month in which an increase in the minimum pension is provided by law."
Art. 3. In section 132 of the Act, the following amendments are made:
1° the words "before the date on which the minimum pension referred to in this title" are replaced by the words "before the date on which the minimum pension referred to in section 131 and 131 bis";
2° Article 132 is supplemented by a paragraph written as follows:
"The National Board of Pensions shall, without a new decision being notified to the recipient, make the adaptation of pension and survival pensions that have actually taken place and for the first time after December 31, 2014 and for which the minimum pension referred to in section 131ter is applicable, and for which an order of payment has been transmitted to him."
Art. 4. This Act applies to pensions of self-employed workers who are actually taking place and for the first time as soon as 1^er January 2015.
Art. 5. This Act comes into force on 1^er January 2015.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 April 2014.
PHILIPPE
By the King:
Minister of Independents,
Mrs. S. LARUELLE
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53-191 - 3415.
Full report: 20 March 2014.
Senate
(www.senate.be)
Documents: 5-2779.
Annales of the Senate: March 27, 2014.