Posted the: 2014-06-05 Numac: 2014022265 FEDERAL social security PUBLIC SERVICE April 24, 2014. -Law amending the law of 15 May 1984 on harmonisation measures in pension, with regard to the minimum 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: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 Act of 15 May 1984 on harmonisation measures in pension schemes, as last amended by the royal decree of December 11, 2013, a 131ter article is inserted in worded as follows: "131ter. § 1. From 1 January 2015: 1 ° the amounts referred to in article 131bis § 1septies, 9 °, are worn respectively to 12.765,99 euros and 9.648,57 euros.
2 ° the minimum pension is allowable when the recipient of a pension or a survivor of independent worker's pension pension justifies, in his own or the head of deceased spouse, according to the case, a professional career at least equal to two thirds of a complete career, or in the single plan for the self-employed, either together in the scheme of the self-employed and salaried workers , is set in the scheme of the self-employed and in one or several schemes which fall within the scope of application of regulations European social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed individuals, either set in the regime of self-employed workers and employees in one or more plans which fall within the scope of the regulations European welfare or a social security agreement concluded by Belgium concerning pensions for employees or self-employed persons; the minimum pension is equal to a fraction of the amounts referred to in sub 1 ° a, fraction equal to one used in the calculation of the pension of retirement or survival, as appropriate, in charge of the scheme for the self-employed after application of article 19 of order royal No. 72;
3 ° when the recipient of a retirement pension may also qualify for a pension in the regime of salaried workers or when the beneficiary of a survivor's pension may also claim a survivor's pension in the regime of salaried workers, the implementation of the provisions of this title can only have increased all these benefits of the same nature granted in the self-employed and employees in addition to pension plans:-12.765,99 EUR if the person concerned satisfies the conditions referred to in article 9, § 1, 1 °, of the royal decree No. 72;
-9.648,57 EUR in other cases.
If this limit is exceeded, the minimum pension retirement or survival, as appropriate, in the scheme of the self-employed is reduced in amount, without however this reduction could result in the granting, in this scheme, a pension less than the benefit that would have been granted if the person concerned had been unable to claim the minimum pension. The King may derogate from this provision where the above limit is exceeded following the increase in pension employed on the basis of adaptation to the general welfare.
The King may, by Decree deliberated in the Council of Ministers, amending and supplementing paragraph 1 to increase, at such times as it may determine, the amounts referred to therein.
§ 2. The King determines what is meant by career at least 2/3 of a complete career, either in the single plan of self-employed workers, either set in the regime of self-employed workers and employees, either set in the regime of independent workers and in one or several schemes which fall within the scope of the regulations European social security or a social security convention concluded by Belgium concerning the pensions of workers employees or self-employed, or together in the scheme of the self-employed and salaried workers and one or more plans which fall within the scope of the European regulations of social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed workers.
It also determines the modalities for the calculation of the minimum pension when the pension was the subject of a reduction.
3. The amounts set out in this article are attached to the pivot index 103.14 (base 1996 = 100).
They vary according to fluctuations of this index, in accordance with the provisions of article 43 of the order royal No. 72, as granted pensions when it did not meet the conditions for granting of the minimum pension.
§ 4. The application of the provisions of this article cannot have the effect to grant an amount less than that obtained pursuant to the provisions in force the month preceding that where an increase in the minimum pension is provided for by law."
3. in article 132 of the Act, the following amendments are made: 1 ° "before the date on which the minimum pension under the present title" shall be replaced by the words "before the date on which the minimum pension referred to in section 131 and 131bis";
2 ° article 132 is supplemented by a paragraph worded as follows: "the national pension shall ex officio, unless a new decision to be notified to the beneficiary, to the adaptation of the retirement and pensions of survival who took courses effectively and for the first time after 31 December 2014 and for which the minimum pension referred to in article 131ter shall apply" ", and for which a payment order has been transmitted."
S. 4. this Act shall apply to the pensions of self-employed workers who take courses effectively and for the first time not earlier than January 1, 2015.
S. 5 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: 53-191-3415.
Full report: March 20, 2014.
Senate (www.senate.be) Documents: 5-2779.
Annals of the Senate: March 27, 2014.