Act Respecting Various Matters Relating To Pensions Of The Public Sector

Original Language Title: Loi concernant diverses matières relatives aux pensions du secteur public

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belgiquelex.be - Carrefour Bank of Legislation

5 MAI 2014. - Law on various public sector pension matters



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Miscellaneous amendments
Art. 2. Article 8, § 1er, of the General Law of 21 July 1844 on Civil and Ecclesiastical Pensions, replaced by the Law of 11 April 2005 and last amended by the Law of 20 June 2006, is supplemented by two paragraphs written as follows:
"For the determination of the reference treatment referred to in paragraph 2, it is also taken into account:
1° of increases related to the higher-level advancement referred to in section 48 of the Royal Decree of 25 October 2013 relating to the financial career of federal public service personnel;
2° of the first scale enhancements and scale enhancements referred to in Article 49 of the aforementioned Royal Decree of 25 October 2013.
The King may, by order deliberately in the Council of Ministers, complete the list of compensation elements referred to in the preceding paragraph by similar compensation elements. ".
Art. 3. In the Schedule to the Act, replaced by the Act of 3 February 2003 and supplemented by the Acts of 9 July 2004, 25 April 2007, 8 June 2008 and 22 December 2008, the following amendments are made:
1° in the left column, point I, A is replaced by the following:
I. MINISTER OF FINANCIAL
A. Customs sector
1. Director of Tax Administration;
2. Chief Tax Administration Inspector (a');
3. Finance Assistant, grade deleted;
4. Administrative collaborator;
5. Financial Collaborator;
6. Financial Assistant (a'')."
2° in the left column, point I, B is replaced by the following:
"B. Sector
1. Chief Tax Administration Inspector;
2. Chief Finance Section, grade deleted;
3. Finance Assistant, grade deleted;
4. Administrative collaborator;
5. Financial Collaborator;
6. Financial Assistant (a''')."
3° in the left column, under the heading "Notes", the following modifications are made:
(a) littera (a) is supplemented by the following:
a1) "13. to the Customs and Access Office;"
a2) "14. in branches. ";
(b) littera a'') is replaced by the following:
"a'') Financial Assistant (Dooe industry)
In this case, this name only targets the agents who, on the eve of their appointment to the rank of financial assistant, were:
- be held in the rank of Finance Assistant - Customs sector;
- either winners of a promotion examination at a rank of 34 or a baremic progress review or selection at a scale of 30S2, provided that these winners were part of the Douanes sector or the Accises sector;
- either the winners of a promotion examination at a rank of 34 or a baremic examination or a selection of advancement at the 30S2 scale, provided that on the one hand, these winners belonged to the former level 3 - section Douanes or sector Accises or level D - section Douanes or sector Accises, prior to their graduation at the C level and that, on the other hand, ";
(c) the littera a''') is replaced by the following:
"a'') Financial Assistant (Sector Accises)
In this case, this name only targets the agents who on the eve of their appointment to the rank of financial assistant were:
- either, coated with the rank of Finance Assistant - Accises Sector or the rank of Finance Section Chief - Accises Sector;
- either winners of a promotion examination at a rank of 34, a review or a selection of baremic advances at a level of 30S2, or a review or promotion selection at the rank of Chief Financial Officer, provided that the winners were from the Douanes sector or the Accises sector;
- either, winners of a promotion examination at a rank of 34, a review or a selection of baremic advances at a scale 30S2, or a review or a promotion selection at the rank of head of the financial section, as long as on the one hand, these winners belonged to the former level 3 - sector Accises or sector Douanes - ";
(d) littera (b) is replaced by the following:
"(b) Holders of the grades referred to in points B, 2 to 6, do not benefit from the preferential denominator when the function is exercised in an accise control section. ";
4° in the left column the title of point II, as well as point II, A, are replaced by the following:
"II. PUBLIC DE WALLONIE ET MINISTERE FLAMAND DE L'ENVIRONNEMENT, DE LA NATURE ET DE L'ENERGIE
A. Public Service of Wallonia (Department of Nature and Forests and Department of Police and Controls, Directorate of Anti-breaching and Pollution Repression)
1. First Deputy (D1);
2. Senior Assistant (D2);
3. Qualified Assistant (tier D3);
4. First Assistant (C1);
5. Senior Assistant (C2) scale;
6. Assistant ("scale C3).
The holders of these grades benefit from the preferential denominator only to the extent that the function performed corresponds to a function resumed in the column "old denominations" under item II, A or II, B.1. or II, B.2. and that they exercise the function of forest guard or nature guard. ";
5° in the right column, point II, B is replaced by the following:
"B. Ministry of the Walloon Region
B.1. General
1. Head of Water and Forest Brigade 1re class (scale 34/2);
2. Principal Water and Forest Technical Officer (scale 32/2);
3. Water and Forest Technical Officer 1re Class (scale 30/2).
The holders of these grades benefit from the preferential denominator only to the extent that the function performed corresponds to a function resumed in the column "old denominations" under item II, A and that they exercise the function of forest guard or nature guard.
B.2. Nature and Forestry Division
1. First Deputy (D1);
2. Senior Assistant (D2);
3. Assistant (tier D3);
4. First Assistant (C1);
5. Senior Assistant (C2) scale;
6. Assistant (scale C3).
The holders of these grades shall benefit from the preferential denominator only to the extent that the function performed corresponds to a function resumed in the column "old denominations" under item II, A or II, B.1. and shall exercise the function of forest guard or guard of nature. ";
6° in the left column, in the title of point II., the words "MINISTER OF THE FLAMANDE COMMUNITY" are replaced by the words "FAMAND MINISTER OF ENVIRONMENT, NATTURE AND ENERGY";
7° in the left column, the title of point II.B. is replaced by "Flemish Ministry of Environment, Nature and Energy - Agency of Nature and Forests";
8° in the left-hand column, under point II.B., the words "forester or guard of nature" are replaced by the words "forester, strategic advisor or inspector of nature";
9° in the right column, the numbered list of point II. C. is supplemented by:
4. Assistant;
5. Chief Assistant;
6. Technician;
7. Chief Technician.
10° in the left column, in the title of point III., the words "MINISTER OF THE COMMUNITY FLAMANDE" are replaced by the words "MINISTERE FLAMAND DE LA MOBILITE ET DES TRAVAUX PUBLICS"
11° in the right column, in the title of point III, the words "ADMINISTRATION OF HYDRAULIC VOIES AND MARINE" are inserted between the words "MINISTER OF THE COMMUNITY FLAMANDE," and the words "REGIE DES TRANSPORTS MARITIMES";
12° in the left column, the title of point III.B. is replaced by "Flemish Ministry of Mobility and Public Works - Marine Services and Coast Services Agency";
13° in the left column, the numbered list of point III.B. is replaced by the following numbered list:
1. Special assistant (exerting the deckhand function);
2. Special Assistant (executing the driver function);
3. Chief motorist (exerting the motorist function);
4. Chief Motorist (executing the function of an officer-mechanic);
5. motorist;
6. boss;
7. Chief Operating Officer (executing the Chief Operating Officer function);
8. Naval technician;
9. Chief Naval Technician;
10. pilot (exerting a general function);
11. pilot (exerting the second-hand pilot boat function);
12. pilot (exerting the pilot boatmaster function);
13. pilot (exerting the head-pilot function in the continuation of the pilot's overall function with the exception of the former nautical service leader);
14. Special Assistant (exerting on-board cook function);
15. Special Chief Assistant (exerting on-board cook).
14° in the right column, the numbered list of point III is supplemented by:
80. Special Assistant (exerting the deckhand function);
81. Special Assistant (exerting the quartermaster function);
82. Special Assistant (executing the driver function);
83. Chief Motorist (executing the motorist function);
84. Chief Motorist (executing the officer-mechanic function);
85. Motorist;
86. Boss;
87. Chief Executive Officer (executing Chief Executive Officer)
88. Chief Patron (executing the captain function);
89. Technician (exerting the on-board mechanic function);
90. Naval technician;
91. Chief Naval Technician;
92. Pilot (exerting a general function);
93. Pilot (exerting the second-hand pilot boat function);
94. Pilot (exerting the pilot boatmaster function);
95. Pilot (exerting the Chief Pilot's function in the continuation of the pilot's overall function with the exception of the former Nautical Service Chief);
96. Special Assistant (exerting on-board cook function).;
15° in the left column, the title of point V is replaced by "Flemish Government Services - functions exercised in the Policy on Mobility and Public Works";
16° in the left column, in point V, the words "Ponts and pavements" are deleted;
17° in the right column, the title of point V is supplemented by the words "ET THE MINISTER OF THE COMMUNITY FLAMANDE, PONTS AND CHAUSES";
18° in the right column, it is inserted between the title of point V and the numbered list, a point V.A. entitled "A. Ministry of Public Works";
19° in the right column, in point V, it is inserted, below the numbered list, a point V.B. titled "B. Ministry of the Flemish Community, Bridges and Boilers";
20° in the column on the right, under the heading of point V.B, inserted by the 19°, it is inserted a numbered list:
1. Engineer;
2. Director-engineer, with the exception of former Chief Inspector/Director;
3. Deputy Director and Director;
21° in the right column under the numbered list inserted by the 20°, the following words are inserted:
"B grade holders receive the preferential denominator only to the extent that the function performed corresponds to that taken under point V.A."
22° in the column on the right, under point V, the words "titulars of these grades" are replaced by the words "titulars of the grades taken under A and B";
23° in the left column, under point V, the words "under point V" are replaced by the words "under point V.A."
Art. 4. In the Schedule to the Act, the following amendments are made:
1° in the left-hand column, the title of point I is replaced by "Financial Services and IMPOTS SERVICE AGENCE";
2° in the left column, in point I, it is inserted, before the heading "Remarks", a point C written as follows:
"C. Flemish Ministry of Finance - Flemish Tax Service Agency
Oversight Section
1. Assistant;
2. Technical Assistant;
3. Collaborator;
4. Collaborative chief;
5. Senior collaborator;
6. Expert;
7. Senior expert.";
3° in the left column, in the section "Remarks", it is inserted a point h) written as follows:
"h) The holders of the grades referred to in point C shall be granted the preferential denominator only to the extent that they have been transferred under the Royal Decree of November 26, 2010 on the transfer to the Flemish Government of staff of the Federal Public Service Finance or the Royal Order of December 19, 2010 on the transfer to the Flemish Government of staff of the Federal Public Service Finance and only for the periods during which they operate at the Flemish Service Agency. ".
Art. 5. Section 37 of the Act is replaced by the following:
"Art. 37. The King determines the cases in which a pension application must be filed and the conditions to which that pension application must be satisfied in order to be valid.
Without prejudice to the application of sections 139 to 163 of the Act of 29 December 2010 on various provisions (I), the King shall determine the electronic documents, documents or certificates that must be produced in order to justify the rights to a pension or survival.".
Art. 6. In the Military Pension Acts, coordinated by Royal Decree No. 16020 of 11 August 1923, an article 5bis was inserted as follows:
"Art. 5bis. § 1er. If the member in active service is placed in an unpaid situation in order to allow him to perform another activity and may claim from that officer a pension or a pension pension, allocated in accordance with a legal, regulatory, statutory or contractual pension plan, the share of that pension or annuity corresponding to the periods during which the member in active service has been placed in that unpaid pension is deducted from the pension
With respect to benefits derived from insurance contracts, the deduction referred to in paragraph 1er is limited to the portion of these benefits arising from premiums that have been borne by the employer.
§ 2. If periods taken into account in accordance with § 1er, intervene in the period selected for the establishment of the base salary for the calculation of the military pension, it shall be taken into account, for these periods, the salary and salary supplements that the member would have benefited if he had been paid."
Art. 7. Article 62bis of the same coordinated laws, inserted by the law of 15 May 1984 and amended by the law of 21 May 1991, is supplemented by a paragraph 3, which reads as follows:
§ 3. The King determines the cases in which a pension application must be filed and the conditions to which that pension application must be satisfied in order to be valid.
Without prejudice to the application of sections 139 to 163 of the Act of 29 December 2010 on various provisions (I), the King shall determine the electronic documents, documents or certificates that must be produced to justify the rights to a pension. ".
Art. 8. In the Act of 14 April 1965 establishing certain relations between the various public sector regimes, an article 1/1 is inserted as follows:
"Art. 1/1. As part of this Act, and except for the purposes of section 13, pension benefits granted to staff of the SNCB-Holding and HR-Rail, as well as survival pensions granted to their eligible persons, are not considered to be dependants of the Public Treasury but as dependant pensions of a public interest agency referred to in section 1, littéra e.".
Art. 9. Article 12, § 3, of the Act of 9 July 1969 amending and supplementing the legislation relating to pensions and survival of public sector workers, as it was before the amendment introduced by the Act of 25 April 2007, is replaced by the following:
§ 3. If the salary increase exceeds 5 pc during the revision of certain remuneration or categories of remuneration, the resulting pension increases will be paid by successive annual instalments corresponding to a maximum salary increase of 5 pc.
By derogation from paragraph 1, the King may decide that the increase in pensions will be paid in full or in successive annual instalments corresponding to a percentage greater than 5 pc.".
Art. 10. In section 12 of the Act, replaced by the Act of 25 April 2007, the following amendments are made:
1° in § 6, paragraph 4, the words "paragraph 7" are replaced by the words "paragraph 6";
2° in § 6, paragraph 5 is replaced by the following:
"The conditions which, pursuant to § 7, paragraph 9 or 10, are not considered as conditions within the meaning of § 7, paragraphs 4 to 6, are also considered non-existent for the purposes of this paragraph. ";
3° in § 7, old paragraph 6, which becomes paragraph 5, is replaced by the following:
"If, in the four years preceding the previous reference period, a new legal or regulatory provision allows the active agents in the grade in which the pensioner has completed his or her career, to obtain, under certain conditions, another baremic scale, another salary supplement or a new salary supplement, these are taken into consideration for the calculation of the maximum pension remuneration that, when calculating the overall remuneration of a paragraph of the preceding reference, ";
4° in § 7, former paragraph 10, which becomes paragraph 9, is replaced by the following:
"Not considered to be conditions within the meaning of paragraphs 4 to 6 of this paragraph, the obligation to be in a defined situation or administrative position, reporting or evaluation conditions that do not go hand in hand with quotas, or with the success of a test or examination, seniority conditions and specific requirements, i.e., attendance at an interview, participation in a test or examination without having to be given ";
5° in § 7, old paragraph 11, which becomes paragraph 10, is replaced by the following:
"The King may, by deliberate order in the Council of Ministers, decide that other conditions that are similar to those defined in the preceding paragraph are not conditions within the meaning of paragraphs 4 to 6 of this paragraph. The Royal Decree must enter into force on the last day of the reference period in which these conditions were created. ";
6° in § 8, paragraph 3 is replaced by the following:
"The conditions which, pursuant to § 7, paragraph 9 or 10, are not considered as conditions within the meaning of § 7, paragraphs 4 to 6, are also considered non-existent for the purposes of the preceding paragraph. ";
7° in § 8, paragraph 4, the words "paragraph 12" are replaced by the words "paragraph 11".
Art. 11. Section 13 of the Act, replaced by the Act of 25 April 2007, is supplemented by a paragraph 9 as follows:
"§ 9. By derogation from Article 12, §§ 7 and 8, it is not taken into account the compensation elements provided for in Article 8, § 1, paragraph 7, of the Act of 21 July 1844 on civil and ecclesiastical pensions or provided for under paragraph 8 of the same provision, when establishing maximum remuneration. ".
Art. 12. In section 14 of the Act, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 2, the words "paragraph 12" are replaced by the words "paragraph 11";
2° in paragraph 4, the words "paragraphs 1er and 5 to 7" are replaced by the words "paragraphs 1er and 4 to 6".
Art. 13. Section 16 of the Act, replaced by the Act of 25 April 2007, is replaced by the following:
"If, for an equalization basket, the percentage referred to in Article 12, § 9, exceeds 5 p.c., the resulting increase of pensions will be paid by successive annual instalments corresponding to a percentage of equalization of not more than 5 p.c..
By derogation from paragraph 1, the King may decide that the increase in pensions will be paid in full or in successive annual instalments corresponding to a percentage greater than 5 p.c.".
Art. 14. Article 35, § 1erof the same Act, as amended by the Acts of 15 May 1984, 18 July 1990, 21 May 1991, 3 February 2003 and 28 February 2007, the following amendments are made:
1° Paragraph 4 is replaced by the following:
"For the application of the first and second paragraphs, the studies are supposed to:
1° to be completed on August 31 of the calendar year in which the degree was obtained;
2° having started the 1er September of the calendar year of which the vintage is equal to the year of the calendar year referred to in 1° diminished of the minimum number of years of study, as the case may be, in article 34, paragraph 1er or 2."
2° it is added a paragraph 5 to read:
"By derogation from paragraph 4, the interested party may provide evidence that the calendar year referred to in paragraph 1 of this paragraph does not correspond with the calendar year in which the last year of study is located. ".
Art. 15. Article 4, § 1er, of the Act of 16 June 1970 on the Improvements in Pensions of Education Members, as amended by the Acts of 15 May 1984, 18 July 1990, 21 May 1991 and 3 February 2003, the following amendments are made:
1° Paragraph 4 is replaced by the following:
"For the purposes of paragraphs 1 and 2, studies are expected to:
1° to be completed on August 31 of the calendar year in which the degree was obtained;
2° having started the 1er September of the calendar year of which the vintage is equal to the vintage of the calendar year referred to in 1° diminished of the minimum number of years of study fixed, as the case may be, in article 2, § 1erparagraph 2, or paragraph 3, paragraph 2;
2° it is added a paragraph 5, to read:
"By derogation from paragraph 4, the interested party may provide evidence that the calendar year referred to in paragraph 1 of this paragraph does not correspond with the calendar year in which the last year of study is located. ".
Art. 16. In section 2 of the Act of January 10, 1974 regulating the eligibility of certain services and periods assimilated to the service activity for the granting and calculation of the dependant pensions of the Public Treasury, the third is replaced by the following:
"3° has been placed, even without compensation, in an administrative situation which is assimilated to the service activity under its legal or regulatory status, excluding the time during which the person concerned:
(a) was on reduced benefit leave for personal convenience;
(b) was on leave pursuant to Article 6, § 1, of the Royal Decree of 20 September 2012 with various provisions concerning the four-day week and the half-time work from 50 to 55 years in the public sector, to perform without additional bonus four-fifths of a normal benefit. ".
Art. 17. In section 5 of the Act, paragraph 3 is replaced by the following:
"The treatments referred to in this article are those that result from the application of Article 11, § 1erParagraph 1erthe Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers.".
Art. 18. In article 44ter, § 5, sentences 1 and 2, of the law of August 5, 1978 of economic and budgetary reforms, last amended by the law of February 3, 2003, the words "or the date on which the judgment or judgment which pronounces the divorce has acquired force of thing tried" are replaced each time by the words "or the date of the transcription on the registers of the civil state of the judgment or the decree pronouncing the divorce".
Art. 19. In Article 2, § 1erParagraph 3, of Royal Decree No. 206 of 29 August 1983 regulating the calculation of public sector pension for incomplete benefit services, is replaced by the following:
"For the determination of the report referred to in paragraph 1 (b), it is not taken into account the reductions in time resulting from:
(a) leave or absence for reduced benefits on grounds of personal convenience;
(b) the non-compliant performance of benefits to four-fifths of normal time under Article 6, § 1erfrom the Royal Decree of 20 September 2012 on various provisions concerning the four-day week and the half-time work from 50 to 55 years in the public sector.".
Art. 20. Section 7 of the Act of 15 May 1984 on harmonization measures in pension plans is supplemented by a paragraph written as follows:
"For the duration of marriage, one must hear the period that begins on the day of marriage and ends on the day before the day of the transcript of the judgment or of the decree pronouncing divorce. ".
Art. 21. Article 21, § 1er, of the same law, replaced by the Royal Decree of 16 July 1998, the following amendments are made:
1° Paragraph 5 is replaced by two paragraphs as follows:
"The King may determine other cases in which a surviving pension application must not be filed.
In the cases referred to in paragraphs 1 to 5, an ex officio decision is made on the surviving pension rights of the eligible person."
2° Paragraph 3 is replaced by the following:
§ 3. The King determines the conditions for a valid pension application.
Without prejudice to the application of sections 139 to 163 of the Act of 29 December 2010 on various provisions (I), the King shall determine the electronic documents, documents or certificates that must be produced to justify the rights to a survival pension.".
Art. 22. In Article 46, § 1er, of the same law, replaced by the Act of 28 December 2011, paragraph 2, 1°, is supplemented by the words "and calendar years for which a pension may be granted as a member of the European Parliament, the Federal Parliament or a Parliament or Council of a Community or a Region".
Art. 23. In the New Municipal Law, codified by the Royal Decree of 24 June 1988 and ratified by the law of 26 May 1989, it is inserted an article 157bis, as follows:
"Art. 157bis. The provisions of sections 156 and 157 are also applicable to staff members with the quality of trainee and their entitlements, for internship periods that occur after 31 December 2012. ".
Art. 24. In the Act of 20 July 1991 on social and other provisions, an article 85ter is inserted as follows:
"Art. 85ter. The amount of the pension that will be granted to teachers of the Flemish Community Commission, assigned to the Elishout campus and transferred to 1er September 2013 at the instruction of the Flemish Community, may not be less than the amount of the pension they would have obtained in accordance with the legal and regulatory provisions applicable to them as at 31 August 2013, but taking into account the changes that these provisions would have undergone later under general measures applicable to the institution to which they belonged at the time of their transfer, pursuant to Article 92 bis, § 4quater, of the special law of August 8, 1980
Additional expenses arising from the warranty referred to in paragraph 1er are responsible for the Flemish Community Commission.
For the purposes of paragraph 1er"Elishout camp" means the following institutions of the Flemish Community Commission: the Elishout secondary school, the Elishout adult education centre and the Elishout boarding school.
The warranty referred to in paragraph 1er expires if the staff member leaves the Flemish Community education after 1er September 2013 and provides after that date services for which a pension is granted to it in one of the pension plans referred to in section 1er of the Act of 14 April 1965 establishing certain relations between the various public sector pension schemes.
Art. 25. In section 10, paragraph 2, of the Act of 30 March 2001 on the pension of police personnel and their entitled persons, as amended by the Royal Decree of 5 December 2002, the following amendments are made:
1° in 1°, b, the words "the AA2, AA3 or A2A treatment scale" are replaced by the words "class A1 or A2";
2° in 2°, e, the words "the AA4, AA5, A3A or A4A treatment scale" are replaced by the words "class A3";
3° in 3°, b, the words "the A5A treatment scale" are replaced by the words "class A4".
Art. 26. In article 5bis, paragraph 1er, of the Act of 25 February 2003 establishing the function of a security officer for the execution of the police missions of the courts and tribunals and the transfer of detainees, inserted by the law of 20 July 2006, the words "the soldiers transferred who" are replaced by the words "the soldiers transferred under section 4 who".
Art. 27. In the Act of 12 January 2006 establishing the Public Sector Pension Service, an article 5/1 is inserted as follows:
"Art. 5/1. The SdPSP may delegate to another institution the tasks relating to the collection and recovery of revenues referred to in Article 5.
If the duties relating to the collection and recovery of these revenues are delegated to another institution, the contributions referred to in Article 5, 2°, are, with respect to the collection and recovery, excluding the limitation and litigation, assimilated to the contributions referred to in Article 5, 1°, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The King shall determine the duration and modalities of that delegation. ".
Art. 28. In section 6, 1°, (b), of the Act, the following amendments are made:
1° the second dash is replaced by the following:
"- in charge of the solidified pension fund of the ONSAPL referred to in Article 3, 5), of the Act of 24 October 2011 providing for continuous funding of pensions of staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amended provisions;"
2 ° the third dash is replaced by the following:
"-. in charge of the Federal Police Pension Fund;".
Art. 29. In Article 152, § 2, of the Act of 29 December 2010 dealing with various provisions (I), the words "SdPSP sends" are replaced by the words "the pension institution of the public sector concerned sends".
Art. 30. In section 155, paragraph 2, of the Act, the words "public sector pension institutions" are replaced by the words "PSPDS".
Art. 31. In title 13, single chapter, of the same law, a section 7/1 entitled "Secondary Network" is inserted.
Art. 32. In section 7/1 of the Act, inserted by section 31, an article 162/2 is inserted as follows:
"Art. 162/2. The SdPSP holds for the needs of other public sector pension institutions a particular directory of persons referred to in Article 6, § 1er, paragraph 2, 2°, of the Act of 15 January 1990 on the institution and organization of a Carrefour Bank of Social Security and is therefore an institution managing a secondary network within the meaning of Article 1, 6°, of the Royal Decree of 4 February 1997 organizing the communication of social data with a personal character between social security institutions. ".
Art. 33. In the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amended provisions, an article 20/1, which reads as follows:
"Art. 20/1. In the case of services performed successively with several employers affiliated to the ASAPL's solidified pension fund, each of these employers is responsible for the portion of the pension that relates to the duration of the eligible services and periods at home.
When for the determination of the amount of the pension, the time reduction provided for in section 2 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of the public sector pension for incomplete benefit services, the duration of eligible services and periods referred to in paragraph 1er shall be established in accordance with the provisions of article 2 of that order. ".
Art. 34. In the same Act, an article 20/2 is inserted as follows:
"Art. 20/2. The distribution provided for in section 20/1 applies to all retirement and survival pensions, as well as to holiday-related tolls, dependant on the Solidarized Pension Fund of the ONSAPL that take place from 1er January 2012 as well as, where feasible, current pensions as of December 31, 2011.
For the purposes of paragraph 1er the distribution referred to in section 20/1 is materially possible when the PSPS or the pension-management institution has the required career data in electronic form to perform that distribution. ".
Art. 35. Section 89 of the Act of December 28, 2011, repealed by the Act of December 13, 2012, is reinstated in the following wording:
"Art. 89 By derogation from article 88, paragraph 1erfor members of the permanent deputation of the provincial council, the provincial college and the deputation of the provincial council, the following is applied:
For the validated mandate acquired until October 14, 2012, including the period of possible exit allowance that arises from the validated mandate until October 14, 2012, the retirement pension may take place from the age of 55.
For the validated term acquired as of October 15, 2012, this retirement pension may take place from the age of 62.
For members who, as of October 14, 2012, have already reached the age of 55 years or total 20 years of valid terms of reference, the pension age remaining 55 years.".
Art. 36. In section 96 of the Program Law of June 28, 2013, the words "Article 78" are replaced by the words "Article 59".
Art. 37. In article 106 of the same programme law, the words "1,8652 euros from 60e month" are replaced by the words "1,8652 euros from 61e month."
CHAPTER 3. - Autonomous provisions
Section 1re. - The pension rights of Belgocontrol personnel used in projects determined in a Belgian public service pursuant to article 475 of the programme law of 22 December 2003 or article 29bis of the law of 21 March 1991 on the reform of certain economic public enterprises
Art. 38. For the purposes of this section, it shall be understood by:
1° "the appointed staff member": the staff member of Belgocontrol appointed by statute to be permanently employed on a voluntary basis in a Belgian public service pursuant to Article 475 of the Programme Law of 22 December 2003 or who has enjoyed external mobility in accordance with Article 29bis of the Act of 21 March 1991 on reform of certain economic public enterprises;
2° "Belgian public service": the Belgian public service to which the appointed member of the Belgocontrol staff is used pursuant to section 475 of the programme law of 22 December 2003 or pursuant to article 29bis of the law of 21 March 1991 on the reform of certain economic public enterprises.
Art. 39. If the appointee of Belgocontrol obtains a final appointment with another Belgian public service, the reference salary that serves as the basis for the calculation of the pension may not, notwithstanding any other legal, regulatory or contractual provision, be less than the reference treatment that would have been taken into account in calculating the pension if the appointee staff member had continued his career within Belgocontrol.
Art. 40. The increase in the pension as a result of taking into account the guaranteed reference salary provided for in the previous section is granted in the form of a supplementary pension that is borne by the Public Treasury. This supplement is not taken into account for the distribution of the single pension resulting from the application of the Act of April 14, 1965 establishing certain relationships between the various public sector pension plans.
Art. 41. From the definitive appointment of the staff member named from Belgocontrol, to another Belgian public service and by staff member, a total contribution of 16.36 per cent is due by Belgocontrol on the positive difference between two sets of fictitious treatments:
(a) on the one hand, the salary and other elements of the remuneration taken into account for the calculation of the pension, to which the appointed staff member would have been entitled if he had continued his career with Belgocontrol from the time of his final appointment with the other Belgian public service until the last day of the month in which the staff member used reached the age at which he was entitled to a pension under section 46 of the law
(b) on the other hand, the salary and other elements of the remuneration taken into account for the calculation of the pension, which are applicable, in this other Belgian public service, to the member of the staff appointed from the time he is appointed definitively to the Belgian public service, until the last day of the month in which the employee employed reaches the age at which he is entitled to a pension under section 46 of the pension law of 15 May 1984
The King shall determine the terms and conditions of payment of the contribution referred to in paragraph 1er.
Art. 42. The contribution referred to in section 41 is considered an ordinary social security contribution.
Section 2. Other autonomous provisions
Art. 43. § 1er. The pension plan under section 20 of the Act of 22 March 1995 establishing federal mediators is applicable:
1° to the mediator of the Walloon Region, appointed pursuant to the decree of 22 December 1994 establishing the institution of the mediator of the Walloon Region, repealed by the decree of 31 March 2011 granting approval to the cooperation agreement of 3 February 2011 between the French Community and the Walloon Region establishing a joint mediation service to the French Community and the Walloon Region;
2° to the Flemish mediator, appointed pursuant to the decree of 7 July 1998 establishing the Flemish mediation service, amended by the decrees of 23 June 2006 and 9 November 2012;
3° to the mediator and deputy mediator of the French Community, appointed pursuant to the decree of 20 June 2002 establishing the service of the mediator of the French Community, repealed by the decree of 17 March 2011 granting approval to the cooperation agreement of 3 February 2011 between the French Community and the Walloon Region establishing a joint mediation service to the French Community and the Walloon Region;
4th to the Ombudsman of the German-speaking Community appointed pursuant to the decree of 26 May 2009 establishing the function of mediator for the German-speaking Community;
5° to the mediator of the joint mediation service to the Parliaments of the Walloon Region and the French Community, appointed in accordance with the cooperation agreement of 3 February 2011 between the French Community and the Walloon Region, establishing a joint mediation service to the French Community and the Walloon Region.
§ 2. Pensions granted under § 1er are in charge of the Public Treasury.
Art. 44. Employees of federal mediators appointed on a final basis are entitled to a pension plan that is applicable to employees of the general administration. These pensions are borne by the Treasury.
Art. 45. Both for the opening of the right to a retiring or dependant survival pension of the Public Treasury and for the calculation of such pensions, the following services are assumed to have been completed as a definitive agent to the SPF Finance, provided that they have been rendered by an employee of a mortgage preserver who has been incorporated as a state agent in the Federal Public Service Finance pursuant to section 2 of the Act of 11 December 2006
1° services rendered as a temporary employee of a mortgage preserver, with the exception of the trial period;
2° services rendered as an internship employee of a mortgage curator;
3° services rendered as an employee permanently admitted to a mortgage preserver.
Art. 46. For the award and calculation of the Treasury's dependant pension, the financial inspector carrying out the mandate of the Chief of Staff of the Financial Inspectorate is expected to continue to perform the function of a financial inspector during his term of office and to benefit from the treatment he would have benefited if he had actually continued to exercise that function. The difference between this treatment and its treatment as a head of body is, with respect to the pension, considered to be an additional treatment that does not come into account for the establishment of the base salary for the calculation of the pension.
By derogation from section 60 of the Act of 15 May 1984 on measures of harmonization in pension plans, the salary supplement referred to in paragraph 1 is subject to the mandatory deduction provided for in section 60 above.
CHAPTER 4. - Abrogatory provisions
Art. 47. The following provisions are repealed:
1° Article 3, paragraph 2, of the Act of April 14, 1965 establishing certain relations between the various public sector pension plans;
2° § 7, paragraph 3, of Article 12 of the Law of 9 July 1969 amending and supplementing the legislation relating to pensions and survival of public sector workers;
3° § 4 of Article 21 and Article 63 of the Law of 15 May 1984 concerning measures of harmonization in pension schemes;
4° Section IV, Chapter 1er Title II of the Act of 12 August 2000 on social, budgetary and other provisions;
5° Article 83 of the Act of 3 February 2003 amending public sector pension legislation.
Section 5. - The status and pension scheme of relief personnel
Section 1re. - Scope and definitions
Art. 48. § 1er. For the purposes of this chapter, the following should be understood:
1° "the law of 15 May 2007": the law of 15 May 2007 on civil security;
2° "remediation zone": the legal person referred to in section 14 of the Act of 15 May 2007;
3° "Operating staff member": the professional operational staff member of the emergency area referred to in section 103 of the Act of 15 May 2007;
4° "member of administrative staff": the administrative staff member of the relief zone referred to in section 105 of the Act of 15 May 2007;
5° "Council": Council of the emergency zone referred to in section 24 of the Act of 15 May 2007;
6° "the college": the college of the emergency zone referred to in section 55 of the law of 15 May 2007.
For the purposes of this chapter, the term "common" also refers to a "intercommunal fire services".
§ 2. This chapter does not apply to fire and emergency medical personnel of the Brussels Capital Region.
Section 2. - Operational staff pension plan
Art. 49. This section applies only to operational personnel.
Art. 50. Subject to the special provisions of this chapter, operational staff members who have a final appointment or an appointment made by or under the law shall be entitled to the pension plan applicable to public servants of the General Administration of the State.
For the purposes of paragraph 1erthe terms of reference of the area commander referred to in section 109 of the Act of 15 May 2007 are considered to be a final appointment.
Persons entitled to operational personnel referred to in paragraph 1er benefit from the survival pension plan that is applicable to the beneficiaries of the public servants of the State General Administration.
Art. 51. For the liquidation of the retirement pension, each year spent in service as a professional firefighter referred to in section 103, paragraph 1er, 1° of the law which participates directly in the fight against fire is taken into account in the reference treatment referred to in Article 8, § 1erParagraph 2 of the General Act of 21 July 1844 on civil and ecclesiastical pensions.
Derogation from paragraph 1er the period of pre-retirement leave shall be taken into account in respect of the fortieth 1/60th per year of service.
Section 3. - Administrative staff pension plan
Art. 52. This section applies only to administrative personnel.
Art. 53. Administrative staff members with a final appointment or an appointment made by or under the law shall be entitled to the pension plan applicable to public servants of the State General Administration.
Persons entitled to the personnel referred to in paragraph 1er benefit from the survival pension plan that is applicable to the beneficiaries of the public servants of the State General Administration.
Section 4. - Transitional provisions relating to the pension plan for operational staff and administrative staff appointed to final draws
Art. 54. This section applies to operational staff and administrative staff appointed on a final basis.
Art. 55. For the application of Article 8, § 1erparagraphs 2 and 4 of the General Act of 21 July 1844 on civil and ecclesiastical pensions, the functions performed by staff members from the date on which they were subject to the provisions that set out the status or legal position of operational staff members or administrative staff appointed on a final basis, are considered to be completely separate from the functions performed prior to that date.
Art. 56. If the communal pension regulations in force on the date of transfer to emergency areas provided for the members of the fire service a pension plan more favourable than that provided for in this chapter, an additional pension is provided to the personnel who were part of the same date of the fire service of the municipality concerned. This supplement is equal to the difference between, on the one hand, the rate that the pension would have reached if the transfer to the relief zones had not occurred, and on the other hand, the pension rate calculated according to the rules set out in this Act.
The supplement referred to in paragraph 1er is an integral part of the nominal pension rate. However, it does not take into account the application of section 13 of the Act of April 14, 1965 establishing certain relationships between the various public sector pension plans.
The supplement under this article shall be borne by the municipality in which the staff member was employed prior to his transfer to emergency areas.
Art. 57. A staff member who, on the date on which the category of staff to which he or she belonged lastly passes to the relief zone, receives a temporary pension because of physical incapacity that, after that date, is transformed into a final pension, is, for the purposes of this Act, expected to have been permanently pensioned on the date of taking of his or her temporary pension.
Section 5. - Amendments to pensions
Art. 58. Article 1er of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1, the 5° is replaced as follows:
"5° of the Solidarized Pension Fund of the ONSAPL. ";
2° in paragraph 1, the 6° is deleted;
3° in paragraph 2, the words "to the regime of the new affiliates of the ONSAPL" are replaced by the words "to the Solidarized Pension Fund of the ONSAPL.
Art. 59. In section 12 of the Act of 9 July 1969, replaced by the Act of 25 April 2007, the following amendments are made:
1° § 3 is supplemented by the 16°, written as follows:
"16°: emergency areas referred to in Article 14 of the Civil Security Act of 15 May 2007;
2° to § 4, paragraph 1, the second sentence shall be replaced as follows:
"It is only taken into account retirement pensions referred to in Article 1er which are managed by the SdPSP or are dependent on the Solidarized Pension Fund of the ONSAPL. ";
3° to § 5, paragraph 1, the 3° is replaced by the following:
"3° : two pensions for the sectors referred to in § 3, 2°, 5°, 6°, 9°, 10°, 11° and 16° ;".
Art. 60. In section 13 of the Act, replaced by the Act of 25 April 2007, a paragraph 4/1 is inserted, as follows:
§ 4/1. The provisions of § 2 to 4 shall apply mutatis mutandis to the personnel concerned by the transfer to a relief zone referred to in Article 2, § 1erTwo. ".
Art. 61. In Article 1er, 2°, i), of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on the pensions of public service officers, the words "of the Solidarized Pension Fund of the ONSAPL" are replaced by the words "of relief zones. "
Section 6. - Pension financing
Art. 62. Section 5, § 2, of the Act of 24 October 2011 providing for the permanent funding of pensions of staff appointed definitively from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amendments, is supplemented by the following paragraphs:
"The relief areas referred to in Article 14 of the Civil Security Act of 15 May 2007 and their staff members are in full right and irrevocably affiliated with the Solidarized Pension Fund of the ONSAPL from 1er January 2015.
The ex officio affiliation provided for in paragraph 2 shall apply to all personnel referred to in Article 48, § 1er, 3° and 4° of the Act of 5 May 2014 concerning various matters relating to public sector pension that are named definitively or assimilated or are interns. ".
Art. 63. In section 10 of the Act of 24 October 2011, the following amendments are made:
1° in 1), the words ", § 2 or § 5" are inserted between the words "Article 5, § 1er, 1) to 7)" and the words "are, from the date of their affiliation".
2° in 2), the words ", § 2 or § 5" are inserted between the words "Article 5, § 1er, 1) to 7)" and the words "are, from the date of their affiliation".
Art. 64. In the law of 24 October 2011 mentioned above, Article 18, whose current text will form § 1er, is supplemented by § 2 written as follows:
"§2. For relief areas referred to in section 14 of the Civil Security Act of 15 May 2007, the basic pension contribution rate to be paid to the Solidarized Pension Fund of the ASAPL is set as follows:
- 2015: 41%;
- 2016: 4.5%."
Art. 65. An article 21/1, which reads as follows:
"Art. 21/1. For the calculation of the accountability due for 2015 and the following years by a municipality or intercommunal from which personnel appointed as final fire services were transferred to a relief zone in accordance with sections 203 and 205 of the Civil Security Act of May 15, 2007, the commune or intercommunal was deemed to have remained the employer of personnel transferred to the relief zone. It is supposed to have paid the remuneration of this staff and the basic pension contributions at the rate provided for in Article 18, § 2.
Paragraph 1er ceases to apply from the retirement of the last staff member appointed on a final basis transferred to the area under review. ".
Art. 66. An article 21/2 is inserted in the same law as follows:
"Art. 21/2. The amount of additional employer contributions due as an individual accountability is distributed among the municipalities of the area in accordance with the provisions of Article 68, §§ 2 and 3 of the Civil Security Act of 15 May 2007. ".
Art. 67. Section 29 of the Act is supplemented by a paragraph 3, which reads as follows:
§ 3. The retirement pension management of former operational staff and former fire service personnel in progress as at 31 December 2014 as well as the survival pensions granted prior to that date to those persons who were insured by the SPPD remains the responsibility of this service.
The pension management of former operational staff and former fire service administrative personnel in progress as at 31 December 2014 as well as the surviving pensions granted before that date to those persons who were insured by a contingency institution remains the responsibility of this institution. ".
Art. 68. § 1er. For the year 2015, a public treasury subsidy is granted to relief areas affiliated to the ASAPL Solidarized Pension Fund for relief personnel who have been transferred from a municipality referred to in Article 18, § 1er(1), the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis to provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions and containing various amended provisions.
§ 2. This subsidy covers the charge resulting from the difference between the rate of the basic pension contribution due by the area under section 18, paragraph 2, of the Act of October 24, 2011 and the rate of the basic pension contribution that would have been paid for that staff by the municipality in 2015 under section 18, § 1er(1) and 22 of the Act of 24 October 2011. This difference is applied on the basic payroll for the basic pension contribution that is provided by the National Social Security Office of provincial and local governments.
§ 3. The subsidy referred to in § 1er is assigned to the National Social Security Office of provincial and local governments on behalf of relief areas.
The Agency deducts these grants from the total pension contributions due by each relief zone.
Financing of the subsidies referred to in § 1er is collected from the proceeds of T.V.A. revenues.
The amount of the grants is paid on December 31 of the calendar year before for the fiscal year to which it relates on the basis of an estimate of the payroll.
At the end of the calendar year in question, a final count is made.
Section 7. - Other amendments
Art. 69. Section 32 of the General Law on Family Allowances is supplemented by a point 13°, which reads as follows:
"13° the emergency zones referred to in the Civil Security Act of 15 May 2007.
CHAPTER 6. - Entry into force
Art. 70. This Act comes into force on the first day of the second month following that of its publication in the Belgian Monitor.
Derogation from paragraph 1er :
1° Article 3 produces its effects on 1er January 2002, with the exception of 3°, (a), (a1), which produces its effects on July 31, 2006, 3°, (a), (a), which produces its effects on June 4, 2007, 4° and 5°, which produce their effects on June 1,er August 2008, from 6°, 7°, 9° to 12° and 15° to 23°, which produce their effects on 1er June 2006, 8°, which produces its effects on 1er January 2010 and 3°, d), which comes into force on the first day of the second month following that of the publication to the Belgian Monitor of this Act;
2° Articles 9 and 46 produce their effects on 1er January 2003;
3° Articles 8, 25 and 47, 1°, produce their effects on 1er January 2007;
4° Article 44 produces its effects on 1er February 2010;
5° Article 4 produces its effects on 1er January 2011;
6° Articles 43 and 47, 4° and 5° produce their effects on 1er September 2012;
7° Articles 22, 23 and 36 produce their effects on 1er January 2013;
8° Article 37 produces its effects on 1er January 2014;
9° Articles 14 and 15 come into force on the first day of the fourteenth month following that of the publication of this Act to the Belgian Monitor;
10° the provisions of section 45 apply only to pension and survival pensions that take place from 1er May 2014;
11° Articles 48 to 69 come into force on 1er January 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives:
(www.lachambre.be)
Documents: 53-3434
Full report: 22 April 2014
Senate (www.senate.be):
Documents: 5-2861
Project not referred to by the Senate