Act Respecting Various Matters Relating To Pensions Of The Public Sector

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022247&caller=list&article_lang=F&row_id=700&numero=714&pub_date=2014-06-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-02 Numac: 2014022247 FEDERAL social security PUBLIC SERVICE 5 may 2014. -Act respecting various matters relating to pensions of the public sector PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amending provisions various arts. 2. article 8, § 1, of the Act of 21 July 1844 on Civil and ecclesiastical pensions replaced by the law of April 11, 2005 and as last amended by the Act of June 20, 2006, is complemented by 2 paragraphs worded as follows: "for the determination of the treatment of reference referred to in paragraph 2, account is also taken : 1 ° increases related to progress to the next level referred to in article 48 of the royal decree of 25 October 2013 relative to pecuniary career of members of the staff of the federal public service;
2 ° the first scale subsidies and bonuses of scale referred to in article 49 of the royal decree of 25 October 2013 supra.
The King may, by Decree deliberated in the Council of Ministers, complete the list of the elements of remuneration referred to in the preceding paragraph by elements of remuneration of a similar nature. "."
S. 3. in the annex to the Act, replaced by the Act of February 3, 2003 and completed by the laws of July 9, 2004, December 22, 2008, April 25, 2007, and June 8, 2008, the following changes are made: 1 ° in the left column, the point I is replaced by the following: ' I. Ministry of finance. "
Sector customs 1. Director of tax administration;
2 Senior Inspector of tax administration (a');
3 Wizard of finance, grade deleted;
4 administrative collaborator;
5 financial contributor;
6 financial assistant (a '). ";
2 ° in the left column, point I, B is replaced by the following: "B. sector excise duties 1. Chief Inspector of tax administration;
2 section head of finance, grade deleted;
3 Wizard of finance, grade deleted;
4 administrative collaborator;
5 financial contributor;
6 financial assistant (has "').";
3 ° in the left column, under the heading 'Remarks', the following modifications are made: a) the littera has) is complemented by the following points: a1) "13. (in the single Office of customs and Excise;"a2)"14. in the branches. ";
(b) the substituted a ") is replaced by the following:"(a'') financial Assistant (sector customs) this designation aims in this case officers who, on the eve of their appointment to the rank of assistant financial, were: - is coated with the rank of assistant of finance - sector customs; "
-either, winning a review of promotion to a rank of row 34 a review or a selection of advancement wage scale across 30s2, on condition that these winners belonged to the customs sector or the excise duty sector;
-either, winning a review of promotion to a rank of row 34 a review or a selection of advancement wage scale scale 30s2, provided that on the one hand, these winners belonged to the ex-niveau 3 - customs or excise duties sector or level D - customs or excise duty sector, before their accession to the C level and that, on the other hand, their appointment to the rank of assistant financial results from the success of reviews or selections above. ";
c) the littera has "') is replaced by the following:"(a''') financial Assistant (sector Excise) this designation aims in this case officers who on the eve of their appointment to the rank of assistant financial, were:-, bearing the rank of assistant finance - sector excise duties or the rank of Chief of the finance section - sector excise duty; "
-either, winning a review of promotion to a rank of row 34, a review or a selection of wage scale status scale 30S 2, a review or a selection of advancement to the rank of head of finance section, on condition that these laureates, belonged to the customs area or the excise duty sector;
-either, winning a review of promotion to a rank of row 34, a review or a selection of advancement wage scale scale 30S 2, a review or a selection of advancement to the rank of head of finance section, provided that on the one hand, these winners belonged to the ex-niveau 3 - excise duty or customs sector or level D - excise duty or customs sector , before their accession to the C level and that, secondly, their appointment to the rank of assistant financial results from the success of reviews or selections above. ";
d) letter b) is replaced by the following: "b) holders of the grades referred to in points (b), 2-6, do not benefit from the preferential denominator when the function is performed in a section control excise duty. ';
4 ° in the left column the title of item (II), as well as item II, shall be replaced by the following: "II. SERVICE PUBLIC DE WALLONIE and Ministry FLEMISH of the environment, of the NATURE and of the energy A. public Service of Wallonia (Department of Nature and forests and Police Department and controls, the poaching and pollution combating Branch) 1. First Assistant (level D1);
2 Senior Assistant (scale D2);
3 qualified Assistant (scale D3);
4. first assistant (level C1);
5 senior assistant (level C2);
6 assistant ("scale C3).
Holders of these ranks do not benefit from the preferential denominator when the function is a function included in the "old names" column under point II A or II, B.1.ou II, B.2. and that they have the function of forest warden or guard of nature. ";
5 ° in the right column, point II, B is replaced by the following: "B. Ministry of the Walloon Region B.1. In general 1. Head of Brigade of waters and forests of 1st class (34/2 scale);
2 senior technical officer of waters and forests (scale 32/2);
3. technical officer of the waters and forests of 1st class (30/2 scale).
Holders of these ranks do not benefit from the preferential denominator when the function is a function included in the "old names" column under item (II), has and that they have the function of forest warden or guard of nature.
B.2. the nature and forest 1 Division.
First Assistant (level D1);
2 Senior Assistant (scale D2);
3 Assistant (scale D3);
4. first assistant (level C1);
5 senior assistant (level C2);
6 assistant (scale C3).
Holders of these ranks do not benefit from the preferential denominator when the function is a function included in the "old names" column under point II A or II, B.1. and that they have the function of forest warden or guard of nature. ";
6 ° in the left column, in the title of the item II., the words "Ministry of the FLEMISH community" shall be replaced by the words "Ministry FLEMISH environment, NATURE and energy";
7 ° in the left column, the title of item (II). (B) is replaced by "Flemish Ministry of environment, Nature and energy - the Nature and forest agency";
8 ° in the left column, under section II. B., the words "forest warden or guard of nature" are replaced by the words "custody forest, strategic advisor, or Inspector of nature";
9 ° in the right-hand column, the numbered list of item (II). C. is completed by: 4 Assistant;
5 assistant Chief;
6 technician;
7 Chief technician.
10 ° in the left column, in the title of the item III., the words "Ministry of the FLEMISH community" are replaced by the words "Ministry of mobility and public works FLEMISH" 11 ° in the right column, in the title of item (III), the words "AIRWAY hydraulic and MARINE" shall be inserted between the words "Ministry of the FLEMISH community "and the words"Régie des TRANSPORTS MARITIMES".
12 ° in the left column, the title of item (III). (B) is replaced by "Flemish Ministry of mobility and public works - the Agency for the provision of Maritime Services and Coast";
13 ° in the left column, the numbered list of item (III). (B) is replaced by the following numbered list: 1. special assistant (with seaman function);
2 special assistant (with driver function);
3. Chief engine Builder (with engine Builder function);
4 Chief engine Builder (with function of of an engineer);
5 engine;
6 boss;
7 Chief boss (with skipper function);
8 technician;
9. Chief naval technician;
10 driver (with a general function);
11 driver (with Captain function second pilot boat);
12 pilot (with pilot boat captain function);
13 driver (with chief pilot function in the extension of the function of driver exercising a general function with the exception of the former head of nautical service);
14. special assistant (with embedded Cook function);
15 special assistant chief (with embedded Cook function).
14 ° in the right-hand column, the numbered list of item (III) is complemented by: 80. Special assistant (with seaman function);
81. special assistant (with function of quartermaster);
82. special assistant (with driver function);
83. Chief engine Builder (with engine Builder function);
84. Chief engine Builder (with the function of an engineer);
85 engine Builder;
86 boss;
87 Chief boss (with function of Chief patron);

88 Chief boss (with skipper function);
89 technician (with flight engineer function);
90 technician;
91 Chief naval technician;
92 driver (with a general function);
93 driver (with Captain function second pilot boat);
94 pilot (with pilot boat captain function);
95 driver (with chief pilot function in the extension of the function of driver exercising a general function with the exception of the former head of nautical service);
96 special assistant (with embedded Cook function).;
15 ° in the left column, the title of point V is replaced by 'Services of the Flemish Government - functions performed in the mobility and public works policy';
16 ° in the left column, in section V, the words 'Ponts et chaussées' shall be deleted;
17 ° in the right-hand column, the title of item V is supplemented by the words "and the Ministry of the FLEMISH community, PONTS ET CHAUSSÉES".

18 ° in the right column, it is inserted between the heading of point V and the numbered list, a V.A. item: 'A. Department of public works';
19 ° in the right column, in section V, it is inserted below the numbered list, an item V.B. entitled: "Ministry of the Flemish community, Ponts et chaussées".
20 ° in the right column, under the title of item V.B, inserted by the 19th, it is inserted a numbered list: 1. professional engineer;
2 Director-Engineer, with the exception of the former Inspector in Chief-Director;
3 Deputy Director and Director.;
21 ° in the right column, under the numbered list inserted by the 20 °, the following words shall be inserted: "the grades listed under B holders do not benefit from the denominator preferential that insofar as the function matches that included under point V.A.";
22 ° in the right-hand column, under section V, "holders of these ranks" shall be replaced by the words "holders of the ranks under A and B".
23 ° in the left column, under section V, the words "under point V." are replaced by the words "under the V.A. point".
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4. in the annex to the Act, the following amendments are made: 1 ° in the left column, the title of section I shall be replaced by "SPF finance and agency of the SERVICE FLEMISH DE LES taxes";
2 ° in the left column, in section I, it is inserted before the heading "Remarks", a point C as follows: "C. Flemish Ministry of finance - the Flemish Service of taxes Section 1 control agency. Assistant;
2 technical assistant;
3 collaborator;
4 Chief collaborator;
5 senior chief collaborator;
6 expert;
7 senior expert chef. ";
3 ° in the left column, under the heading "remarks", there shall be inserted a point h) as follows: "h) holders of grades referred to in point C do not benefit from the preferential denominator only insofar as they have been redeployed under the royal decree of November 26, 2010, on the transfer to the Flemish Government of members of the Service staff federal public finance or the royal decree of 19 December 2010 on the transfer to the Government" Flemish members of the staff of the public Service federal Finance and only for periods during which they exercise to the Agency of the Flemish Service of taxes "Comptrollership of regional taxes"or "Coordinator of control".".
S. 5. article 37 of the Act is replaced by the following: 'article 37. the King determines the cases in which a pension application must be introduced and the conditions to which this application for pension must satisfy to be valid.
Without prejudice to the application of articles 139 to 163 of the Act, December 29, 2010 various (I) provisions, the King determines the parts, documents, or electronic certificates that must be produced to justify the retirement and survival pension rights. "."
S. 6. in the laws on military pensions, coordinated by order royal No. 16020 August 11, 1923, inserted an article 5a worded as follows: "article 5bis. § 1. If Member on active duty is placed in a position non-remunerated to enable him to exercise another activity and can claim of this masterpiece to a pension of retirement or pension retirement, allocated in execution of a legal, regulatory, statutory or contractual pension plan, the share of the pension or pension corresponding to the periods during which the military on active duty has been placed in this situation not paid is deducted the increase in pension resulting from taking into consideration these periods in the military pension.
With regard to the benefits deriving from insurance contracts, the deduction referred to in paragraph 1 is limited to the portion of these benefits premiums which the burden was borne by the employer.

§ 2. If the periods taken into account according to the § 1, involved in the period chosen for the establishment of the treatment of reference as a basis for the calculation of the military pension, account shall be taken, for these periods, treatment and treatment supplements which the Member would have received if he had been paid. "."
S. 7. article 62A of the same laws coordinated, inserted by the law of May 15, 1984 and amended by the law of 21 May 1991, is supplemented by a paragraph 3 as follows: "§ § 3 3" The King determines the cases in which a pension application must be introduced and the conditions to which this application for pension must satisfy to be valid.
Without prejudice to the application of articles 139 to 163 of the Act, December 29, 2010 various (I) provisions, the King determines the parts, documents, or electronic certificates that must be produced to justify the rights to a retirement pension. "."
S. 8. in the Act of April 14, 1965, establishing certain relationships between the various schemes in the public sector, it is inserted an article 1/1 as follows: "article
1/1. Under this Act, and except for the purposes of article 13, the pension granted to members of the SNCB-Holding staff and HR-Rail as well as granted to their entitled survivor's pensions, are not considered to be pensions to charge the public Treasury but as pension dependant of a body of public interest referred to in article 1 , e littera. "."
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9. article 12, paragraph 3, of the Act of July 9, 1969, amending and supplementing the legislation on pensions and survival of the agents of the public sector, such as it was before the change introduced by the Act of April 25, 2007, is replaced by the following: "§ § 3 3" If, on the revision of certain remuneration or categories of salaries, the salary increase exceeds 5 pc., pension increases resulting therefrom, shall be paid by successive annual tranches corresponding to a salary increase within 5 pc. maximum.
By way of derogation from paragraph 1, the King may decide that the increase of pensions will be paid in full or in subsequent annual instalments corresponding to a percentage greater than 5 pc. "."
S. 10A article 12 of the same Act, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in § 6, paragraph 4, the words "paragraph 7" shall be replaced by the words "paragraph 6";
2 ° in § 6, paragraph 5 is replaced by the following: "the conditions which, under § 7, paragraph 9 or 10, are not considered to be conditions within the meaning of § 7, paragraphs 4 to 6, are, for the purposes of this paragraph, also be considered non-existent.";
3 ° in the § 7, paragraph 6 former, which becomes paragraph (5), is replaced by the following: "If, during the four years preceding the previous reference period, a new legal or regulatory provision allows coated active agents of the rank in which the holder of the pension ended his career, obtain, under certain conditions, a different wage scale scale , another supplement of treatment or a new supplement of treatment, they are taken into account for the calculation of the maximum remuneration attached to pensions which, when calculating the remuneration package of a previous reference period, were considered, pursuant to paragraph 7, pensions which the holder fulfils the conditions laid down by the new provision. ";
4 ° in the § 7, paragraph 10 former, which becomes article 9 is replaced by the following: "are not considered as conditions within the meaning of paragraphs 4 to 6 of this paragraph, the obligation to be in a situation or a defined administrative position, conditions for reporting or evaluation that will hand in hand or with a quota , or the success of a test or examination, the conditions of seniority and specific requirements, namely the presence in an interview, participation in a test or examination without a success is required, assistance to courses or presentations, writing a report or the provision of a job any. ";
5 ° in § 7, paragraph 11 former, which becomes article 10 is replaced by the following: "the King may, by Decree deliberated in the Council of Ministers, decide that other conditions that are substantially similar to those defined in the previous paragraph, are not the conditions within the meaning of paragraphs 4 to 6 of this subsection. This royal decree shall enter into force on the last day of the reference period in which these conditions have been created. ";
6 ° in § 8, paragraph 3 is replaced by the following:

"The conditions that, under § 7, paragraph 9 or 10, are not considered to be conditions within the meaning of § 7, paragraphs 4 to 6, are, for the purposes of the preceding paragraph, also be considered non-existent.";
7 ° in § 8, paragraph 4, the words "paragraph 12" shall be replaced by the words "paragraph 11".
S. 11. article 13 of the same Act, replaced by the Act of April 25, 2007, is supplemented by a paragraph 9 read as follows: "§ § 9 9"
By way of derogation from article 12, §§ 7 and 8, it is disregarded of the elements of remuneration provided for in article 8, § 1, paragraph 7, of the law of 21 July 1844 on Civil and ecclesiastical or pensions provided under paragraph 8 of the same provision, when the establishment of the maximum remuneration. "."
S. 12A section 14 of the same Act, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in paragraph 2, the words "paragraph 12" are replaced by the words "paragraph 11";
2 ° in paragraph 4, the words 'paragraphs 1 and 5 to 7' shall be replaced by the words 'paragraphs 1 and 4 to 6'.
S. 13 L ' article 16 of the same Act, replaced by the Act of April 25, 2007, is replaced by the following: "If, for a basket of equalization, the percentage is in article 12, § 9, exceeds 5 p.c., pensions increase resulting will be paid by successive annual tranches corresponding to a percentage of 5 p.c. up equalization."
By way of derogation from paragraph 1, the King may decide that the increase of pensions will be paid fully or in subsequent annual instalments corresponding to a percentage greater than 5 BW. "."
S. 14 A section 35, § 1, of the Act, as amended by the laws of the May 15, 1984, July 18, 1990, 21 May 1991, 3 February 2003 and 28 February 2007, the following changes are made: 1 ° paragraph 4 is replaced by the following: "for the purposes of first and second subparagraphs, the studies are supposed to: 1 ° be completed on 31 August of the calendar year during which the diploma has been obtained;"
2 ° having started on 1 September of the calendar year which the vintage is equal to the vintage of the calendar year referred to in 1 ° decrease of the minimum number of years fixed, as appropriate, in article 34, paragraph 1 or "2;
2 ° a paragraph 5 worded as follows is added: "By way of derogation from paragraph 4, the person concerned may provide evidence that the year calendar referred to 1 ° of this paragraph does not correspond with the year calendar in which lies the final year of studies.".
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15A article 4, § 1, of the Act of 16 June 1970 bonuses for graduates on pensions of the members of education, as amended by the laws of the May 15, 1984, July 18, 1990, 21 May 1991 and February 3, 2003, the following changes are made: 1 ° paragraph 4 is replaced by the following: "for the purposes of paragraphs 1 and 2 , the studies are expected to: 1 ° be completed on 31 August of the calendar year during which the degree was obtained;
2 ° having started on 1 September of the calendar year which the vintage is equal to the vintage of the calendar year referred to in 1 ° decrease of the minimum number of years fixed, as appropriate, in article 2, § 1, paragraph 2, or § 3, paragraph "2;
2 ° a paragraph 5, worded as follows is added: "By way of derogation from paragraph 4, the person concerned may provide evidence that the year calendar referred to 1 ° of this paragraph does not correspond with the year calendar in which lies the final year of studies.".
S. 16. in article 2 of the law of January 10, 1974, regulating the admissibility of certain services and periods treated as active service for the granting and calculation of pensions to the public Treasury, the 3rd is replaced by the following: "3 ° has been placed, even without receiving any compensation, in an administrative situation which is deemed to be service under its status as legal or regulatory activity (, excluding the time during which the person: has) has been on leave for reduced benefits for reasons of personal convenience.
(b) has been on leave in accordance with article 6, § 1, of the royal decree of September 20, 2012, various provisions on the week of four days and work part-time from 50 or 55 years in the public sector, to accomplish without premium additional four fifths of a normal benefit. "."
S. 17. in article 5 of the same Act, paragraph 3 is replaced by the following: "treatments mentioned in this article are those resulting from the application of article 11, § 1, paragraph 1, of the Act of July 9, 1969 amending and supplementing legislation relating to pensions and public sector agents survival.".
S. 18. in article 44ter, § 5, sentences 1 and 2, of the Act of August 5, 1978, of economic and budgetary reforms, as last amended by the Act of February 3, 2003, the words "or the date on which the judgment or the judgment which pronounces the divorce has acquired force of res judicata" are each time replaced by the words "or the date of the transcript on the records of civil judgment or the judgment pronouncing the divorce".

S. 19. in article 2, § 1, of the royal decree No. 206, 29 August 1983 adjusting the calculation of the pension of the public sector for incomplete benefits services, paragraph 3 is replaced by the following: "(Pour la détermination dele de rapport visé àle b) (paragraph first, it is not taken into account reductions of time arising: has) of leave or absence for reduced benefits for reason of personal convenience;"
(b) of the performance without additional premium for benefits to four-fifths the normal time in application of article 6, § 1, of the royal decree of the 20 September 2012 with various provisions on the week of four days and work part time from the age of 50 or 55 in the public sector. "."
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20. article 7 of the Act of 15 May 1984 on harmonisation measures in pension is supplemented by a paragraph as follows: "by duration of marriage, means the period that begins on the day of the wedding and ends the day before the day of the transcript of the judgment or the judgment pronouncing the divorce.".
S. 21A article 21, § 1, of the same law, replaced by the royal decree of 16 July 1998, the following changes are made: 1 ° paragraph 5 is replaced by two paragraphs worded as follows: "the King may determine other cases in which an application for survivor's pension should not be introduced.
In the cases referred to in paragraphs 1 to 5, it is held ex officio on the pension rights of survival of the copyright. ";
2 ° paragraph 3 is replaced by the following: "§ § 3 3" The King determines the conditions to be satisfied by a valid claim.
Without prejudice to the application of articles 139 to 163 of the Act, December 29, 2010 various (I) provisions, the King determines the parts, documents, or electronic certificates that must be produced to justify the rights to a survivor's pension. "."
S. 22. in article 46, § 1, of the same law, replaced by the law of 28 December 2011, paragraph 2, 1 °, is supplemented by the words "and the calendar years for which a pension may be granted as a member of the European Parliament, of the federal Parliament or Parliament or Council of a community or a Region".
S. 23. in the new Municipal Act, codified by the royal decree of 24 June 1988 and ratified by the Act of May 26, 1989, it is inserted an article 157bis, worded as follows: "article 157bis. the provisions of articles 156 and 157 shall also apply to members of the staff with the quality of trainee and their successors, with regard to the training periods that are after December 31, 2012. "."
S. 24. in the Act of 20 July 1991 concerning social and various provisions, it is inserted an article 85B as follows: "article 85B. the amount of the pension which will be paid to the members of teaching staff of the Flemish Community Commission, assigned to the Elishout campus and transferred to September 1, 2013 to education of the Flemish community, may be less than the amount of the pension that they have obtained in accordance with the statutory and regulatory provisions which were applicable to August 31, 2013 , but taking into account the changes that these provisions would have suffered later under General measures applicable to the institution to which they belonged at the time of their transfer, in pursuance of article 92bis, § 4quater of the Special Act of 8 August 1980 of institutional reforms, the Flemish Community Commission Brabant province.
The additional expenditure arising from the guarantee referred to in paragraph 1 are Flemish Community Commission responsibility.
For the purposes of paragraph 1, by "campus Elishout", means the following institutions of the Flemish Community Commission: the Elishout of secondary school, the centre Elishout of adult education and the boarding school Elishout.
The guarantee referred to in paragraph 1 shall expire if the staff member leaves the teaching of Flemish after September 1, 2013 and provides after this date of the services for which a pension is granted in one of pensions referred to in article 1 of the law of 14 April 1965 establishing certain relationships between the various public sector pension schemes.
S. 25A article 10, paragraph 2, of Act of 30 March 2001 on pensionable staff services police and their successors, as amended by the royal decree of December 5, 2002, the following changes

are made: 1 ° in 1 °, b, "the scale of treatment AA2, AA3 or A2A" shall be replaced by the words "class A1 or A2";
2 ° in 2 °, e, the words "the scale of treatment AA4 AA5, A3A or A4A" are replaced by the words "class A3";
3 ° in 3 °, (b), the words "the scale of treatment A5A" are replaced by the words "class A4".
S. 26. in article 5a, paragraph 1, of the Act of 25 February 2003 on the establishment of the function of security officer for the execution of the tasks of police courts and tribunals and transfer of detainees, inserted by the law of July 20, 2006, the words "the military transferred which" shall be replaced by the words "" the military transferred pursuant to article 4 that "."
S. 27. in the law of 12 January 2006 establishing the "public sector pension Service", there shall be inserted an article 5/1 as follows: "article 5/1. The SdPSP may delegate to another institution for tasks related to the perception and the recovery of revenue referred to in article 5.
If the tasks related to the perception and the recovery of these recipes are delegated to another institution, the contributions referred to in article 5 (2), are, as regards to the perception and the recovery, excluding prescription and litigation, assimilated to the contributions referred to in article 5, 1 °, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
The King determines the duration and modalities of that delegation. "."
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28 A article 6, 1 °, b), of the Act, the following amendments are made: 1 ° the second indent is replaced by the following: "(-à charge dele de fonds de pension solidarisé de l'ONSSAPL visé à l'article 3, 5) of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed to definitive title of provincial and local administrations and local police areas and amending the Act of 6 May 2002 on" creation of the Fund the pensions of the police integrated and specific provisions for social security and containing various amending provisions; ";
2 ° the third indent is replaced by the following: "-." in charge of the federal police pension fund; "."
S. 29. in article 152, § 2, of the law of December 29, 2010 provisions various (I), the words 'The SdPSP sends' are replaced by the words 'the institution of the concerned public sector pension sends'.
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30. in article 155, paragraph 2, of the Act, 'public sector pension institutions' shall be replaced by the words "the SdPSP".
S. 31. in Title 13, chapter, of the same Act, it is inserted a section 7/1 entitled 'Secondary network'.
S. 32. in section 7/1 of the Act, inserted by article 31 article be inserted a 162/2 as follows: "article
162/2. The SdPSP holds for the needs of the other institutions of the public sector pension a particular directory of people referred to in article 6, § 1, paragraph 2, 2 °, of the law of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security and as a result is an institution managing a secondary network within the meaning of article 1 , 6 °, of the royal decree of 4 February 1997 organising the communication of personal social data between social security institutions. "."
S. 33. in the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the Act of 6 May 2002 on the establishment of the Fund the pensions of the police integrated and specific social security provisions and containing various amending provisions , it is inserted an article 20/1, as follows: "article 20/1. In the case of services made successively to several employers affiliated to the pension fund made by the ONSSAPL, each of these employers held accountable on the charge of part of the pension which refers to the length of qualifying periods made at home and services.
When for the fixing of the amount of the pension, he was application of the reduction of time laid down in article 2 of the royal decree No. 206 dated 29 August 1983 adjusting the calculation of the pension of the public sector for incomplete benefits, the duration of services services and qualifying periods referred to in paragraph 1 is established in accordance with the provisions of article 2 of this order. "."
S. 34. in the Act, it is inserted a section 20/2 as follows: "article 20/2. The allocation provided for in article 20/1 applies to all pensions and survival, as well as holiday bonuses y attached, in charge of the pension fund made the ONSSAPL who take courses from January 1, 2012, as well as, whenever practicable, to December 31, 2011 current pensions.
For the purposes of paragraph 1 it is physically possible to perform the distribution referred to in article 20/1 when the SdPSP or provident institution which manages the pension available in electronic form of the career data needed for this distribution. "."
S. 35. article 89 of the law of 28 December 2011 on various provisions repealed by the law of December 13, 2012, is restored in the following wording: "art. 89. by way of derogation from article 88, paragraph 1 for members of the standing Caucus of the provincial Council, the provincial college and the deputation of the provincial Council, it is applied to the following: for the valid mandate acquired until October 14, 2012, including the allowance might be granted exit period that derives from the mandate validated until October 14, 2012 the retirement pension will be able to take courses from the age of 55.
For the valid mandate acquired from October 15, 2012, this retirement pension may take courses from the age of 62.
For members who in October 14, 2012 have already reached the age of 55 years or total 20-year valid term, the age of Superannuation update remained set at 55 years. "."
S. 36. in article 96 of the programme act of June 28, 2013 "article 78" shall be replaced by the words 'article 59'.
S. 37. in article 106 of the same programme Act, the words "1,8652 euros from the 60th months" are replaced by the words "1,8652 euros from the 61st month".
CHAPTER 3. -Provisions autonomous Section 1st. -The pension rights of members of staff at Belgocontrol used in specific projects in a Belgian public service in pursuance of article 475 of the programme act of 22 December 2003 or article 29 bis of the Act of 21 March 1991 on reform of some economic public companies art. 38. for the purposes of this section, there is place to hear by: 1 ° "the staff member named": the Belgocontrol staff appointed by statute to definitive title that is used on a basis into a public service Belgian article 475 of the programme act of 22 December 2003 implementing or who has enjoyed external mobility in pursuance of article 29 bis of the Act of 21 March 1991 on reform of some companies public economic;
2 ° "Belgian public service": Belgian public service with which the appointed member of the staff of Belgocontrol is used in execution of article 475 of the programme act of 22 December 2003 or in pursuance of article 29 bis of the Act of 21 March 1991 on the reform of some economic public companies.
S.
39. If the staff member named Belgocontrol Gets an appointment outright with another Belgian public service, treatment of reference that serves as the basis for the calculation of the retirement pension cannot, notwithstanding any other provision legal, regulatory or contractual, be less than the benchmark treatment which would have been taken into account for the calculation of the retirement pension if the appointed staff member had continued his career in Belgocontrol.
S. 40. the increase in pension resulting from taking account of the benchmark treatment guaranteed provided for in the preceding article, shall be granted in the form of a pension supplement which is in charge of the Treasury. This add-in is not taken into account for the distribution of the single pension resulting from the application of the law of 14 April 1965 establishing certain relationships between the various public sector pension schemes.
S. 41. from the appointment outright by the staff member named Belgocontrol, with another Belgian public service and member of the employed staff, a total of 16.36% contribution is payable by Belgocontrol on the positive difference updated between two sets of fictional treatments: has) Firstly, the treatment and the other elements of the remuneration taken into account for the calculation of the retirement pension , to which the appointed staff member would have been entitled if he had continued his career from Belgocontrol from the moment of his final with the other public service appointment Belgian until the last day of the month in which the staff member used the age to which he is entitled to a pension in accordance with section 46 of the Act of 15 May 1984 laying down measures for harmonisation in pension;
(b) on the other hand, the treatment and the other elements of the remuneration taken into account for the calculation of the retirement pension, which are applicable, in this other Belgian public service, the staff member appointed from the moment

where he is appointed definitively with this public service Belgian, until the last day of the month in which the staff member used the age to which he is entitled to a pension in accordance with section 46 of the Act of 15 May 1984 on harmonisation measures in pension.
The King determines the terms and conditions of payment of the fee referred to in paragraph 1.
S.
42. the assessment referred to in article 41 is considered to be a regular social security contribution.
Section 2. -Other autonomous provisions art. 43 § 1.
The pension scheme provided for in article 20 of the Act of 22 March 1995 establishing federal mediators is applicable: 1 ° to the Ombudsman of the Walloon Region, appointed pursuant to the Decree of 22 December 1994 on the establishment of the institution of the Ombudsman of the Walloon Region, repealed by the Decree of March 31, 2011, approving the cooperation agreement of February 3, 2011 between the French community and the Walloon Region on the establishment of a mediation service to common the French community and the Walloon Region;
2 ° to the Flemish Ombudsman, appointed pursuant to the Decree of 7 July 1998 establishing the Flemish mediation service, amended by the decrees of June 23, 2006 and November 9, 2012.
3 ° to the Ombudsman and Deputy Ombudsman of the French community, appointed pursuant to the Decree of 20 June 2002 on the creation of the service of the French Community Ombudsman, repealed by the Decree of March 17, 2011, approving the cooperation agreement of February 3, 2011 between the French community and the Walloon Region on the establishment of a common to the French community and the Walloon Region mediation service;
4 ° to the Germanspeaking community mediator appointed pursuant to the Decree of May 26, 2009, establishing the office of Ombudsman for the German-speaking community;
5 ° to the mediator of the mediation service common to the parliaments of the Walloon Region and the French community, appointed pursuant to the cooperation agreement of February 3, 2011 between the French community and the Walloon Region on the establishment of a joint mediation service to the French community and the Walloon Region.
§ 2. Pensions in application of § 1 shall be borne by the public purse.
S. 44. the members of the staff of Federal mediators appointed definitively, benefit pension plan which applies to officials of the General administration. These pensions are borne by the public purse.
S. 45. as for the opening of the right to a pension of retirement or survival to the public Treasury for the calculation of pensions, the following services are supposed to have been made as an agent named permanently to the SPF finance, provided that they have been rendered by an employee of a Registrar of mortgages that will be integrated as a State within the Service agent federal public finance in accordance with section 2 of the Act December 11, 2006 relating to the status of employees of the Conservatives of mortgages: 1 ° the services rendered as a temporary employee of a Registrar of mortgages, with the exception of the trial period;
2 ° the services rendered as employee in course of a Registrar of mortgages;
3 ° the services rendered in employee admitted outright to a Registrar of mortgages.
S. 46. for the granting and calculation of the pension to the public Treasury, the inspector exercising the mandate of head of interfederal finance Inspection body is supposed to continue to exercise the function of Inspector of finance during his tenure and the treatment that he would have enjoyed if he had actually continued to perform this function. The difference between this and its treatment as a body is to regard the pension, considered as a supplement to treatment that does not fall into account for the establishment of the treatment of reference as a basis for the calculation of the pension.
By way of derogation to article 60 of the law of 15 May 1984 on harmonisation measures in pension supplement treatment referred to in the first subparagraph is subject to mandatory withholding in article 60.
CHAPTER 4. -Provisions repealing art.
47. the following provisions are repealed: 1 ° paragraph 2 of article 3 of the law of 14 April 1965 establishing certain relationships between the various public sector pension schemes;
2 ° § 7, paragraph 3 of article 12 of the Act of July 9, 1969 amending and supplementing legislation relating to pensions and survival of the agents of the public sector;
3 ° § 4 of article 21 and article 63 of the Act of 15 May 1984 laying down measures for harmonisation in pension;
4 ° section IV of Chapter 1 of title II of the law of 12 August 2000 establishing provisions social, budgetary and diverse;
5 ° article 83 of the law of February 3, 2003 various amendments to legislation on pensions of the public sector.
Chapter 5. -Status and relief areas Section 1st staff pension plan. -Scope and definitions article 48 § 1. For the purposes of this chapter, shall mean: 1 ° "the law of 15 May 2007": the Civil Security Act of 15 May 2007;
2 ° "emergency area": the legal person referred to in article 14 of the law of 15 May 2007;
3 ° 'operational staff member': Member of professional operational staff in the area of aid referred to in article 103 of the Act of 15 May 2007;
4 ° 'staff member': Member of the administrative staff in the area of aid referred to in article 105 of the law of 15 May 2007;
5 ° "Board": the Council of area aid referred to in article 24 of the Act of 15 May 2007;
6 ° "the college": college of the relief zone referred to in article 55 of the law of 15 May 2007.
For the purposes of this chapter, the term 'common' aims also a 'intermunicipal fire services".
§ 2. This chapter shall not apply to the staff of the Department of fire and emergency medical assistance in the Region of Brussels - capital.
Section 2. -The operational staff s. pension plan 49. This section applies only to the members of the operational staff.
S. 50. subject to the provisions of this chapter, the members of operational staff with an appointment outright or an appointment is assimilated by or under the law, benefit from the system of retirement pension which is applicable to officials of the General Administration of the State.
For the purposes of paragraph 1, the mandate of the Commander of zone referred to in article 109 of the law of 15 May 2007 is likened to a final appointment.
The beneficiaries of the operational staff members referred to in paragraph 1 receive survivor's pension plan which is applicable to dependants of officials of the General Administration of the State.
S. 51. for the liquidation of the pension each year past on active service as a professional firefighter referred to in article 103, paragraph 1, 1 ° of the law who participates directly in the fight against fire is taken into account at the rate of 1/50th of the treatment of reference referred to in article 8, § 1, paragraph 2 of the Act of 21 July 1844 on Civil and ecclesiastical pensions.
By way of derogation from paragraph 1 the period of leave prior to the pension is taken into account at the rate of the tantième 1/60th per year of service.
Section 3. -Administrative staff s. pension plan 52. This section applies only to the members of the administrative staff.
S.
53. the members of administrative staff with an appointment outright or an appointment is assimilated by or under the law benefit from the system of retirement pension which is applicable to officials of the General Administration of the State.
Assigns of the staff members referred to in paragraph 1 of the benefit of the survivor's pension regime that is applicable to dependants of officials of the General Administration of the State.
Section 4. -Transitional provisions relating to the pension plan member of operational staff and the administrative staff members appointed to tire final s. 54. This section shall apply to operational staff members and administrative staff members appointed permanently.
S. 55. for the purposes of article 8, § 1, paragraphs 2 and 4, of the Act of 21 July 1844 on Civil and ecclesiastical pensions functions that members of staff were from the date to which they were subject to the provisions which lay down the status or the legal position of the members of the operational staff or members of the administrative staff appointed permanently , are regarded as totally distinct from the functions that have been carried out before this date.
S. 56 if the communal rules of pension in effect on the date of the transfer in the areas of relief provided for members of the fire service a pension plan more favourable than that provided for in this chapter, a pension supplement is given to staff members who belonged to the same date of the Fire Department of the concerned municipality. This supplement is equal to the difference between on the one hand, the rate that the pension would have achieved if the transfer to areas of relief had not occurred, and secondly, the rate of the pension calculated in accordance with the rules established by this Act.

The supplement referred to in paragraph 1 is an integral part of the nominal rate of superannuation. However, it is not account for the purposes of article 13 of the law of 14 April 1965 establishing certain relationships between the various public sector pension schemes online.
Granted under this section is in charge of the municipality in which the staff member was employed prior to his transfer to areas of rescue.
S. 57. the staff member who, on the date that the category of personnel to which he belonged last enters the emergency area, enjoys a temporary pension on grounds of physical unfitness which, after this date, is transformed into final pension, is, for the purposes of this Act, deemed to have definitively pensioner at the date of his temporary pension courses.
Section 5. -Amending provisions on pensions s.
58 A in article 1 of the Act of July 9, 1969 amending and supplementing legislation relating to retirement and survival of the agents of public sector pensions, replaced by the Act of April 25, 2007, the following changes: 1 ° in the first paragraph, the 5 ° is replaced as follows: "5 ° of the Pension Fund made ONSSAPL.";
2 ° in the first paragraph, the 6 ° shall be deleted;
3 ° to paragraph 2, the words "in the scheme of the new affiliates to the ONSSAPL" are replaced by the words "the attached ONSSAPL pension fund
S. 59 A section 12 of the Act on July 9, 1969, replaced by the Act of April 25, 2007, the following changes are made: 1 ° § 3 is supplemented by the 16 °, as follows: "16 °: relief areas referred to in article 14 of the Civil Security Act of 15 May 2007";
2 ° in § 4, first paragraph, the second sentence is replaced by the following: "It is only considered retirement pension referred to in article 1 which are managed by the SdPSP or who are dependants of the attached ONSSAPL pension fund";
3 ° to § 5, first paragraph, the 3rd is replaced by the following: "3 °: two pensions for the sectors referred to in § 3, 2 °, 5 °, 6 °, 9 °, 10 °, 11 ° and 16 °;".
S. 60. in article 13 of the same Act, replaced by the Act of April 25, 2007, inserted a paragraph 4/1, as follows: "§ 4/1. The provisions of § § 2 to 2 a 4 4 shall apply mutatis mutandis to the staff concerned by the transfer to a relief area referred to in article 2, § 1, 2 °. ".
S. 61. in article 1, 2 °, i), order royal n ° 442 of August 14, 1986 regarding the effect of certain administrative positions on pensions of officials of the public services, the words "pension fund" support of the ONSSAPL are replaced by the words "areas of relief."
Section 6. -Funding of pensions s. 62. article 5, § 2, of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the Act of 6 May 2002 on the establishment of the Fund the pensions of the police integrated and specific social security provisions and containing various amending provisions , is supplemented by the following paragraphs: "the relief areas referred to article 14 of the Act of 15 May 2007 civil security and their staff members are full and irrevocably affiliated with the pension fund made the ONSSAPL from 1 January 2015.
The affiliation of office under paragraph 2 concerns all members of the personnel referred to in article 48, § 1, 3 ° and 4 ° of the law of 5 may 2014 regarding various matters relating to the pensions of the public sector who are appointed permanently or are assimilated or are interns. "."
S. 63. A section 10 of the Act of October 24, 2011, the following changes are made: 1 ° in 1), the words ", § 2 or § 5" shall be inserted between the words "(article 5, § 1er, 1) to 7)" and the words "are, from the date of affiliation".
2 ° in 2), the words ", § 2 or § 5" shall be inserted between the words "(article 5, § 1er, 1) to 7)" and the words "are, from the date of affiliation".
S. 64. in Act of 24 October 2011 supra, article 18, which the current text will form the § 1 is added to § 2 worded as follows: "§ § 2 2" For relief areas referred to in article 14 of the Civil Security Act of 15 May 2007, the premium rate basic pension payable to pension support the ONSSAPL Fund is fixed as follows:-2015: 41%;
-2016: 41.5%. "."
S.
65. it is inserted into the Act an article 21/1 as follows: "article 21/1. For the calculation of the accountability due for the year 2015 and thereafter by a municipality or an intermunicipal from which staff appointed permanently fire services has been transferred to an area of relief under articles 203 and 205 of the law of 15 May 2007 on civil security, the municipality or the intercommunal is deemed be remained the employer of the staff transferred to the emergency area. It is supposed to have paid the compensation of such personnel as well as the basic pension contributions at the rate provided for in article 18 § 2.
1st paragraph shall cease to apply from the retirement of the last staff member named definitively transferred to the area in question. "."
S. 66. it is inserted into the Act a section 21/2 as follows: "article 21/2. The amount of additional employer contributions due as individual accountability is divided between the municipalities of the area in accordance with the provisions of article 68, §§ 2 and 3 of the Act of 15 May 2007 on civil safety. "."
S.
67. article 29 of the same Act is supplemented by a paragraph 3 as follows: "§ § 3 3" The management of the retirement pensions of former members of the operational staff and former members of the administrative staff of fire departments current to December 31, 2014, as well as survivor's pensions granted before this date to the rights holders of those people who was insured by the SdPSP remains entrusted to this service.
The management of the retirement pensions of former members of the operational staff and former members of the administrative staff of the fire service in progress at December 31, 2014, as well as the survivor's pensions granted before this date to the rights holders of those people who was assured by a provident institution remains entrusted to this institution. "."
S.
68 § 1. For the year 2015, a subsidy to the public Treasury is given to areas of relief affiliated to the pension fund made the ONSSAPL for staff areas of relief that has been transferred to a municipality referred to in article 18, § 1, 1), of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the Act of May 6, 2002 on the establishment of the Fund the pensions of the police integrated and specific provisions on social security and containing various amending provisions.

§ 2. This grant covers the burden resulting from the difference between the premium rate basic pension payable by the area pursuant to article 18, paragraph 2, of the law of October 24, 2011 and the contribution rate basic pension which would have been paid for such personnel by the 2015 municipality pursuant to articles 18 (, § 1, 1) and 22 of the law of October 24, 2011.
This difference is applied on the payroll as a basis to the basic pension assessment which is populated by the national Office of social security for provincial and local governments.
§ 3. The grant referred to the § 1 is attributed to the national social security agency provincial and local governments on behalf of relief areas.
UNRWA deducted these grants of the total pension contributions owed by each area of relief.
The financing of targeted subsidies in the § 1 is done by a levy on the proceeds of VAT revenues
The amount of subsidy is paid on 31 December of the calendar year before for the budgetary year to which it relates on the basis of an estimate of the total payroll.
At the end of the calendar year concerned, a final statement is carried out.
Section 7. -Other amending provisions art.
69. article 32 of the General Act on family allowances, is complemented by a point 13 °, as follows: '13 ° relief areas covered in the Civil Security Act of 15 May 2007'.
CHAPTER 6. -Entry into force art. 70. this Act comes into force the first day of the second month following that of its publication in the Moniteur belge.
By way of derogation from paragraph 1: 1 ° article 3 is effective January 1, 2002, with the exception of 3 °, has), a1), which produces its effects on 31 July 2006, of 3 °, has), a2), which takes effect June 4, 2007, of 4 ° and 5 °, which shall take effect on August 1, 2008, of 6 °, 7 °, 9 ° to 12 ° and 15 °-23 ° (, which take effect June 1, 2006, of 8 °, which takes effect January 1, 2010 and 3 °, d), which enters into force the first day of the second month following that of the publication in the Moniteur belge of this Act;
2 ° the articles 9 and 46 shall take effect January 1, 2003;
3 ° Ies articles 8, 25 and 47, 1 °, shall take effect on 1 January 2007;
4 ° section 44 has effect on February 1, 2010;
5 ° article 4 takes effect January 1, 2011;

6 ° articles 43 and 47, 4 ° and 5 ° produce their effects on September 1, 2012;
7 ° the articles 22, 23 and 36 shall take effect January 1, 2013;
8 ° article 37 has effect 1 January 2014;
9 ° the articles 14 and 15 come into force the first day of the fourteenth month following that of the publication of this Act in the Moniteur belge;
10 ° the provisions of section 45 apply only to the retirement and survival pensions who take courses from May 1, 2014;
11 ° sections 48 to 69 come into force on January 1, 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Minister of Pensions, A. DE CROO sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives: (www.lachambre.be) Documents: complete record 53-3434: 22 April 2014 Senate (www.senate.be): Documents: 5-2861 project not mentioned by the Senate