Act Amending The Pension Pension And Survivor's Pension And Establishing The Transition Allowance In The Employees Pension Scheme And On The Gradual Abolition Of Differences In Treatment Based On The

Original Language Title: Loi portant modification de la pension de retraite et de la pension de survie et instaurant l'allocation de transition dans le régime de pension des travailleurs salariés et portant suppression progressive des différences de traitement qui reposent sur la

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022177&caller=list&article_lang=F&row_id=700&numero=775&pub_date=2014-05-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-09 Numac: 2014022177 FEDERAL social security PUBLIC SERVICE 5 may 2014. -Law amending the pension pension and survivor's pension and establishing the transition allowance in the employees pension scheme and on the phasing out of differences in treatment based on the distinction between workers and employees on supplementary pensions PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: title 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Survivor's pension and allocation of transition Chapter 1. -Amendments to royal decree No. 50 of 24 October 1967 on retirement and survival of s. employees pension
2. in article 16, § 1, of the royal decree No 50 of 24 October 1967 on retirement and survival of salaried workers pension, amended by laws of the June 5, 1970, 15 May 1984 and 25 January 1999, the following changes are made: 1 ° in the paragraph 1, the sentence "the absent spouse is presumed deceased on the date on which the judicial declaration of absence is cast in res judicata." shall be replaced by the sentence "the absent spouse is presumed deceased on the date of the transcript in the registers of civil status of the declarative judicial decision of absence cast in res judicata.";
2 ° paragraph 2 is replaced by the following: "it takes however courses, at the earliest, the first day of the month following that during which the surviving spouse reaches the age of: 1 ° 45 years, when the death of spouse occurs no later than 31 December 2015;"
2 ° 45 years and 6 months, when the death of spouse occurs no earlier than 1 January 2016 and no later than December 31, 2016.
3 ° 46 years, when the death of spouse occurs no earlier than January 1, 2017 and no later than December 31, 2017.
4 ° 46 years and 6 months, when the death of spouse occurs no earlier than 1 January 2018 and no later than December 31, 2018.
5 ° 47 years, when the death of spouse occurs no earlier than January 1, 2019 and no later than December 31, 2019.
6 ° 47 years and 6 months, when the death of spouse occurs no earlier than 1 January 2020 and at the latest 31 December 2020;
7 ° 48 years, when the death of spouse occurs no earlier than 1 January 2021 and no later than December 31, 2021.
8 ° 48 years and 6 months, when the death of spouse occurs no earlier than January 1, 2022 and no later than December 31, 2022.
9 ° 49 years, when the death of spouse occurs no earlier than January 1, 2023 and no later than December 31, 2023.
10 ° 49 years and 6 months, when the death of spouse occurs no earlier than January 1, 2024 and no later than 31 December 2024.
11 ° 50 years, when the death of spouse occurs at the earliest on 1 January 2025 '. "
3 ° it is supplemented by a paragraph worded as follows: "By Decree deliberated in the Council of Ministers, the King can authorise, under conditions to be fixed, the surviving spouse who attained the age referred to in article 2 for the benefit of the provisions of Chapter 4 in the allocation of transition.".
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3. in article 17 of the same order as amended by laws of 5 June 1970 and may 15, 1984, the following changes are made: 1 ° in the 1st paragraph, a sentence worded as follows is inserted between the first and second sentences: "it is similarly the spouse who has been married less than a year with the deceased worker, with which prior, he was legally cohabiting when the continuous and cumulative duration of marriage and legal cohabitation reaches at least a year. ";
2 ° in the same paragraph, in the second sentence, which becomes the third sentence, the words 'a period of a year of marriage is not however required' shall be replaced by the words "the period of one year is however not required";
3 ° in the same paragraph, in the second sentence, which becomes the third sentence, the first indent is supplemented by the words "or legal cohabitation;";
4 ° article is supplemented by a paragraph worded as follows: "For the purposes of this article, means legal cohabitation, the situation of living together of two people who have made a declaration within the meaning of article 1476 of the civil Code.".
S. 4. article 19 of the same order, replaced by the law of May 15, 1984, is replaced by the following: 'article 19 § 1.
The enjoyment of the right to the survivor's pension is suspended when the surviving spouse remarries.

§ 2. The surviving spouse cannot claim the benefit of the present chapter is due to crimes committed against his spouse, unworthy to inherit pursuant to section 727, § 1, 1 ° and 3 °, of the civil Code. "."
S. 5. the title of Chapter 4 of the arrested, repealed by order No. 32 royal March 30, 1982, is restored in the following wording: "of the transition allowance".
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6. article 21 of the same order, replaced by order No. royal, 32 March 30, 1982 and amended by the law of May 15, 1984, and by order royal April 30, 1997, is replaced by the following: 'article
21 § 1. Subject to the provision of paragraph 2, and provided that transition allowance application is submitted within twelve months following the death of the spouse, the transition allowance begins the first day of the month in which the spouse has died, if he had not, to his death, a pension, and the first day of the month following that during which the spouse has died If he had already, in his death, a pension. In other cases, she takes courses no earlier than the first day of the month following the request. The declaration of absence in accordance with the provisions of the civil Code is proof of death. The absent spouse is presumed to be deceased at the time of transcription in the registers of civil status of the declarative judicial decision of absence cast in res judicata.
§ 2. The right to the allocation of transition is examined ex officio in cases to be determined by the King. It fixes for each of these cases the date of allocation of transition courses.
§ 3. The request for allocation of transition in the employees pension scheme is also worth request for allocation of transition in the pension for self-employed persons and the public sector pension plan. "."
S. 7. in Chapter 4 of the same order, it is inserted an article 21bis as follows: "article 21A. A transition allowance is granted to a surviving spouse, who, upon the death of his spouse, did not reach the age referred to in article 16, § 1, paragraph 2, provided that the surviving spouse was married for at least one year with the deceased worker. It is the spouse who has been married less than a year with the deceased worker, with which, previously, it was legally cohabiting when the continuous and cumulative duration of marriage and legal cohabitation reaches at least a year. The period of one year is however not required if one of the following conditions is met:-a child is born of the marriage or the legal cohabitation;
-at the time of death, a child is dependent for which the spouse was receiving family allowances;
-the death is due to an accident subsequent to the date of marriage or was caused by an occupational disease contracted in the exercise or on the occasion of the exercise of the profession, a mission entrusted by the Government of Belgium or Belgian technical assistance and provided benefits that worsening of the disease or the origin is later than the date of the marriage.
If a posthumous child is born within three hundred days of death, the transitional allowance takes course, provided that the application is submitted within 12 months of the birth, the first day of the month during which the husband has died, if he had not, to his death, a pension, and the first day of the month following that during which the husband died If he had already, in his death, a pension.
For the purposes of this article, means legal cohabitation, the situation of living together of two people who have made a declaration within the meaning of article 1476 of the civil Code. "."
S. 8. in Chapter 4 of the same order, it is inserted an article 21B as follows: "article 21B. § 1. The transition allowance is granted for a period of: 1 ° 12 months, if at the time of the death, no child is dependent for which the spouse was receiving family allowances;
2 ° 24 months, if at the time of death, a child is dependent for which the spouse was receiving family allowances or a posthumous child is born within three hundred days of death.
The King determines how proven the condition of the load of child for which the husband or the wife receives family allowances.

§ 2. The surviving spouse loses the enjoyment of the transition allowance when he remarried.

§ 3. The surviving spouse cannot claim the benefit of the present chapter is due to crimes committed against his spouse, unworthy to inherit pursuant to section 727, § 1, 1 ° and 3 °, of the civil Code. "."
S. 9. in Chapter 4 of the same order, it is inserted an article 21quater as follows: "article 21quater. A surviving spouse, who has benefited from the provisions of this chapter, is entitled to the provisions of Chapter 3 in the survivor's pension, when it reaches the legal age of the pension referred to in article 2, § 1, of the royal decree

December 23, 1996, or when it meets the conditions of age and career laid down in article 4 §§ 1 and 2, of the royal decree of December 23, 1996, or when it enjoys a pension on grounds of health or physical unfitness in the public sector, provided that it is not remarried at the date of course of the survivor's pension.
This survivor's pension shall commence: 1 ° the date of course of his Belgian retirement pension, when the surviving spouse justifies a Belgian personal professional career or a personal professional career in Belgium and abroad;
2 ° the date of course of his pension granted to a foreign pension plan expense when the surviving spouse justifies only a personal professional career abroad;
3 ° to the age of the pension referred to in article 2, § 1, of the royal decree of 23 December 1996, when the surviving spouse does not a personal professional career. "."
S. 10. in Chapter 4 of the same order, it is inserted an article 21quinquies as follows: "article 21quinquies. by Decree deliberated in the Council of Ministers, the conditions set by it, the King may extend the benefit of the transition allowance to cohabiting who are not United by a link of kinship, Alliance or adoption resulting in a prohibition of marriage laid down by the civil Code. "."
S. 11. article 25 of the same order, replaced by the law of 27 July 1971 and as amended by the royal decree of 21 January 2003, is supplemented by a paragraph worded as follows: "the transition allowance is payable even if the surviving spouse exercises a professional activity or if it is compensation for illness, disability or involuntary unemployment by application of a social security legislation Belgian or foreign, of an allowance because of career breaks, time credit or reduction of benefits or a pension on grounds of health or physical in the public sector inability, or if he has a pension of survival or advantage is taking place, based on the activity of the same deceased spouse through application of a Belgian or foreign social security legislation. "."
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12. in the same order, it is inserted an article 25 bis worded as follows: "article 25A. except in the cases and under the conditions determined by the King, the retirement pension, survivor's pension and the transition allowance are payable to that if it is established that the recipient is still alive and, in the case of a retirement pension calculated at the rate of 75% of notional gross remuneration, actual and lump sum, that it is established that the spouse of the beneficiary is also still alive. "."
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13. in article 29 bis, § 2, paragraph 1, of the same arrested, inserted by the Act of February 27, 1976 and amended by royal decree No. 16 of November 29, 1978, the words "transitional allowance," are inserted between the words "of the retirement and survival pensions", and the words "supplementary pension".
CHAPTER 2. -Modifications of the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension Art. schemes 14. in title 1, Chapter 3, of the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, it is inserted a 3 section entitled "Transitional allowance".
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15. in section 3, inserted by article 14, it is inserted an article 7bis as follows: "article
7bis. § 1. For each calendar year occupation proved in the head of the deceased worker, up to and including the year of his death if he had not a retirement pension at the time of his death or the course of the pension year if he had already, on his death, to a retirement pension, the right to the allocation of transition is acquired at a fraction of the actual gross earnings total fictional and lump-sum of the deceased worker referred to in articles 7, 8 and 9A of the royal decree No 50, adapted in accordance with article 29 bis, § 1 of the royal decree No. 50 and perceived by the worker until the last day of the month preceding his death either the month of course of his pension. This right to transitional allowance is calculated at the rate provided for in article 5, § 1, paragraph 1, b), of this order.
The given fraction has unity for numerator and denominator the number of calendar years included in the period with courses from 1 January of the year of the twentieth anniversary of the deceased worker and ending on 31 December of the year preceding death, if he had not yet, at his death, to a retirement pension is taking courses of his pension if he had already , on his death, to a retirement pension.
When the number of days equivalent full time that includes the career of the deceased worker is greater than the number obtained by multiplying the denominator of the fraction by 312 days full-time equivalent days full-time giving entitlement to the most advantageous benefit per calendar year, are taken into account to the extent of the result of this multiplication. The elimination of excess days is carried out in accordance with article 7, § 1, paragraph 5.
When the spouse died before the 1st day of the month following its twentieth anniversary and was occupied within the meaning of the royal decree No. 50 at the time of his death, the amount of the transitional allowance is equal to 60%: 1 ° of the amount of the remuneration of the deceased spouse referred to in article 7 of the royal decree No. 50 and for the most advantageous of the calendar years;
2 ° of the lump sum of 17.026,70 EUR if the mode of calculation in the 1 ° cannot be applied or is less favourable.
The provisions of paragraph 4 shall not apply when the surviving spouse receives a pension of survival or benefit taking place by application of a Belgian or foreign social security legislation.
17.026,70 EUR referred to in paragraph 4, 2 °, is linked to the index-pivot 103.14 (base 1996 = 100) and evolves in accordance with the provisions of the law of 2 August 1971 organizing a system of binding to the price index for the consumption of salaries, wages, pensions, allowances and subsidies to the public Treasury of certain social benefits, limits compensation to take into account for the calculation of certain contributions of social security for workers , as well as obligations in social matters to the self-employed.
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2. By way of derogation from paragraph 1, paragraph 1, if the annual earnings for a year of career of the deceased worker, re-evaluated at the date of the allocation of transition courses is less than 17.026,70 EUR (base 1996 = 100) per year, the transition allowance is calculated on the basis of the amount for the year under review. This amount of 17.026,70 EUR is set in proportion to proven tenure expressed in days full time equivalents.
1 paragraph is not applicable to the transition allowance based on benefits referred to in article 3ter, as in force before its repeal by the royal decree of 9 July 1997 and article 7 of the royal decree of 21 December 1967 on the general regulation for the retirement and survival of salaried workers pension plan.
The amount referred to in paragraph 1 is linked to the index-pivot 103.14 (base 1996 = 100) and evolves in accordance with the provisions of the law of 2 August 1971 organizing a system of binding to the index of prices to the consumption of the salaries, wages, pensions, allowances and subsidies to the public Treasury of certain social benefits, compensation limits to be taken into account for the calculation of certain contributions of social security of workers , as well as obligations in social matters to the self-employed.
The King may, by Decree deliberated in the Council of Ministers, increase the amount set out in paragraph 1.

§ 3. Article 7, § 1, paragraphs 7 and 8 and § 5 shall apply to the allocation of transition.
§ 4. Are not applicable to the allocation of transition: 1 ° article 153 of the Act of 8 August 1980 budget proposals 1979-1980;
2 ° articles 34 and 34a of the social pension Act of recovery of February 10, 1981;
3 ° article 8 "."
CHAPTER 3. -Amendment of the law of 30 March 1994 on the social provisions art. 16. in article 68, § 1, has), the law of 30 March 1994 on social provisions, replaced by the royal decree of 16 December 1996, the words "or transition allowances" shall be inserted between the words "or any other benefit in lieu of such pension" and the words "charge of a Belgian pension scheme.".
CHAPTER 4. -Amendment of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, s. 17A article 191, paragraph 1, 7 °, paragraph 1, insurance compulsory health care and allowances, coordinated Act on July 14, 1994, replaced by the Act of March 13, 2013, the words "or transition allowances," shall be inserted between the words "or on any other benefit in lieu of such pension," and the words "a Belgian pension plan expense ,".
CHAPTER 5. -Modification of Code judiciary art. 18. in article

1410, § 1, 2 °, of the Judicial Code, amended by the acts of May 12, 1971 and March 23, 2000, "transition allowances", is inserted between words "adaptation benefits", and the words "annuities,".
CHAPTER 6. -Provisions finals s. 19. the provisions of this title apply to surviving spouses whose husband or wife died no earlier than January 1, 2015.
S. 20. this title comes into force January 1, 2015, with the exception of article 3, which takes effect on January 1, 2000.
TITLE III. -Phasing out of differences in treatment based on the distinction between workers and employees in the field of supplementary pensions Chapter 1. -Modification of the Decree-Law of February 7, 1945 concerning the social security of the sailors in the Navy market art.
21. article 10 of the Decree-Law of February 7, 1945 concerning the social security of Merchant Navy sailors is supplemented by a paragraph as follows: "this article is not applicable to supplementary pensions such as referred to in article 3, § 1, 1 °, of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits."
CHAPTER 2. -Amendment of the law of 7 January 1958 concerning the Security Fund article 22. in the law of 7 January 1958 concerning the Security Fund, it is inserted an article 1/1 as follows: "article 1/1. When the Security Fund is to mission organizer within the meaning of article 3, § 1, 5 °, has), Act of 28 April 2003 on supplementary pensions and the tax system and some additional benefits in social security, for the purposes of this Act and its implementing orders, we hear, where appropriate , by the term "joint commission" the terms "JABs.".
CHAPTER 3. -Amendment of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers s. 23. article 45 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers is supplemented by a paragraph worded as follows: "this article is not applicable to supplementary pensions such as referred to in article 3, § 1, 1 °, of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits."
CHAPTER 4. -Amendments of Act of 28 April 2003 on supplementary pensions and the tax system and of certain additional benefits in social security art. 24. in article 3, § 1, of Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, amended by the law of 27 October 2006 and by the royal decree of March 3, 2011, the following changes are made: 1 ° 5 °, a), is replaced by the following : ' a) a corporation that meets the following cumulative conditions: 1. when working for several commissions or joint sub-committees, it has only the constitution of supplementary pensions; "
2. It comprises equal numbers and;
"3. it is designated via a collective labour agreement concluded within a Committee or joint Sub-Committee, established under Chapter III of the law of 5 December 1968 on collective labour agreements and joint committees, which establishes a pension plan;"
2 ° it is complemented by the 23 ° and 24 ° written as follows: "23 ° worker: a worker referred to in article 2 of the employment contracts Act of 3 July 1978;"
' 24 ° employee: the worker referred to in article 3 of the employment contracts Act of 3 July 1978. '
S. 25. in the same Act, it is inserted an article 7/1 as follows: "article 7/1. Without prejudice to the terms that must be included under other legal or regulatory provisions, the statutes of the Organizer referred to in article 3, § 1, 5 °, has), or the Act by which the organiser is established must at least mention: 1 ° the name and address of the seat of the Organizer;
2 ° If the organiser occurs for several joint committees or joint sub-committees, boards or joint subcommittees for which it takes place;
3 ° the object for which it is established;
4 ° individuals who can benefit from the supplementary pension that the Organizer is committed to establish, as well as the modalities for granting and liquidation thereof;
5 ° the categories of employers required the payment of contributions to the funding of the supplementary pension;
6 ° the amount or manner of fixation of these contributions and their mode of perception;
7 ° if there is solidarity between employers and the extent of this solidarity.
8 ° the mode of appointment and powers of members of the management authority;
9 ° the mode of decision-making of the management authority;
10 ° the form and time in which it is reported to the or to the joint committees or joint sub-committees by the management body of the Organizer, on the accomplishment of its mission;
11 ° the mode of dissolution, liquidation and allocation of the heritage of the organiser;
"12 ° if an organizer intervenes to several joint committees or joint sub-committees, the mode of allocation of the heritage of the Organizer, including when it intervenes more for one of these joint committees or joint subcommittees."
S. 26. in the Act, it is inserted a section 7/2 as follows: "article
7/2. The content of the statutes of the organizer or the Act which establishes it must be included in identical terms in all collective labour agreements which regulate the intervention of the organizer for several joint committees or joint subcommittees."
S. 27. in article 8, paragraph 2, of the Act, the words "and no later than one year after the date of its conclusion" are repealed.
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28. in the same Act, it is inserted an article 8/1 as follows: "article 8 / ' "1. the King may, on proposal of the Minister who had employment skills, mandatory collective work agreements within various joint committees and/or sub-committees joint by which these joint committees or joint subcommittees establish or designate the same organiser as well as collective work y related pertaining to the pension plan."
S. 29. at article 14, § 1, of the same law, replaced by the law of 10 May 2007, the following changes are made: 1 ° there shall be inserted a paragraph written as follows between paragraphs 1 and 2: "the difference in treatment between workers who are affiliated with various commitments of pension pursuant to articles 15 and 16 is not unlawful discrimination."
2 ° in article 3, which becomes paragraph 4, the number "2" is replaced by the number "3".
S. 30. in the same Act, it is inserted an article 14/1 as follows: "article 14/1. ' The difference of treatment which is based on the distinction between workers and employees does not form a discrimination referred to in article 14, § 1, paragraph 1, for the periods of work prior to 1 January 2015 '
S. 31. in the same Act, it is inserted an article 14/2 as follows: "article
14/2. § 1. The difference of treatment which is based on the distinction between workers and employees is for the workers and the employees who were in a comparable situation, discrimination within the meaning of article 14, § 1, paragraph 1, for the periods from January 1, 2025.
§ 2. By way of derogation from paragraph 1, a difference of treatment which is based on the distinction between workers and employees forms not discrimination within the meaning of article 14, § 1, paragraph 1, when the difference in treatment results for one or more workers have refused in accordance with article 16, paragraph 3, to participate in a pension plan amended or a new pension plan in which the difference of treatment which is based on the distinction between workers and employees is deleted as such.
§ 3. "By way of derogation from paragraph 1, a difference of treatment which is based on the distinction between workers and employees does not form a discrimination within the meaning of article 14, § 1, paragraph 1, when the difference in treatment are still under article 16, paragraph 3, in the pension plans taken over by the transferee in a conventional transfer or merger."
S. 32. in the same Act inserted an article 14/3 as follows: "article
14/3. § 1. The difference of treatment which is based on the distinction between workers and employees does not form a discrimination referred to in article 14, § 1, paragraph 1, for periods between 1 January 2015 and 1 January 2025 if it comes to a difference of treatment which has been introduced in a pension plan before January 1, 2015.
The difference in treatment referred to in paragraph 1 does not form a discrimination referred to in article 14, § 1, paragraph 1, for periods between 1 January 2015 and 1 January 2025 on condition that the employer fits within a drive to end no later than January 1, 2025, to differences in treatment taking into

account of what happens in this matter within the and/or commissions or of the or of the joint subcommittees whose jurisdiction it falls.
§ 2. Pension plans that are introduced for the first time from January 1, 2015, may not contain any differences of treatment which is based on the distinction between workers and employees.
By way of derogation from the preceding subparagraph, a pension plan introduced for the first time from January 1, 2015 may have a difference of treatment which is based on the distinction between workers and employees, provided that this difference in treatment is intended to remove a difference of treatment which is based on the distinction between workers and employees in a pension plan to January 1, 2015.
By way of derogation from paragraph 1, any pension plans taken over by the transferee in a conventional or a little (Fri) t merger transfer include a difference of treatment which is based on the distinction between workers and employees, if the difference in treatment exist in the systems of pension prior to January 1, 2015.

§ 3. Pensions in January 1, 2015 may introduce after that date a new difference of treatment which is based on the distinction between workers and employees.
By way of derogation from the preceding subparagraph, new differences in treatment based on the distinction between workers and employees may be lodged after 1 January 2015 in a pension plan existing at 1 January 2015, provided that they are intended to remove a difference of treatment which is based on the distinction between workers and employees in the pension plan to January 1, 2015."
S. 33. in the same Act, it is inserted an article 14/4 as follows: "article 14/4. § 1.
Joint committees or joint subcommittees which, apart from their exclusive competence to workers or employees, in accordance with the decrees relating to the establishment of these bodies, competent, are either explicitly residuary way, for the same category or to the same activities business, take the necessary measures to put an end to the differential treatment which is based on the distinction between workers and employees in light of the terms described below.
To this end, the joint commissions and/or the relevant joint subcommissions begin without delay of negotiations to conclude memoranda of understanding.
These protocols agreement specify how the joint committees or joint subcommittees must put an end to the differential treatment which is based on the distinction between workers and employees.
The conclusion of these protocols agreement must lead to the conclusion of one or more collective agreements deposited sectoral work (es) at the registry of the Directorate General Relations collective work of federal public Service employment, labour and social for January 1, 2023 at the latest and whose purpose is to end for January 1, 2025 at the latest the difference of treatment which is based on the distinction between workers and employees.
In both months of their conclusion, memoranda of understanding are deposited in the federal registry of the Directorate General the collective Relations of work of public Service employment, labour and social dialogue which shall forward it without delay to the secretariat of the national Council of labour.
The convention (s) Group (s) work (s) referred to in paragraph 4 may, under article 9, provide the possibility for the employer to organise itself execution of any or all of the pension scheme for all workers or any part thereof in a pension at the level of the company.
In accordance with article 14/3, § 2, paragraph 2, and § 3, paragraph 2, the convention (s) Group (s) work (s) referred to in paragraph 4 may be a difference of treatment which is based on the distinction between workers and employees at the level of the definition of the category of workers for which the possibility for the employer to organise itself the pension plan is authorized.
In accordance with article 14/3, § 2, paragraph 2, and § 3, paragraph 2, the organized pension plan at the level of the undertaking in accordance with article 9 can also itself have a difference of treatment which is based on the distinction between workers and employees.
§ 2. The joint committees or joint sub-committees referred to in paragraph 1, paragraph 1, transmit respectively for January 1, 2016 January 1, 2018, 1 January 2020 and 1 January 2022 a report to the national Council of labour in which they give an overview of the work that has been done to put an end to the differential treatment which is based on the distinction between workers and employees.
For respectively on July 1, 2016, 1 July 2018 and July 1, 2020, the national labour Council passes on the basis of the reports which have been transmitted to it pursuant to the preceding paragraph to the Minister who has Pensions in its skills and the Minister who has the skills employment an assessment on the progress at the sectoral level concerning the abolition of the difference of treatment which is based on the distinction between workers and employees. During this assessment, special attention is given to the cost of the removal of the difference in treatment.
For July 1, 2022, the national labour Council transmits to the Minister that Pensions in its skills and the Minister who has the job in his skills a further assessment where JABs are identified and/or joint subcommittees which have not filed a memorandum of understanding or, if they were filed, have not, since this deposit due to additional progress towards the removal of the difference of treatment which is based on the distinction between workers and employees.
§ 3. If for January 1, 2023, the boards and/or the joint sub-committees referred to in paragraph 1, 1st paragraph, have not filed to the federal registry of the Directorate General the collective Relations of work of public Service employment, labour and social dialogue one or several collective labour agreements that puts (tent) end for January 1, 2025 at the latest to the difference of treatment which is based on the distinction between workers and employees the King may, by Decree deliberated in the Council of Ministers after consultation with the national Council of labour, take measures to put an end to the differential treatment which is based on the distinction between workers and employees taking into account specificities of the joint commissions and/or relevant joint subcommissions.
"The King chooses the measures it takes pursuant to paragraph 1 among those defined in a decree deliberated in the Council of Ministers after consultation with the national Council of labour."
S. 34. article 16 of the Act, as amended by the law of October 27, 2006, is supplemented by a paragraph 3 as follows: "§ § 3 3" When a pension plan existing is before January 1, 2025 amended or replaced by a new pension plan to remove a difference of treatment which is based on the distinction between workers and employees, workers who were affiliated to the existing system may refuse to participate in the pension plan amended or the new pension plan, unless a collective labour convention makes compulsory affiliation to the pension plan as amended or to the new pension plan. Refusal to participate in the modified pension scheme or the new pension plan must be expressed no later than the entry into force respectively the establishment or modification of it.
Existing pension plan referred to in the preceding paragraph, means a pension plan which was already in force at 1 January 2015, and in which a difference of treatment which is based on the distinction between workers and employees is made.
The organiser is required to continue the commitment of pension to workers who refuse to participate in the modified pension plan or to the new regime of pension referred to in paragraph 1.
The possibility of acceding to the amended pension plan or the new regime of pension referred to in paragraph 1 is still available to workers referred to in paragraph 1 when the pension plan existing or modified pension scheme or the new regime of pension referred to in paragraph 1 are subsequently amended.
The workers referred to in paragraph 1 may also join any other pension plan or new pension plan that would be established by the Organizer.
The period during which workers referred to in the first subparagraph may join one of the pension schemes referred to in paragraph 4 or 5 is limited in time and is communicated to them in each specific case.
The organizer and, if the Organizer is a legal person referred to in article 3, § 1, 5 °, has), also the employer are exempt from all obligations resulting from the pension plans that were the subject of a refusal of valid membership to a worker who refuses to join a plan's pension in accordance with this paragraph.
At the latest for January 1, 2032, the Minister who has pension in skills will assess, after opinion of the national labour Council, the application of this paragraph to determine the consequences thereof on the removal of the difference of treatment which is based on the distinction between workers and employees."
S. 35. in the Act, it is inserted an article 63/1 as follows:

"Art. 63/1. (La condition visée à l'article 3, § 1er, 5°, a), 1, is not applicable to legal persons who at the date of entry into force of this article, involved in several joint committees or joint subcommittees. "
CHAPTER 5. -Disposition final art. 36. the adaptation of the statutes or the Act which establishes the organiser referred to in article 3, § 1, 5 ° a), of the law of 28 April 2003 on supplementary pensions and the tax system and of certain postretirement benefits in social security because article 25 as well as the adaptation of collective's work because of article 26 are carried out to 1 July 2017 at the latest.
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 the Minister of Social Affairs, Ms. L. ONKELINX. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Note: House of representatives: (www.lachambre.be) Documents: complete record 53-3399: 26 and 27 March 2014.
Senate (www.senate.be): Documents: 5-2804 project not mentioned by the Senate: April 3, 2014.