An Act To Amend Various Provisions Of The Pension Plan For Employees In Light Of The Principle Of The Unity Of Career

Original Language Title: Loi modifiant diverses dispositions relatives au régime de pension des travailleurs salariés compte tenu du principe de l'unité de carrière

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022175&caller=list&article_lang=F&row_id=700&numero=776&pub_date=2014-05-07&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-07 Numac: 2014022175 FEDERAL social security PUBLIC SERVICE April 19, 2014. -Act to amend various provisions relating to the pension plan for employees in light of the principle of the unity of career PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to royal decree No. 50 of 24 October 1967 on retirement and survival of s. employees pension
2. article 10bis of the royal decree No 50 of 24 October 1967 on retirement and survival of salaried workers pension, inserted by order royal No. 205 dated August 29, 1983, is replaced by the following: 'article 10bis. § 1. When the employee is entitled to a retirement pension under this order and to a retirement pension or benefit taking place under one or more other plans and the total number of days taken into account in all of these regimes exceed 14 040 days full-time equivalents, professional career which is taken into consideration for the calculation of the retirement of employee pension is reduced by as much of days full-time equivalents it is necessary to reduce total said to 14 040.
A similar reduction is applied when a surviving spouse of an employed person is entitled to a survivor's pension or an allowance of transition under this order and a survival or a transition allowance pension or benefit taking place under one or more other schemes and the total number of days equivalent full time taken into account across these regimes exceed the number obtained by multiplying 312 days equivalent full time by the denominator of the fraction referred to article 7, § 1, paragraph 3, of the royal decree of 23 December 1996 for the pension of survival either article 7bis, § 1, paragraph 2, of the arrested for the transition allowance.
For the purposes of this article it is to be understood by "other scheme": 1 ° any other Belgian scheme for pensions for retirement and survival, excluding that of the self-employed;
2 ° any other similar regime of a foreign country, other than schemes falling within the scope of regulations Europeans or bilateral agreements of social security providing for the aggregation of insurance periods recorded in the signatory countries and the granting of a national pension dependant from each of these countries, in proportion to the periods of insurance registered in each of them;
3 ° any regime that is applicable to the staff of an institution of public international law.
§ 2.
In the event of cumulation of a pension under this order with a pension under the royal decree No. 72 of 10 November 1967 on retirement and survival of the self-employed pension, the equivalent days full-time less advantageous are deducted for the purposes of this provision, regardless of the system in which these days has been made.
A similar reduction is applied when a surviving spouse of an employed person is entitled to a survivor's pension or an allocation of transition under this order and to a survivor's pension or allowance of transition under order royal No. 72 of 10 November 1967.

§ 3. The King determines: 1 ° in which case the reduction referred to in this article is not applied or is relaxed;
2 ° of how, in the event of cumulation of a pension in the regime of salaried workers with a pension of the same nature in another plan, the career is diminished;
3 ° of how, in the event of cumulation of a retirement pension, a pension of survival or a transition in the plan allowance for employed persons with a retirement pension, a survivor's pension or allowance of transition as a self-employed, professional career is diminished;
4 ° what there is to be understood by fraction;
5 ° what fractions of pensions under other regimes are not taken into account for the purposes of this section;
6 ° What is meant by pension complete another plan;
7 ° that means days there full-time equivalent in another plan and how the days equivalent full time are taken into account. "."
CHAPTER 3. -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 3. in article 5, § 1, 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, the following changes are made: 1 ° paragraph 3 is replaced by the following: "when the number of days equivalent full that career has" including days equivalent full time relating to the pension referred to in chapter 13 of the royal decree of 21 December 1967 on the general regulation for the retirement and survival of salaried workers pension plan, is greater than 14 040, the equivalent days full pensionable the most advantageous time are taken into account to the extent of those 14 040 days. When the pension is calculated based on one or several fractions with a denominator less than 45, the number of days equivalent full time on each denominator is multiplied by the ratio between 45 and this denominator. ";
2 ° it is supplemented by a paragraph worded as follows: "reduction of career affected by priority the equivalent days time full which open the right to the least advantageous pension."
However, the number of days to be deducted cannot exceed 1 560 days full time equivalents. These days are determined as follows: 1 ° the pension awarded for each calendar year is divided by the number of days equivalent full time taken into account for the year concerned in order to determine their pension contribution;
2 ° the number of days full-time equivalent to deduct and their corresponding pension contribution are eliminated from the calendar year whose pension intake per day is less advantageous.
3 ° when the number of days equivalent full time in the calendar year referred to in 2 ° is less number of days full-time equivalent to deduct the excess number of days full-time equivalent to deduct their pension contribution are eliminated from the calendar year whose pension intake is now less favourable;
4 ° is it uses to measure the calendar years whose pension intake becomes less advantageous as long as the number of days equivalent full-time to deduct from the career is not reached. "."
S.
4. in article 7, § 1, of the arrested, the following changes are made: 1 ° paragraph 4 is replaced by the following: "when the number of days equivalent time full that career has is greater than the number obtained by multiplying 312 days full-time by the denominator of the fraction, the equivalent days full pensionable the most advantageous time are taken into account" , to the extent of the result of this multiplication. When deceased spouse's pension is calculated based on one or several fractions with a denominator less than the denominator referred to in paragraph 3, the number of days equivalent full time on each denominator is multiplied by the ratio between the highest denominator and the lower denominator. ";
2 ° a paragraph worded as follows is inserted between paragraphs 4 and 5: "reduction of career affected by priority the equivalent days time full which open the right to the least advantageous pension." However, the number of days to be deducted cannot exceed the number obtained by multiplying by 104 one-third of the denominator of the fraction.
These days are determined as follows: 1 ° the pension awarded for each calendar year is divided by the number of days equivalent full time taken into account for the year concerned in order to determine their pension contribution;
2 ° the number of days full-time equivalent to deduct and their corresponding pension contribution are eliminated from the calendar year whose pension intake per day is less advantageous.
3 ° when the number of days equivalent full time in the calendar year referred to in 2 ° is less number of days full-time equivalent to deduct the excess number of days full-time equivalent to deduct their pension contribution are eliminated from the calendar year whose pension intake is now less favourable;
4 ° is it uses to measure the calendar years whose pension intake becomes less advantageous as long as the number of days equivalent full-time to deduct from the career is not reached. "."
CHAPTER 4. -Modification of the Act of 11 May 2003 amending various provisions relating to superannuation of salaried workers and the self-employed account in light of the principle of the unity of career s.
5. article 2 of the law of May 11, 2003 amending various provisions relating to the pension for employees and independent in light of the principle of the unity of career is repealed.

CHAPTER 5. -Provisions finals s. 6. the provisions of this Act are applicable to pensions that take courses effectively and for the first time not earlier than January 1, 2015.
S. 7 this Act comes into force January 1, 2015, with the exception of article 2, with regard to paragraphs 2 and 3, 3 ° of article 10bis, which come into force on a day to be fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 19, 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 (1) Note: House of representatives: (www.lachambre.be) Documents: 53-3378 verbatim report: March 20, 2014.
Senate (www.senate.be): Documents: 5-2762 project not mentioned by the Senate: 27 March 2014.