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Miscellaneous Provisions Act On Pensions

Original Language Title: Loi portant des dispositions diverses en matière de pensions

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belgiquelex.be - Carrefour Bank of Legislation

24 JUNE 2013. - Act on various pension provisions



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Early pension
Art. 2. Article 4, § 3ter, of the Royal Decree of 23 December 1996 enforcing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes, inserted by the Act of 20 July 2012, is supplemented by two paragraphs written as follows:
"By derogation from paragraph 3, 2°, the required career condition for pensions in January 2015 is set in accordance with paragraph 3, 1°.
By derogation from paragraph 3, 3°, the age and career conditions required for pensions taking place in January 2016 are set in accordance with paragraph 3, 2°. »
Art. 3. In section 108 of the Act of 28 December 2011 on various provisions, replaced by the Act of 20 July 2012, the second is replaced by the following:
"2° employee workers who, outside the framework of a conventional prepension,
(a) agreed with their employer, by 28 November 2011, an early departure agreement that expires at the earliest age of 60, provided that at that time these workers justify a career of at least 35 years within the meaning of Article 4, § 2, of the Royal Decree of 23 December 1996;
(b) resigned before 1er January 2010 and at the earliest at the age of 55, or have entered into common agreement with their employer, before that same date, an early departure agreement that expires at the age of 55, with a view to benefiting from the provisions of Article 61, § 1er, the Act of 28 April 2003 on supplementary pensions and the tax system of these and certain complementary benefits in the field of social security and provided that at the age of 60 at the latest these workers justify a career of at least 35 years within the meaning of Article 4, § 2, of the royal decree of 23 December 1996 referred to above;
(c) resigned before 1er January 2010 and after a 35-year career within the meaning of Article 4, § 2, paragraph 2, of the Royal Decree of 23 December 1996 referred to above, or have jointly concluded with their employer, before that same date, an early departure agreement after a 35-year career within the meaning of Article 4, § 2, paragraph 2, of the Royal Decree of 23 December 1996 referred to above, in order to benefit from the provisions of Article 61, § 1erthe Act of 28 April 2003 referred to above; "
Art. 4. The provisions of articles 2 and 3 shall apply to pensions that are actually taking place and for the first time not earlier than 1er January 2013.
Art. 5. This chapter produces its effects on 1er January 2013.
CHAPTER 3. - Salary ceiling
Art. 6. In Article 7 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, last amended by the Act of 23 December 2005, the following amendments are made:
1° paragraph 3 is supplemented by the following sentence:
"In the aforementioned total of actual, fictitious and lump-sum remuneration, it is not taken into account the fictitious remuneration that are limited to the wage referred to in Article 8, § 1erParagraph 1erof the Royal Decree of 23 December 1996. »;
2° Paragraph 5 is replaced by the following:
"The amount so determined is multiplied by a fraction having for numerator the number of days that has been taken into consideration for the calculation of the pension, with the exception of the days assimilated for which the wage is limited to the wage referred to in Article 8, § 1erof the Royal Decree of 23 December 1996, and for denominator number 312. "
Art. 7. Section 6 is applicable to pension benefits that actually take place and for the first time not earlier than 1er January 2013, for calendar years after December 31, 2011.
Art. 8. This chapter produces its effects on 1er January 2012.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 June 2013.
ALBERT
By the King:
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Doc 53 2823/(2012/2013):
001: Bill. - 002: Report. - 003: Text corrected by the commission.
See also:
Full report: 12-13 June 2013.