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An Act To Amend Article 7 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 Pensions (1)

Original Language Title: Loi modifiant l'article 7 de l'arrêté royal du 23 décembre 1996 portant exécution des articles 15, 16 et 17 de la loi du 26 juillet 1996 portant modernisation de la sécurité sociale et assurant la viabilité des régimes légaux des pensions (1)

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belgiquelex.be - Carrefour Bank of Legislation

23 AVRIL 2013. - An Act to amend section 7 of the Royal Decree of 23 December 1996 implementing sections 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 7 of the Royal Decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the Royal Decree of 23 April 1997, the following amendments are made:
Paragraph 2 is replaced by the following:
“§2. When the spouse died after the date of taking the pension, the surviving pension is equal to 80% of the amount of the pension payable to the deceased spouse on the month of death, which was granted to the spouse in accordance with the Act of 20 July 1990, by virtue of Royal Decree No. 50 or by virtue of this Order and which, if applicable, is converted to the amount set out in Article 5, § 1erParagraph 1er, a), and without possibly applying the reduction for anticipation. »;
(2) Paragraph 3 is repealed;
3° in the former paragraph 4, becoming paragraph 3, the words "paragraphs 2 and 3" are replaced by the words "paragraph 2" and the phrase "The surviving spouse may exercise the rights that the deceased spouse may have claimed. is repealed;
Paragraph 5 becomes paragraph 4;
5° in the former paragraph 6, becoming paragraph 5, the words "in the preceding paragraphs" are replaced by the words "in § 1er »;
Paragraph 7 becomes paragraph 6.
Art. 3. Section 2 is applicable to survival pensions that actually take place and for the first time not earlier than 1er July 2013.
Art. 4. This Act comes into force on 1er July 2013.
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 23 April 2013.
ALBERT
By the King:
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Session 2012-2013.
House of Representatives:
Parliamentary documents. - Bill No. 53-2640-1. - Report, number 53-2640-2. - Text corrected by the commission, No. 53-2640-3. - Text adopted in plenary and transmitted to the Senate, No. 53-2640-4.
Full report: 14 March 2013.
Senate:
Parliamentary document. - Project not subverted by the Senate, No. 5-2010-1.