Law On Amendments Of The Royal Decree Of 30 January 1997 Concerning The Pension Scheme Of The Self-Employed Pursuant To Sections 15 And 27 Of The Law Of 26 July 1996 On The Modernization Of Social Security And Ensuring The Viabili

Original Language Title: Loi portant modifications de l'arrêté royal du 30 janvier 1997 relatif au régime de pension des travailleurs indépendants en application des articles 15 et 27 de la loi du 26 juillet 1996 portant modernisation de la sécurité sociale et assurant la viabili

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belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2012. - An Act to amend the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes and article 3, § 1er, 4° of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union and establishing a transitional measure relating to the reform of the early retirement pension of independent workers



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes and article 3, § 1er4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union
Art. 2. In Article 3 of the Royal Decree of 30 January 1997 on the pension plan of self-employed persons pursuant to Articles 15 and 27 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes and Article 3, § 1er, 4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, as amended by the Programme Laws of 8 June and 22 December 2008 and by the Law on Various Provisions (I) of 29 March 2012, the following amendments are made:
1° in § 2bis, paragraph 3, the words "in Article 16bis, §§ 1er and 2 are replaced by the words "in article 16bis, §§ 1st, 2 and 2bis";
2° in § 2bis, a paragraph written as follows is inserted between paragraphs 3 and 4:
"By derogation from paragraph 1er, the age requirement for pensionable pension beginning on 1er January 2016 is fixed in accordance with Article 16bis, § 1erParagraph 1st, 3rd";
3° in § 5, paragraph 2, the words "and article 16bis, § 1er are replaced by the words "and Article 16bis, §§ 1st and 2bis".
Art. 3. In article 16bis of the same royal decree, inserted by the law on various provisions (I) of 29 March 2012, a paragraph 2bis is inserted as follows:
“§ 2bis. By derogation from § 1erParagraph 1er, 2°, and in § 2, 2°, the age requirement for retirement pensions taking place on 1er January 2014 is fixed in accordance with § 1er, paragraph 1st, 1st, and the condition of career required in accordance with § 2, 1st.
By derogation from § 1er, paragraph 1st, 3rd, and article 3, paragraph 3, paragraph 2, of the age requirement for retirement pensions taking place on 1er January 2015 is set in accordance with § 1er, paragraph 1, 2°, and the condition of career required in accordance with § 2, 2°. »
CHAPTER 3. - Transitional provisions
Art. 4. By derogation from the age and career conditions provided for in Article 3, § 2bis, paragraph 1er and 2, § 3, paragraphs 1er and 2 and Article 16bis, §§ 1er and 2, of the same royal decree, the early retirement pension of the individual who was born before January 1, 1956 and who proves a career of at least 32 calendar years within the meaning of Article 3, § 3, paragraph 1er, of the same Royal Decree, no later than 31 December 2012, may take place from 1er January 2013, at the option and upon request, no earlier than 1er day of the month following its 62e birthday.
The possibility of an early retirement pension in accordance with paragraph 1er is subject in the head of the interested party to the condition of proving a career of at least 37 calendar years.
By calendar years within the meaning of paragraph 2, it is necessary to hear the years likely to open pension rights under one or more Belgian legal pension schemes within the meaning of Article 3, § 3, paragraph 3, of the same Royal Decree, or regimes that fall within the scope of European social security regulations or a social security agreement concluded by Belgium concerning pensions of wage workers or self-employed workers.
Art. 5. The King shall, by order deliberately in the Council of Ministers, take transitional measures with regard to the conditions for the granting of the early retirement pension for self-employed persons referred to in section 108 of the Act of 28 December 2011 with various provisions as well as for self-employed persons who have applied for early retirement pension before 28 November 2011.
CHAPTER 4. - Entry into force
Art. 6. This Act comes into force on 1er January 2013 and applies to pension benefits of self-employed workers who are actually taking place and for the first time not earlier than 1er January 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 21 December 2012.
ALBERT
By the King:
Minister of Independents,
Mrs. S. LARUELLE
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
____
Notes
(1) Session 2012-2013.
House of Representatives
Documents. - Bill 53-2418/1. - Amendments, 53-2418/2. - Report made on behalf of the commission,53-2418/3. - Text adopted by the Commission, 53-2418/4. - Amendments in plenary meeting, 53-2418/5. - Supplementary report on behalf of the Commission, 53-2418/6. - Text adopted by the Commission, 53-2418/7. - Text adopted in plenary and transmitted to the Senate, 53-2418/8 - 14/11/2012.
Senate
Document. - Project not referred to by the Senate, 5-1840/1.