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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013022073&caller=list&article_lang=F&row_id=1300&numero=1341&pub_date=2013-02-25&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-02-25 Numac: 2013022073 SERVICE PUBLIC FEDERAL security social 21 December 2012. -Law concerning amendments to 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 viability of statutory pension and article 3, § 1, 4 ° of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium in economic and Monetary Union European fixation of a transitional measure relating to the reform of the pension for early retirement for self-employed persons ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Modifications 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 viability of statutory pension and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary art. 2. in article 3 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 viability of statutory pension and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary as amended by laws-programs of 8 June and 22 December 2008 and by the law various provisions (I) from March 29, 2012, the following changes are made: 1 ° in the § 2 bis, paragraph 3, the words «in article 16bis, §§ 1 and 2» are replaced by the words "article 16bis, §§ 1, 2 and 2A.
2 ° in the § 2A, a paragraph worded as follows is inserted between paragraphs 3 and 4: "by way of derogation from paragraph 1, the age requirement for superannuation taking courses 1 January 2016 is fixed in accordance with article 16bis, § 1, paragraph 1, 3 ° '.
3 ° in § 5, paragraph 2, the words ' and article 16bis § 1 "are replaced by the words"and article 16bis, §§ 1 and 2A.
S. 3A article 16bis of the same royal decree, inserted by Act promulgating various provisions (I) from March 29, 2012, inserted a § 2A as follows: "§ 2A.» By way of derogation to the § 1, paragraph 1, 2 °, and § 2, 2 °, the age requirement for superannuation taking courses on January 1, 2014 is set according to the § 1, paragraph 1, 1 °, and the status of career required pursuant to § 2, 1 °.
By way of derogation to the § 1, paragraph 1, 3 °, and in article 3, § 3, paragraph 2, the age requirement for superannuation taking courses January 1, 2015 is fixed according to the § 1, paragraph 1, 2 °, and the status of career required in accordance with §2, 2 °. "CHAPTER 3. -Provisions transitional art. 4. Notwithstanding the age and career conditions laid down in article 3, § 2A, paragraph 1 and 2, § 3, paragraphs 1 and 2 and article 16bis, §§ 1 and 2, of the same royal decree, the pension for early retirement from the person who was born before January 1 1956 and which proves a career of at least 32 calendar years within the meaning of article 3 , § 3, paragraph 1, of the same royal decree, no later than December 31, 2012, may take courses from January 1, 2013, to the choice and at his request, no earlier than the 1st day of the month following its 62nd anniversary.
The possibility of obtaining a pension of retirement in accordance with paragraph 1 is submitted in the head of the person responsible for the condition of proving a career of at least 37 calendar years.
By calendar years within the meaning of paragraph 2, it has meant the years likely to open rights to the pension under one or more statutory Belgian pension schemes within the meaning of article 3, § 3, paragraph 3, the same royal decree, or schemes falling under the scope of the European regulations of social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed workers.
S. 5. the King takes, by Decree deliberated in the Council of Ministers, the transitional measures with regard to the conditions for granting of the early retirement pension for self-employed persons of the persons referred to in article 108 of the law of 28 December 2011 of various provisions and for self-employed persons who have submitted an application for pension of retirement prior to November 28, 2011.
CHAPTER 4. -Entry into force art. 6 this Act comes into force on January 1, 2013 and applies to the retirement pensions of self-employed workers who take courses effectively and for the first time not earlier than January 1, 2013.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2012.
ALBERT by the King: Minister of the independent, Ms. S. LARUELLE sealed with the seal of the State: to the Minister of Justice, absent: the 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 on behalf of the Committee, 53-2418/3. -Text adopted by the commission, 53-2418/4. -Amendments tabled in plenary, 53-2418/5. -Supplementary report on behalf of the Committee, 53-2418/6. -Text adopted by the commission, 53-2418/7. -Text adopted in plenary and passed in the Senate session, 53-2418/8-14/11 / 2012.
Senate Document. -Project not mentioned by the Senate, 5-1840/1.