Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012022458&caller=list&article_lang=F&row_id=1400&numero=1418&pub_date=2012-12-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2012-12-21 Numac: 2012022458 SERVICE PUBLIC FEDERAL security social 13 December 2012. -Law concerning various amending provisions relating to pensions of the public sector 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. -Increase in the age of the immediate or deferred annuity s.
2A section 46 of the Act of 15 May 1984 laying down measures of harmonization in pension, amended by the law of 21 May 1991 and December 28, 2011, the following changes are made: 1 ° the § 1, paragraph 2, is replaced by the following: "for the purposes of paragraph 1, 1 °, are: 1 ° also taken into consideration the calendar years likely to open rights to a pension early in the diet of the employees or in another. Belgian legal pension plan;
2 ° assimilated to the years of career as a professional firefighter, the years of career as a volunteer firefighter, to the extent where the volunteer firefighter is directly involved in the fight against fire and is set to retire as a professional firefighter.
By "volunteer firefighter" means the firefighter bound by a contract of employment as referred to in article 11 or 16 of Schedule 3 to the 'regulation-type of organization of a communal fire described as a voluntary service of the royal decree of 6 May 1971 laying down the types of municipal regulations relating to the Organization of municipal fire departments and as part of a service of fire or an intermunicipal association fire constituted under the Act of December 31, 1963, on the protection Civil and who is not the quality of Member of the municipal staff. The King may, by Decree deliberated in the Council of Ministers, amend the notion of "volunteer firefighter" to implement the agreement with the regulations on the legal position of the volunteer firefighter. »;
2 ° it is inserted § 2/1 as follows: § 2/1. By way of derogation from §§ 1 and 2 and without prejudice of § 1, paragraph 1, 2 °, the age is set at 62 years for people who were born before 1 January 1956, insofar as they can argue at least 37 calendar years specified in accordance with the § 1, paragraph 2, 1 °;
3 ° § 3 is replaced by the following: "§ § 3 3» The length of service requirement in the § 1, paragraph 1, 1 °, § 2 and § 2/1 should not be completed by the person born before January 1, 1953, or by the person who has reached the age of 65.
By way of derogation from § 2, 2 °, the age for retirement benefits taking courses in January 2014 is set in accordance with § 2, 1 °.
By way of derogation from § 2, 3 °, the age for retirement benefits taking courses in January 2015 is set in accordance with § 2, 2 °.
By way of derogation to the § 1, paragraph 1, 1 °, and paragraph 3, the age for retirement benefits taking courses in January 2016 is set in accordance with § 2, 3 °.
Pensions taking course during the month of January of the years 2017, 2018, 2019, 2020, 2021 or 2022, are, for the purposes of § 3/1, supposed to take courses respectively in 2016, 2017, 2018, 2019, 2020 or 2021. »;
4 ° are inserted §§ 3/1 and 3/2 worded as follows: ' § 3/1. To determine if the minimum number of years of eligible service for the entitlement to the pension provided to the § 1, paragraphs 1, 1 °, and 3, § 2 and § 3, paragraphs 2 to 4, is reached, the duration of the services referred to in paragraph 2 made in a function to which the law attaches, for the calculation of pension, a tantième better than 1/60 is multiplied by the coefficient fixed in paragraph 5 that corresponds to the tantième attached to These services, in the course of the pension year and the minimum number of years of service required.
The services referred to in paragraph 1 are the services actually provided, leave with retention of the remuneration and the situations listed in the list provided for in article 88, paragraph 5, of the law of December 28, 2011 provisions varied, eligible for the entitlement to the pension, and the years of career as a volunteer firefighter referred to the § 1 paragraph 2 (2). Even if, for the calculation of the pension, the tantième preferential is not maintained during the situations listed in the abovementioned list, the coefficient referred to in article 5 must be applied to this period on the basis of the tantième which would have been linked to this period if the person concerned had continued to provide services effective service he performed before this situation.
Paragraph 1 is also applicable to the services referred to in paragraph (2) provided to SNCB-Holding.
1 paragraph is not applicable to services organizations whose pension plan is governed by the law of April 28, 1958 relating to the pension of the members of some organizations of public interest and their successors.
The coefficients referred to in paragraph 1 shall be as follows: Jaar waarin het pensioen ingaat year courses of the Pensiontantieme 1/55tantieme 1: 50 in andere gunstigere fees Tantième 1 / 50 and other directors more favorablesMinimumaantal vereiste dienstjaren minimum number of years of service Exigeminimumaantal vereiste dienstjaren minimum number of years of service required 38 years/jaar39 years/jaar40 years/jaar41 years/jaar42 years/jaar38 years/jaar39 years/jaar40 years/jaar41 years/jaar42 years/jaar 20131, 0910-1, 0908 - 1, 1999-1, 2001-
20141,09101,09091,0908--1,19991,20001,2001--2015-1, 09091, 09081, 0910 - 1, 20001, 20011, 1999-2016 - 1, 09081, 09101, 0909 - 1, 20011, 19991, 2000 2017 - 1, 06441, 06491, 0654 - 1, 17061, 17141, 1722 2018 - 1, 03901, 04011, 0500 - 1 14291 14431, 1454 2019 - 1, 03901, 04011, 0500 - 1, 11641, 11811, 1200 2020 - 1, 03901, 04011, 0500 - 09081 and 1, 09331, 0957 2021 - 1, 03901, 04011, 0500 - 1, 06671, 06971, 0722 Vanaf 2022 A go-1,03901,04011,0500 - 1,04361,04671,0500 each uninterrupted period eligible for the entitlement to the pension, into periods separated according to the tantième attached to services, is counted from its start until its included end date date. The days that are part of a month incomplete schedule are taken into account in competition of the fraction they represent compared to the number of days actually in this month full calendar. The result of this statement is, for each separate period expressed in months to four decimal places, rounding upwards as the fifth decimal is equal to or greater than five. The same rounding is applied to the product obtained by multiplying the sum of these separate periods, summed by tantieme, by the ratio referred to in paragraph 5. The sum of these products is expressed in months with four decimal places.
The King may, by deliberate order in Council of Ministers, decide to maintain, for years after 2019, the coefficient 1,1200 fixed in the last column of the table in paragraph 5, for the cases referred in this column.
§ 3/2. The application of § 1, paragraph 2, 1 °, can have the effect that, for a given calendar year more than 12 months are taken into account for the entitlement to the pension.
S. 3A article 88 of the law of December 28, 2011 bearing of various provisions, the following changes are made: 1 ° paragraphs 2 to 4 are replaced by the following: ' paragraph 1 does not prejudice duration of services conditions and preferential pension update ages provided:-for the staff rolling of SNCB Holding;
-for the police integrated;
-for the military;
-for former military personnel referred to in article 10 of the Act of 30 March 2001 relating to the pension of the staff of the police services of their privies, in article 5bis of the Act of 25 February 2003 on the establishment of the function of security officer for the execution of the tasks of police courts and tribunals and transfer detainees article 10 of the law of 16 July 2005 establishing the transfer of some military towards a public employer and article 194 of the Act of February 28, 2007, establishing the status of the current frame of the Forces military armed.
By way of derogation from paragraph 1, persons who were on the date of January 1, 2012 in a position of availability, total or partial, pre-market retired or in a similar situation at their request were retired the first day of the month following the expiration of the period of this availability or similar situation. This date cannot be before the first day of the month following the 60th anniversary.
Paragraph 3 shall also apply to persons who have submitted to be placed before March 5, 2013 in a situation referred to in that paragraph, a request to their employer: 1 ° before January 1, 2012;
2 ° or from 1 January 2012 provided that this application has been approved by the employer before 5 March 2012. ».
2 ° the following paragraphs are added and worded as follows: «the derogations provided for in paragraphs 3 and 4 are more application when the agent ends prematurely to the availability or the similar situation.
The staff rolling stock referred to in paragraph 2 are agents who belong to staff wheelchair defined by regulation of Board of SNCB/NMBS Holding as it was in force at December 28, 2011. ».
S. 4. article 89 of the Act is repealed.
S. 5. article 90 of the Act is replaced by the following: «art.» 90. any person that, at one point, meets the conditions of age and duration of services
which are worth, for the category of personnel to which it belongs at this time, to obtain a retirement pension before the age of 62 retains the benefit of this advantage regardless of later the date of actual course of his pension or the category of personnel to which it belongs on that date. ».
S. 6. in section 92 of the Act, the words "and shall apply only to pensions who take courses from that date" shall be deleted.
CHAPTER 3. -Adaptations of the royalty applicable art. 7. in article 5, § 2, paragraph 2, of the law of December 8, 1976, regulating the pension of certain agents and that of their successors, inserted by the law of December 28, 2011, the words ' a x 3.75 x t / 180 x 12 ' shall be replaced by the words "a x (3.75 / 180) x (t / 12).
S. 8. in article 49, § 2, of the law of May 15, 1984 on harmonisation measures in pension, amended by the law of 21 May 1991 and February 3, 2003, the following changes are made: 1 ° 1st paragraph, 2 °, the words ' 1/12th, 1/20, 1/25th, 1/30th, or 1/35th' are replaced by 'more favorable than 1/50th.
2 ° is added a paragraph 3 as follows: "paragraph 1, 2 °, does not apply to services rendered as a member of the staff rolling of SNCB Holding.".
CHAPTER 4. -Limitation periods of absence, leave entitlement and interruption of career s.
9. in the royal decree n ° 442 of 14 August 1986 regarding the effect of certain administrative positions on public service pensions, as amended by the Act of December 28, 2011 on the various provisions, inserted a chapter 1 entitled "Scope and concepts» comprising articles 1 and 1/1.
S. 10. in the same royal decree, as last amended by the Act of December 28, 2011 bearing of various provisions, it is an article inserted 1/1 as follows: 'Art 1/1. For the purposes of this order, shall mean: 1 ° 'periods of career break': downtime to complete career by suspension of the work provided for in articles 100 and 100bis of the Act, relief of 22 January 1985 containing social provisions and the periods of career breaks partial reduction of the work provided for in articles 102 and 102A of the Act for relief;
2 ° "four days week": the four-day week system referred to in article 4 of the law of July 19, 2012 on four day week and work part-time from 50 or 55 years in the public sector;
3 ° "part time job": working part time from the age of 50 or 55 arrangements referred to in article 7 of the aforementioned law of July 19, 2012.
Complete career break periods are eligible for the opening of the right to pension and for calculating the pension according to the rules established by this order.
Periods of absence resulting from a partial career break of the week from four days and work part-time are eligible for the calculation of the pension according to the rules of this order.
S. 11. articles 2 to 2f of the same royal decree, as last amended by the Act of December 28, 2011 bearing of various provisions, shall be replaced by the following: "Chapter 2. -Career break, four days and week working part-time, taken from January 1, 2012 Art 2. § 1. This chapter applies to periods of career breaks, week four days and work part-time, which lie subsequent to December 31, 2011.
§ 2. Career total or partial interruption periods are eligible for free to a maximum 12 months. These periods are also eligible for free to a maximum of 24 additional months, if during these periods the officer or his or her spouse living under the same roof earned allowances for a child under 6 years.
By way of derogation from paragraph 1, the total of the periods of career breaks 1/5 time and four-day week qualifies for free to a maximum 60 months.
The benefit of the provisions of paragraphs 1 and 2 is not cumulable, only the most favourable clause being applied to establish the right and the calculation of the pension.
For the application of the maximum of 24 months referred to in paragraph 1, periods of career breaks taken before January 1, 2012 and which have been taken into account for free by reason that the officer or his or her spouse living under the same roof was receiving allowances for a child under 6 years of age, shall be regarded as periods of interruption of career taken from January 1, 2012.
§ 3. Without prejudice to the application of § 2, downtime of partial career taken from the age of 50 are eligible for additional title, as follows:-84 months maximum in the case of reduction benefits of 1/2 time.
-96 months maximum for benefit of 1/3 time reduction;
-108 months in the event of reduction benefits of 1/4 time.
Partial career break periods referred to in paragraph 1 are eligible for free to a maximum of 12 months. The other months are eligible for payment of a personal contribution of 7.5% based on the rules laid down in sections 1 and 2 of Chapter 6.
For the purposes of paragraph 1, periods of working part time taken from the age of 50 are assimilated to periods of interruption of career part-time.
Without prejudice to the application of § 2 and by way of derogation from paragraphs 1 and 2, the total of the periods of career breaks 1/5 time and week four days, taken from the age of 50 years, is eligible for free competition for a further period of 180 months maximum.
When an agent took from the age of 50 years, partial career break periods provided for in this paragraph according to fractions of different absence or periods of work part-time and/or periods of absence of 4-day week, the length of each period is respectively multiplied by the coefficient laid down hereinafter own each fraction of absence : Fraction of absence - coefficient 1/5 1.0000 1/4 1,6666 1/3 1,8750 1/2 2,1428.
The total of thus calculated weighted periods cannot exceed a maximum of 180 months.
When this maximum is exceeded, the reduction in periods pondereesporte by priority on the periods during which the reduction in benefits is the least important, until the total of the weighted periods is equal to 180 months. Then, the total of the weighted periods is, dividing them by the factors in subparagraph 5, converted into qualifying periods.
Art 2/1. The periods of career breaks to ensure palliative care, paid parental leave and for assistance or provision of care to a member of his household or a member of his family up to the second degree who suffers from a serious illness, do not fall within the ambit of articles 2, 2/3, § 1, 2/4 and 2/7.
CHAPTER 3. -Prior to January 1, 2012 Art 2/2 career breaks. § 1. This chapter applies to the periods of career breaks which lie before January 1, 2012.
§ 2. The career break periods are eligible according to the modalities defined below:-1 ° for the first twelve months: duration which would be taken into consideration if the interruption of career did not intervene;
-2 ° for the forty-eight months: the periods for which the agent paid a personal contribution of 7.5% based on the rules laid down in sections 1 and 2 of Chapter 6 of this order.
3. Paragraph 2 applies to the periods of the career breaks taken by a member of staff appointed to outright or by a member of the contract staff in the public sector before his final appointment.
CHAPTER 4. -Measures transitional art. 2/3. § 1.
The periods of career breaks which began no later than April 2, 2012 and for which an application has reached with the employer before November 28, 2011 and was received by the national Office of employment prior to March 1, 2012, are considered to be taken before January 1, 2012, if the plan referred to in section 3 is more advantageous. It is similarly for career downtime immediately following a period of interruption of career for parental leave begins no later than April 2, 2012, when the request for such leave is received from the employer before November 28, 2011 and was received by the national employment Office before March 1, 2012.
§ 2. The periods of career breaks taken before January 1, 2011 that could be validated by the payment, before January 1, 2012, of the 7.5% personal assessment but which were not the subject of this validation, are taken into account for the determination of the number of years of eligible services referred to in article 46, § 1, paragraph 1, 1 ° and paragraph 3 § 2 and § 2/1, of the Act of 15 May 1984 on harmonisation measures in pension.
CHAPTER 5. -Periods of temporary withdrawal of employment by interruption of career for military Art 2/4. Temporary withdrawal of employment by career break periods instituted by the Act of 25 May 2000 introducing the voluntary scheme of work for the week
four days and the regime of the pre-retirement part-time for some military and amending the status of the military to establish temporary employment by interruption of career withdrawal, are taken into consideration for entitlement to the pension of military retirement and survivor's pension, and the calculation thereof in the following manner:-1 ° the first twelve months account for their full term;
-2 ° 48 months: only include periods for which the Member has paid a personal contribution of 7.5% based on the rules laid down in sections 1 and 2 of Chapter 6.
CHAPTER 6. -Provisions Commons Section 1. -Payment of the personal contribution Art 2/5. § 1.
The personal contribution provided for in articles 2, § 3, paragraph 2, 2/2, § 2, 2 °, and 2/4, 2 ° is made in power or the agency that manages the survival of the individual pension plan and is allocated to the funding of these pensions.
The amount of the personal contribution of 7.5% is established, as the case may be, on the basis of the salary which the person would have received if she had remained in service or on the difference between this treatment and that it collects actually.
The person who wishes to validate the periods laid down in articles 2 § 3, 2/2, § 2, 2/3, § 1 and 2/4 is required to subscribe to the authority which it is located or to the authority designated by the Minister where it is established, the obligation to make the required payments.
This complete authority commitment by the indication of the treatment which the person concerned would have received if he had not stopped or reduced duties and processing is still possibly attributed to him, which transmits this commitment to the authority or body referred to in paragraph 1. It is required to report to the latter treatment changes that intervene during the period covered by the commitment as a result of the granting of interim increases or promotions.
Only validated periods or fractional period of career breaks or periods of temporary withdrawal of employment by interruption of career, for which the contributions are received the authority or body referred to in paragraph 1 prior to the date of course of the pension, but no later than December 31 of the year following that during which lies the period or the period part want to validate.
Payments must be made according to the procedures laid down by the authority or by the Agency referred to in paragraph 1.
§ 2. By way of derogation to the § 1 the Member of the contract staff in the public sector who wish to validate the periods laid down in articles 2, § 3, 2/2, § 2, and 2/3, § 1 he took before his appointment outright, pays the personal contribution of 7.5% for retirement and survival pensions sector, in the employees pension plan.
Section 2. -Exception to the personal contribution Art 2/6.
The personal contribution referred to in articles 2, § 3, paragraph 2, 2/2, § 2, 2 ° and 2/4, 2 ° is not required during 24 months maximum for the entire career, for the periods during which the officer or his or her spouse living under the same roof received allowances for a child under 6 years.
Section 3. -Limitation on the admissibility of periods of interruption of career and temporary withdrawal of employment by interruption of career to the military Art 2/7. For all of the career, the total of the periods of the career break eligible in accordance with articles 2, § 2, 2/2 and 2/3, as well as periods of temporary withdrawal of employment by career break taken into consideration for the right to the pension and the calculation thereof in accordance with article 2/4 cannot exceed neither the duration of actual benefits , or 60 months. ».
S. 12. in the same royal decree, as amended by the Act of December 28, 2011 bearing of various provisions, it is inserted a chapter 7, entitled 'Limitation to the admissibility of certain periods of absence or leave' comprising article 3.
S. 13A in article 3 of the same royal decree, as amended by Act of April 25, 2007 on pensions of the public sector, the following changes are made: 1 ° in the § 1, 1 ° is replaced by the following: "1 ° periods of interruption of eligible career in application of articles 2, 2/2 and 2/3, § 1 as well as periods of absence from work part-time or eligible four-day week. in application of article 2 ";
2 ° in the § 1, 2 °, '2A' shall be replaced by the words "2/4";
3 ° in § 3, paragraph 3, the words 'article 2D' shall be replaced by the words 'article 2/6 ";
4 ° in § 3, paragraph 4, the words 'article 2D' shall be replaced by the words 'article 2/6 ";
5 ° in § 4, paragraph 1, is replaced by the following: "If the agent is pensioned off before the age of 60 years for physical inability, downtime of career as well as periods of temporary withdrawal of employment by career breaks, which were the subject of personal contributions payments provided in this order, are excluded into account for the purposes of §§ 2 and 3. It is same for the survivor's pension of the copyright of an officer who died in active service. »;
6 ° § 5 is replaced by the following: "§ § 5 5.» Are not taken into account for the purposes of §§ 2 and 3, the periods of career breaks which, before July 1, 1991, were the subject of the payments provided for in article 2/2, § 2, 2 °. »;
7 § 7 °, 9 °, the words "or reduction of benefits" are repealed.
S. 14. in the same royal decree, as last amended by the Act of December 28, 2011 bearing of various provisions, inserted a chapter 8 «the benchmark treatment Fixation».
This chapter 8 includes article 4 is replaced by the following: 'Art 4. The provisions of this order are not prejudicial in relation to similar periods of unpaid absence in service activity, the application of the rules relating to the fixing of salaries as a basis for the calculation of the retirement pension.
If a period of the career break is part of the period taken into account for the fixing of salaries as a basis for the calculation of the retirement pension, account shall be taken of treatment and supplements treatment which the officer would have enjoyed had he remained in service. » Art. 15. in the same royal decree, as amended by the Act of December 28, 2011 bearing of various provisions, it is inserted a chapter 9 entitled 'Entry into force', including article 6.
CHAPTER 5. -Calculation of the pension over the last ten years of career s. 16. in article 105 of the Act of December 28, 2011 bearing of various provisions, paragraphs 2, 3 and 4 are replaced by the following: ' by way of derogation from paragraph 1, if in accordance with the provisions in force on 31 December 2011, a pension referred to in this paragraph should be calculated on the basis of the last salary of activity or treatment of reference covering a period of less than five years. This pension is then, from 1 January 2012, calculated on the basis of a reference equal to the average salary of the last four years of the career or the duration thereof when it is less than four years.
The King is responsible for adapting the different legal provisions into line with the provisions of paragraph 1.
Paragraphs 1 to 3 shall not apply to the guaranteed minimum amount referred to in article 121 of the Act of 26 June 1992 of social and various provisions.
When the amount of the pension calculated on the basis of the average salary of the last ten years of the career or the duration thereof if it is more than five years but less than ten years, is less than the minimum amount guaranteed for a single pensioner, referred to in article 120 of the law of 26 June 1992 social and various provisions the pension is recalculated on the basis of the average of the last five years of the career salary, without that the new amount of the pension does not exceed the minimum amount guaranteed supra.
» Art. 17. in article 127, § 1, of the Act, the words ' 89, 91, paragraph 2, 103, 105, paragraph 4, ' shall be replaced by the words '91, paragraph 2, 103'.
CHAPTER 6. -Changes various arts. 18. the King may, by deliberate order in Council of Ministers, take any measure to ensure holders of the lowest pensions pension rate which may not be less than an amount it determines.
S. 19. in article 139, 6 ° of the law of December 29, 2010 relating to the various (I) provisions, 'article 137' shall be replaced by the words 'article 143.
S. 20. in Title 13, chapter, section 4, subsection 2 of the same Act, it is inserted an article 145/1 as follows: «art.»
145/1. The employer referred to in article 143 is required for each Member of staff in service on January 1, 2011, for which he asked the SdPSP to determine the date of the pension early, to issue and validate an electronic attestation 'historical data' within the period of one month after its request, unless an electronic attestation has been issued in accordance with article 143. » Art. 21. article 162 of the Act is replaced by the following: «»
S. 162. If a public sector pension institution pays an amount too high pension because the employer, during the fulfilment of the obligations laid down in this chapter, failed legislation relating to pensions or instructions and glossaries listed in commonly used applications, it retrieves the employer part of the debt that can more be recovered from the insured. » Art. 22. in Title 13, chapter, section 7 of the Act, it is inserted an article 162/1 as follows: «art.» 162/1. When a person has been placed on standby or on leave prior to retirement by his employer on the basis of a decision of the SdPSP in which the date is set from which this person meet the conditions of age and length of service for retirement pursuant to section 46 of the Act of 15 May 1984 laying down measures for harmonisation in pension the pension may, in any case, take courses from this date.
If upon expiry of the period of availability or leave prior to the retirement age and the length of service conditions are not met, the arrears are supported by the Treasury up to the point where these conditions are met. However, if the decision referred to in the first paragraph is based on inaccurate or incomplete data provided by the employer, the SdPSP retrieves these arrears to the employer.
"CHAPTER 7. -Entry into force art. 23. this Act has effect 1 January 2012.
By way of derogation from paragraph 1: 1 ° article 19 takes effect January 1, 2011;
2 ° article 17 produced its effects on January 9, 2012;
3 ° Chapter 2 shall enter into force on January 1, 2013;
4 ° sections 8, 18, 21 and 22 come into force the first day of the month following that of the publication of this Act in the Moniteur Belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 13 December 2012.
ALBERT 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 records of the House of representatives: 53-2405-2011/2012: No. 1: Bill.
No. 2: Erratum.
53 - 2405 - 2012/2013: No. 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 28-29 November 2012.
The Senate documents: 5-1868-2012/2013: No. 1: project not referred by the Senate.
Search Translated Laws of Belgium