belgiquelex.be - Carrefour Bank of Legislation

13 DECEMBER 2012. - Act on various amendments to public sector pensions

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Increase in the age of immediate or deferred pension
Art. 2. In section 46 of the Act of May 15, 1984 on harmonization measures in pension plans, as amended by the Acts of May 21, 1991 and December 28, 2011, the following amendments are made:
1° § 1^erParagraph 2 is replaced by the following:
"For the purposes of paragraph 1^er, 1°, are :
1° also taken into account the calendar years which may open up rights to an early pension in the wages of employed workers or in another Belgian legal pension scheme;
2° assimilated to the years of career as a professional firefighter, the years of career as a volunteer firefighter, as this volunteer firefighter participates directly in the fight against fire and is retired as a professional firefighter. By "voluntary firefighter", the firefighter must be heard by a contract of engagement as referred to in section 11 or 16 of Schedule 3 to the "Type Regulations for the organization of a communal fire service qualified as a voluntary service" of the Royal Decree of 6 May 1971 setting out the types of communal regulations relating to the organization of communal fire services and which is part of a fire service or an association constituted by the community. The King may, by deliberate decree in the Council of Ministers, amend the concept of "voluntary firefighter" to align it with the regulations on the legal position of the volunteer firefighter. »;
2° a § 2/1 is inserted as follows:
“§ 2/1. By derogation from §§ 1^er and 2 without prejudice to § 1^erParagraph 1^er, 2°, the age is fixed to 62 years for those born before 1^er January 1956, as long as they can claim at least 37 calendar years determined in accordance with § 1^er, paragraph 2, 1°;
3° § 3 is replaced by the following:
“§3. The term of service set out in § 1^erParagraph 1^er1°, § 2 and § 2/1 shall not be filled by the person born before 1^er January 1953 or by the person who reached the age of 65.
By derogation from § 2, 2°, the age for pension taking place in January 2014 is set in accordance with § 2, 1°.
By derogation from § 2, 3°, the age for pension taking place in January 2015 is set in accordance with § 2, 2°.
By derogation from § 1^erParagraph 1^er, 1°, and 3, the age for pension taking place in January 2016 is set in accordance with § 2, 3°.
Pensions that take place in January of 2017, 2018, 2019, 2020, 2021 or 2022 are, for the purposes of § 3/1, expected to take place in 2016, 2017, 2018, 2019, 2020 or 2021 respectively. »;
4° are inserted in §§ 3/1 and 3/2 as follows:
§ 3/1. To determine whether the minimum number of years of eligible services for the opening of the right to pension under § 1^erParagraphs 1^er, 1°, and 3, in § 2 and § 3, paragraphs 2 to 4, is reached, the duration of the services referred to in paragraph 2 rendered in a function to which the law attaches, for the calculation of pension, an epoch more favorable than 1/60^e is multiplied by the coefficient set out in paragraph 5 that corresponds to the fortieth attached to these services, the year in which the pension is taken and the minimum number of years of service required.
Services referred to in paragraph 1^er are the services actually preceded, leave with pay and the situations listed in the list referred to in section 88, paragraph 5, of the Act of 28 December 2011 providing various provisions, eligible for the opening of the right to pension, as well as years of career as a volunteer firefighter referred to in § 1^er2°. Although, for the purposes of calculating the pension, the fortieth preferential period is not maintained during the situations listed in the above-mentioned list, the coefficient referred to in paragraph 5 must be applied to that period, depending on the fortieth period that would have been linked to that period if the person had continued to take effective services in the function that he exercised before that situation.
Paragraph 1^er is also applicable to services referred to in paragraph 2 referred to in SNCB-Holding.
Paragraph 1^er is not applicable to services provided to organizations whose pension plan is governed by the Act of 28 April 1958 on the pension of members of certain public bodies and their beneficiaries.
The coefficient(s) referred to in paragraph 1^er are set as follows:

Each uninterrupted period eligible for the opening of the right to pension, subdivided, if any, in separate periods according to the fortieth attached to the services, is counted from the start date until the end date included. Days that are part of an incomplete calendar month are taken into account in the fraction they represent in relation to the number of days actually included in this full calendar month. The result of this count is, for each separate period, expressed in months with four decimals, rounding up if the fifth decimal is equal to or greater than five. The same rounding is applied to the product obtained after having multiplied the sum of these separate periods, which were added by the coefficient referred to in paragraph 5. The sum of these products is expressed in months with four decimals.
The King may, by deliberate order in the Council of Ministers, decide to maintain, for the years after 2019, the coefficient 1,1200 fixed in the last column of the table in paragraph 5, for the cases referred to in that column.
§ 3/2. The application of § 1^er, paragraph 2, 1°, may only be taken into account for a calendar year of more than 12 months for the opening of the right to pension. "
Art. 3. In section 88 of the Act of 28 December 2011 on various provisions, the following amendments are made:
1° paragraphs 2 to 4 are replaced by the following:
"Paragraph 1^er shall not prejudice the terms and conditions of service and the preferential retirement ages provided for:
- for the rolling staff of the SNCB Holding;
- for the integrated police;
- for military personnel;
- for former military personnel referred to in section 10 of the Act of 30 March 2001 relating to the pension of police personnel and their beneficiaries, to section 5bis of the Act of 25 February 2003 establishing the function of security officer for the execution of the police missions of the courts and tribunals and the transfer of detainees, to section 10 of the Act of 16 July 2005 establishing the transfer of certain military personnel to the public
Derogation from paragraph 1^erthe persons at their request were on the date of 1^er January 2012 in a position of availability, total or partial, pre-retirement or similar status, are retired on the first day of the month following the expiration of the period of this availability or similar situation. This date cannot be located before the first day of the month following the 60^e birthday.
Paragraph 3 is also applicable to persons who have introduced, with a view to being placed before March 5, 2013, in a situation referred to in that same paragraph, an application to their employer:
1° before 1^er January 2012;
2° or from 1^er January 2012 provided that this application was approved by the employer by March 5, 2012. "
2° The following paragraphs are added and written as follows:
"Derogations under paragraphs 3 and 4 are no longer applicable when the agent prematurely terminates the availability or similar situation.
The rolling personnel referred to in paragraph 2 are those who belong to the rolling personnel defined in the Holding SNCB pension regulations as it was in force on December 28, 2011. "
Art. 4. Section 89 of the Act is repealed.
Art. 5. Section 90 of the Act is replaced by the following:
"Art. 90. Any person who, at any given time, meets the age and duration of services that are, for the category of staff to which he or she belongs at that time, to obtain a pension before the age of 62 shall retain the benefit of that benefit no later than the effective date of his or her pension or the category of personnel to which he or she belongs. "
Art. 6. In section 92 of the Act, the words "and apply only to pensions that take place from that date" are deleted.
CHAPTER 3. - Adaptations of applicable fortieths
Art. 7. In Article 5, § 2, paragraph 2, of the Act of 8 December 1976 regulating the pension of certain agents and that of their rightful persons, inserted by the law of 28 December 2011, the words "a x 3,75 x t / 180 x 12" are replaced by the words "a x (3,75 / 180) x (t / 12)".
Art. 8. In Article 49, § 2, of the Law of 15 May 1984 on Measures for Harmonization in Pension Plans, as amended by the Laws of 21 May 1991 and 3 February 2003, the following amendments are made:
1° to paragraph 1^er, 2°, the words « 1/12^e, 1/20^e, 1/25^e, 1/30^e, or 1/35^e are replaced by the words "more favorable than 1/50^e »;
2° a new paragraph 3 is added as follows:
"Paragraph 1^er, 2°, does not apply to services rendered as a rolling staff member of the Holding SNCB. "
CHAPTER 4. - Limitation of eligibility for periods of absence, leave and career interruption
Art. 9. In Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on the pensions of public service officers, last amended by the Act of 28 December 2011 on various provisions, a Chapter 1 is inserted.^er entitled " Scope of application and concepts" including articles 1^er and 1/1.
Art. 10. In the same Royal Decree, last amended by the Act of 28 December 2011 on various provisions, an article 1/1 is inserted as follows:
"Art 1/1. For the purposes of this order, one must hear by:
1° "period interruption periods": periods of career interruption complete by suspension of work benefits provided for in sections 100 and 100bis of the Law of Recovery of January 22, 1985 containing social provisions and periods of partial career interruption by reduction of work benefits, provided for in sections 102 and 102bis of the same Law of Recovery;
2° "four-day week": the four-day week regime referred to in section 4 of the Act of 19 July 2012 relating to the four-day week and to work half-time from 50 to 55 years in the public sector;
3° "work half-time": the half-time working regime from 50 to 55 years referred to in Article 7 of the Act of 19 July 2012 referred to above.
Full career interruption periods are eligible for the opening of the right to pension and for the calculation of the pension under the rules set out in this Order. Periods of absence resulting from a partial career break, four-day week and half-time work are eligible for pension calculation under the rules of this Order. "
Art. 11. Sections 2 to 2septies of the same Royal Decree, last amended by the Act of 28 December 2011 on various provisions, are replaced by the following:
"Chapter 2. - Career break, four-day week and half-time work, taken from 1^er January 2012
Art 2. § 1^er. This chapter applies to periods of career interruption, four-day week and half-time work, which occur after December 31, 2011.
§ 2. Full or partial career interruption periods are eligible for free up to 12 months. These periods are also eligible for free up to 24 additional months, if during these periods the agent or spouse living under the same roof has received family allowances for a child under the age of 6.
Derogation from paragraph 1^er, total career interruption periods of 1/5 time and four-day week are eligible for free up to 60 months maximum.
The benefit of the provisions of subparagraphs 1^er and 2 is not cumulative, only the most favourable paragraph being applied to establish the right and calculation of the pension.
For the application of the maximum of 24 months referred to in paragraph 1^er, career interruption periods taken before 1^er January 2012 and which were taken into account for free of charge because the agent or his or her spouse living under the same roof received family allowances for a child under 6 years of age, are assimilated to career interruption periods taken from 1^er January 2012.
§ 3. Without prejudice to the application of § 2, the periods of partial career interruption taken from the age of 50 are eligible, on an additional basis, as follows:
- 84 months maximum in case of a reduction of 1/2-time benefits;
- 96 months maximum in case of a reduction of 1/3-time benefits;
- a maximum of 108 months in case of a 1/4-time benefit reduction.
Partial career interruption periods referred to in paragraph 1^er are eligible for free up to 12 months. Other months are eligible for a 7.5% personal contribution made under the rules set out in Section 1^re and 2 of chapter 6.
For the purposes of paragraph 1^er, the half-time work periods taken from the age of 50 are assimilated to periods of mid-time career interruption.
Without prejudice to the application of § 2 and by derogation from paragraphs 1^er and 2, the total career interruption periods of 1/5 time and four-day week, taken from the age of 50, is eligible for free up to an additional period of 180 months maximum.
When an officer has taken from the age of 50 years, partial career interruption periods provided in this paragraph according to different absence fractions and/or half-time work periods and/or 4-day absence periods, the duration of each period referred to above shall be multiplied by the following coefficient specific to each part of absence:
Fraction of absence - coefficient
1/5 1,0000
1/4 1,6666
1/3 1,8750
1/2 2,1428.
The total weighted periods calculated shall not exceed a maximum of 180 months.
When the maximum is exceeded, the reduction of the weighted periods shall be carried by priority over the period(s) during which the reduction of benefits is the least significant, until the total of the weighted periods is 180 months. Then, this total of the weighted periods is, by dividing them by the coefficients determined in paragraph 5, converted into eligible periods.
Art. 2/1. Periods of career interruption to provide palliative care, parental leave and assistance or care to a household member or family member up to the second degree of illness, do not fall under the application of Articles 2, 2/3, § 1^er, 2/4 and 2/7.
CHAPTER 3. - Career interruptions prior to 1^er January 2012
Art. 2/2. § 1^er. This chapter applies to career interruption periods that occur before 1^er January 2012.
§ 2. Career interruption periods are eligible as defined below:
- 1° for the first twelve months: the duration that would have been taken into consideration if the interruption of the career had not occurred;
- 2° for the following forty-eight months: the periods for which the agent paid a 7.5% personal contribution based on the rules set out in Section 1^re and 2 of chapter 6 of the present decree.
§ 3. Subsection 2 applies to periods of career interruption by a staff member appointed on a final basis or by a contract staff member in the public sector prior to his or her final appointment.
CHAPTER 4. - Transitional measures
Art. 2/3. § 1^er. Career interruption periods that begin no later than April 2, 2012 and for which an application has been made to the employer before November 28, 2011 and was received by the National Employment Office before November 1, 2012^er March 2012, is considered taken before 1^er January 2012, if the plan under Chapter 3 is more favourable. The same is true for periods of career interruption that immediately follow a career interruption period for parental leave that begins on or before April 2, 2012, when the application for such leave came to the employer before November 28, 2011, and was received by the National Employment Office before November 1,^er March 2012.
§ 2. Career interruption periods taken before 1^er January 2011 which could be validated by the payment before 1^er January 2012, of the personal contribution of 7.5% but not the subject of this validation, are considered for the determination of the number of years of eligible services referred to in Article 46, § 1^erParagraph 1^er, 1° and 3, § 2 and § 2/1, of the Act of 15 May 1984 on measures of harmonization in pension schemes.
CHAPTER 5. - Temporary employment withdrawal periods by career interruption for military personnel
Art 2/4. The periods of temporary withdrawal of employment by career interruption established by the Act of 25 May 2000 establishing the voluntary work plan for the four-day week and the half-time early departure regime for certain military personnel and amending the status of the military in order to establish the temporary withdrawal of employment by career interruption, shall be taken into consideration for the right to military pension and survival pension, and the calculation of the following terms and conditions
- 1° the first twelve months count for their duration;
- 2° the following forty-eight months: count only the periods for which the member paid a 7.5% personal contribution according to the rules set out in Section 1^re and 2 of chapter 6.
CHAPTER 6. - Common provisions
Section 1^re. - Payment of personal contribution
Art 2/5. § 1^er. The personal contribution provided for in articles 2, § 3, paragraph 2, 2/2, § 2, 2°, and 2/4, 2° is paid to the power or body that manages the survival pension plan of the person concerned and is allocated to the financing of these pensions.
The amount of the personal contribution of 7.5% is determined, as the case may be, on the basis of the treatment that the person would have benefited if he had remained in service or the difference between that treatment and that which he or she actually perceives.
The person who wishes to validate the periods provided for in articles 2, § 3, 2/2, § 2, 2/3, § 1^er and 2/4 is required to subscribe to the authority under its jurisdiction or to the authority designated by the Minister under its jurisdiction to make the required payments.
This authority complements the commitment by the indication of the treatment to which the individual would have benefited if he had not ceased or reduced his or her functions and the treatment that is still assigned to him or her, and transmits this commitment to the authority or body referred to in paragraph 1^er. It is required to report to the Commission any changes in treatment that would occur during the period covered by the undertaking following the award of increments or promotions.
Only periods or portions of career interruption periods or periods of temporary employment withdrawal by career interruption are validated, for which contributions have reached the power or agency referred to in paragraph 1^er before the date on which the pension is taken, but no later than December 31 of the year after the period in which the agent wishes to validate is located.
Payments must be made under the terms and conditions established by the authority or body referred to in paragraph 1^er.
§ 2. By derogation from § 1^er, the contracting staff member of the public sector who wishes to validate the periods provided for in articles 2, § 3, 2/2, § 2, and 2/3, § 1^er which he made prior to his appointment on a final basis, pays the personal contribution of 7.5%, for the pension and survival sector, in the pension plan for employed workers.
Section 2. - Exception to personal contribution
Art 2/6. The payment of the personal contribution referred to in articles 2, § 3, paragraph 2, 2/2, § 2, 2° and 2/4, 2° is not required for up to twenty-four months for the entire career, for periods during which the agent or his spouse living under the same roof has received family allowances for a child under the age of 6.
Section 3. - Limitation on eligibility for career interruption and temporary employment withdrawal periods by career interruption for military personnel
Art 2/7. For the entire career, the total of qualifying career interruption periods in accordance with sections 2, § 2, 2/2 and 2/3, as well as the periods of temporary employment withdrawal by career interruption taken into account in respect of the right to pension and the calculation of the pension in accordance with section 2/4, shall in no case exceed the duration of the actual benefits, nor 60 months. "
Art. 12. In the same Royal Decree, last amended by the Act of 28 December 2011 on various provisions, a Chapter 7 entitled " Limitation to eligibility for certain periods of absence or leave" includes section 3.
Art. 13. In section 3 of the same Royal Decree, last amended by the Public Sector Pension Act of 25 April 2007, the following amendments are made:
1° in § 1^er1° is replaced by the following:
"1st qualifying career interruption periods under articles 2, 2/2 and 2/3, § 1^er as well as periods of absence resulting from the half-time or four-day work plan eligible under section 2";
2° in § 1^er, 2°, the words "2bis" are replaced by the words "2/4";
3° in § 3, paragraph 3, the words "Article 2quinquies" are replaced by the words "Article 2/6";
4° in § 3, paragraph 4, the words "Article 2quinquies" are replaced by the words "Article 2/6";
5° in § 4, paragraph 1^er, is replaced by the following:
"If the officer is pensioned before the age of 60 for physical incapacity, the periods of career interruption as well as the periods of temporary employment withdrawal by career interruption, which have been the subject of the personal contribution payments provided for in this Order, are not taken into account for the purposes of §§ 2 and 3. The same applies to the surviving pension of a deceased agent in service activity. »;
6° § 5 is replaced by the following:
“§ 5. Not considered for the application of §§ 2 and 3, the periods of career interruption which, before 1^er July 1991, the payments under Article 2/2, § 2, 2° were made. »;
7° in § 7, 9°, the words "or reduction of benefits" are repealed.
Art. 14. In the same Royal Decree, last amended by the Act of 28 December 2011 on various provisions, a chapter 8 entitled "Removal of Reference Treatment" is inserted.
Chapter 8 includes section 4, which is replaced by the following:
“Art 4. The provisions of this Order shall not prejudice, in respect of unpaid periods of absence as a result of service activity, the application of the rules relating to the setting of the basic salary for the calculation of the pension.
If a career interruption period is part of the period taken into consideration for the determination of the basic salary for the calculation of the retirement pension, it is taken into account the treatment and salary surcharges that the agent would have benefited if he had remained in service. »
Art. 15. In the same Royal Decree, last amended by the Act of 28 December 2011 on various provisions, a chapter 9 entitled "Entry into force" includes section 6.
CHAPTER 5. - Calculation of pension over the last ten years of the career
Art. 16. In section 105 of the Act of 28 December 2011 on various provisions, paragraphs 2, 3 and 4 are replaced by the following:
"By derogation from paragraph 1^erif, pursuant to the provisions in force on December 31, 2011, a pension referred to in that paragraph should have been calculated on the basis of the last processing of activity or a reference salary for a period of less than five years, the pension is then, from 1^er January 2012, calculated on the basis of a reference treatment equal to the average treatment of the last four years of the career or its duration when it is less than four years.
The King is responsible for adapting the various legal provisions to align them with the provisions of paragraph 1^er.
Paragraphs 1^er to 3 are not applicable to the minimum guaranteed amount referred to in section 121 of the Act of 26 June 1992 relating to social and other 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 of the pension if it is greater than five years but less than ten years, is less than the minimum amount guaranteed for an insulated pensioner referred to in section 120 of the Act of 26 June 1992 on various social provisions, the pension is recalculated on the basis of the average salary of the last five years of the career, without the new amount »
Art. 17. In Article 127, § 1^erthe words "89, 91, paragraph 2, 103, 105, paragraph 4" are replaced by the words "91, paragraph 2, 103,".
CHAPTER 6. - Miscellaneous changes
Art. 18. The King may, by order deliberately in the Council of Ministers, take any action to ensure that the holders of the lower pensions have a pension rate that cannot be less than an amount determined by the King.
Art. 19. In Article 139, 6° of the Act of 29 December 2010 on various provisions (I), the words "Article 137" are replaced by the words "Article 143".
Art. 20. In heading 13, single chapter, section 4, subsection 2 of the Act, an article 145/1 is inserted as follows:
"Art. 145/1. The employer referred to in section 143 is held for each staff member on duty at 1^er January 2011 for which it asks the PSSP to determine the date of the early pension, to issue and validate an electronic certificate "historical data" within one month of the date of the application, unless an electronic certificate has been issued in accordance with section 143. »
Art. 21. Section 162 of the Act is replaced as follows:
"Art. 162. If a public sector pension institution pays an amount of pension too high because the employer, when fulfilling the obligations set out in this chapter, did not comply with the pension legislation or instructions and glossaries used in the applications used, it recovers from the employer part of the debt that cannot be recovered from the social insured person. »
Art. 22. In heading 13, single chapter, section 7 of the Act, an article 162/1 is inserted as follows:
“Art. 162/1. When a person has been placed on leave or on leave prior to retirement by his or her employer on the basis of a decision of the SdPSP in which the date is fixed from which that person will collect the age and duration of service conditions to be retired in accordance with section 46 of the Act of May 15, 1984 on measures of harmonization in pension plans, the pension may, in any case, take place from that date.
If, at the expiry of the period of availability or pre-retirement leave, it appears that the age and duration of the services are not met, pension arrears are borne by the Public Treasury until such conditions are met. However, if the decision referred to in paragraph 1 is based on inaccurate or incomplete data provided by the employer, the PSSP collects these pension payments from the employer. »
CHAPTER 7. - Entry into force
Art. 23. This Act produces its effects on 1^er January 2012.
Derogation from paragraph 1^er :
1° Article 19 produces its effects on 1^er January 2011;
2° Article 17 produces its effects on 9 January 2012;
3° Chapter 2 comes into force on 1^er January 2013;
Sections 8, 18, 21 and 22 come into force on the first day of the month following that of the publication of this Act to the Belgian Monitor.
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, 13 December 2012.
ALBERT
By the King:
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Documents of the House of Representatives:
53-2405 -2011/2012:
Number 1: Bill.
Number two: Erratum.
53-2405 -2012/2013:
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 28-29 November 2012.
Documents of the Senate:
5-1868 -2012/2013:
No. 1: Project not referred to by the Senate.