Act Amending The Act Of December 28, 2011 Bearing Of Various Provisions, With Regard To The Pension For Employees And Introducing Of New Transitional Measures For The Early Retirement Of Employees (1) Pension

Original Language Title: Loi modifiant la loi du 28 décembre 2011 portant des dispositions diverses, en ce qui concerne la pension des travailleurs salariés et portant de nouvelles mesures transitoires en matière de pension de retraite anticipée des travailleurs salariés (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 2012-08-14 Numac: 2012022297 FEDERAL social security PUBLIC SERVICE July 20, 2012. -Act to amend the Act of 28 December 2011 various provisions, with regard to the pension of employees and workers wearing new transitional measures regarding early retirement pension for employees (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Early pension art.
2. in article 4 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 pension schemes, as amended by the royal decree of 21 March 1997 confirmed by the Act of 26 June 1997, by the royal decree of 23 April 1997 confirmed by the law of 12 December 1997 , and the law of 27 December 2004 and December 28, 2011, are inserted 3bis, 3ter and 3quater paragraphs worded as follows: "§ 3A. '. By way of derogation from paragraphs 1 and 2, the person concerned, who was born before 1 January 1956 and December 31, 2012, which proves a career of at least 32 such calendar years as defined in paragraph 2, may, at his request, take his pension of retirement no earlier than the 1st day of the month following that in which he reaches the age of 62 years provided he proves a career of at least 37 such, calendar years as defined in the paragraph 2.
§ 3B. By way of derogation from paragraph 1, 2 °, the age for pensions taking courses in January 2014 is set in accordance with paragraph 1, 1 °. By way of derogation from paragraph 2, 2 °, the status of career required for pensions taking courses in January 2014 is fixed in accordance with paragraph 2, 1 °.
By way of derogation from paragraph 1, 3 °, the age for pensions taking courses in January 2015 is set in accordance with paragraph 1, 2 °. By way of derogation from paragraph 2, 3 °, the status of career required for pensions taking courses in January 2015 is fixed pursuant to subsection 2, 2 °.
By way of derogation from paragraph 1, 4 °, the age for pensions taking courses in January 2016 is set in accordance with paragraph 1, 3 °.
§ 3quater. The person concerned, at one point, fulfilling the conditions of age and career referred to in paragraphs 1 to 3B, retains the right to take advance his pension at a later date, regardless of the date of actual course of the pension later. » Art. 3. in the law of December 28, 2011 bearing of various provisions, it is inserted an article 107/1 as follows: «art.» 107/1. The person concerned who, to December 31, 2012, fulfils the conditions of age and career to obtain a retirement pension, under article 4 of the royal decree of December 23, 1996, supra, as in force before its amendment by section 107 of this Act, retains the right to advance his pension at a later date, regardless of later date effective pension courses taken. » Art. 4. article 108 of the Act is replaced by the following: «art.»
108. the King takes, by Decree deliberated in the Council of Ministers, transitional measures for: 1 ° the employed persons whose notice begins before January 1, 2012 and which ends or ought to expire after December 31, 2012;
2 ° salaried workers who have agreement with their employer outside the framework of a conventional retirement, before November 28, 2011, for a departure incentive maturing at the earliest at the age of 60, provided that at that time, these workers warrant a career of at least 35 years;
3 ° employed persons who have submitted an application for pension early before November 28, 2011. » Art.
5. in section 109 of the Act, the words "of articles 107 and 108' are replaced by the words" articles 107 to 108".
S. 6. the provisions of articles 2 to 5 are applicable to pensions that take courses effectively and for the first time not earlier than January 1, 2013.
S. 7. This chapter shall enter into force on January 1, 2013.
CHAPTER 3. -Journalists professional art. 8. articles 117 to 118 of the law of 28 December 2011 on various provisions are removed.
S. 9. in article 119 of the Act, «the decrees of November 3, 1969 and July 27, 1971 above» shall be replaced by the words "the royal decree of November 3, 1969, supra.
S. 10. in the same Act, it is inserted an article 119/1 as follows: «art.» 119/1. Each year, the national Office made pension report to the Minister which has pension in charge on the financial situation resulting from the application of the royal decree of 27 July 1971 determining for professional journalists special rules for the opening of the right to the pension and the special application of the royal decree terms no. 50 of 24 October 1967, relating to the retirement and survival of salaried workers pension of the Act of 20 July 1990 establishing a flexible age of retirement for employees and adjusting the pensions of workers employed the evolution of general well-being and 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 statutory pensions.
In consultation with the social partners and after receiving the opinion of the Committee of management of the national pension Office, the King may, based on this report, adapt by Decree deliberated in the Council of Ministers, the provisions laid down in articles 3, § 1, paragraph 1, and 8 of the royal decree of 27 July 1971 supra in order to ensure the balance of the scheme. » Art.
11. in section 120 of the Act, the words 'The provisions of articles 116 to 118' are replaced by the words "the provisions of article 116.
S. 12. This chapter is effective January 1, 2012, with the exception of article 10, which shall enter into force on January 1, 2013.
CHAPTER 4. -Assimilated periods art. 13. in article 122 of the Act of December 28, 2011 bearing of various provisions, the following changes are made: 1 ° the words ' by way of derogation from article 8 of the royal decree No. 50 of 24 October 1967 on retirement and survival of salaried workers pension "are replaced by the words ' without prejudice to article 8 of the royal decree No. 50 of 24 October 1967 on retirement and survival of salaried workers pension";
2 2 ° ° is replaced by the following: "(2 ° to periods of unemployment with complement of business taken before the age of 60 years, with the exception of schemes of unemployment with complement of company made pursuant to the following provisions: a) Chapter VII of the royal decree of 3 May 2007 laying down the rules of unemployment with complement of business;
b) article 3, §§ 1, 3, 6 and 7, of the royal decree of May 3, 2007, supra;
c) article 3, §§ 2, 4 and 5, of the royal decree of May 3, 2007, supra, only for the following months that during which the self-employed person reaches the age of 59 years; ».
S.
14. article 124 of the Act is replaced by the following: «art.» 124. article 122 shall not apply: 1 ° to persons who, before November 28, 2011, have been dismissed or were in the notice, to unemployment with complement of business;
2 ° to people who were on the date of November 28, 2011 in a period of unemployment with addition of business, interruption of voluntary career complete or partial, time credit, credit-time part-time or to a maximum of 1/5 reserved for workers 50 years or more;
3 ° to persons who have requested access to a period of interruption of career or time credit and who meet the following cumulative conditions: a) the employer has received written notice of the worker before November 28, 2011;
(b) the date of receipt of the form by the competent unemployment of the national Office for employment office is located before March 2, 2012;
(c) the date of the period of interruption of career or time credit is located before April 3, 2012. » Art.
15. This chapter is effective January 1, 2012.
CHAPTER 5.
-Disposition confirmatory s. 16. in article 127 of the Act the following changes are made: 1 ° in paragraph 1 the word "118" is repealed;
2 °, paragraph 2 is replaced by the following: "§ § 2 2» The authorization granted to the King by articles 87, 89, 91, paragraph 2, 103, 105, paragraph 4, and 113 expires April 30, 2012. ÷ non-confirmation by the Bill before July 31, 2012, orders made under these articles are supposed to have never produced their effects.
The authorization conferred to the King by articles 116, 119 and 123 expires September 30, 2012. ÷ non-confirmation by the Bill before December 31, 2012, orders made under these articles are supposed to have never produced their effects.
Orders that have been confirmed as provided for in paragraphs 1 and 2, may be repealed, amended, supplemented or replaced by a law. » Art. 17. This chapter is effective January 9, 2012.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 20, 2012.
ALBERT by the King: the Minister of Pensions, V. VAN QUICKENBORNE

Sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives: Documents. -Bill (June 15, 2012), no. 53-2264/1. -Amendments (June 26, 2012), no. 53-2264/2. -Report on behalf of the Committee of affairs social (June 28, 2012), no. 53 - 2264/3. -Text adopted by the commission for foreign social (28 June 2012), no. 53 - 2264/4. -Text adopted in plenary meeting and transmitted to the Senate (July 13, 2012), no. 53-2264/5.
Compte rendu intégral. -13 July 2012.
Senate: Documents. -Project discussed by the Senate (16 July 2012), no. 5-1716/1. -Report on behalf of the Committee of affairs social (17 July 2012), no. 5 - 1716/2. -Decision not to amend (July 19, 2012), no. 5-1716/3.
Annals of the Senate. -19 July 2012.

Related Laws