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)

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20 JULY 2012. - An Act to amend the Act of 28 December 2011 on various provisions relating to the pension of employed workers and to introduce new transitional measures for the early retirement pension of employed workers (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Early pension
Art. 2. In section 4 of the Royal Decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the Royal Decree of 21 March 1997 confirmed by the law of 26 June 1997, by the Royal Decree of 23 April 1997 confirmed by the law of 12 December 1997, and by the laws of 27 December 2004 and 28 December 2011, are inserted the following 3bis
§ 3bis. Derogation from paragraphs 1er and 2, the interested person, who was born before 1er January 1956, which proves, as of December 31, 2012, a career of at least 32 calendar years as defined in paragraph 2, may, at its request, take its early retirement pension as early as 1er the day of the month following the month in which he attains the age of 62 as long as he proves a career of at least 37 calendar years as defined in paragraph 2.
§ 3ter. Derogation from paragraph 1er2°, the age for pension taking place in January 2014 is fixed in accordance with paragraph 1er1°. By derogation from paragraph 2, 2°, the condition of career required for pensions taking place in January 2014 is fixed in accordance with paragraph 2, 1°.
Derogation from paragraph 1er3°, the age for pension taking place in January 2015 is fixed in accordance with paragraph 1erTwo. By derogation from paragraph 2, 3°, the required career condition for pensions taking place in January 2015 is set in accordance with paragraph 2, 2°.
Derogation from paragraph 1er4°, the age for pension taking place in January 2016 is fixed in accordance with paragraph 1erThree.
§ 3quater. A person who, at any time, meets the age and career conditions referred to in paragraphs 1er at 3ter, retains the right to precipitate the pension at a later date, regardless of the effective date of the pension. »
Art. 3. In the Act of 28 December 2011 on various provisions, an article 107/1 is inserted as follows:
“Art. 107/1. A person who, as of December 31, 2012, meets the age and career conditions for an early retirement pension, as set out in section 4 of the above-mentioned Royal Decree of December 23, 1996, as in force before its amendment by section 107 of this Act, shall retain the right to precipitate his or her pension at a later date, no later than the effective date of the pension. »
Art. 4. Section 108 of the Act is replaced by the following:
"Art. 108. The King shall, by order deliberately in the Council of Ministers, take transitional measures to:
1° Employee workers whose notice begins before 1er January 2012 and ending or should have ended after December 31, 2012;
2° Employees who have entered into a contract with their employer outside the framework of a conventional prepension, before November 28, 2011, an early departure agreement that expires at the age of 60, provided that at that time, these workers justify a career of at least 35 years;
3° Employee workers who filed an early pension application before 28 November 2011. »
Art. 5. In section 109 of the Act, the words "sections 107 and 108" are replaced by the words "sections 107 to 108".
Art. 6. The provisions of articles 2 to 5 shall apply to pensions that are actually taking place and for the first time not earlier than 1er January 2013.
Art. 7. This chapter comes into force on 1January 2013.
CHAPTER 3. - Professional Journalists
Art. 8. Sections 117 to 118 of the Act of 28 December 2011 on various provisions are withdrawn.
Art. 9. In section 119 of the Act, the words "the royal decrees of 3 November 1969 and 27 July 1971 referred to above" are replaced by the words "the royal decree of 3 November 1969 referred to above."
Art. 10. In the same Act, an article 119/1 is inserted as follows:
“Art. 119/1. Every year, the National Board of Pensions reports to the Minister who has the Pensions in his duties on the financial situation resulting from the application of the royal decree of 27 July 1971 determining for professional journalists the special rules for the opening of the right to pension and the special procedures for the application of the royal decree no. 50 of 24 October 1967, relating to the pension and survival of employees, of the law of 20 July 1990
In consultation with social partners and after the advice of the Administrative Committee of the National Board of Pensions, the King may, on the basis of this annual report, adapt by order deliberately in the Council of Ministers the provisions provided for in Articles 3, § 1erParagraph 1er and 8 of the aforementioned Royal Decree of 27 July 1971 to ensure the financial balance of the regime. »
Art. 11. In section 120 of the Act, the words "The provisions of sections 116 to 118" are replaced by the words "The provisions of section 116".
Art. 12. This chapter produces its effects on 1er January 2012, with the exception of section 10 that comes into force on 1er January 2013.
CHAPTER 4. - Assimilated periods
Art. 13. In section 122 of the Act of 28 December 2011 on various provisions, the following amendments are made:
1° the words "by derogation from Article 8 of Royal Decree No. 50 of 24 October 1967 concerning the pension and survival of employed workers" are replaced by the words "without prejudice to Article 8 of Royal Decree No. 50 of 24 October 1967 concerning the pension and survival of employed workers";
2° the 2° is replaced by the following:
"2° to periods of unemployment regime with additional enterprise taken before the age of 60, with the exception of unemployment schemes with additional enterprise implemented the following provisions:
(a) Chapter VII of the Royal Decree of 3 May 2007 establishing the unemployment regime with additional enterprise;
(b) Article 3, §§ 1er3, 6 and 7, of the Royal Decree of 3 May 2007 referred to above;
(c) Article 3, §§ 2, 4 and 5, of the Royal Decree of 3 May 2007, referred to above, only for the following months when the employee reaches the age of 59; "
Art. 14. Section 124 of the Act is replaced by the following:
"Art. 124. Section 122 is not applicable:
1° to persons who, before November 28, 2011, were terminated or were on notice for the unemployment plan with an additional company;
2° to persons who were on the date of November 28, 2011 in a period of unemployment regime with company supplement, complete or partial voluntary career interruption, credit-time, credit-time to mid-time or up to 1/5 reserved for employees aged 50 or over;
3° to persons who have requested access to a period of career interruption or credit-time and who meet the following cumulative conditions:
(a) the employer received the written notice of the worker before November 28, 2011;
(b) the date of receipt of the form by the competent unemployment office of the National Employment Office is before 2 March 2012;
(c) the day on which the period of career interruption or credit-time takes place before April 3, 2012. »
Art. 15. This chapter produces its effects on 1er January 2012.
CHAPTER 5. - Confirmative provision
Art. 16. In section 127 of the Act the following amendments are made:
1° in paragraph 1er the word "18" is repealed;
Paragraph 2 is replaced by the following:
“§2. The authorization conferred on the King by articles 87, 89, 91, paragraph 2, 103, 105, paragraph 4, and 113 expires on 30 April 2012. ÷ lack of confirmation by law before July 31, 2012, orders made under these articles are supposed to have never produced their effects.
The authorization granted to the King by Articles 116, 119 and 123 expires on 30 September 2012. ÷ lack of confirmation by law 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 1erand 2, may only be repealed, amended, supplemented or replaced by a law. »
Art. 17. This chapter produces its effects on 9 January 2012.
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, 20 July 2012.
ALBERT
By the King:
Minister of Pensions,
VAN QUICKENBORNE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives:
Documents. - Bill (15 June 2012), No. 53-2264/1. - Amendments (26 June 2012), No. 53-2264/2. - Report on behalf of the Social Affairs Committee (28 June 2012), No. 53-2264/3. - Text adopted by the Social Affairs Committee (28 June 2012), No. 53-2264/4. - Text adopted in plenary and transmitted to the Senate (13 July 2012), No. 53-2264/5.
Full report. - 13 July 2012.
Senate:
Documents. - Project summoned by the Senate (16 July 2012), No. 5-1716/1. - Report on behalf of the Social Affairs Committee (17 July 2012), No. 5-1716/2. - Decision not to amend (19 July 2012), No. 5-1716/3.
Annales of the Senate. - 19 July 2012.