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24 OCTOBER 2011. - An Act to provide for the permanent funding of pensions for staff members appointed on a final basis from provincial and local governments and local police areas and to amend the Act of 6 May 2002 establishing the Integrated Police Pension Fund and making special provisions for social security and containing various amendments (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Funding of pensions for staff appointed from provincial and local governments and local police areas
CHAPTER 1^er. - Scope and definitions
Art. 2. This title applies:
(1) to provincial and local governments affiliated to the National Social Security Office of provincial and local governments pursuant to section 32 of the coordinated laws of 19 December 1939 relating to family allowances for employees;
(2) the local police zones referred to in Article 9 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
However, this title does not apply to staff appointed on a final basis:
(1) who may claim a dependant pension under the pension plan established by the Act of 28 April 1958 on the pension of staff of certain public interest organizations and their eligible persons;
(2) who may claim a dependant pension from the Public Treasury.
Art. 3. For the purposes of this title, the following must be understood:
1) "ONSSPL": the National Social Security Office of provincial and local governments, referred to in section 1^er Act of 1^er August 1985 on social provisions;
(2) "the common system of local authority pension": the plan to which staff members are permanently appointed from certain provincial and local governments pursuant to section 161, § 1^erParagraphs 1^er and 2, of the new communal law of 24 June 1988;
(3) "the new member's plan": the plan to which members of the staff appointed on a final basis by certain provincial and local governments pursuant to section 2 of the Act of 6 August 1993 relating to the pension of the staff appointed by local governments;
4) "local police zones": communal or communal single areas of the local police referred to in Article 9 of the Law of 7 December 1998 organizing an integrated police service, structured at two levels;
(5) "the Solidarized Pension Fund of the ONSAPL": the solidarized pension plan to which staff members appointed on a final basis from the administrations referred to in section 5 are affiliated under Chapter 3;
6) "SdPSP": the Public Sector Pension Service, referred to in section 3 of the Act of January 12, 2006 establishing the Public Sector Pension Service;
7) "the pension institution": the professional pension institution referred to in section 2, paragraph 1^er, 1°, of the Act of 27 October 2006 relating to the control of professional pension institutions, or the insurance company with which a provincial or local government has entered into a funding agreement and, where appropriate, the administrative management of the pensions of its staff appointed on a final basis and the persons entitled to them.
CHAPTER 2. - Solidarized pension fund of ONSAPL
Art. 4. § 1^er. A Fund known as the "solidarized pension fund of the ONSAPL", is created within the ONSAPL and is managed by it.
§ 2. Reserves that are recorded as of 31 December 2011 in the accounts definitively closed and approved of the ONSAPL as the reserve fund of the common local authority pension plan retain this destination. They may only be used for the purposes provided for in Article 16 (2).
§ 3. It is established within the ONSAPL a Depreciation Fund for the Increase in Pension Contribution Rates, to which all reserves other than those referred to in paragraph 2 are transferred which are registered in the accounts permanently closed and approved of the ONSAPL as at 31 December 2011 and which are legally allocated to the pension of the named agents are intended for the pension sector without being legally allocated to the pension sector.
This fund is also funded by a deduction of 13.07 p.c. on the full amount of the public holiday toll paid from 1^er January 2012 to provincial and local government officials and local police areas to which this title applies.
CHAPTER 3. - Employees and staff members affiliated to the solid pension fund of the ONSAPL
Art. 5. § 1^er. Subject to paragraph 3, are, from the date of entry into force of this Act, ex officio, full and irrevocably affiliated with the Solidarized Pension Fund of the ASAPL:
(1) provincial and local governments that, on the eve of the day on which this Act comes into force, are affiliated with the common local authority pension plan;
(2) provincial and local governments that, on the eve of the day on which this Act comes into force, are affiliated with the Agency's new affiliates plan;
(3) the provincial and local governments that, on the eve of the date of entry into force of this Act, have, for their personnel appointed as a final active pension plan and ensure the financial and/or administrative management of pensions by a pension institution;
(4) the provincial and local governments that, on the eve of the day on which this Act comes into force, have a pension plan for their employees who are appointed as a final activity and are responsible for pension management. This is also the case when the administration has traditionally entrusted the administrative management of pensions to the PSSP;
(5) the local police zones referred to under Part II of the Act of 7 December 1998 organizing an integrated, two-tiered police service;
(6) the regional authorities for regional recipients who, on the eve of the effective date of this Act, are affiliated with the pension plan referred to in (1);
(7) the provinces for liaison officers and brigade commissioners who, on the eve of the effective date of this Act, are affiliated with the pension plan referred to in (1).
§ 2. Any provincial or local government or any local police area that will be created from the date of coming into force of this Act will, from the time it begins to be the employer of staff appointed on a final, ex officio, full and irrevocably affiliated with the Solidarized Pension Fund of the ONSAPL.
§ 3. For provincial and local governments referred to in paragraphs 1^er, 3) or 4), ex officio affiliation to 1^er January 2012 does not become effective if the provincial or local government discloses its refusal by registered letter to the Minister of Pensions before December 15, 2011.
§ 4. In the event of a refusal of affiliation, the share of the reservations to the local administration concerned is made available on a current account on behalf of the local government. At the request of the local government, the reserve will be refunded to the local government for a period of five years. In the meantime, it can be used by the ONSAPL for its cash.
§ 5. A local government that has refused to register on its own in accordance with the terms and conditions set out in paragraph 3 shall thereafter be free to apply for membership in the ASAPL Solidarized Pension Fund. In this case, the contribution rate will be the one in effect at 1^er January of the year of affiliation and will be used for the recovery of current pensions.
Art. 6. The statutory affiliation provided for in Article 5 shall be as follows:
- all staff appointed on a final basis in service who, on the eve of the coming into force of this Act, are affiliated with the pension plans referred to in Article 5, § 1^er(1) to (7), regardless of the situation or administrative position of the staff member at that date;
- all staff members who will be appointed on a final basis in a provincial or local government or a local police area affiliated with the Solidarized Pension Fund of the ONSAPL from the effective date of this Act;
- all persons who, by recruitment, transfer or for any other reason, will obtain, from the date of entry into force of this Act, the status of a staff member appointed as a permanent member of a provincial or local government or a local police area affiliated with the ASAPL Solidarized Pension Fund.
Art. 7. § 1^er. In the event of an official affiliation of a provincial or local administration referred to in Article 5, § 1^er, 3) or 4), the charge of the pension and survival pensions of that administration that were underway on the eve of the affiliation, is, from the latter, totally or partially recovered by the Solidarized Pension Fund of the ONSAPL.
The portion of the current pension charge that is, from the date of entry into force of this Act, taken over by the Solidarized Pension Fund of the ONSAPL is equal to the difference between, on the one hand, the salary mass liquidated by the employer in question for the year of affiliation to its staff appointed on a final basis, multiplied by the rate of the basic pension contribution applicable in 2012 under the pension plan
Pensions in progress on the date of affiliation with the most recent date of taking of courses are taken by priority by the Solidarized Pension Fund of the ONSAPL.
For the purpose of establishing the portion of the pension charge referred to in paragraph 2, the gross amount of the pension paid on the eve of the affiliation shall be taken into account, even when the pension was established in a manner that is more favourable than that provided by the common local authority pension plan.
Where the amount of the pension charge likely to be recovered exceeds the amount of the current pension, the pension quotas, which on the eve of the date of entry into force of this Act were borne by the ex officio affiliated employer, in single pensions granted by other pension plans are taken up to complete the amount to be recovered.
By derogation from paragraph 2, where, on the eve of the date of entry into force of this Act, a number of provincial or local governments participate in a single pension fund or have a common pension fund, the portion of the current pension plan that is being taken up by the Solidarized Pension Fund of the ASAPL is established by the overall pension charge and salary of the personnel appointed by the various participants as if it were a single employer.
§ 2. On-going pensions that are not taken over by the Solidarized Pension Fund of the ONSAPL remain the responsibility of the provincial or local ex officio affiliated administration.
By taking charge of their cost by the provincial or local administration, the charge of unrequested pensions may be the subject of an agreement with the SdPSP or a contingency institution. Otherwise, unpaid pensions will remain paid by the provincial or local government.
CHAPTER 4. - Spending on the solid pension fund of the ONSAPL
Art. 8. The Solidarized Pension Fund of the ONSAPL shall, from the date of entry into force of this Act, support the following pension expenses:
(1) Pensions for former communal police officers who took place before 1^er April 2001 as well as the surviving pensions granted prior to that date to those persons who, on the eve of the date of entry into force of this Act, are supported by the common local authority pension plan, the new member plan of the Agency or the own pension plan of provincial and local governments;
(2) the pension quotas established in accordance with the Act of 14 April 1965 establishing certain relations between the various public sector pension schemes and related to services presumed as communal police in pensions that took place before 1^er April 2001 is the responsibility of any authority or agency other than the common local authority pension plan, the new affiliate plan or the provincial and local government pension plan and, on the eve of the day on which this Act comes into force, is supported by one of these plans;
(3) retirement and survival pensions other than those referred to in (1) which, on the eve of the date of entry into force of this Act, are supported by the common local authority pension plan;
(4) the pension quotas established in accordance with the Act of 14 April 1965 referred to above and relating to services presumed in a capacity other than that of a communal police officer in dependant pensions of a power or agency other than the common pension plan of local authorities which, on the eve of the date of entry into force of this Act, are borne by the common pension plan of local authorities;
(5) retirement and survival pensions other than those referred to in (1) that on the eve of the day on which this Act comes into force are borne by the new affiliates of the Agency;
(6) the pension quotas established in accordance with the Act of 14 April 1965 referred to above and relating to services presumed in a quality other than that of a municipal police officer in dependant pensions of a power or agency other than the regime of the new affiliates of the Agency who, on the eve of the date of entry into force of this Act, are borne by the new affiliates of the Agency;
7) retirement and survival pensions and pension quotas that, from the date of entry into force of this Act, are charged to the Solidarized Pension Fund of the ASAPL pursuant to Article 7, § 1^er;
(8) Pensions granted to former staff in local police areas who have taken place from 1^er April 2001 which, on the eve of the date of entry into force of this Act, are supported by the Integrated Police Pension Fund and survival pensions granted from that date;
9) the pension quotas established pursuant to the law of 14 April 1965 referred to above and relating to services presumed as a member of the staff of a municipal police force or a local police area in dependant pensions of a power or agency other than the Integrated Police Pension Fund that took place from 1^er April 2001, which, on the eve of the date of entry into force of this Act, is supported by the Integrated Police Pension Fund and by quotas in survival pensions granted from that date and relating to such services.
Art. 9. The Solidarized Pension Fund of the ONSAPL shall, from the date of taking the course, bear the following expenses:
(1) the immediate or deferred retirement pensions granted, from the date of entry into force of this Act, to persons who complete their career as a member of the staff appointed on a final basis from a provincial or local government or local police area affiliated with the ASAPL Solidarized Pension Fund and the survival pensions granted on that date to the persons entitled to them;
(2) the assessment of pension benefits granted, from the date of entry into force of this Act, by a pension plan other than the ASAPL Solidarized Pension Fund and related to services provided in a provincial or local government affiliated with that fund or a local police area, as well as the assessment of Survival Pensions granted from that date and relating to such services;
(3) Deferred retirement pensions granted from the date of entry into force of this Act to persons who have completed their career as a member of the appointed staff of a provincial or local government affiliated with the ASAPL Solidarized Pension Fund or a local police area, as well as survival pensions granted, from that date, to persons entitled to such persons;
(4) the assessment granted, from the date of entry into force of this Act, by a pension plan other than the Solidarized Pension Fund of the ASAPL and related to services provided in a provincial or local government or a local police area affiliated to that fund by persons who have completed their career as a member of the staff appointed to a provincial or local government
(5) the transfer of contributions pursuant to sections 4 and 8 of the Act of 5 August 1968 establishing certain relationships between the public-sector pension plans and those of the private sector, which relate to services presumed in a provincial or local government or a local police area affiliated with the ASAPL Solidarized Pension Fund and for which the transfer request is filed from the effective date of this Act;
(6) the dependant funeral allowances of the Solidarized Pension Fund of the RESP liquidated following the death of the beneficiary of a pension that occurs from the date of entry into force of this Act, pursuant to section 6 of the Act of 30 April 1958 amending royal decrees n^bones 254 and 255 of 12 March 1936 unifying the pension plans of widows and orphans of the civil staff of the State and members of the army and gendarmerie and establishing a funeral allowance for the beneficiaries of the state pensioners;
7) the administrative costs of the ASAPL that are related to the collection of contributions under sections 16 to 20. Until the entry into force of the Royal Decree referred to in Article 27, § 1^er, these fees are those referred to in Chapter V of the Royal Decree of 25 October 1985 carrying out Chapter I^er, section 1^ree, the law of 1^er August 1985 on social provisions;
8) the administrative costs of the PSSP that are related to the individual control of the pension and dependency pension records of the SSAPL Solidarized Pension Fund that are managed by a contingency institution. The King sets out the way in which case control is organized, the method of calculating the costs associated with this control, and the date from which such control is organized;
9) amounts transferred pursuant to section 4 of the Act of 10 February 2003 regulating the transfer of pension rights between Belgian pension plans and those of institutions of public international law, which relate to services and periods for which pension rights were constituted by the Solidarized Pension Fund of the ONSAPL.
CHAPTER 5. - Receipts of the solid pension fund of the ONSAPL
Art. 10. The revenues of the ASAPL Solidarized Pension Fund are as follows:
(1) personal and employer pension contributions to which employers referred to in Article 5, § 1^er, 1) to 7) are, from the date of their affiliation with the Solidarized Pension Fund of the ONSAPL, liable to the ONSAPL, pursuant to section 16, for their personnel appointed as a final member of this plan;
(2) pension employer contributions of employers referred to in Article 5, § 1^er, 1) to 7), are, from the date of their affiliation with the Solidarized Pension Fund of the ONSAPL, liable to the ONSAPL, pursuant to section 20;
(3) pension quotas in pensions granted by the Solidarized Pension Fund of the ASAPL which are reimbursed to it by other pension plans pursuant to section 14 of the Act of 14 April 1965 referred to above;
4) transfers of contributions for which the request for transfer to the Solidarized Pension Fund of the RESP is introduced from 1^er January 2012, pursuant to Article 1^er the Act of 5 August 1968 referred to above;
5) contributions made by a staff member of an employer affiliated to the ASAPL Solidarized Pension Fund for the validation of occupational career interruption periods after 1^er January 2012;
(6) the amounts of the additional benefits granted under section 31, paragraph 2 and the burden of which must be borne by the employer;
(7) the deduction of 0.5% from the dependant pension of the Solidarized Pension Fund under section 7, paragraph 2, of the Act of 30 April 1958 referred to above;
(8) the amounts recovered as a result of an undue payment;
9) the amounts paid by an employer who is not affiliated with the Solidarized Pension Fund of the ONSAPL pursuant to section 161bis, § 1^erthe new communal law, as it was written before the repeal by section 54;
10) amounts paid by an employer who is not affiliated with the Solidarized Pension Fund of the ASAPL pursuant to Article 14, § 1^era law of 6 August 1993 referred to above, as it was written before the repeal by section 54;
(11) the correction factors referred to in Article 13;
(12) contributions paid under articles 24, § 1^erand 25, § 1^er;
(13) regularization contributions paid under section 26;
(14) reserves transferred under section 26;
15) the amounts transferred for the establishment of dependant pension rights of the Solidarized Pension Fund of the ASAPL pursuant to section 14 of the Act of 10 February 2003 referred to above.
CHAPTER 6. - Distribution of expenses of the solidized pension fund of ONSAPL
Section 1^re. - The solidized charge covered by the base pension contribution rate
Art. 11. Each year, the ONSAPL proceeds before 1^er September, to an estimate of all expenses referred to in sections 8 and 9 to be borne by the Solidarized Pension Fund of the ONSAPL for each of the following three calendar years and an estimate of revenues referred to in section 10 for the same three years.
At the same time as the estimates referred to in paragraph 1^er, the ONSAPL Management Committee also makes an indicative estimate under paragraph 1^er for the next fourth, fifth and sixth years.
Art. 12. After taking into account the correction factors referred to in Article 13, the ONSAPL Management Committee considers, on the basis of the gross amount referred to in Article 11, paragraph 1^er, the net amount of expenditures that, for each of the following first three calendar years, must be apportioned between provincial and local governments and local police areas affiliated with the Solidarized Pension Fund of the ONSAPL.
Art. 13. The correction factors are:
(1) Annual income of the Amortization Fund for the increase in pension contributions referred to in Article 4, § 3, namely:
- bonuses for increased family allowances of financial income from both the bonus and the RESP Family Allowance Reserve Fund;
- available amounts from the Family Allowance Reserve Fund of the ONSAPL and the Pension Reserve Fund;
- the proceeds of the deduction of 13.07 p.c. applied on the full amount of the public sector holiday toll that, during the year for which the rate is fixed, is paid to provincial and local government officials and local police areas under Article 4, § 3, paragraph 2;
- the proceeds of the deduction which, in the year for which the rate is fixed, shall be paid to the staff appointed permanently from the local police zones pursuant to section 39quater of the Act of 29 June 1981 establishing the general principles of social security of the employed workers on the holiday toll and the Copernic premium;
- regulations covering prior years paid by employers affiliated to the Solidarized Pension Fund of the ONSAPL;
(2) Withdrawal of local government pension expenses that do not result in the application of section 161bis of the new communal law or section 14 of the Act of 6 August 1993 on the pensions of locally appointed staff.
Art. 14. § 1^er. Subject to Article 18, the ONSAPL Management Committee shall, each year, do so before 1^er September, a proposal to the Minister of Basic Pension Rate Pensions for the next third calendar year. The proposed rate is that which is necessary to cover the portion of the amount of expenditures referred to in section 12 to be allocated, on the basis of the principle of solidarity, without taking into account the part covered by accountability between all provincial and local governments and local police areas affiliated with the Solidarized Pension Fund of the ONSAPL. The increase in the rate of contribution over the previous year will be limited to the cost of aging set by the Study Committee on Ageing. In the event of a proposal for an increase in the base contribution rate, the ASAPL Management Committee will verify whether the accountability factor should also be increased and will expressly motivate its proposal.
The basic pension contribution rate is the same for all provincial or local governments and local police areas affiliated with the Solidarized Pension Fund of the ONSAPL. It is expressed in the form of a percentage of the payroll of the staff of the above-mentioned entities who are affiliated with this plan that has been the subject of a final appointment or assimilated by or under the law.
The agent's participation in the ASAPL's solidified pension fund is a personal pension contribution that is an integral part of the basic pension contribution.
The rate of personal contribution referred to in paragraph 3 is identical to that of the contribution provided for in section 60 of the Act of May 15, 1984 on measures of harmonization in pension plans. It is paid to the ONSAPL by the employer at the same time as the basic employer contribution.
Both the personal contribution and the basic pension employer contribution are applied to the baremic salaries as well as other elements of the remuneration that are taken into account in the calculation of pension benefits.
§ 2. The ONSAPL Management Committee also makes a proposal to rate the basic pension contribution for the next fourth, fifth and sixth years for purely indicative purposes.
Art. 15. Further to the proposal of the basic pension contribution rate referred to in Article 14, § 1^er, for the next third calendar year or at the rate set by section 18, the ONSAPL Management Committee makes a proposal as to the portion of the basic pension contribution rate that could be borne by the Reserve Fund of the Common Local Power Pension Plan referred to in Article 4, § 2, for local governments that were affiliated to the pension plan as of December 31, 2011.
For the proposal referred to in paragraph 1^er, the amount of the reserve fund for the common local authority pension plan recorded in the accounts permanently closed and approved by the ONSAPL Management Committee and the Minister who has the Public Sector Pensions in his or her responsibilities as of December 31 of the previous year.
Art. 16. The King shall, by royal decree deliberated in the Council of Ministers:
(1) The base pension contribution rate for the next third calendar year referred to in section 14;
(2) The portion of the rate of the basic pension contribution referred to in section 15 that will be covered by the intervention of the reserve fund of the common local authority pension plan.
Response to basic pension contributions by a provincial or local government referred to in paragraph 1^er, 2) is deducted from the invoice sent by the ONSAPL to the administration.
Art. 17. The rate of the basic pension contribution for the next third calendar year and the portion of the basic pension contribution that will be supported by the Common Local Power Pension Plan Reserve Fund shall be communicated to provincial and local governments no later than 1^er October of the year preceding the first year for which the new rate is applied. This communication, which is made electronically to employers by the ONSAPL, also makes a purely indicative estimate of the base pension contribution rate for the next fourth, fifth and sixth years. It informs of the possibility of making advances and the consequences of the lack of payment.
Art. 18. By derogation from section 14, the basic pension contribution rate is set as follows for the years 2012 to 2016:
(1) For local governments that, on the eve of the effective date of this Act, were affiliated with the common local authority pension plan, the rate of the basic pension contribution to be paid to the Solidarized Pension Fund of the RESP is as follows:
- 2012: 34%
- 2013: 36%
- 2014: 38%
- 2015: 40%
- 2016: 4.5%
(2) For provincial and local governments that, on the eve of the effective date of this Act, were affiliated with the Agency's new affiliates plan, the rate of the basic pension contribution to be paid to the ASAPL's Solidarized Pension Fund is as follows:
- 2012: 41%
- 2013: 41%
- 2014: 41%
- 2015: 41%
- 2016: 4.5%
(3) For provincial and local governments who, on the eve of the date of entry into force of this Act, had their own pension plan personnel in service and provided pension management by a pension institution and those who self-supervised pension management, the basic pension contribution rate to be paid to the Solidarized Pension Fund of the RESP is set out as follows:
(a) If the administration's own predictable pension rate for 2012 is less than 41%:
- 2012: 34%
- 2013: 36%
- 2014: 38%
- 2015: 40%
- 2016: 4.5%
(b) If the administration's own predictable pension rate for 2012 is equal to or greater than 41%:
- 2012: 41%
- 2013: 41%
- 2014: 41%
- 2015: 41%
- 2016: 4.5%
4) For local police areas covered by Title II of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the rate of the basic contribution to be paid to the Solidarized Pension Fund of the ONSAPL is set as follows:
- 2012: 31 per cent
- 2013: 34%
- 2014: 37%
- 2015: 40%
- 2016: 4.5%
Section 2. - Supplementary individual accountability pension contributions
Art. 19. § 1^er. Each year, the ONSAPL Management Committee notes, in the course of the 3^e quarter of the year, the accountability coefficient to be applied for the previous year.
The accountability factor referred to in paragraph 1^er is identical for all provincial and local governments and all local police areas affiliated with the Solidarized Pension Fund of the ONSAPL.
This coefficient is set in such a way that the additional pension employers' contributions due to individual accountability pursuant to section 20 can be fully covered by the difference between:
(a) on the one hand, the contributions received by the Solidarized Pension Fund of the RESP on the basis of the base pension contribution rate established under section 16 and the financing revenues referred to in section 10 other than the contributions for the year under review;
(b) on the other hand, the expenses incurred under sections 8 and 9, by the Solidarized Pension Fund of the ONSAPL for the calendar year in question.
The amounts of revenues and expenditures referred to in (a) and (b) above are those recorded in the accounts of the year considered to be definitively closed and approved by the ONSAPL Management Committee and the Minister who has Public Sector Pensions in his or her responsibilities.
§ 2. If the rate of the basic pension contribution established pursuant to Articles 16 and 18 is as a consequence of the fact that the accountability factor resulting from it is in accordance with § 1^er is less than 50%, the use of the correction factors referred to in section 13 is limited so that the coefficient reaches 50%. The unused party is assigned to the Amortization Fund of the increase in pension contribution rates referred to in Article 4, § 3. In addition, the accountability factor cannot decrease from the previous year and, where appropriate, results in a decrease in the base rate to achieve this result.
Art. 20. Pension contributions, including a provincial or local government or a local police area, are payable under section 16, are subject to a surcharge of pension employer contributions when the employer's own pension rate is higher than the basic pension contribution rate established under section 16.
The actual pension rate referred to in paragraph 1^er, is the relationship between, on the one hand, the pension expenses that the Solidarized Pension Fund of the ONSAPL has incurred in the year under review for the former employees of the employer in question and their rights and, on the other hand, the payroll that corresponds to the remuneration paid for that same year by that employer to its staff appointed as a final member of the Fund.
The surcharge of pension employer contributions referred to in paragraph 1^er corresponds to the amount obtained by applying the coefficient of accountability established under section 19 on the difference between, on the one hand, pension expenses referred to in paragraph 2 and, on the other hand, employer and personal pension contributions due by the employer concerned under section 16 for the year in question.
Derogation from paragraph 1^er, the coefficient of accountability established under section 19 shall be applied to the pension charge and salary of the staff appointed globalized by the various participants as if it were a single employer when section 7, § 1^erParagraph 6 applies.
For employers who, for reasons other than restructurings referred to in sections 24 and 25, no longer hold permanent appointments, the accountability invoice is the charge of pension and survival support, by the ASAPL Pension Fund for the year under review.
Employers who wish to do so may make advances on the amount of additional contributions due by them.
In the event of cash shortages, the pre-financing interests of the ONSAPL are distributed among the responsible employers who have not paid sufficient advances in relation to their individual invoice.
Art. 21. The amount of additional pension employers' contributions due as an individual accountability by a provincial or local government or a local police area is communicated to it in the course of September of the calendar year in which it is to be paid.
The amount of these additional employer contributions must be received on the ONSAPL account no later than December 31 of the invoice year.
Art. 22. § 1^er. For the year 2012, the ONSAPL Management Committee makes a proposal on the part of the other available reserves as referred to in section 23, which will be used, on the one hand, to decrease the rate of the basic pension contribution actually paid by employers in relation to the rate provided for in section 18 and, on the other, to cover a portion of the additional employer pension contributions due by some employers for individual accountability.
For the proposal referred to in paragraph 1^er, an estimate of the available reserves is taken into account. This estimate is based on a reasonable change in the amounts of reserves recorded as of December 31, 2011 in the accounts definitively closed and approved by the ONSAPL Management Committee and the Minister who has the Public Sector Pensions in his responsibilities.
Response to contributions referred to in paragraph 1^er is deducted from the invoice sent by the ONSAPL to the employers concerned and, where applicable, from the invoice provided for in section 21.
§ 2. For the rate of pension contribution payable by employers after 2012, the transaction referred to in paragraph 1^er is repeated if other available reserves are registered as of December 31, 2011 in the accounts definitively closed and approved by the ONSAPL Management Committee and the Minister who has the Public Sector Pensions in his or her responsibilities.
§ 3. The King also sets out by order deliberately in the Council of Ministers the amount of other available reserves that will be used by the year 2012 and the subsequent years.
Art. 23. In light of Article 5, § 4, the other available reservations referred to in Article 22 are:
(1) the family allowances of provincial and local governments and local police areas that have not been allocated pursuant to section 9 of the Act of 6 August 1993 and are registered in the Agency's Pension Reserve Fund on the day before this Act comes into force;
(2) the potential balance of interest on undistributed family allowances that are registered in the Agency's Pension Reserve Fund on the eve of the coming into force of this Act;
(3) the proceeds of the deduction of 13.07 p.c. that were made on the full amount of the public sector holiday toll paid to local government officials in 1993, increased interest therein.
CHAPTER 7. - Provisions applicable in case of restructuring
Art. 24. § 1^er. When, as a result of the transfer of all the activities or activities of a provincial or local government affiliated with the Solidarized Pension Fund of the ASAPL, or the restructuring or removal of such a provincial or local administration, the staff of that administration is transferred to one or more employers that are not affiliated with the Fund, such employers are required to contribute to the pension pension benefits of the members of the provincial administration The same applies to the burden of surviving pension for eligible persons of the above-mentioned personnel or staff of the provincial or local administration who died before the transfer of activities, restructuring or deletion.
The contribution of this or these employers is due from the date of transfer of activities, restructuring or deletion. This contribution is set annually by ONSAPL. It is equal to the amount obtained by multiplying the pension and survival charge referred to in paragraph 1^er and paid during the previous year, by a coefficient equal to the proportion that the salary of the transferred personnel who cease to be affiliated with the Solidarized Pension Fund of the ASAPL represents in relation to the overall salary mass of the provincial or local government at the time of the transfer of activities, restructuring or deletion. For the purposes of this paragraph, only the salaries of staff with final appointments are taken into account. The above coefficient is fixed by the ONSAPL taking into account the respective pay masses on the date of transfer.
§ 2. In the case referred to in paragraph 1^er, the pension or pension quota of the transferred agent, which ceases to be affiliated with the Solidarized Pension Fund of the RESP is, from the date of taking of the pension, the employer's charge to which the employee was transferred. In the event of a pension contribution, the pension is calculated in accordance with the provisions of the Act of 14 April 1965 referred to above.
§ 3. The amounts due pursuant to paragraphs 1^er and 2 remain in charge of the private or public employer referred to in these provisions, where, subsequently transferred personnel are relocated to another private or public employer who does not participate in the ASAPL Solidarized Pension Fund.
§ 4. In order to allow the application of the provisions contained in paragraph 1^er, the provincial or local administration and employers who succeed in all or part of the rights and obligations of the provincial or local administration are required to communicate to the ONSAPL a nominative list of the transferred agents, who have ceased to be affiliated with the Solidarized Pension Fund of the ONSAPL. This communication must be intervened no later than two months after the date of transfer.
Art. 25. § 1^er. The ONSAPL shall notify each employer concerned of the amount of the contribution to it under section 24, § 1^er.
This amount is paid to ONSAPL within two months of notification.
As an allowance for the amount due for the current year, the employer is required to pay each quarter a provision corresponding to the estimated amount of the pension charge for that quarter. This amount is fixed and notified to the employer concerned by the ONSAPL.
§ 2. The amounts due under paragraph 1^er are assimilated to social security contributions for the application of the royal decree referred to in Article 27, § 1^er.
The amounts due under § 1^er are assimilated to social security contributions referred to in Article 1^er, f), the Royal Decree of 25 October 1985 carrying out Chapter 1^erSection 1 of the Law of 1^er August 1985 bringing social provisions to the entry into force of the order referred to in paragraph 1^er.
CHAPTER 8. - Regularization in the event of final appointment of a contracting staff member
Art. 26. § 1^er. Where a provincial or local government or local police area is permanently appointing a contracting staff member who has more than five years of contracting services effectively assigned to that employer, it is liable for a regularization contribution, as provided in §§ 2 to 6.
This contribution is payable for all effective services performed in the employer referred to in paragraph 1^er which are more than five years after the date on which the occupation began as a member of the contractual staff.
§ 2. The amount of the regularization contribution is equal to the difference between:
(a) on the one hand, personal and employer contributions for the financing of the pension in the legal pension plan that, following its appointment, becomes applicable to the agent appointed on a final basis and to the financing of the surviving pension of the persons entitled to such agents. For employers affiliated with the Solidarized Pension Fund of the ONSAPL, it is only personal and employer contributions due under section 16;
(b) on the other hand, the personal and employer contributions referred to in article 38, § 2, 1 and § 3, 1 of the law of 29 June 1981 referred to above.
The personal and employer contributions referred to in (a) and (b) are calculated taking into account:
- the remuneration that has been reported to the social security organization that has received contributions for the legal pension of the contracting staff member, excluding the holiday pay and the year-end premium;
- the rate of personal and employer contributions for the financing of the legal pension that would have been applied on the date of each payment of the remuneration if the contracting staff member had been appointed definitively in the same position in the same public employer;
- the rate of personal and employer contributions referred to in article 38, § 2, 1 and § 3, 1 of the law of June 29, 1981 establishing the general principles of social security of employed workers of application on the date of each payment of remuneration.
§ 3. In the event of a final appointment, the rights of the affiliate to the reserves and benefits acquired as well as to the amounts guaranteed under Article 24, § 2, of the Act of 28 April 2003 on supplementary pensions and the tax system of the supplementary pensions and certain additional benefits in respect of social security, which relate to the contractual services taken into account in the public sector pension, are annulled.
§ 4. Reservations made on the basis of the coming into force of this Act by the employer and related to contractual services resulting in the payment of a regularization contribution are transferred to the organization that receives contributions for the financing of the legal pension plan that, following its appointment, becomes applicable to the named agent.
The transferred reserves are primarily affected by this regulation. The contingent surplus is set aside and used for the payment of pension contributions due to the Solidarized Pension Fund for the period after the final appointment.
§ 5. The amount referred to in paragraph 2 and the reserves referred to in paragraph 4 shall be received by the LSAPL no later than the last day of the third month following the date of the final appointment decision.
§ 6. The regularization contribution provided for in paragraph 1^er is payable to staff members who are appointed on a final basis from 1^er January 2012. The five-year period provided for in paragraph 1^er takes courses from that date.
Art. 27. § 1^er. The King provides for the manner in which pension contributions due under articles 16, 18, 20, 24, 25, 26 and 38 are collected and recovered.
It also sets out the amount and conditions for the application of the increase and the default interest in the event of non-compliance with the payment deadlines, as well as the rules that may be waived from the application of these delay increases or interest.
The claims of the ONSAPL relating to the amounts due under Articles 16, 18, 20, 24, 25, 26 and 38 are prescribed by three years from the date of their due diligence. In the case of application of sections 24 and 25, the date of the requirement is that of the notification.
The shares in the recovery of the above-mentioned undue amounts are prescribed by three years from the date of their payment.
§ 2. The sums due under articles 16, 18, 20, 24, 25, 26 and 38 are assimilated to social security contributions and the provisions of Chapter II of the Royal Decree of 25 October 1985 implementing Chapter I^er, section 1^re Act of 1^er August 1985, bringing social provisions to them until the entry into force of the order referred to in paragraph 1^er.
CHAPTER 9. - Perception of pension contributions and administrative pension management
Art. 28. Revenues referred to in 10, 1), 2), 4), 9), 10), 11), 12), 13) and 14) are collected by ONSAPL regardless of the organization to which the administrative management of pensions has been entrusted under section 29.
Art. 29. § 1^er. The award, management and payment of pension and dependency benefits from the Solidarized Pension Fund of the ONSAPL, which will take place from the date of entry into force of this Act, shall be entrusted by a decision of the provincial or local government either to the Public Sector Pension Service or to a contingency institution.
The provincial or local administration's decision to entrust the administrative management of pensions either to the PSSP or to a pension institution or to no longer entrust it to the pension institution must be served on the PSSA by registered letter to the position no later than September 30 to produce its effects on September 1^er January of the following year.
§ 2. The administrative management of retirement and survival pensions for local police personnel, provincial and local governments who, on the eve of the date of coming into force of this Act, were affiliated with the common local authority pension plan or the new Agency affiliate plan and who had entrusted administrative management to the PSPS, remains entrusted to this service.
The administrative management and payment of pension and survival pensions for the new NEB affiliates plan, which, on the eve of the effective date of this Act, were carried out by a contingency institution, shall remain the responsibility of the Agency.
Provincial and local governments who, on the eve of the date of entry into force of this Act, had a pension plan for their permanent-appointed in-service staff and provided for the management of pensions by a pension institution and who are ex officio members of the Solidarized Pension Fund of the ASAPL may continue to entrust the management and payment of such pensions to that pension institution.
Art. 30. The ONSAPL pays the provisions that are necessary for the payment of the monthly dependant pension amounts of the ONSAPL Solidarized Pension Fund in advance and monthly, to the Public Sector Pension Service and to the pension institutions.
Art. 31. The dependants of the Fonds de pension solidarisé de l'ONSSAPL, are established in accordance with the provisions of the Act of 7 March 1978 to allow the premature pension of certain communal secretaries and non-recognized communal receivers in the same quality in the municipalities arising from a merger or affected by an annexation, as well as certain secretaries and receivers of the peripheral federations, in communal articles 156 to 160 of the Nouvelle
If the affiliation with the Solidarized Pension Fund of the ONSAPL is, therefore, that the pension of a former staff member is less than that which would have resulted from the application of the provisions of the pension plan applicable to him at the time of the affiliation, the employer may, as a result, grant a supplementary benefit in respect of his or her dependant pension.
The pension management organization conducts a double calculation of the pension. The difference between the amount of the pension calculated on the basis of the applicable preferential plan prior to the affiliation and the amount dependant on the Solidarized Pension Fund of the ONSAPL is dependent on the employer.
Art. 32. A provincial or local government may, as part of an insurance agreement, entrust payment of all pension contributions to the basic pension contribution rate and supplementary pension contributions due to individual accountability to a pension institution. The Provident Institution is resuming obligations relating to this payment with respect to the ONSAPL. For these sums, it replaces the provincial or local administration for the application of the royal decree referred to in Article 27, § 1^eror the provisions of Chapter II of the Royal Decree of 25 October 1985 referred to above.
The provincial or local administration's decision to entrust or no longer entrust the payment of contributions to a contingency institution must be served by registered letter to the position no later than September 30 to produce its effects on September 1^er January of the following year.
PART 3. - Provisions applicable to federal police and general inspection
CHAPTER 1^er. - Scope and definitions
Art. 33. This title applies to the federal police and to the general inspection of the federal police and local police.
Art. 34. For the purposes of this title, the following must be understood:
1) "ONSSAPL": the National Social Security Office of provincial and local governments referred to in section 1^er Act of 1^er August 1985 on social provisions;
(2) "Federal Police": the federal police referred to in section 2, 2°, of the Act of 7 December 1998 organizing an integrated police service, structured at two levels;
(3) "the general inspection of the police": the general inspection of the federal police and the local police referred to in section 2, 3, of the Act.
CHAPTER 2. - Amendments to the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions
Art. 35. The "Integrated Police Pension Fund" created by section 3 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions is transformed into a "Federal Police Pension Fund" to which the federal police and the general police inspection are fully and irrevocably affiliated.
Art. 36. Section 3 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions, as amended by the Act of 12 January 2006, is replaced by the following provision:
“Art. 3. The Federal Police Pension Fund is responsible for:
(a) the retirement pensions of former members of the gendarmerie and other members of the police services who receive a public treasury pension that took place before 1^er April 2001 and the surviving pensions granted prior to that date to the persons entitled to these staff members who are still in charge of the Public Treasury as of December 31, 2011;
(b) the pension quotas established pursuant to the Act of 14 April 1965 referred to above in pension or survival pensions granted by a pension plan other than the Consolidated Revenue Fund and related to services provided to the gendarmerie or another police service whose members may claim a dependant pension from the Public Treasury that took place before 1^er April 2001 and survival pensions granted prior to that date and related to such services, which are still in progress as at 31 December 2011;
(c) Pensions granted from 1^er April 2001 to persons who, before that date, have completed their career as a final agent in one of the qualities defined below, as well as survival pensions granted from 1^er April 2001 to persons who have the right of persons who, before that date, have completed their career as a final agent in one of the qualities defined below and are still in progress as of December 31, 2011:
1st member of the operational or special police personnel of the gendarmerie;
2° military designated to serve in the administrative and logistical corps of the gendarmerie;
3° police officer in the maritime police;
4° police officer in the aviation police;
5° police officer in the railway police;
6° Police officer in the Investigation Department of the Supervisory Committee;
7° police officer in the youth police;
8° police officer in the judicial police near the prosecutors;
9° civil of the administrative and logistical corps of the gendarmerie or the judicial police near the prosecutors;
(d) Pensions granted from 1^er January 2012 to persons who, before 1^er April 2001, completed their career as a final agent in one of the qualities defined in point (c) and survival pensions granted from 1^er January 2012 to persons entitled to persons who, before 1^er April 2001, completed their career as a final agent in one of these defined qualities;
(e) the retirement pensions of federal police personnel referred to in section 2, 2°, of the Act of 7 December 1998 organizing an integrated, two-tiered police service and staff of the general inspection of the federal police and the local police referred to in section 2, 3°, of the Act that took place from 1^er April 2001 as well as survivors ' pensions, from that date, granted to those staff members who are still in progress as at 31 December 2011;
(f) the assessed contributions established pursuant to the Act of 14 April 1965 referred to in pension or survival pensions granted by a pension plan other than the Federal Police Pension Fund and related to services as members of federal police personnel or the general inspection of the federal police and local police, which took place from 1^er April 2001 and in survivors ' pensions granted from that date and related to such services, which are still in progress as at 31 December 2011;
(g) the retirement pensions of federal police personnel referred to in section 2, 2°, of the Act of 7 December 1998 organizing an integrated, two-tiered police service and staff of the general inspection of the federal police and the local police referred to in section 2, 3°, of the Act that take place from 1^er January 2012 as well as survivors ' pensions, from that date, to the beneficiaries of these staff members;
(h) pension quotas established pursuant to the Act of 14 April 1965 establishing certain relationships between the various public-sector pension plans and services provided in one of the above-mentioned qualities for dependants of a government or agency other than the Federal Police Pension Fund;
(i) compensation for funeral expenses that relate to dependant pension of the Fund, paid under section 6 of the Act of 30 April 1958 amending Royal Decrees^bones 254 and 255 of 12 March 1936 unifying the pension plans of widows and orphans of the civil staff of the State and members of the army and gendarmerie and establishing a funeral allowance for the beneficiaries of the state pensioners;
(j) late interest;
(k) the administrative costs of the ASAPL that are related to the collection of contributions under section 5. Until the entry into force of the Royal Decree referred to in Article 27, § 1^er of the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed from provincial and local governments and local police zones, amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amendments, these costs are those covered in chapter V of the Royal Decree of 25 October 1985, which is the execution of chapter I^er, section 1^reof the law of 1^er August 1985 with social provisions. »
Art. 37. Section 5 of the Act of 6 May 2002 referred to above is replaced by the following provision:
“Art 5. The Federal Police Pension Fund is powered by the proceeds of a global contribution that includes a personal contribution and a employer contribution.
The overall rate of assessment is equal to the percentage of the estimated net dependant expenses of the Fund for the year in question, and the estimated amount for that same year of the payroll of members of the federal police and of the general inspection of the federal police and the local police who have been the subject of a final appointment or an appointment assimilated by the Act or under the terms of the Act.
The officer's participation in the federal police pension fund consists of a personal pension contribution that is an integral part of the overall contribution.
The rate of personal contribution referred to in paragraph 3 is identical to that of the contribution provided for in section 60 of the Act of May 15, 1984 on measures of harmonization in pension plans. This assessment is based on the salary of the appointed personnel referred to in paragraph 2 as well as other elements of the remuneration involved in the calculation of the pension. It is paid to the ONSAPL by the employer at the same time as the employer contribution.
The employer contribution rate is equal to the difference between the rate of the overall contribution and the rate of the personal contribution. This employer contribution is based on the same compensation elements as defined in paragraph 4. »
Art. 38. The contributions referred to in section 5 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and making special social security provisions are collected by ONSAPL.
Art. 39. The ASAPL provides the necessary provisions for the payment of the monthly dependant pension amounts of the Federal Police Pension Fund, in advance and monthly, to the Public Sector Pension Service.
PART 4. - Various amendments
Art. 40. Article 6, § 5, of the Act of 30 April 1958 amending Royal Decrees^bones 254 and 255 of 12 March 1936 unifying the pension plans of widows and orphans of the civil staff of the State and the members of the army and gendarmerie and establishing a funeral allowance for the beneficiaries of the state pensioners, inserted by the law of 6 May 2002, the words "in charge of the Integrated Police Pension Fund. are replaced by the words "dependant of the Federal Police Pension Fund or dependent on the Solidarized Pension Fund of the ONSAPL".
Art. 41. Article 1^erParagraph 1^erof the Act of 14 April 1965 establishing certain relations between the various public sector pension plans, as amended by the Acts of 4 June 1976, 22 February 1998, 6 May 2002 and the Royal Decree of 28 April 1999 is supplemented by the following provision:
"h) the Solidarized Pension Fund of the ONSAPL. »
Art. 42. Article 1^erParagraph 1^er, of the Act of 4 July 1966 granting a holiday toll and a supplementary to the holiday toll to the public service pensioners, as amended by the laws of 4 June 1976 and 6 May 2002 and the Royal Decree of 18 October 2004, is supplemented by the following provision:
"h) of the Solidarized Pension Fund of the ONSAPL. »
Art. 43. Article 1^er of the Act of 5 August 1968 establishing certain relations between public and private sector pension schemes, is replaced by the following provision:
“Art. 1^er. § 1^er. In the event of a final appointment of a worker as a member of the contracting staff, a public employer is required to inform the organization that manages the statutory public sector pension plan that, following its appointment, becomes applicable to the agent appointed on a final basis. This communication must intervene before the expiration of the month following the month in which the act of appointment intervened.
When, following the final appointment referred to in paragraph 1^er, services that have given rise to a subjugation to the pension plan of employees become eligible for the establishment of the right to a dependant pension of the ASAPL Solidarized Pension Fund, the information referred to in paragraph 1^er must be communicated to the ONSAPL both when the administrative management of pensions is carried out by the SdPSP and when it is carried out by a pension institution.
§ 2. In case of application of paragraph 1^er, the National Pension Board is discharged from any obligation to the persons concerned and their beneficiaries in respect of the services in question. However, the National Board of Pensions is required to transfer the personal and employer contributions referred to in section 38, § 2, 1 and § 3, 1 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, which are applied on the date of each payment of remuneration to the body that manages the legal pension plan of the public sector that, following its appointment, becomes applicable to the appointed officer in a final capacity.
The National Pension Board transfers the contributions to the PSSA as long as the administrative pension management is performed by the PSSP and when it is performed by a pension institution.
The amount set out in paragraph 1^er is transmitted by the National Pension Board to the organization referred to in paragraph 1^er or ONSAPL no later than the last day of the third month following that in which the communication referred to in paragraph 1^er intervened. In the event of late payment, the penalties, increases and delayed interest in the event of late payment of contributions by the pension plan that becomes applicable to the agent as a result of his or her final appointment are applied. »
Art. 44. Article 1^er of the Act of 5 August 1968 establishing certain relations between the public sector pension plans and those of the private sector, as amended by section 43, is applicable to all requests for the transfer of contributions made from 1^er August 2011.
Art. 45. to Article 1^erParagraph 1^erthe following amendments are made to the Act of 9 July 1969 amending and supplementing the legislation relating to the retirement and survival of public sector workers, replaced by the Act of 25 April 2007:
(a) the 2° is replaced by the following:
"2° the federal police pension fund";
(b) the 5 ° is repealed;
(c) 6° is replaced by the following:
"6° the Fonds de pension solidarisé de l'ONSSAPL".
Art. 46. In Article 1^erParagraph 1^er, of the Act of 10 January 1974 regulating the eligibility of certain services and periods assimilated to service activity for the granting and calculating of the public treasury pension, replaced by the Act of 6 May 2002 and amended by the Act of 28 December 2006, the words "or the Integrated Police Pension Fund" are replaced by the words "the Integrated Police Pension Fund or the Solidarized Pension Fund".
Art. 47. Article 58, paragraph 1^erthe Act of 24 December 1976 on budget proposals 1976-1977, as amended by the Acts of 6 May 2002, 4 March 2004 and 13 December 2010, is supplemented by the following provision:
"j) the Solidarized Pension Fund of the ONSAPL".
Art. 48. Article 38, paragraph 1^er, 2°, of the law of 5 August 1978 of economic and budgetary reforms, amended by the laws of 8 August 1980, 6 May 2002, 4 March 2004, and 13 December 2010, and Royal Decree No. 51 of 2 July 1982, is supplemented by the following provision:
"i) the Solidarized Pension Fund of the ONSAPL".
Art. 49. Article 1^erParagraph 1^er, 1°, of Royal Decree No. 206 of 29 August 1983 regulating the calculation of public sector pension for incomplete benefit services, as amended by the law of 6 May 2002, is supplemented by the following provision:
"(g) of the Solidarized Pension Fund of the ONSAPL".
Art. 50. Article 1^er, 2°, of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on pensions of public service officers, as amended by the Act of 6 May 2002, is supplemented as follows by the following provision:
"(i) of the ONSSAPL Solidarized Pension Fund".
Art. 51. Article 118, § 1^erthe following amendments are made to the Act of 26 June 1992 amending the Act of 6 May 2002:
1° 1° is completed by the following provision:
"(g) the Solidarized Pension Fund of the ONSAPL".
2° in 2°, the words "or the Integrated Police Pension Fund; "are replaced by words", the Federal Police Pension Fund or the Solidarized Pension Fund of the ONSAPL".
Art. 52. Article 1^er, 2°, of the Act of 5 April 1994 regulating the accumulation of public sector pensions with revenues from the exercise of a professional activity or with a replacement income, as amended by the Act of 6 May 2002, is supplemented as follows:
"j) of the Solidarized Pension Fund of the ONSAPL".
Art. 53. Section 2, 2°, of the Act of 12 August 2000 on social, budgetary and other provisions, as amended by the Act of 6 May 2002, is supplemented by the following provision:
"(f) of the Solidarized Pension Fund of the ONSAPL".
PART 5. - Final provisions
CHAPTER 1^er. - Abrogatory provisions
Art. 54. Are repealed:
1° ) articles 161 to 169 of the New communal law;
2° ) the Act of 6 August 1993 on the pensions of locally appointed staff;
3° ) Sections 6 to 9 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions.
CHAPTER 2. - Transitional provisions
Art. 55. The provisions of sections 161bis, 161ter and 161quater of the New communal law, as enacted before repeal by section 55, shall remain applicable to the transfer of personnel that occurred prior to the coming into force of this Act.
The provisions of sections 14, 14bis and 15 of the Act of 6 August 1993 relating to the pension of the appointed personnel of the local authorities, as they were denominated before their repeal by section 55, remain applicable to the transfer of personnel that occurred prior to the coming into force of this Act.
CHAPTER 3. - Entry into force
Art. 56. This Act comes into force on 1^er 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 on 24 October 2011.
ALBERT
By the King:
Minister of Pensions and Major Cities,
Mr. DAERDEN
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Chamber documents:
Doc 53 1770/(2010/2011):
001: Bill.
002: Report.
003: Text corrected by commission.
004: Text adopted in plenary and transmitted to the Senate.
See also:
Full report: 13 October 2011.
Documents of the Senate:
5-1271 - 2011/2012:
No. 1: Project not referred to by the Senate.