Posted the: 2005-10-06 Numac: 2005022826 FEDERAL social security PUBLIC SERVICE September 17, 2005. -Law establishing an assessment of equalization for pensions (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Chapter I. -Measures for holiday pay of contract agents in the public sector art. 2. article 39ter of the law of 29 June 1981 laying down the General principles of social security for wage-earners, repealed by Act of 4 May 1999, was re-established in the following wording: «art.» 39ter. A deduction equal to the total of the contribution rates set out in article 38, paragraph 2, is operated by:-federal legislative assemblies;
-the administrative public service as defined in article 1 of the law of 22 July 1993 laying down certain measures for public service;
-services which provide for the payment of the remuneration of the staff of the integrated police and the army;
-organizations to which applies the royal decree No. 117 of 27 February 1935 establishing the status of the pensions of the staff of autonomous public institutions and authorities imposed by non-target State above.
-Federal agencies covered by the Act of 28 April 1958 the pension of the members of the staff of selected agencies of public interest and their privies not covered above;
-the federal public interest organizations covered by the Act of 16 March 1954 control of some non-target public interest above organizations;
-the non-autonomous public undertakings above;
-other federal organizations, regardless of the legal form under which they were established, in which Governments assume a leading role;
-the courts and tribunals;
-the Court of Auditors;
-the Council of State;
-the Court of arbitration;
This deduction is taken: a) on the holiday pay granted to members of the contract staff referred to in paragraph 1;
(b) on the award-winning Copernicus granted to certain members of the contract staff referred to in paragraph 1;
(c) on the restructuring premium given to contractual personnel referred to in paragraph 1.
» Art. 3. article 22 § 2, has), Act of June 29, 1981, is complemented by the following indent: "-the product of the deduction referred to in article 39ter.
CHAPTER II. -Measures for holiday pay of officers appointed permanently in the public sector art.
4. an article 39quater, worded as follows, shall be inserted in the Act of 29 June 1981: «art.» 39quater. § 1. A deduction equal to the total of the contribution rates set out in article 38, paragraph 2, is made for staff members appointed to definitive title of the bodies and authorities referred to in article 39ter. It is same for the Governors of the provinces, mayors, aldermen, the Chairmen of the public social welfare Centres and the Ministers of religion.
This deduction is taken: a) on the holiday pay granted to the agents referred to in paragraph 1;
(b) the premium Copernicus granted to officials of the administrations of the State referred to in article 1;
(c) on the restructuring premium granted to certain military personnel referred to in paragraph 1.
2. The product of the deduction referred to in paragraph 1 is assigned to the balance of pension fund.
The product of the deduction referred to in paragraph 1 must reach the Fund for the balance of pension to no later than the fifth working day following the day of payment to the interested persons of the benefit subject to withholding.
If the employer remains in default to comply with the obligation laid down in paragraph 2, it is de jure liable to the public Treasury of interest on unpaid amounts. These interests, whose rate is at any time equal to the rate of increased legal interest of 2 p.c., began run the sixth business day following the day of payment to the interested persons of the benefit subject to withholding.
The product of these interests is assigned to the balance of pension fund. » Art.
(5. in the table annexed to the Act of 27 December 1990 creating budgetary funds, next item '21-3 Fund for the balance of the pension plans' the following changes are made: 1 °) column 2 'Assigned revenue Nature' is supplemented as follows: «3 °) deduction referred to in article 39quater of the law of 29 June 1981 laying down the General principles of social security for workers. "
2 °) the third column 'Nature of the expenditures' is supplemented as follows: «5 °) refund of withholding unduly levied pursuant to article 39quater of the law of 29 June 1981 laying down the General principles of social security for workers.»
S. 6. article 6, § 3, paragraph 1 of the law of May 6, 2002, establishing the the pension funds of the police integrated and specific provisions on social security, is completed as follows: 'it is the same deduction from the award-winning Copernicus laid down by the royal decree of 16 January 2003 granting a premium Copernicus to certain members of staff in the administrative and logistics of the integrated police structured on two levels. » CHAPTER III. -Measures paid by local authorities Arts holiday pay 7. the article 1, § 2, of the Act of 1 August 1985 concerning social provisions, is completed as follows: «(9 ° withholding due pursuant to article 39quater, § 1, c), of the aforementioned law of 29 June 1981.»
The product of this withholding tax is paid to the balance of pension fund. » Art.
8. paragraph 1 of article 10, § 1, of the staff appointed local government pension Act of 6 August 1993 is replaced by the following provisions: "is hereby established within the Office an equalization of the rate of contributions pension fund. This Fund is powered by a deduction of 13.07 BW performed on the full amount of the holiday pay public sector paid servants of local governments. ' CHAPTER IV. -Entry into force art. 9. this Act comes into force on January 1, 2005.
Promulgate this Act, order that it be under seal of State and published by le Moniteur.
Given in Brussels, September 17, 2005.
ALBERT by the King: the Minister of Pensions, B. TOBBACK. the Minister of Social Affairs, R. DEMOTTE sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) House of representatives.
Documents: Doc 51 1444 /(2004/2005): 001: Bill. -002: Errata. -003: Report. -004: Amendments. -005: Report. -006: Notice of the State Council. -007: Text adopted in plenary meeting and transmitted to the Senate.
See also: full report: April 28, 2005.
Documents: 3-1166-2004/2005: No. 1: project referred by the Senate. -No. 2: amendments. -No. 3: report. -No 4: amendments. -No 5: report. -N ° 6: text amended by the commission. -No 7: The text amended by the Senate and returned to the House of representatives.
See also: annals of the Senate: June 2, 2005, House of representatives.
Documents: Doc 51 1444 / (2004-2005): 008: draft amended by the Senate. -009: Report. -10: The text adopted in plenary meeting and submitted to Royal assent.
See also: full report: June 23, 2005.