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11 DECEMBER 2003. - Law concerning the taking by the Belgian State of the legal pension obligations of an anonymous public law company Belgacom vis-à-vis its statutory personnel (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER I^{er. -} Definitions
Art. 2. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° Belgacom: the public law company Belgacom;
2° "the state": the Belgian state;
3° "the Pension Fund": the "Pension Fund for Statutory Staff Pensions of the Anonymous Public Law Company Belgacom", whose head office is established at 1030 Brussels, boulevard du Roi Albert II 27, created by the Royal Decree of 10 April 1995 implementing section 59/6 of the Act of 21 March 1991 on reform of certain economic public enterprises;
4° "the law of control": the law of 9 July 1975 on the control of insurance companies;
5° the "PTS" program: the regime as created by the Royal Decree of 18 June 1997 establishing a temporary pre-retirement leave regime for certain members of the statutory staff of the public law company Belgacom, taken under Article 3, § 1^er6° of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union;
6° the "BeST" program: the regime as created by collective agreement, "Rules for the Management of Belgacom Personnel for the Implementation of the BeST Plan", approved by the Belgacom Joint Commission on 16 May 2002.
CHAPTER II. - Dissolution and liquidation of the Belgacom Legal Pension Fund
Art. 3. On the date of the coming into force of this Act, the Pension Fund shall be dissolved in full rights and terminated. From that date, the Pension Fund can no longer take any action necessary for its liquidation, as well as provide the necessary assistance to the State, as described in Article 11, paragraph 1^erof this Act, for a transitional period expiring no later than 31 December 2005.
The King shall determine the mode of liquidation in accordance with the provisions of this Act. It appoints one or more liquidators, and sets their skills, taking into account the requirements of paragraph 1^er.
The liquidation costs are dependent exclusively on the Pension Fund.
The provisions of Chapters V and Vquater of the Supervisory Act and its Implementing Orders, as well as the Regulations of the Pension Fund, do not apply to matters governed by this Act, including the dissolution and liquidation of the Pension Fund. The provisions of the Act of June 27, 1921 on non-profit associations, non-profit international associations and foundations apply only to the extent that they are not derogated from this Act.
Art. 4. § 1^er. At the date of its dissolution, the assets of the Pension Fund shall be effected by the liquidator(s) no later than or before a date fixed by the King and no later than 31 December 2003.
The risks and costs associated with the realization of the assets of the Pension Fund are borne by the Pension Fund.
§ 2. At the end of the liquidation, the positive or negative result of the liquidation will, if any, be paid to or by Belgacom.
CHAPTER III. - Resuming pension obligations
Art. 5. Belgacom's statutory staff who were appointed on a final basis before 1^er October 2003, benefits from 1^er January 2004, a Treasury Board dependant pension under the same conditions and in the same manner as public servants.
Based on the monthly amount due for January 2004, the current retirement and survival pensions as at December 31, 2003, which were awarded to former members of Belgacom's statutory staff and their eligible persons, are also payable to the Public Treasury.
Art. 6. The waiting treatment granted under the "PTS" program is subject to the deduction determined in section 7, first paragraph, 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. In the event of death of a recipient of the above-mentioned treatment, the allowance determined in section 6 of the above-mentioned Act of April 30, 1958 shall be borne by the Public Treasury.
Art. 7. The resumption of pension obligations by the State in accordance with this Act is enforceable against beneficiaries and third parties by the publication of this Act to the Belgian Monitor, without any additional form of advertising, notification or ratification being required.
CHAPTER IV.
Financial obligations and other obligations of Belgacom
Art. 8. Belgacom and/or the Pension Fund will transfer the proceeds from the realization of the assets of the Cash Pension Fund, supplemented to reach a total amount of 5,000 million euros in a single payment or in several payments for the benefit of the State, on December 31, 2003 at midnight or before that date, in accordance with the terms fixed by the King. Where applicable, the King may, for all or part of the payments, defer this maturity for a period of not more than fourteen days and determine the terms and conditions for this extension.
The King may provide that the payments referred to in paragraph 1^er may be wholly or partially carried out by the transfer to the State of financial instruments designated by the King on the proposal of the Minister of Finance.
Art. 9. § 1^er. From the salary due for January 2004, Belgacom is liable for a employers' contribution equivalent to the difference between 17.5 per cent and the percentage of contribution determined in section 60 of the Act of 15 May 1984 on measures of harmonization in pension plans. This employer contribution is set on the basis of salary and other compensation elements that are considered for the calculation of the pension. The provisions of section 61 and 61 bis of the above-mentioned Act of 15 May 1984 apply to the above-mentioned employer contribution.
The employer contribution referred to in the first paragraph is not due to the waiting treatment provided under the "PTS" and "BeST" programs or to the treatment of statutory staff members who in the future will still be entitled to a waiting treatment granted under the "BeST" program.
§ 2. The deduction determined in section 60 of the above-mentioned Act of 15 May 1984 applies to waiting treatments granted under the BeST program. Pursuant to Article 6, § 1^erof the Royal Decree of 18 June 1997 establishing a temporary pre-retirement leave regime for certain members of the statutory staff of the public law company Belgacom, taken under Article 3, § 1^er, 6°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, the deduction determined in section 60 of the above-mentioned Act of 15 May 1984 does not apply to the waiting treatments granted under the "PTS" program.
Art. 10. § 1^er. If at any time after 1^er January 2004, pension obligations increase or decrease as a result of an act by Belgacom after that date, Belgacom will make a compensation payment to the Survival Pension Fund or the Survival Pension Fund will make a compensation payment to Belgacom in the following cases:
Pension increases following the application of section 12 of the Act of 9 July 1969 amending and supplementing the pension and survival legislation of public sector workers;
Actual salary increases;
Changes to the financial status of beneficiaries of the BeST and the PTS;
Social plans.
§ 2. The increase or decrease in pension obligations, including the compensation payments related to them, are limited to the pension amounts regulations and determined as follows:
1. Yes, from 1^er January 2004, retirement pensions are reviewed, on the initiative of Belgacom, pursuant to section 12 of the Act of July 9, 1969, following an amendment to Belgacom's financial status, resulting in an increase in these pensions, Belgacom pays to the Survival Pension Fund the current value of the pension increase, for the immediate or delayed retirement pensions of former Belgacome agents. This compensation payment is due when the increase is actually granted to the beneficiaries.
2. A compensation payment is due for any new immediate pension from 1^er January 2004, on the difference between the actual pension awarded related to index 138.01 and the pension determined on the same basis, but with an average salary that is the result of salary at 1^er January 2004 to index 138.01, increased annually by 1.25 per cent.
If the reference period for the calculation of the pension is wholly or partly before 1^er January 2004, the theoretical pension for this part of the reference period will be calculated on the actual salary for that period.
If the actual pension is greater than the theoretical pension as defined above, Belgacom is liable for the current value of the difference. This current value, which is determined by the King, must be paid per annum to the Survival Pension Fund for the 31 December of the year in which the retirement pension takes place.
If the actual pension is less than the theoretical pension, the Survival Pension Fund will be liable to Belgacom for the current value of the difference.
Participants in the "PTS" and "BeST" programs are excluded from this compensation regulation.
3. If, by adapting the monetary status from 1^er January 2004, the actual retirement pension granted to participants in the "PTS" and "BeST" programs differs from the theoretical pension, set on the same basis but calculated according to the financial status in effect on 1^er January 2004, the same compensation regulation as defined in point 2 applies to the difference between the theoretical amount and the actual amount of the pension.
4. If from 1^er January 2004, Belgacom authorizes a new form of pre-retirement leave, Belgacom will have to pay the employer's contribution as defined in section 9 on the unreduced amount of the salary that serves as the basis for calculating the amount of the pension. For periods that, following the application of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on the pensions of public service officers, do not fall under the pension calculation, the employer fee is not payable.
§ 3. Compensation payments referred to in § 2 must be considered as regular social security contributions.
§ 4. The actuarial factors on the basis of which the present value is calculated will be determined by royal decree deliberated in the Council of Ministers.
§ 5. Payments shall be determined in accordance with this Act by Royal Decree.
Art. 11. In order to ensure the successful completion of pension obligations under this Act, Belgacom, its liquidation pension fund or a subsidiary of Belgacom will provide free of charge from 1^er January 2004 and until December 31, 2005 at the latest, administrative and accounting assistance to the State to ensure proper management and payment of pension obligations payable for the period in question.
As long as Belgacom, its winding-up pension fund or a subsidiary will still perform during the transition period referred to in paragraph 1^er, the payment of pension obligations, the State shall transfer them in time, the financial means required for the payment of these pension obligations.
CHAPTER V. - Modificative and abrogatory provisions
Art. 12. Section 22 of the Act of 19 July 1930 creating Belgacom, as amended by the Act of 21 March 1991, is repealed.
Art. 13. Article 2, paragraph 2, of Royal Decree No. 117 of 27 February 1935 establishing the status of pensions of the staff of autonomous public institutions and of the government's governing bodies, as amended by the Act of 2 August 2002, is replaced by the following provision:
"BIAC supports the portion of the surviving pension charge of eligible members of its staff appointed on a final basis, which relates to services performed with LICA from 1^er October 2002. »
Art. 14. In article 7 of the same order, amended by the law of 28 April 1958, the law of 1^er July 1971, the Law of 11 July 1975, the Law of 17 May 1976, the Law of 15 July 1977, Royal Decree No. 429 of 5 August 1986, and the Law of 21 March 1991, the word "Belgacom" is deleted.
Art. 15. Article 46bis, § 3, of the Act of 21 March 1991 on the reform of certain economic public enterprises, inserted by the law of 19 December 1997, is replaced by the following provision:
"For the calculation of the pension of the officers transferred pursuant to this article, the services presumed in Belgacom are considered to be services presumed to the federal state. »
Art. 16. Section 59/6 of the Act, as amended by the Act of 2 August 2002, is repealed.
Art. 17. The Royal Decree of 10 April 1995 enforcing section 59/6 of the Act of 21 March 1991 on the reform of certain economic public enterprises, as amended by the Royal Decree of 16 July 1997, is repealed.
Art. 18. Section 57 of the Program Act of 2 August 2002 is repealed.
Art. 19. Section 58 of the Program Act of 2 August 2002 is amended to read:
"On the death of the holder of a dependant pension of BIAC, a funeral allowance is liquidated under the same conditions as those provided by the Act of 30 April 1958 amending Royal Decrees No.^s 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. This allowance is payable to the company and is liquidated by the company. BIAC may, however, decide to transfer this obligation to its pension fund. In this case, the deduction of 0.5 p.c. on BIAC's dependant pension is made for the benefit of the company's pension fund. »
Art. 20. Section 8, paragraph 2, of the Act of April 14, 1965 establishing certain relations between the various public sector pension plans, added by the Act of August 2, 2002, is replaced by the following provision:
"By derogation from paragraph 1^er, if the deceased staff member has completed his career with BIAC before 1^er October 2002, the single survival pension is granted by the Pension Administration and paid to the Survival Pension Fund. »
Art. 21. Article 13, § 2, of the same law, added by the law of 2 August 2002, is replaced by the following provision:
“§2. If the single survival pension is granted by BIAC and services have been provided to this company before 1^er October 2002, the gross amount of the survival pension referred to in Article 7 is, by derogation from § 1^eras follows:
1° the dependant share of the Survival Pension Fund is obtained by multiplying the gross amount of the Survival Pension referred to in Article 7 by a fraction. The numerator of this fraction, if any limited to 480, is constituted by the number of months of eligible services, with the exception of those presumed at BIAC after September 30, 2002. The denominator of this fraction, if any limited to 480, is constituted by the total number of months of eligible services. The assessment set at 3° shall be deducted from the dependant assessment of the Survival Pension Fund;
2° the dependant assessment of BIAC shall be obtained by deducting the quotas fixed at 1° and 3° of the gross amount of the survival pension referred to in Article 7;
3° the dependant share of an institution referred to in Article 1^er but other than those mentioned in points 1° and 2° above shall be calculated in accordance with the provisions of § 1^er.
If the denominator of the fraction used to calculate the survival pension is less than 480, the number 480 referred to in paragraph 1^er, 1°, is replaced by this denominator. »
Art. 22. In Article 1^erParagraph 1^er, from the Act of 15 May 1984 on measures of harmonization in pension plans, as amended by the Act of 2 August 2002, the second dash is replaced by the following provision:
"the bodies to which Royal Decree No. 117 of 27 February 1935 applies, establishing the status of pensions of the staff of autonomous public institutions and the government's governing bodies; However, BIAC itself bears the responsibility of the portion of the surviving pension of the persons entitled to the staff appointed on a final basis, which relates to the services performed with that undertaking from 1^er October 2002; "
Art. 23. In section 59, paragraph 1^er, b), of the same law, as amended by the law of 2 August 2002, the words "Belgacom and" are deleted.
Art. 24. Article 10, paragraph 1^erof the Royal Decree of 18 June 1997 establishing a temporary pre-retirement leave regime for certain members of the statutory staff of the public law company Belgacom, taken under Article 3, § 1^er, 6°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, is replaced by the following provision:
"The periodic allowances referred to in Article 6 and the premiums referred to in Article 9 shall be paid by Belgacom. »
Art. 25. Article 3 of the Royal Decree of 19 May 1998 on partial execution of the Royal Decree of 3 April 1997 on measures relating to the transfer of certain agents of Belgacom to the federal authority pursuant to Article 3, § 1^er, 6°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, is replaced by the following provision:
"For the agents referred to in section 2, the expenses relating to the periodic allowances referred to in section 6 of the Royal Decree of 18 June 1997 and to the premium referred to in section 9 of the same Order shall be borne by the Public Treasury. To this end, the Federal State shall provide Belgacom with the necessary advances no later than five working days before the date of payment to the beneficiaries.
The Federal State and Belgacom conclude a convention that sets out the modalities for the application of this article.
The Federal State is authorized to pay Belgacom advances equivalent to the charge of six months, which include the charge of the premiums referred to in Article 9 of the Royal Decree of 18 June 1997. »
Art. 26. Article 5, § 1^erthe same Royal Decree shall be replaced by the following provision:
« § 1^er. The administrative management of the periodic allowance referred to in Article 6 of the Royal Decree of 18 June 1997 and the premium referred to in Article 9 of the same Royal Decree is carried out by Belgacom.
The Belgian Institute for Postal Services and Telecommunications provides Belgacom with all the administrative data necessary for the calculation and management of the allocation and premium.
Payment is made by Belgacom. »
Art. 27. Article 9 of Royal Decree No. 23 of 27 November 1978 implementing Article 71 of the Law of Economic and Budgetary Reforms, amended by the Law of 15 May 1984 and the Law of 21 March 1991, is replaced by the following provision:
"As long as they are not already eligible under a legal or regulatory provision, the services performed as carriers of telegrams, whether registered or not, in Belgacom or in the former administration to which Belgacom was substituted, result in the application of the pension scheme established for the administrative staff of the State. »
Art. 28. Section 11 of the same Royal Decree, as amended by the Act of 21 March 1991, is repealed.
Art. 29. The Royal Order of April 26, 1999 establishing compensation to the Commissioner of Government with the Statutory Staff Pension Fund of Belgacom, an anonymous public law corporation, is repealed.
Art. 30. The King may, as long as it is not material that the Constitution reserves to the legislator, repeal, supplement, amend or replace by deliberate decree in the Council of Ministers, legal provisions, where it is essential to achieve the objectives of this Act.
Orders that repeal, supplement, amend or replace legal provisions must be ratified by the Legislative Chambers in the year following their publication to the Belgian Monitor, failing which they cease to be in force.
CHAPTER VI. - Entry into force
Art. 31. This Act comes into force on the date of its publication to the Belgian Monitor, with the exception of articles 12 to 30, which come into force on 31 December 2003.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 11 December 2003.
ALBERT
By the King:
Minister of Public Enterprises,
J. VANDELANOTTE
Minister of Pensions,
F. VANDENBROUCKE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINCKX
Documents of the House of Representatives:
51-316 - 2003/2004:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 13 November 2003.
Documents of the Senate.
3-333 - 2003/2004:
Number 1: Project referred to by the Senate.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Decision not to amend.
Annales of the Senate: December 5, 2003.