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Act Amending Various Provisions Relating To Superannuation Of Salaried Workers And The Self-Employed Account In Light Of The Principle Of The Unity Of Career (1)

Original Language Title: Loi modifiant diverses dispositions relatives à la pension de retraite des travailleurs salariés et des indépendants compte tenu du principe de l'unité de carrière (1)

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belgiquelex.be - Carrefour Bank of Legislation

11 MAI 2003. - An Act to amend various provisions relating to the retirement pension of employed and self-employed persons, taking into account the principle of the career unit (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In article 10bis of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, inserted by the Royal Decree of 29 August 1983, the following amendments are made:
(a) paragraph 1er is replaced by the following:
"When the employee may claim a pension under this Order and a pension or an advantage by taking place under one or more other plans and when the total of the portions that for each of these pensions express the importance exceeds the unit, the professional career that is taken into account in calculating the pension is diminished by all the years as it is necessary to reduce the total amount to that pension. In the event of a cumulative retirement pension under this Order with a pension under Royal Decree No. 72 of 10 November 1967 relating to the retirement and survival pension of self-employed, the less advantageous years shall be deducted for the purposes of this provision, regardless of the plan in which these years have been completed; in the event of early retirement, the advance reduction referred to in Article 3, § 1er, paragraph 2, of Royal Decree No. 72 of 10 November 1967 is applied before the determination of the years to be deducted for the purposes of this provision. »;
(b) Paragraph 5 is replaced by the following:
"The King determines:
1° in which the reduction referred to in this section is not applied;
2° how, in the event of a cumulative retirement or survival pension in the employee pension plan with a retirement or survival pension as an independent worker, the professional career is diminished;
3° how, in the event of a cumulative pension in the employee pension plan with a pension in a "other plan", the professional career is diminished;
4° which portions of pension granted under other plans are not considered for the purposes of this section;
5° what must be heard by full board in another plan. »
Art. 3. The following amendments are made to section 19 of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of self-employed persons, repealed by the Act of 6 February 1976 and restored by the Act of 15 May 1984:
(a) paragraph 1er is replaced by the following:
"When the self-employed person can claim a pension under this Order and a retirement pension or an advantage by taking place under one or more other plans and when the total of the portions that for each of these pensions express the importance exceeds the unit, the representative portion of the professional career that is taken into consideration in calculating the pension is diminished as much as it is necessary to reduce the total pension to the unit. In the event of a cumulative pension under this Order with a pension under Royal Decree No. 50 of 24 October 1967 relating to the retirement and survival pension of employed workers, the less advantageous years shall be deducted for the purposes of this provision, regardless of the plan in which these years have been completed; in the event of early retirement, the advance reduction referred to in Article 3, § 1er, paragraph 2, shall be applied before the determination of the years to be deducted for the purposes of this provision. »;
(b) Paragraph 5 is replaced by the following:
"The King determines:
1° in which the reduction referred to in this section is not applied;
2° how, in the event of a cumulative retirement or survival pension in the plan of self-employed persons with a retirement or survival pension as an employee, the professional career is diminished;
3° how, in the event of a cumulative pension in the pension plan for self-employed persons with a pension in a "other plan", the professional career is diminished;
4° which portions of pension granted under other plans are not considered for the purposes of this section;
5° what must be heard by full board in another plan. »
Art. 4. The King sets the effective date of Articles 2 and 3.
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 11 May 2003.
ALBERT
By the King:
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister for Average Class,
R. DAEMS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2001-2002.
Senate:
Parliamentary document. - Proposal by Mr. Steverlynck, No. 2-1095/1.
(1) Session 2002-2003.
Senate:
Parliamentary documents. - Amendments, No. 2-1095/2. - Report, number 2-1095/3. - Text adopted by the commission, no. 2-1095/4. - Text adopted in plenary and transmitted to the House of Representatives, No. 2-1095/5.
Annales parlementaire : 30 janvier 2003.
House of Representatives:
Parliamentary documents. - Bill No. 50-2260/1. - Report, no. 50-2260/2. - Text adopted in plenary and subject to Royal Assent, No. 50-2260/3.
See also:
Full report: 27 March 2003.