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Law On Supplementary Pensions And The Tax System And Some Additional Benefits In Social Security (1)

Original Language Title: Loi relative aux pensions complémentaires et au régime fiscal de celles-ci et de certains avantages complémentaires en matière de sécurité sociale (1)

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belgiquelex.be - Carrefour Bank of Legislation

13 MARCH 2003. - Complementary pension and tax system Act and certain additional social security benefits (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provision
Article 1er. This law regulates a matter referred to in Article 78 of the Constitution.
PART II. - Supplementary pensions
CHAPTER Ier. - Objective, scope and definitions
Art. 2. The purpose of this title is to settle in respect of supplementary pensions, including possible benefits of solidarity, the relationship between the employer, the organizer, the worker, the affiliate and its beneficiaries, the pension agency and the legal person responsible for the execution of the solidarity undertaking, to determine the procedure to be followed when establishing, modifying or repealing a supplementary pension activity in a branch of transparency
Art. 3. § 1er. For the application of this title and its enforcement orders, one must hear by:
1° Complementary pension: the pension and/or survival in the event of the death of the affiliate before or after the pension, or the capital value thereof, which is granted on the basis of mandatory payments determined in a pension regulation or pension agreement in addition to a pension established under a legal social security scheme;
2° pension commitment: an organizer's commitment to form a supplementary pension for one or more workers and/or their beneficiaries;
3° pension plan: a collective pension commitment;
4° Individual pension commitment: a casual and non-systematic pension commitment to a worker and/or his or her eligible beneficiaries;
5° organizer :
(a) the legal person, composed by unit, designated by a collective labour agreement by the representative organizations of a commission or joint subcommission established under chapter III of the Act of 5 December 1968 on collective labour agreements and parity commissions, which establishes a pension plan;
(b) an employer making a pension commitment;
6° company: the technical unit of operation as defined in section 14 of the Act of 20 September 1948, which organizes the economy;
7° worker: the person in charge of a contract of employment;
8° Affiliated: the worker who belongs to the category of staff for which the organizer has established a pension plan and who meets the conditions of affiliation set out in the pension regulations, or for which the organizer has entered into an individual pension undertaking as well as the former worker who continues to enjoy current or deferred rights in accordance with the pension regulations or the pension agreement;
9° pension regulations: the regulations governing the rights and obligations of the organizer, the employer, affiliates and their beneficiaries, and the conditions of affiliation and the rules relating to the performance of the pension plan;
10° pension agreement: the agreement that sets out the rights and obligations of the employer, the affiliate and its beneficiaries and the rules relating to the performance of the individual pension undertaking;
11° output :
(a) where the organizer is a legal person referred to in 5°, (a): the expiration of the employment contract, other than by death or retirement, provided that the worker has not entered into a new employment contract with an employer that falls under the scope of the same pension plan as that of his or her former employer;
(b) where the organizer is an employer: the expiration of the employment contract, other than by death or retirement;
12° benefits acquired: the benefits to which the affiliate may claim, in accordance with the pension regulations or the pension agreement, if, at the time of its exit, the affiliate leaves its reserves acquired in the pension agency;
13° acquired reserves: reservations to which the affiliate is entitled, at a specified time, in accordance with the pension regulations or the pension agreement;
14° defined contribution type commitment: the commitment to the payment of specified contributions a priori;
15° defined benefit type commitment: the commitment to the award of a specified benefit, annuity or capital;
16° pension agency: an organization referred to in Article 2, § 1er or § 3, of the Act of 9 July 1975, responsible for the execution of the pension undertaking;
17th commitment of solidarity: the commitment of solidarity benefits made by an organizer for the benefit of workers and/or their beneficiaries;
18° Regulation of Solidarity: the regulation setting out the rights and obligations of the organizer, the employer, the affiliates and/or their rightful persons, as well as the conditions of affiliation and the rules relating to the execution of the commitment of solidarity;
19th Act of 9 July 1975: the Act of 9 July 1975 concerning the control of insurance companies;
20° Office for the Control of Insurance: the public institution established by section 29 of the Act of 9 July 1975.
§ 2. For the purposes of this title and its enforcement orders to the pension commitments of legal persons of public law, the following words are read as follows:
1° "company" as "public legal entity";
2° "parity commission or parity subcommission" as "competent negotiating committee";
3° "business council" as "basic consultation committee or interim consultation committee";
4° "work collective agreement as "a protocol entered into in the competent bargaining committee".
5° "National Labour Council" as "Committee A".
Art. 4. This title is applicable to employers, organizers, workers, affiliates and their beneficiaries, pension organizations concerned by a pension commitment and legal persons concerned by the execution of a commitment of solidarity as well as to commissioners and actuaries appointed to the aforementioned institutions and legal entities.
CHAPTER II. Establishment, amendment and repeal of a pension commitment
Section Ire. - General provisions
Art. 5. § 1er. The decision to introduce, modify or repeal a pension commitment is within the exclusive competence of the organizer.
§ 2. Any pension commitment is governed by a pension regulation or a pension agreement.
The text of the pension regulations or pension agreement is communicated on its simple application to the affiliate. The pension by-law or pension agreement means who the organizer, employer or pension agency is responsible for this communication.
§ 3. The performance of the pension commitment is entrusted to a pension agency.
Paragraph 1er is not applicable to pension commitments of public legal persons who are not subject to the Act of 17 July 1975 on the accounting of enterprises and public legal persons subject to the Act of 17 July 1975 referred to above, that the King designates, to the extent that they do not bear the burden of the benefits granted.
Art. 6. § 1er. An individual pension commitment may only be granted provided that a supplementary pension plan exists in the company for all workers.
An organizer may not grant an individual pension commitment during the last 36 months preceding the retirement, the prepension or conclusion of any agreement assimilated therein in accordance with Article 268, § 1erparagraph 2 of the programme law of 22 December 1989 on social provisions.
The Insurance Control Board shall apply to the organizer, who does not comply with the prohibition referred to in paragraph 2, an administrative fine equal to 35% of the capital or capital of the pension. This fine is recovered for the benefit of the Treasury.
The organizer annually communicates to the Insurance Control Board the number of individual pension commitments per class of workers and the evidence that a supplementary pension plan exists in the company for all workers.
§ 2. When an individual pension undertaking provides, at the time of its establishment or at a later date, that the worker personally contributes to the financing of the pension undertaking, regardless of whether the pension undertaking is set out in several pension agreements or whether the performance of the pension is entrusted to several pension organizations, the decision shall be taken, by derogation from Article 5, § 1er, with the agreement of the worker concerned.
Art. 7. When a pension plan is introduced by an employer at the corporate level and the pension plan provides, at the time of its establishment or at a later date, that the worker personally contributes to the financing of the pension undertaking and that this commitment applies to all employees of the undertaking, regardless of whether the pension undertaking is set out in several pension regulations or whether it is entrusted to several pension organizations, the decision referred to is taken by derogation from Article 5 §er :
1° by collective labour agreement where there is, within the company, a business council, a work prevention and protection committee or a union delegation;
2° by means of an amendment to the working regulations, in other cases.
Art. 8. The sectoral collective labour agreement by which a sector pension plan is established, sets out the pension regulations and includes the rules relating to the management of the pension plan and the choice of the pension agency.
The pension plan comes into force on the date set out in the collective agreement and no later than one year after the date of its conclusion.
Art. 9. The collective labour agreement may provide for the possibility for the employer to organize itself the performance of a part or all of the pension plan for all workers or part of them, in a pension plan at the corporate level, and which, unless this title otherwise provides, must follow the rules that apply to the pension plans of the enterprise. When establishing this plan, it may be taken into account the existing pension plan at the corporate level.
When the pension plan is defined as contributions, payments cannot be less than those provided in the sectoral pension plan. Where the pension plan is defined benefit type, the accrued reserves may not, at any time, be less than those resulting from the sectoral pension plan.
When an employer uses this option, the employer submits, without prejudice to the application of the procedures referred to in sections 7 and 11, that decision, along with the proposed pension regulations and the choice of the pension agency for prior notice to the board of business or, if not, to the committee for prevention and protection at work or, if not, to the union delegation. In the absence of a union delegation, workers are notified beforehand by posting.
The employer shall communicate the pension regulations to the legal person referred to in Article 3, § 1er, 5°, a) before the pension plan is implemented.
Section II. - Provisions specific to social pension schemes
Sub-section Ire. The legal person referred to in Article 3, § 1er, 5°, a) , as organizer
Art. 10. § 1er. Benefit from the particular status defined in section 1762, 4°bis , of the Code of Taxes assimilated to the stamp and section 10 of the Act of 26 July 1996 relating to the promotion of employment and the prevention of competitiveness, the sectoral pension plans that meet the following conditions:
1° the pension commitment is applicable to all workers who come under the pension plan set out in the collective labour agreement;
2° a commitment of solidarity as referred to in Chapter IX is linked to a pension commitment;
3° the collective labour agreement by which a sectoral pension scheme is established, is indefinite and made mandatory by the King. Prior to the denunciation of the collective labour agreement, the parity body in which this agreement was concluded must take the decision to repeal the pension plan. The decision to repeal a sectoral pension plan is only valid when it was taken by 80% of the votes of the actual or alternate members appointed in the parity body, representing employers and 80% of the votes of the actual or alternate members appointed in the parity body, representing workers;
4° all profits are distributed among affiliates proportionally to their reserves and the fees are limited according to the rules determined by the King.
§ 2. The sectoral collective labour agreement by which a pension plan is established expressly states that it has been entered into pursuant to this article and pursuant to the decision of the representative organizations of the board or joint subcommission and that it is the sole purpose of establishing a sectoral pension plan.
The sectoral collective labour agreement cannot provide that an employer can organize itself the execution of the solidarity commitment established at the sectoral level.
Sub-section II. - The employer as an organizer
Art. 11. § 1er. When an employer comes to a joint board or subcommission at the level of which no sector pension plan as referred to in section 10 has been established, the employer may establish at the enterprise level a pension plan that benefits from the particular status defined in section 1762, 4°bis of the Code of Taxes assimilated to the stamp and article 10 of the Act of 26 July 1996 on the promotion of employment and the preventive safeguard of competitiveness, if this regime meets the following conditions:
1° the pension commitment applies to all workers of the same employer on the understanding that it may be taken into account the existing pension plans;
2° the pension commitment is established by a collective labour agreement which sets out the pension regulations and which, in particular, sets out the rules relating to the management of the pension commitment and the choice of the pension agency or, in enterprises without a union delegation, according to the special procedure defined in Article 12. The decision to repeal the pension commitment is made on the same basis. If this decision is made through a collective labour agreement, it is only valid when it was taken by 80% of the votes of workers' representatives in the company and, where applicable, 80% of the votes of employer representatives.
3° a commitment of solidarity as referred to in Chapter IX is linked to a pension commitment;
4° all profits are distributed among affiliates proportionally to their reserves and the fees are limited according to the rules determined by the King.
§ 2. Where an employer, in accordance with Article 9, organizes the execution of a sectoral pension plan as referred to in Article 10, except for the solidarity undertaking referred to in § 1er, 2°, of this article, this pension plan may benefit from the particular status referred to in § 1er if satisfied with the conditions referred to in § 1er2° and 4°.
When an employer introduces a pension plan that provides additional benefits to the benefits resulting from a sectoral plan as referred to in Article 10, the pension plan may, for these additional benefits, benefit from the particular status referred to in § 1er if they meet the conditions referred to in § 1er. In addition, the level of benefits, including those of the sectoral regime, must at least be the same for all workers in the company.
Art. 12. § 1er. When establishing a pension undertaking referred to in section 11 in a business without a union delegation, the procedure referred to in this section shall apply.
§ 2. The proposed pension regulations and the choice of the pension agency shall be communicated to the workers concerned according to the employer's choice, either in writing or by posting. Each worker may receive, upon request, a copy of the text of the proposed Regulations.
§ 3. The employer shall hold, for a period of fifteen days from the date of the communication, a special register available to workers, in which they may record their observations. Upon expiry of this period, the employer shall forward the register for information to the employee designated by the King.
§ 4. Upon expiry of the deadline, the observations are immediately notified to the workers concerned by posting. The official designated by the King tries to reconcile differing views.
In the event of an agreement, the pension commitment comes into force on the eighth day of conciliation, unless the pension regulations provide another date. This date may not exceed one year after conciliation.
If the officer designated by the King fails to do so, he immediately sends a copy of the non-conciliation report to the President of the relevant Joint Commission. The minutes must refer, on the one hand, to the reasons given by the employer for the establishment of the pension commitment and, on the other, to the comments of workers, as recorded in the special register.
The parity commission makes an ultimate attempt at conciliation during its next meeting. If the parity board fails, the pension commitment is not implemented.
§ 5. In the event of absence of a parity commission for a branch of activity, the officer designated by the King shall bring the matter before the National Labour Council. In order to attempt to reconcile the diverging views, it refers to the parity commission of which companies that operate similarly.
§ 6. The secretary of the relevant Joint Commission shall inform the employer of the results of the conciliation obtained by the Joint Commission within eight days.
In case of failure, workers are informed by posting or in writing according to the procedure implemented in § 2.
As long as there is agreement, the pension commitment comes into force on the eighth day of conciliation, unless the pension regulations provide another date. This date may not exceed one year after conciliation.
§ 7. In the absence of any comments, the pension commitment comes into force on the fifteenth day following that of the communication, unless the pension regulations provide another date. This date may not exceed one year after the communication.
CHAPTER III. - Conditions of accession
Art. 13. Membership in a pension plan is immediate for workers who have reached at least 25 years of age.
A medical examination may only be imposed when the affiliate has the freedom to choose the extent of the death pay or if the capital in case of death is at least 50% higher than the capital in case of life or if ten or less workers are affiliated with the pension plan. Affiliation cannot be subordinate to the result of medical examination.
Art. 14. § 1er. Any organizer who establishes a pension plan cannot create an unlawful distinction between workers.
§ 2. Any distinction that is not based on an objective criterion and that is not reasonably justified is considered illegal. To this end, it is taken into account the objective, the objective character and the consequences of the distinction made. The distinction made cannot be disproportionate to the targeted legal objective.
§ 3. Is, inter alia, an illicit distinction:
1° the granting of survival pensions exclusively to male or female beneficiaries;
2° the award of the pension commitment subject to a supplementary decision of the organizer, employer or pension agency;
3° without prejudice to the application of Article 13, a differentiation of the age-based pension commitment.
By derogation from point 3, however, for defined contribution pension commitments, a differentiation on the basis of age provided that the percentage applied to treatment at a certain age, to determine the contribution, is not less than the percentage at a later age, updated at an annual rate of 4%, over the period between the two ages. If differentiation is applied by bearings, this comparison is made between the ages corresponding to the beginning of each bearing.
§ 4. With respect to the years of service advocated after May 17, 1990, the pension commitment cannot contain any discrimination between men and women. Any differences in supplementary pension can only be justified by the respective life expectancy of men and women.
The defined contribution pension commitments cannot distinguish between men and women to define the level of contributions.
§ 5. At the level of a pension plan affiliation, any distinction between part-time and full-time workers is prohibited.
Unoccupied full-time workers are entitled to the same pension rights as a full-time worker, however, given the reduced working time.
Art. 15. Workers who, at the time of the introduction of the pension plan, are already in service, may not be required to join the pension plan unless the pension plan was established by a collective labour agreement. Unless the pension regulations provide for the possibility of a stay of affiliation, the worker's refusal exempts the organizer, and in the case where the organizer is a legal person referred to in Article 3, § 1er, 5°, a) , also its employer, of any obligation existing under the pension plan with respect to the worker concerned.
Art. 16. § 1er. Any change in the pension commitment that results in an increase in the affiliate's obligations exempts it, if requested, from participating in the change of the undertaking, unless it has been established by a collective agreement.
It is illegal not to continue the pension commitment of workers who, on the basis of paragraph 1er, decide not to adhere to the change in the pension commitment.
The organizer, and in case the organizer is a legal entity referred to in Article 3, § 1er, 5°, a), also its employer, is exempted in respect of the affiliate concerned from any supplementary obligation resulting from the modification of the pension undertaking.
§ 2. The change in the pension commitment cannot, in any case, result in a reduction in benefits acquired or reserves acquired for the past years. The King sets out the methods for calculating the matter.
CHAPTER IV. Acquired reserves, benefits and guarantees
Art. 17. The affiliate may, after a year's affiliation with the pension commitment, claim rights on reserves and benefits acquired in accordance with the pension regulations or the pension agreement.
If, at the time of its affiliation, the worker was already affiliated with another pension undertaking of the same organizer, the period of affiliation to that undertaking shall be taken into account for the purposes of paragraph 1er.
Art. 18. When the pension commitment, in respect of retirement and/or survival pensions in the event of death after retirement, is defined as defined contributions, the minimum acquired reserves are equal to the reserves to be constituted under the Enforcement Orders of 9 July 1975.
Art. 19. § 1er. When the pension commitment, in respect of pension and/or survival pensions in the event of death after retirement, is defined as defined benefits, the minimum acquired reserves are equal to the sum of the current values of pension and/or survival benefits in the event of death after retirement, as defined in paragraphs 2 and 3.
However, the current value of survivor pension benefits in the event of death after retirement is taken into account only to the extent that, at the time of the determination of minimum acquired reserves, there is, in accordance with the pension regulations or the pension agreement, an eligible person.
§ 2. Pension benefits, which at any time serve as a basis for the calculation of minimum acquired reserves, are equal to the largest of the following two amounts:
- the benefit, related to the pension, taken into account for the calculation of the minimum reserve as set out in the enforcement orders of the Act of 9 July 1975;
- the pension pension determined in accordance with the pension regulations or the pension agreement taking into account the data at the particular time.
§ 3. Survival pension benefits for post-retirement deaths that at any time serve as the basis for calculating minimum acquired reserves are equal to the largest of the following two amounts:
- the benefit, in respect of survival pension in the event of death after retirement, taken into account for the calculation of the minimum reserve as set out in the enforcement orders of the Act of 9 July 1975;
- Survival pension in the event of death after the pension determined in accordance with the pension regulations or the pension agreement taking into account the data at that time.
§ 4. The discount rules referred to in the pension regulations or in the pension agreement for the calculation of the current values referred to in § 1er, cannot lead to a result less than that obtained by means of the actualization rules imposed for the calculation of the minimum reserve pursuant to the law of 9 July 1975 at the time of exit.
If the pension commitment relates to the payment of an annuity but provides the possibility to liquidate, at the time of retirement, that annuity, in whole or in part, in the form of a capital, the conversion factor used may not be different from that obtained by the discount rules defined in the pension regulations or pension agreement for the calculation of the current values referred to in § 1er.
§ 5. When, under § 1er, the commitment, in respect of retirement and/or survival pensions in the event of death after retirement, relates to the payment of defined benefits in a fixed amount, regardless of the years of service provided by the affiliate and its salary, the related benefits that, at any time, serve as the basis for the calculation of minimum acquired reserves, are equal to that amount.
Art. 20. Where the pension undertaking referred to in section 19 is funded from several pension organizations, the provisions of this section apply by reference to the total undertaking.
Art. 21. When the pension commitment relates, in respect of pension and/or survival pensions in the event of death after retirement, to an amount obtained by reference to amounts attributed to affiliates, to maturity dates set out in the pension regulations or pension agreement, the minimum acquired reserves are equal, by derogation from section 19, to the result of the capitalization of amounts already allocated, calculated in accordance with the pension regulations or the pension agreement.
Art. 22. Where the pension commitment, in respect of retirement and/or survival pensions in the event of post-retirement death, includes a defined benefit type undertaking and a defined contribution type undertaking without the latter contributing to the defined benefit type undertaking, the provisions of sections 18 and 19 apply separately to both commitments.
Art. 23. It is prohibited to define a pension commitment in such a way that, for an affiliate, the provisions of Article 17 remain without effect.
Art. 24. § 1er. When the pension commitment involves the payment of a personal contribution of the affiliate, the affiliate is entitled at the time of its exit, retirement or in the event of a repeal of the pension commitment to the portion of that contribution, which was not consumed for the coverage of the death and disability risk prior to retirement, capitalized at the maximum reference rate for long-term insurance transactions, fixed by the decrees of July 9,er.
§ 2. When the pension commitment is defined as a type of contribution or a commitment as referred to in section 21, the affiliate is entitled at the time of its exit, retirement or in the event of a repeal of the pension undertaking, to the portion of the contribution that was not supported by the affiliate and that was not consumed for the coverage of the death and disability risk prior to retirement and for the coverage of the limited costs to 5%er.
Derogation from paragraph 1er, capitalization at the maximum reference rate is replaced, in the event of the withdrawal, retirement or repeal of the pension plan within five years of the affiliation, by an indexation of this contribution in accordance with the provisions of the Act of 2 August 1971 organizing a linkage to the index of prices to the consumption of wages, wages, pensions, allowances and subsidies to the public treasury, of certain social benefits, of the limits of remuneration This exemption is not applicable if the result of the calculation exceeds the result of the calculation referred to in section 1er.
Paragraphs 1er and 2 do not apply to the portion of contributions that were not supported by the affiliate and that contributes to the financing of a defined benefit type pension commitment in the event of retirement and/or survival in the event of death after retirement. The defined benefit type undertaking must have a complementary effect compared to the defined contribution type undertaking.
§ 3. For the calculation of the minima referred to in §§ 1er and 2, in the event of a change in the quoted rate, the old rate applies until the time it is amended to the contributions made before the change and the new rate from the change.
Art. 25. The pension by-law or pension agreement sets out the rules for determining pension rights when repealing the pension undertaking. They set out the method of calculating pension rights of each member according to the reserves present at the time of the repeal. The distribution of reserves guarantees each individual affiliate the acquired reserves that it has established, if any increased to the amounts guaranteed under section 24.
Art. 26. § 1er. The pension organization shall, with the exception of annuities, communicate at least once a year, a pension sheet that contains at least the following data:
1° the amount of the reserves acquired, specifying, if any, the amount corresponding to the guarantees referred to in Article 24;
2° except for defined contribution pension commitments without a tariff guarantee, the amount of benefits acquired and the date on which they are payable;
3° the variable elements that are taken into account in calculating the amounts referred to in points 1° and 2°;
4° the amount of the reserves acquired from the previous year.
In this communication, the pension agency shall inform the affiliate that the text of the regulation is available on a simple request from the person designated in accordance with the regulations to that effect.
§ 2. The pension agency shall provide the affiliate, upon request, with a historical overview of the data referred to in § 1er1° and 2°.
This overview may be limited to the period of affiliation with the pension agency and to the period after 1er January 1996.
§ 3. The pension agency shall communicate, at least every five years, to all affiliates from the age of 45, the amount of the pension, without deduction of the tax, to wait upon retirement.
For this purpose, the following assumptions shall be taken into account:
1° for active workers:
(a) Payments continue to be made;
(b) for defined benefit-type commitments, the promised benefits shall be taken into account;
(c) for defined contribution type commitments, acquired reserves and contributions still outstanding shall be capitalized at the rate referred to in Article 24, § 2, paragraph 1er;
2° for former workers:
(a) for defined benefit-type commitments, the reduced benefits shall be taken into account when the affiliate has opted for the possibility referred to in article 32, § 2, 3°, a);
(b) for defined contribution-type commitments and commitments in a host structure, acquired reserves are capitalized at the rate referred to in Article 24, § 2, paragraph 1er.
Art. 27. § 1er. Except in the cases referred to in § 2 and for the transfer of the reserves referred to in Article 32, the affiliate may not exercise the right to redeem its reserves or obtain the payment of its benefits only at the time of retirement or from the time of reaching the age of 60.
§ 2. Advances on benefits, pledges of pension rights granted to guarantee a loan and the allocation of the redemption value to the replenishment of a mortgage credit, may only be allowed to enable the affiliate to acquire, build, improve, repair or transform real property located in the territory of the European Union and productive of taxable income. These advances and loans must be refunded as soon as these assets come out of the affiliate's heritage.
Where the pension regulation or pension agreement provides for benefits advances or pension benefits pledges or the possibility of assigning the redemption value to the replenishment of the mortgage credit, the limitations set out in paragraph 1er must be expressly included in the pension regulations or the pension agreement.
Art. 28. § 1er. When the benefit is expressed as capital, the affiliate, or, in the event of death, its eligible beneficiaries, have the right to apply for annuity transformation.
The King sets out the methods for calculating the matter.
The organizer informs the affiliate of this right two months before retirement or within two weeks after he was aware of the early retirement. In the event of death of the affiliate, the organizer shall inform the persons entitled to this right within two weeks after he has been aware of the death. The collective labour agreement or pension regulations may designate another person to be responsible for this information.
§ 2. When the annual amount of the annuity is less than or equal to 500 euros, the benefit is paid in capital. The amount of 500 euros is indexed according to the provisions of the law of 2 August 1971, organizing a regime of liaison to the index of prices for the consumption of salaries, wages, pensions, allowances and subsidies for the public treasury, certain social benefits, the limits of pay to be taken into account in the calculation of certain social security contributions of workers, as well as the obligations imposed on social workers.
CHAPTER V. - Exit
Art. 29. No compensation or loss of beneficiary interest may be dependant on the affiliate or deducted from the reserves acquired at the time of exit.
Art. 30. The organizer is obliged, at the time of the release, to clear the missing acquired reserves and the deficit against the guarantees referred to in Article 24.
Art. 31. § 1er. After a worker's release, the organizer shall notify the pension organization in writing no later than 30 days.
The pension organization shall communicate to the organizer no later than 30 days after the notice, the following data:
1° the amount of the reserves acquired, increased if any to the amounts guaranteed under section 24;
2° the amount of benefits acquired;
3° the different possibilities of choice referred to in Article 32, § 1er, with the mention that death coverage is or is not maintained.
The organizer immediately informs the affiliate. This communication is made in writing or electronically.
§ 2. When the organizer of the pension undertaking is a legal entity referred to in Article 3, § 1er, 5°, (a) , the exit procedure is regulated in the sectoral collective labour agreement that establishes the pension commitment.
By derogation from § 1erParagraph 1er, the communication period may be extended to a maximum of one year. During the same period, however, the affiliate may communicate its exit to the pension agency. After the communication made by the affiliate, the provisions of § 1erParagraphs 2 and 3 shall apply.
During the same period of communication, the affiliate may inform the pension agency that it remains affiliated with the same pension commitment. In this case, the procedure referred to in section 32 is not applicable.
Art. 32. § 1er. When it comes out, the affiliate has the choice between:
1° transfer the acquired reserves, if any, to the amounts guaranteed under section 24, to the pension agency:
(a) the new employer with which the employer has entered into a labour contract, if it is affiliated with the employer's pension commitment;
(b) the new legal person referred to in Article 3, § 1er, 5°, a), to which the employer with which he entered into a labour contract, if he is affiliated with the pension undertaking of that legal entity;
2° transfer the acquired reserves increased, if any, to the amounts guaranteed under section 24, to a pension agency that distributes all the profits between the affiliates proportionally to their reserves and limits the costs according to the rules determined by the King;
3° leave the acquired reserves, increased as applicable to the amounts guaranteed under section 24, to the pension agency and following its choice:
(a) without changing the pension commitment;
(b) in a welcoming structure, referred to in § 2, where the pension regulations or the pension agreement provide for it.
If the affiliate opts for the option referred to under 1°, the new organizer and the pension agency of the new organizer must accept the assigned reserves and this, without calculating costs for the transfer.
The transfers referred to in 1°, 2° and 3°, b) are limited to the portion of the reserves that is not subject to advance or pledge or that is not affected by the replenishment of a mortgage.
§ 2. The pension regulation or pension agreement may provide that the reserves of the affiliates who have opted for the possibility referred to in § 1er, 3°, b) , as well as the reservations transferred from newly hired workers, who opted for the possibility referred to in § 1er, 1°, are transferred to a reception structure.
The reception structure referred to in § 1er, 1° and 3°, takes the form of an insurance contract signed by the organizer, or a separate regulation in a pension organization referred to in Article 2, § 3, 6°, of the law of 9 July 1975.
The choices of the affiliate that are possibly provided for in this welcoming structure must be clearly determined in the pension regulations or the pension agreement.
§ 3. The affiliate shall indicate, within thirty days after the communication referred to in Article 31, § 1er, paragraph 3, to the organizer or, if so determined in the pension regulations or the pension agreement, to the pension organization that he leaves, which options, referred to in § 1er, he chose.
Where the affiliate has allowed the period referred to in paragraph 1 to expireer, it is presumed to have opted for the possibility referred to in § 1er, 3°, a) .
After the expiry of the thirty-day period referred to in paragraph 1erthe affiliate may at any time request the transfer of its reserves to a pension organization referred to in § 1er, 1°, 2° or 3°, b) .
§ 4. The King sets out the terms of transfers.
Art. 33. The worker, after he or she was out of the pension plan to which he or she had been a member for at least 42 months, may require his or her new employer to retain amounts on his or her salary and to pay them to the pension organization that he or she designates for that purpose, provided that there is no pension commitment to that employer.
These payments may not exceed EUR 1,500 per year. This amount is indexed according to the provisions of section 178 of the Income Tax Code 1992.
The amount referred to above is reduced to a pension plan in the same year.
Payments made under paragraph 1er cannot deduct the remuneration of the affiliate for the application of the Fifth Part, Part I, Chapter V, of the Judiciary Code.
CHAPTER VI. - Change in pension organization and transfers
Art. 34. § 1er. The procedures referred to in Articles 6, § 2, 7, 8 and 11, § 1er, 2°, are applicable when the organizer decides to address another pension agency for the financing of the pension commitment and/or transfer the reserves.
When these procedures are applied, they replace the individual agreement of affiliates.
§ 2. No compensation or loss of beneficiary interest may be dependant on the affiliate or deducted from the reserves acquired at the time of the assignment.
Art. 35. The organizer or person designated in the collective labour agreement or pension regulations shall inform the affiliates of any change in pension organization and the possible transfer of the reserves that follows.
Art. 36. The organizer or person designated in the collective employment agreement or pension regulations shall notify the Supervisory Board of Insurance of the change of pension organization and the possible transfer of reserves.
Art. 37. § 1er. Without prejudice to the application of sections 34 to 36, the transfer of a business, establishment or part of a business or establishment to another business or other establishment resulting from a conventional assignment or a merger may in no case result in a reduction in the reserves acquired at the time of the transfer of affiliates.
§ 2. The change of commission or joint subcommission may not result in a reduction in the pension commitment unless otherwise decided in accordance with the procedures provided for in Article 7.
Art. 38. In a sector pension plan, 10% of employers or workers may request that the Complementary Pension Board review the implementation of the plan. In the event of poor performance, the Complementary Pension Board may recommend that a pension agency be changed or that management be partially or completely entrusted to other managers.
CHAPTER VII. - Participation of workers
Section 1re. - Consultation and mandatory information
Art. 39. § 1er. When the organizer of a pension plan is an employer, the board of business or, if not, the committee for prevention and protection at work, or if not, the union delegation, renders a prior notice on the following matters, without prejudice to the provisions of Chapter II:
1° the mode of financing of the pension plan and the structural changes in this funding;
2° the establishment of reserves and the annual establishment of the pension sheet referred to in section 26;
3° the application, interpretation and modification of the pension regulations;
4° the choice of a pension agency and the transfer to another pension agency, including the possible transfer of reserves.
§ 2. Where the pension plan is limited to a part of the company's workers, the jurisdiction referred to in § 1er is exercised by members of the board, committee or union delegation who represent workers for whom the pension plan is worth, provided that at least 10% of these workers apply.
§ 3. If there is no business council, occupational prevention and protection committee or union delegation, competent in accordance with § 1erthe employer shall periodically and individually inform the workers for whom the pension plan applies on matters referred to in § 1er. This communication is always before a possible decision on the merits.
§ 4. The decisions of the organizer concerning the substances referred to in § 1ermay be declared null in the year when the procedures mentioned in this section have not been followed.
Art. 40. In the event of an individual pension commitment, the employer shall inform the worker concerned periodically on the matters referred to in section 39, § 1er. This communication is always before a possible decision on the merits.
Section II. - Joint Management - Monitoring Committee
Art. 41. § 1er. When the performance of the pension plan is entrusted to a pension institution referred to in Article 2, § 3, 6°, of the Act of 9 July 1975, the board of directors of this pension institution shall be composed for half of the members representing the staff in the following cases:
1° where the pension plan is established by a legal person referred to in Article 3, § 1er, 5°, (a) , in accordance with Article 8, unless otherwise provided by the collective labour agreement;
2° where the pension plan is established by an employer in accordance with sections 9 or 11 or where the pension commitment involves the financial participation of the affiliate and that there is a board of business in the company or, failing that, a committee for prevention and protection at work unless such bodies otherwise have, or, in the absence of the aforementioned bodies that a union delegation exists in the company, unless the employer delegation is decided otherwise by the employer
Staff representatives are designated, in the case referred to in paragraph 1er, 1°, by the delegation of workers within the legal person referred to in Article 3, § 1er5°, (a) , among pension plan beneficiaries and in the cases referred to in paragraph 1er, 2°, by the delegation of workers within the board of business or, if not, within the committee for prevention and protection at work or, if not, by the union delegation, among the beneficiaries of the pension plan.
The provisions of paragraphs 1 and 2 are also applicable to pension institutions that are constituted by several organizers when at least one of the pension plans meets a case referred to in paragraph 1er. Staff representatives are appointed jointly by the delegations of workers of the different organizers.
§ 2. When the performance of a pension plan, established in accordance with sections 8, 9 or 11 or common to a number of companies, is entrusted to a pension organization that is not managed in a parity way, a supervisory committee is established which is composed of half of the members representing the staff for the benefit of which the undertaking has been established and which are designated in accordance with the rules set out in § 1erparagraphs 2 and 3.
The Supervisory Committee monitors the performance of the pension commitment and is in possession of the report referred to in section 42 before it is communicated to the organizers.
CHAPTER VIII. - Transparency
Art. 42. The pension organization or the person designated in the collective labour agreement or pension regulations shall prepare an annual report on the management of the pension undertaking. This report is made available to the organizer, who communicates it on request to affiliates.
The report should contain information on:
1° the method of financing the pension commitment and the structural changes of this funding;
2° the long- and short-term investment strategy and the extent to which social, ethical and environmental aspects are taken into account;
3° the return of investments;
4° the fee structure;
5° if applicable, participation in profits.
CHAPTER IX. - Solidarity
Art. 43. § 1er. In the event of a pension plan, pursuant to sections 10 and 11, a commitment to solidarity is mandatory.
The King determines by order deliberately in the Council of Ministers, after the advice of the National Labour Council, on the one hand, the solidarity benefits that are taken into consideration, including the financing of the constitution of the pension commitment during certain periods of inactivity, the compensation in the event of loss of income in certain cases or the increase of the payments in progress and on the other, the minimum solidarity to which the undertaking must satisfy in order to be entitled to the particular status which is2, 4°bis, of the Code of Taxes assimilated to the stamp and article 10 of the Act of 26 July 1996 on the promotion of employment and the preventive safeguard of competitiveness.
§ 2. The commitment to solidarity is governed by a regulation of solidarity, the text of which is communicated to affiliates on request. The solidarity settlement means who is responsible for this communication by the organizer, the employer or the pension agency.
Art. 44. The decision to establish, modify or repeal the commitment to solidarity falls within the exclusive competence of the organizer.
Art. 45. § 1er. When establishing a solidarity commitment related to a pension plan organized in accordance with Article 10, the collective labour agreement referred to in this section, establishes the solidarity settlement and sets out, inter alia, the rules concerning the financing, the management of the commitment to solidarity and the choice of the legal person who will be responsible for the execution of the commitment to solidarity.
§ 2. When establishing a solidarity commitment related to a pension plan organized in accordance with Article 11, § 1erthe conditions referred to in this article and, where applicable, the procedure of Article 12 shall be applied by analogy.
Art. 46. The King determines, after the advice of the National Labour Council, specific modalities concerning the financing and management of the commitment to solidarity.
Art. 47. The execution of the solidarity commitment is entrusted to a pension agency or another legal entity distinct from the organizer, which manages the solidarity commitment separately from its other activities.
When the execution of the commitment of solidarity is entrusted to a legal entity, which is not managed parity, it is constituted a monitoring committee composed for half of the members representing the staff, for the benefit of which the undertaking was established, and which are designated in accordance with the rules referred to in Article 41, § 1erParagraph 2. The monitoring committee monitors the implementation of the solidarity commitment and is consulted beforehand on the following points:
1° the investment strategy and how social, ethical and environmental aspects are taken into account;
2° the return of investments;
3° the fee structure;
4° if applicable, participation in profits.
Art. 48. The provisions of chapters III, VI, VII, section I and chapter VIII are applicable.
For the purposes of these articles, the word " pension agency" must be read as "a legal entity responsible for the execution of the commitment to solidarity".
CHAPTER X.
Art. 49. The monitoring of compliance with the provisions of this title and its enforcement orders shall be entrusted to the Office of Insurance Control.
Art. 50. The Insurance Control Board prepares a biennial report by sector plan, established in accordance with section 10.
Art. 51. Authorized commissioners, designated in accordance with section 38 of the Act of 9 July 1975, and actuaries designated in accordance with section 40bis of the Act, shall bring to the attention of the Insurance Supervisory Board any fact or decision that they have been aware of in the course of their mission and that constitutes an offence to the provisions of this title and its enforcement orders.
The disclosure of the facts and decisions referred to in paragraph 1 in good faith to the Office of Insurance Control by registered commissioners and actuarieser, does not constitute a violation of any restriction on the disclosure of information imposed by contract or by a legislative, regulatory or administrative provision and does not entail any liability for the persons concerned for any kind relating to the content of that communication.
Art. 52. It is established under the name "Complementary Pension Board" a body that is responsible for the regular monitoring of the application of the provisions of this Act and for a periodic evaluation of it. It may, upon request or initiative, make notices or recommendations to the attention of the Insurance Supervisory Board or competent ministers. He is also responsible for all the tasks assigned to him by law or by the King.
The Complementary Pension Board is composed of two representatives of the Ministry of Employment and Labour, the Ministry of Social Affairs and the Ministry of Finance, appointed by the respective Ministers and two representatives of the Office of Insurance Control, appointed by the Minister of Economy on the proposal of the Board of the Insurance Supervisory Board.
The Council of Comprehensive Pensions establishes its rules of procedure.
Art. 53. § 1er. It is established under the name "Complementary Pensions Commission", an advisory body whose mission is to render an opinion on the orders that are made pursuant to this title and to deliberate on any issues relating to the application of this title and its enforcement orders submitted to it by the competent ministers, the Council of Complementary Pensions and the Office for the Control of Insurance.
The Complementary Pensions Commission may provide advice on any issues related to the application of this Act and its enforcement orders.
§ 2. The Commission des Pensions Complémentaires consists of twenty-three members, appointed by the King because of their experience in the matters regulated by this title:
1° five members are chosen to represent the interests of workers, presented on a double list by the most representative professional organizations;
2° five members are chosen to represent the interests of employers, presented on a double list by the most representative professional organizations;
3° four members are selected from the representatives of active pension organizations in Belgium, presented on a double list by the most representative professional organizations;
4° four members are selected from pensioners ' representatives, presented on a double list by the Pensioners ' Advisory Committee;
5° the other five members must be experts and present qualifications and experience in the field of regulated subjects speaks present title.
§ 3. The term of office of the members of the Commission on Supplementary Pensions is six years; It's renewable.
Exceptionally, during the first appointment, the term of seven members designated by drawing will be limited to two years. The term of seven other members, also designated by lot, will be limited to four years.
The King shall designate the Chairperson of the Commission of Complementary Pensions among the members who make up it and shall determine the allowances for members.
§ 4. The Insurance Control Board shall assume the secretariat of the Complementary Pension Board.
The Commission des Pensions Complémentaires establishes its rules of procedure.
CHAPTER XI. - Criminal provisions
Art. 54. shall be punished by a penalty of imprisonment of one month to five years and a fine of 25 to 250 EUR, or one of these penalties only, directors, managers or agents of pension organizations and legal persons responsible for the execution of the solidarity undertaking and the organizers and employers or their agents who have knowingly made inaccurate statements on the application of this title to
The same penalties are applicable to directors, commissioners, designated actuaries, directors, directors, managers or agents of pension organizations and other legal persons responsible for the execution of the solidarity undertaking and the organizers and employers or their agents who have not met the obligations imposed on them by this title or its enforcement orders or who have collaborated in the execution of pension commitments that are contrary to this title or
All provisions of Book 1 of the Penal Code, including those of Chapter VII and Article 85, apply to the offences described in this Title, without the fine being less than 40% of the minimum amounts determined in this Chapter.
CHAPTER XII. - Prescription
Art. 55. The action for non-payment of contributions against the organizer or, in the case where the organizer is a legal person referred to in Article 3, § 1er, 5°, (a) , the employer is prescribed by three years from the date on which the contribution becomes payable.
CHAPTER XIII. - Transitional provisions
Art. 56. Affiliates whose rights are related to a pension commitment that was covered by the Act of 6 April 1995 on supplementary pension plans or a pension plan that was established by a sectoral collective labour agreement and which was not managed in a life security fund subject to the Act of 7 January 1958 concerning the security of existence funds, and which existed at 1er January 1996, may not require, for years of service prior to that date, any corresponding benefit or reserves except those resulting from the pension regulations. Such a claim is nevertheless possible if, and to the extent that pension reserves were established on that date.
The King determines the method of calculating the portion of the pension reserve that is allocated to the employee concerned.
Art. 57. § 1er. The provisions of this title, with the exception of sections 27 and 61, are not applicable to individual pension commitments that are granted prior to the entry into force of this section.
The organizers shall communicate to the Insurance Supervisory Board, within six months of the coming into force of this section, the number of individual pension commitments issued prior to that date.
§ 2. By derogation from Article 6, § 1erParagraph 1eran individual pension commitment may be granted within six months of the publication of this Act to the Belgian Monitor without a supplementary pension plan for all workers.
Art. 58. The provisions of this Title shall apply to pension plans that are administered in a security of existence fund referred to in the Act of 7 January 1958 concerning the security of existence funds, which exist on the date of entry into force of this section, three years after the entry into force of this section or on the date of entry into force of the collective labour agreement that adapts the pension plan to this effect if that date is earlier than the expiration of this section.
Workers whose rights are related to a pension plan referred to in paragraph 1er, may not require any related benefit or reserves except those resulting from the pension undertaking, for years of service prior to the date on which this title is applicable in accordance with paragraph 1er.
Art. 59. The pension planners referred to in Article 58 shall have a period of one year from the date on which this title is applicable to their commitment to entrust the performance of the pension plan to a pension agency.
Legal persons of public law other than those referred to in Article 5, § 3, paragraph 2, shall have a period expiring 1er September 2005 to entrust their pension commitment to a pension agency.
Art. 60. Section 24, § 2, applies only to the portion of the contributions that is due after the effective date of this section.
Art. 61. § 1er. Until 31 December 2009, Article 27, § 1erParagraph 1er, is not applicable to pension commitments established by a collective labour agreement, a pension regulation or a pension agreement, entered into before the date of entry into force of this article or resulting from the extension of a collective labour agreement entered into before that date and the pension commitments referred to in § 2.
This exemption also applies to individual agreements if in the same company a similar collective labour agreement is applied simultaneously.
§ 2. By derogation from Article 27, § 1erParagraph 1erpension commitments that provide a pension age from 58 years of age may be introduced within six months of the publication of this Act to the Belgian Monitor.
Art. 62. The organizer may limit the choice of the affiliate in respect of investments and adapt the investment policy to the warranty requirement within one year after the entry into force of Article 24, § 2.
Art. 63. Formal adaptation of existing pension regulations and agreements must be completed no later than three years after the effective date of this section.
PART III. - Amendments
CHAPTER Ier. - Amendment to the mortgage law of 16 December 1851
Art. 64. In Article 19, 4°ter, of the mortgage law of 16 December 1851, inserted by the law of 18 December 1968 and amended by Royal Decrees No. 535 of 31 March 1987 and 19 May 1995 and the law of 25 January 1999, are inserted after the words "Social Fund for Diamond Workers" the words ", to pension bodies and legal persons, responsible for the execution of the commitment of solidarity, which are referred to the supplementary legislation of the workers
CHAPTER II. - Amendments to the Act of July 12, 1957 on the retirement and survival pension of employees and the Act of July 9, 1975 on the control of insurance companies
Art. 65. Section 22 of the Act of July 12, 1957 on employee pension and survival, as amended by the Acts of February 10, 1981 and February 22, 1998, is amended as follows:
1° § 1er is repealed;
2° § 2 is replaced as follows:
“§2. On the proposal of the Minister of Pensions, the Minister of Finance and the Minister of Economy, the King may establish, under the conditions it determines, an insurance plan for extra-legal benefits in favour of wage workers covered by Royal Decree No. 50 of 24 October 1967 relating to the retirement and survival pension of employed workers. In addition, employees or former employees who are not affiliated with a sector pension or corporate pension plan may make payments for extra-legal benefits. Extra-legal benefits insurance is entered into with an insurance company or agency referred to in Article 2, § 1er and § 3, 5°, of the Act of 9 July 1975 concerning the control of insurance companies, as long as they were approved by the King, under the conditions that He determines.
An insurance company or organization may, at any time, waive the licence referred to in paragraph 1er, provided that another registered insurance company or agency resumes its rights and obligations as well as its assets and liabilities with respect to the assurance of the extra-legal benefits established in accordance with paragraph 1er. »
Art. 66. In Article 2, § 3, of the Act of 9 July 1975 concerning the control of insurance companies, the following amendments are made:
A) in paragraph 1erthe words "On the expiry of a period of three years from the entry into force of this section, the provisions of this Act shall be replaced by the words "The provisions of this Act are";
B) in paragraph 1er, the 6th, replaced by the law of 12 December 1997 and amended by the law of 5 July 1998, is replaced as follows:
"6° (a) the institutions of foresight constituted as separate legal persons having for business:
- the individual or collective establishment of extra-legal benefits in respect of retirement, death and permanent disability for personnel or leaders of one or more private companies;
- the individual or collective constitution of statutory pensions or extra-legal benefits in respect of retirement, death and permanent disability for the personnel or leaders of one or more public legal persons;
(b) Provident institutions, established for the same purpose, within:
- a private enterprise;
- an existence security fund subject to the law of 7 January 1958 concerning the existence security funds;
- a corporation of public law subject to the Act of 17 July 1975 on business accounting;
except:
- institutions for the foreseeability of public legal persons referred to in the third dash, which the King designates, to the extent that they do not bear the burden of the benefits granted themselves;
- individual pension commitments to persons referred to in Article 3, § 1er, paragraph 4, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
- individual pension commitments that existed on the date of entry into force of the ... supplementary pension law and the tax system of these and certain additional benefits in respect of social security";
C) the following paragraph shall be inserted between paragraphs 1er and 2:
"For the purposes of this provision, business leaders shall mean the persons referred to in section 32, paragraph 1er, 1° and 2° of the Income Tax Code 1992";
D) old paragraph 2, which became paragraph 3, is supplemented as follows: "or under a sectoral collective labour agreement".
Art. 67. Article 9, § 2, of the same law, as amended by the laws of 19 July 1991 and 12 December 1997, is replaced as follows:
“§2. The insurance institutions referred to in Article 2, § 3, 6° are considered, for the purposes of this Act, as insurance companies. By derogation from § 1er in this section, they shall be approved in the form of a non-profit association, a mutual insurance association or in another legal form that is authorized by or under a legal or regulatory provision for the exercise of the foreseeance activity referred to in Article 2, § 3, 6°, if they meet the conditions established by the King.
Public legal persons are entitled to establish a separate legal person for the purpose of establishing pensions as referred to in Article 2, § 3, 6°, which shall adopt one of the legal forms referred to in paragraph 1er.
The institutions of foresight, referred to in Article 2, § 3, 6°, (b) , shall have a period of one year from the date on which the provisions of the law are applicable to them, to establish a separate legal entity to adopt one of the legal forms referred to in paragraph 1er. The King may exempt the above-mentioned institutions from the obligation to establish a separate legal entity. »
Art. 68. Article 29, paragraph 1erin the same law, the words "Office de contrôle des Assurances" are replaced by the words "Office de contrôle des Assurances et des Pensions Complémentaires".
Art. 69. The King is empowered to adapt the terminology of the legislative provisions in force to that of section 68 of this Act.
Art. 70. Section 36 of the Act of 9 July 1975 on the Control of Insurance Businesses, replaced by the Act of 19 July 1991, is supplemented by the following sentence: "These fees include the operating costs of the Office for the Control of Insurance and Complementary Pensions and the Insurance Commission, respectively referred to in sections 29 and 41 of this Act and the Board of Complementary Pensions and the Pensions Commission of Complementary Benefits, respectively. »
CHAPTER III. - Amendment to the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness
Art. 71. In section 10 of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness, a 3° is inserted, as follows:
"3° the contributions made under pension plans that meet the conditions set out in Part II, Chapter II, Section II, the Act of .... relating to supplementary pensions and the tax system of pension plans and certain additional benefits in respect of social security. »
PART IV. - Amendments to tax legislation
CHAPTER Ier. Amendments to the Income Tax Code 1992
Art. 72. Article 17, § 1er, 4°, of the Income Tax Code 1992, replaced by the Act of 22 December 1998, is supplemented by the following provision:
"The life annuities that are made up for payment to abound capital, formed by contributions or premiums referred to in article 34, § 1er2°, do not constitute pensions. »
Art. 73. In section 20 of the same Code, the words "or temporary" are inserted between the words "life rents" and the words "targeted."
Art. 74. Section 31, paragraph 2, 4, of the same Code is replaced by the following provision:
"4° the allowances obtained in total or partial compensation of a temporary loss of remuneration, including the allowances awarded in respect of a solidarity undertaking referred to in sections 10 and 11 of the Law of the.... relating to the supplementary pensions and the tax system of the latter and to certain additional benefits in respect of social security, and the compensations constituted by means of the contributions and premiums referred to in section 52, 3°, b, 4 "
Art. 75. Article 34, § 1erthe same Code, as amended by the Acts of 28 December 1992, 17 May 2000, 19 July 2000 and by the Programme Act of 24 December 2002, are amended as follows:
1° 2° is replaced by the following provision:
"2° the capital, the redemption of life insurance contracts, pensions, supplementary pensions and rents, constituted in whole or in part by means of:
(a) personal supplementary insurance premiums against old age and premature death in order to establish an annuity or capital in the event of life or death, or employer contributions. With respect to business leaders referred to in section 32, paragraph 1er, which are not employed under a contract of employment, the notion of "manual contributions" must be replaced, for the purposes of this provision, by the notion of "company contributions";
(b) contributions and premiums for the establishment of a supplementary pension referred to in the Law of... on supplementary pensions and the tax system of these and certain supplementary benefits in respect of social security, including supplementary pensions awarded in accordance with a commitment of solidarity referred to in sections 10 and 11 of the above-mentioned Act and pensions constituted by contributions and premiums referred to in section 38, § 1erParagraph 1er18° and 19°;
(c) contributions and premiums for the establishment of a supplementary pension referred to in the Act resumed under (b), where such contributions are paid as part of an individual continuation of a pension undertaking referred to in section 33 of the Act;
(d) contributions under articles 1451, 2°, and 145171°.
By a supplementary pension referred to in the law of the... relating to the supplementary pensions and the tax system of the pension and certain supplementary benefits in respect of social security, the pension and/or survival must be understood in the event of the death of the affiliate before or after the retirement, or the capital value that corresponds to it, which is granted on the basis of mandatory payments determined in a pension regulation or pension agreement in addition to a pension plan »;
2° to § 1er, it is inserted a 2°bis, written as follows:
"2°bis the supplementary pensions of the independents referred to in title II, chapter I, section 4, of the programme law of 24 December 2002; "
Art. 76. Article 38 of the same Code, as amended by the Acts of 28 July 1992, 6 August 1993, 6 July 1994 and 21 December 1994, by the Royal Decree of 20 December 1996, by the Acts of 8 August 1997, 8 June 1998 and 7 April 1999, by the Royal Decree of 20 July 2000, by the Acts of 22 May 2001 and 10 July 2001, by the Royal Decree of 13 July 2001, by the Law of 10 August 2001 and by the following Act-Program of 24 December 2002, are
1° in the current text, which will form § 1erParagraph 1er is completed as follows:
"18° the benefits resulting for workers who collect remuneration referred to in Article 30, 1°, from the payment of employer contributions and premiums referred to in Article 52, 3°, b, provided that, in the case of an individual undertaking, there is also a collective commitment accessible to workers or to a specific category of workers in an identical and non-discriminatory manner;
19° the benefits resulting from the payment to the company of deductible contributions and premiums of the results of the company under section 30, 2°, of the payment to the company of deductible contributions and premiums under section 195, § 1er2;
20° the benefits resulting, for the beneficiaries of compensation referred to in Article 30, 1° and 2°, from the debtor's care for such remuneration, from the contributions or premiums relating to collective or individual commitments referred to in § 2 and the benefits carried out pursuant to these commitments, provided that they are not intended to compensate for a loss of income. »;
2° the article is supplemented by a § 2, written as follows:
“§2. Exemption under § 1erParagraph 1er, 20°, is also applicable to contributions and premiums paid by the employer or the company for the benefit of workers or business leaders in interruption of career or in credit-time, pensioners, workers or business leaders who have changed employer or business.
Collective or individual commitments referred to in § 1erParagraph 1er20° are:
1° the commitments that are exclusively intended to reimburse medical expenses related to hospitalization, hospitalization day, severe conditions and home palliative care of the worker or business leader and, where applicable, of all family members living under the same roof;
2° the commitments which are exclusively intended to reimburse the specific costs caused by the dependency of the worker or the business manager;
3° the commitments that provide for the payment of an annuity only in the event that the worker or business leader is the victim of a serious illness;
4° insurance of persons or similar commitments other than the commitments mentioned above and § 1erParagraph 1er, 18° and 19°, provided these assurances or commitments meet the following conditions:
(a) insurance contracts or commitments may be considered as a supplement to benefits under social security legislation;
(b) contracts and commitments may only provide for payments during the employment contract of the aforementioned persons. Work contract suspension periods are also considered.
With respect to workers referred to in Article 30, 1°, and business leaders referred to in Article 30, 2°, who are not paid regularly in accordance with the provisions of Article 195, § 1er, paragraph 2, an individual undertaking referred to in the preceding paragraph shall be taken into consideration for exemption as an advantage of any nature only on the condition that there exists in the undertaking a collective undertaking accessible in an identical and non-discriminatory manner to the aforementioned workers and business leaders or to a specific category of them.
For the application of § 1erParagraph 1er20°, the following terms have the following meaning:
- hospitalization: any medically necessary stay of at least one night in an institution legally regarded as a hospital institution;
- day of hospitalization: the medically necessary stay without overnight stay in an institution legally regarded as a hospital institution;
- severe affections: conditions recognized as such by the minister who has social affairs in his or her responsibilities;
- home palliative care: treatment in the home of terminal patients oriented to the physical and mental needs of the patient and contributing to the maintenance of a certain quality of life;
- dependency: the medically established need for help to carry out the ordinary and instrumental activities of everyday life.
3° the article is supplemented by a § 3, written as follows:
§ 3. Where benefits and allowances referred to in § 1erParagraph 1er, 18° to 20°, are the subject of commitments within the framework of a commitment of solidarity referred to in articles 10 and 11 of the law of the... relating to the supplementary pensions and the tax system of these and certain complementary benefits in the field of social security or in the framework of a plan with two or more commitments, the exemptions referred to in § 1erParagraph 1er, 18° to 20°, are applicable only insofar as this commitment of solidarity or that this plan is managed differently by the insurance company or the insurance institution so that at any time, for each taxpayer or debtor, the application of a specific tax regime on income and taxes assimilated to the stamp can be guaranteed both in respect of the processing of contributions or premiums. »
Art. 77. Section 39 of the Code, amended by the Acts of 28 December 1992, 17 May 2000 and 19 July 2000 and by the Programme Act of 24 December 2002, are amended as follows:
1° in the opening sentence of § 2, the words "additional pensions" are inserted between the words "advices" and the words "annuity, capital";
2° § 2, 2°, is replaced by the following provision:
"2° in the event that they result from an individual life insurance contract concluded in favour of the taxpayer or the person to whom it is entitled and:
(a) for which no exemption has been effected under provisions previously applicable to the 1993 taxation year and reductions under sections 1451, 2°, and 145171°, were not granted;
(b) for which the exemption was refused under section 15, paragraph 1erthe Act of 13 July 1959;
(c) for which the exemption was waived in accordance with section 15, paragraph 2, of the above-mentioned Act or section 508;
(d) that they are not constituted in whole or in part by means of employer contributions or contributions that may have entered into account for the purposes of section 1451, 1°, nor any contributions that were able to enter online as professional fees in accordance with section 52, 7°bis; "
Art. 78. Section 40 of the same Code is replaced by the following provision:
“Art. 40. Participation in profits related to life insurance contracts, supplementary pension commitments or supplementary pension agreements is exempt provided that they are liquidated together with pensions resulting from such contracts or commitments, supplementary pensions, rents, capital or redemption values.
By interest in profits, the amounts defined in section 183bis of the Code of Taxes assimilated to the stamp, even if they are exempted from the tax under section 183quinquies of the same Code. »
Art. 79. Section 52, 3°, of the same Code is replaced by the following provision:
"3° the remuneration of staff members and the following related costs:
(a) legal social burdens;
(b) employers ' contributions and premiums, payable in execution:
- a supplementary insurance against old age and premature death for the formation of an annuity or capital in the event of life or death;
- a collective or individual retirement and/or survival pension undertaking, for the purpose of establishing an annuity or capital in the event of life or death;
- a commitment to solidarity referred to in articles 10 and 11 of the Law on Complementary Pensions and the Tax System of these and certain complementary benefits to social security;
- a collective or individual undertaking that must be considered to be a supplement to legal compensation in the event of death or incapacity for work as a result of an accident of work or an accident or occupational illness or illness;
(c) insurance or social insurance contributions not covered by (b) and due under contractual obligations; "
Art. 80. Section 53 of the Code, as amended by the Acts of 30 March 1994, 7 April 1995 and 20 December 1995, by the Royal Decree of 20 December 1996, by the Act of 22 December 1998 and by the Programme Act of 24 December 2002, is supplemented as follows:
"21° the employer contributions and premiums referred to in Article 38, § 1erParagraph 1er20°;
22° to the extent that they exceed a maximum amount of EUR 1.525 per year, the employers' contributions and premiums referred to in section 52, 3°, b, which are paid in accordance with individual supplementary pension commitments referred to in section 6 of the Law of the... relating to supplementary pensions and to the tax system of these and certain additional benefits in respect of social security, concluded for the benefit of persons who receive remuneration,
23° capital that has the nature of a compensation in total or partial compensation for a permanent loss of income in the event of an incapacity for work and that is allocated directly by the employer or the former employer to members or former staff members. »
Art. 81. Section 59 of the Code, as amended by the Acts of 28 December 1992 and 6 July 1994, and by the Programme Act of 24 December 2002, is replaced by the following provision:
"Art. 59. § 1er. The employer premiums and premiums referred to in section 52, 3°, b, are deductible as a professional fee only under the following conditions and within the following limits:
1° they must be paid definitively to an insurance company or to an insurance institution established in Belgium;
2° the legal and extra-legal benefits in the event of retirement, expressed in annual annuities, cannot exceed 80 p.c. of the last normal annual gross remuneration and must take into account a normal period of professional activity;
3° legal and complementary benefits in the event of incapacity for work, expressed in annual rents, cannot exceed normal annual gross remuneration;
4° the employer must produce the evidence in the forms and times determined by the King.
§ 2. An indexation of annuities referred to in § 1er, 2° and 3°, is allowed.
§ 3. The limits referred to in § 1er, 2° and 3°, apply, on the one hand, to contributions and premiums relating to supplementary insurance against old age and premature death and to supplementary pension commitments and, on the other hand, to contributions and premiums relating to commitments that must be considered to be a supplement to legal compensation in the event of death or incapacity for work as a result of an accident or an accident or a professional illness or illness. For the purposes of calculating these limits, the contributions and premiums referred to in section 52, 3°, b, 3rd dash, paid pursuant to a commitment of solidarity, shall be divided, according to their purpose, between each of these categories.
§ 4. With respect to employer contributions and premiums for supplementary insurance against early age and death and supplementary pension commitments, the limit of 80 p.c. referred to in § 1er, 2°, must be appreciated in respect of all legal pensions and extra-legal pensions expressed in annual rents. The benefits resulting from pension savings and individual life insurance contracts other than those entered into pursuant to an individual retirement and/or survival pension commitment do not come into account.
Extra-legal pensions include pensions:
- made by means of personal contributions referred to in Article 52, 7°bis or Article 1453;
- consisting of employer contributions;
- awarded by the employer in accordance with a contractual obligation.
For employers' contributions and premiums relating to commitments that must be considered to be a supplement to statutory compensation in the event of death or incapacity for work as a result of an accident at work or an accident or occupational disease, the limit to normal annual gross remuneration must be assessed against all legal benefits in the event of an incapacity for work and extra-legal benefits in case of work.
Extra-legal benefits in the event of a work disability include:
- benefits in the event of incapacity for work made by employer contributions;
- benefits awarded by the employer in accordance with a contractual obligation.
§ 5. The King defines what is meant by "normal annual gross remuneration", "last normal annual gross remuneration" and "normal duration of professional activity" within the meaning of § 1erTwo and three.
It determines the conditions and mode of application of this provision, as well as the terms and conditions under which advances on benefits, the implementation of pension rights for the security of a loan and the allocation of the redemption value to the replenishment of a mortgage do not impede the finality of the payment of the contributions and premiums required by § 1er1°. »
Art. 82. Article 1451, 1°, of the same Code, inserted by the law of 28 December 1992, is replaced by the following provision:
"1° as personal contributions and premiums referred to in Article 34, § 1er, 2°, paragraph 1er, has to c, paid to the intervention of the employer by way of deduction on the remuneration of the worker, or to the intervention of the undertaking by way of deduction on the remuneration of the business officer who is not in the bonds of a labour contract; "
Art. 83. In title II, chapter III, section 1, subsection IIbis, B, of the same Code, inserted by the Act of 28 December 1992, the following amendments are made:
1° the title is replaced as follows:
"B. Personal contributions and premiums paid to the employer or company's intervention";
2° to Article 1453 the same Code, inserted by the Act of 28 December 1992, is amended as follows:
(a) in paragraph 1er, the words "Personal contributions" and the words "to an insurance corporation or an established social insurance institution" are replaced by the words "Personal premiums and premiums" and the words "to an insurance company or an established pension institution";
(b) in paragraph 2, the words "Article 59, paragraph 3" are replaced by the words "Article 59, § 4";
(c) the following paragraph shall be inserted between paragraphs 2 and 3:
"When personal premiums and premiums referred to in Article 1451, 1°, relate to the individual continuation of a pension commitment referred to in section 33 of the Law of the... relating to supplementary pensions and the tax regime of these and certain additional benefits in respect of social security, payments made cannot exceed 1.500 EUR per year. This annual amount is reduced to a pension plan under the above-mentioned Act in the same year. »;
(d) the last paragraph shall be replaced as follows:
"The King shall determine the conditions and mode of application of this provision, as well as the terms and conditions under which advances on benefits, pension entitlements for the guarantee of a loan and the allocation of the redemption value for the replenishment of a mortgage do not impede the finality of the payment of the premiums and premiums required in paragraph 1er. »
Art. 84. In Article 146, 3°, of the same Code, as amended by the Acts of 30 March 1994, 21 December 1994 and 7 April 1999, the words "up to the balance remaining after the application of Article 38, paragraph 1er, 13°, are replaced by the words "up to the balance remaining after application of Article 38, § 1erParagraph 1er, 13°".
Art. 85. Article 169, § 1er, paragraph 2, of the same Code, as amended by the Act of 28 December 1992 and by the Royal Decree of 13 July 2001, is replaced by the following provision:
"The same conversion regime is applicable to the first tranche of EUR 50,000 in capital or in the redemption value of a supplementary pension referred to in Article 34, § 1er, 2°, paragraph 1er, a to c, that has been the subject of advances on benefits or that has been used for the guarantee of a loan or for the reconstruction of a mortgage, provided that these advances have been granted or those borrowed for the construction, acquisition, transformation, improvement or repair of the sole dwelling located in Belgium and intended exclusively for the personal use of the borrower and »
Art. 86. Section 171 of the Code, amended by the Acts of 28 July 1992, 28 December 1992, 24 December 1993, 30 March 1994, 6 July 1994 and 20 December 1995, by the Royal Decree of 20 December 1996, by the Acts of 25 January 1999, 10 March 1999, 4 May 1999 and 6 April 2000, by the Royal Decree of 20 July 2000 and by the Programme Law of 24 December 2002, are amended as follows:
1° 1°, d, is replaced by the following provision:
"(d) the capital and redemption values referred to in 4°, f, to the extent that they are constituted by personal contributions referred to in Article 14511°, and are not liquidated in the circumstances referred to in 4°, f;
2° 1°, e, is repealed;
3° 1° is supplemented by the following provisions:
"(h) the capital referred to in 4°, g, taking place of pensions when assigned in the circumstances referred to in 4°, g, by the employer or by the enterprise to another beneficiary other than that referred to in 4°, g, without having been constituted by prior payments; »;
4° on 2°, b, is replaced by the following provision:
"(b) the capital and redemption values referred to in 4°, f, to the extent that they are constituted by personal contributions referred to in Article 14511°, and liquidated in the circumstances referred to in 4°, f; »
5° 2°, c, is repealed;
6° on 2°, d, is replaced by the following provision:
"(d) the capital and values of redemption of life insurance contracts referred to in Article 1451, 2°, if these capitals are liquidated on the death of the insured or on the normal expiry of the contract or if these redemption values are liquidated within one of the five years preceding the normal expiration of the contract, to the extent that these capitals and redemption values are not used for the reconstruction or guarantee of a mortgage loan. It is also understood that capital and redemption values are allocated to a worker or company leader not referred to in 195, § 1er, resulting from an individual supplementary pension commitment where:
- for this worker, there is no or did not exist in the supplementary pension collective undertaking for the duration of this individual supplementary pension undertaking;
- the company manager has not been paid regularly for any taxable period during the period of the individual supplementary pension undertaking; »;
7° the 4°, f, is replaced by the following provision:
"(f) capital and redemption values constituting income referred to in Article 34, § 1er, 2°, paragraph 1era to c, where they are not taxable in accordance with Article 169, § 1erand that they are liquidated to the beneficiary on the occasion of his retirement or from the age of 60 or on the occasion of the death of the person to whom he is entitled, excluding:
- capital or redemption values made by means of personal contributions referred to in Article 14511°;
- capital and values of redemption awarded under an individual supplementary pension undertaking referred to in the law of the... relating to the supplementary pensions and the tax regime of the latter and certain additional benefits in respect of social security, or to a worker referred to in section 31 in the absence of a collective supplementary pension undertaking in the enterprise for the duration of the individual supplementary pension undertaking meeting the conditions of the above-mentioned law, or to an executive officer of § 32er, paragraph 2, during the period of the individual supplementary pension undertaking; »;
8° the 4°, g, is replaced by the following:
"(g) capital in lieu of pensions when allocated by the company to a business leader referred to in section 32, paragraph 1er, 1°, which has the status of independent and is referred to in Article 3, § 1er, paragraph 4, of Royal Decree No. 38 of 27 July 1967, at the earliest opportunity of his retirement on the normal date or in one of the five years preceding that date or on the occasion of the death of the person to whom he is entitled, without having been constituted by prior payments; "
Art. 87. Article 195, § 2, of the same Code, as amended by the Royal Decree of 20 December 1996, is replaced by the following provision:
“§2. Unless the contracts provide only benefits in the event of death, the life insurance premiums for contracts that have been entered into for the benefit of the company are assimilated to the contributions referred to in § 1er, paragraph 2, and shall be deductible under the conditions and within the limits provided for in that title only if such contracts have been entered into on the head of a business officer referred to in section 32, paragraph 1er, 1°, and occupied outside of a work contract.
The remuneration defined in § 1er, paragraph 2, are only taken into consideration in determining the deductible portion of the premiums. »
Art. 88. In section 205, § 2, of the same Code, replaced by the Royal Decree of 20 December 1996, the following amendments are made:
1° 2° is replaced by the following provision:
"2° of the costs referred to in Article 53, 6° to 11°, 14° and 21° to 23°; »;
2° 5° is replaced by the following:
"5° of the premiums and premiums referred to in section 52, 3°, b, and the premiums associated with certain life insurances, to the extent that these premiums and premiums do not meet the conditions and limits set out in sections 59 and 195, as well as pension, supplementary pensions, rents and other allowances, taking place to the extent that these amounts do not meet the conditions and the limits set by "
Art. 89. Section 223, 2°, of the same Code is replaced by the following provision:
"(2) of the employer contributions and premiums referred to in Article 52, 3°, b, to the extent that they do not meet, either at the limit provided for in Article 53, 22°, or at the conditions and limits provided for in Article 59, pensions, rents and other allowances, taking place in accordance with Article 52, 5°, to the extent that they do not meet the conditions and the limits set out in Article 59 "
Art. 90. In section 225, paragraph 2, 5, of the same Code, the words "at 39 p.c." are replaced by the words "at the rate referred to in section 215, paragraph 1er"
Art. 91. Section 234, 3°, of the same Code is replaced by the following provision:
"3° on employers' contributions and premiums referred to in Article 52, 3°, b, to the extent that they do not meet, either at the limit provided for in Article 53, 22°, or at the conditions and limits provided for in Article 59, on pensions, rents and other allowances, taking place referred to in Article 52, 5°, to the extent that they do not meet the conditions and conditions set out in "
Art. 92. Section 364ter of the same Code, inserted by the Act of 28 December 1992 and amended by the Programme Act of 24 December 2002, is replaced by the following provision:
"Art. 364ter. Where capital or redemption values constituted by personal contributions referred to in Article 52, 7°bis, or Article 1451, 1°, employers' contributions, or corporate contributions, are transferred, by the pension institution or the insurance company to which they were constituted, for the benefit of the beneficiary or his beneficiaries, to a pension undertaking or a similar pension agreement, this transaction is not considered to be a payment or attribution, even if the transfer is made at the request of the beneficiary institution, without prejudice to the taxation of the beneficiary
Paragraph 1er is not applicable to the transfer of capital or redemption value to an insurance institution or to an insurance company established abroad. »
Art. 93. It is inserted in the same Code an article 515quater, which reads as follows:
"Art. 515quater. § 1er. With respect to pension commitments established by a collective labour agreement, a pension regulation or a pension agreement entered into before the date of entry into force of section 86 of the Act on Supplementary Pensions and the Tax Plan of the supplementary pensions and certain supplementary benefits in respect of social security or resulting from the extension of a collective labour agreement entered into before that date and by derogation from sections 130 to 168, are taxable
(a) at the rate of 33 p.c.: the capital and redemption values referred to in 3°, to the extent that they are constituted by personal contributions referred to in Article 1451, 1°, and are not liquidated in the circumstances referred to in 3°;
(b) at the rate of 10 p.c.: the capital and redemption values referred to in 3°, to the extent that they are constituted by personal contributions referred to in Article 14511°, and liquidated in the circumstances referred to in 3°;
(c) at the rate of 16.5 p.c.: capital and values referred to in Article 34, § 1er, 2°, paragraph 1era to c, not taxable in accordance with Article 169, § 1erto the extent that these capitals or redemption values are not constituted by personal contributions referred to in Article 1451, 1°, and when these capitals or redemption values are allocated to the beneficiary until December 31, 2009:
1. with respect to the capital and redeeming values of an insurance contract:
- at the normal expiry of the contract;
- the death of the insured;
- on the occasion of the retirement or prepension of the insured;
- in one of the 5 years preceding the normal expiration of the contract;
- at the normal age at which the beneficiary completely and definitively ceases professional activity because of which the capital was constituted;
2. with respect to other capitals and redemption values:
- at the earliest opportunity of retirement at the normal date or in one of the 5 years preceding that date;
- on the occasion of his prepension;
- on the occasion of the death of the person to whom he is entitled;
- at the normal age to which the beneficiary completely and definitively ceases the professional activity because of which the capital was constituted.
The preceding paragraph is also applicable to capital and values of redemption of non-taxable supplementary pension commitments in accordance with section 169, § 1er, which were contracted before the coming into force of section 86 of the Law of the... on supplementary pensions and the tax system of these and certain additional benefits in respect of social security in favour of business leaders referred to in section 32, paragraph 1er, 1°, which have benefited from remuneration because of which the social security legislation of the independent workers is applied and that does not fall within the scope of the said law.
§ 2. In article 171, 4°, f, the words "on the occasion of his retirement or from the age of 60 or on the occasion of the death of the person of whom he is entitled" are replaced by the words "on the occasion of his retirement or from the age of 58 years or on the occasion of the death of the person of whom he is entitled," for the commitments »
Art. 94. It is inserted in the same Code an article 515quinquies, as follows:
"Art. 515quinquies. Sections 52, 3°, b, and 195, § 2, as they existed before their amendment by sections 79 and 87 of the law of the... relating to the supplementary pensions and the tax regime of these and certain additional benefits in the area of social security, remain applicable to the life insurance premiums relating to contracts that were entered into before the date of entry into force of the aforementioned law for the benefit of the company on the head of executives. »
Art. 95. It is inserted in the same Code an article 515sexies, which reads as follows:
"Art. 515sexies. In case of transfer of capital or redemption values made by means of life insurance premiums referred to in Article 195, § 2, which are assimilated to the contributions referred to in Article 195, § 1er, paragraph 2, as they existed before being amended by section 87 of the law of the... relating to the supplementary pensions and the tax regime of the latter and certain additional benefits in respect of social security, which is carried out by the insurance company to which these capitals or redemption values have been formed, in order to assign them to the performance of an exclusive pension undertaking of pension and/or survival §erParagraph 1er, 19°, applies to amounts transferred during such an operation, provided that the following conditions are met:
- the transfer shall be carried out within 3 years from the date of entry into force of the aforementioned law;-
- the conditions and limits set by section 195 have been met until the time of transfer;
- and the company's promise of supplementary pension in favour of the relevant business leader is adapted at the latest at the time of the transfer of capital or redemption values.
Is considered to be a transfer of capital or redemption values for the purposes of the preceding paragraph, the award of the profit of the corporate executive insurance contract to the exclusive benefit of the insured business leader.
In addition, this transaction is not considered to be the payment or award of a pension, even if the transfer is made at the request of the business manager, without prejudice to the right to collect the tax upon subsequent payment or award by the institutions or companies to the business manager.
The preceding paragraph is not applicable to the transfer of capital or redemption value to a pension institution or to an insurance business established abroad. »
Art. 96. It is inserted in the same Code an article 515ses, which reads as follows:
"Art. 515s. When constituted capital, prior to the coming into force of the law of the... relating to the supplementary pensions and to the tax regime of the latter and certain additional benefits in respect of social security, within the enterprise for the benefit of the beneficiary or his beneficiaries, are transferred to an institution of foreseeance or to an insurance company, this transaction is not considered to be the payment or allocation of a pension, even if the transfer is made
Paragraph 1er is not applicable to the transfer of capital to an insurance institution or to an insurance company established abroad.
In addition, the provisions of Article 38, § 1erParagraph 1er, 18° and 19°, are applicable to amounts transferred on this occasion, provided that the conditions and limits referred to in sections 59 and 195 have been met until the time of transfer. »
Art. 97. In the same Code, an article 515octies is inserted, as follows:
"Art. 515octies. Article 171, 4°, g, as it existed before being amended by section 86 of the Law of the... on supplementary pensions and the tax regime of these and certain additional benefits in respect of social security, remains applicable to the capitals referred to in section 171, 1°, h, as pensions when these capitals are allocated in accordance with a contractual obligation entered into before the coming into force of the aforementioned law. »
CHAPTER II. - Amendments to the Code of Taxes assimilated to the stamp
Section Ire. - Annual Insurance Contract Tax
Art. 98. Section 174 of the Code of Taxes assimilated to the stamp, replaced by the Act of 13 August 1947 and amended by the Act of 28 December 1992, is replaced by the following provision:
"Art. 174. Assimilated to insurance, life or temporary annuity contracts with an insurance company and any undertakings contracted by pension agencies and legal persons responsible for the execution of the solidarity undertaking referred to in the Law of the... on supplementary pensions and the tax system of pension and certain additional benefits in the area of social security. »
Art. 99. Section 1751 the same Code, inserted by the law of 13 August 1947 and amended by the laws of 27 July 1953, 14 February 1961 and 27 December 1965, Royal Decree No. 13 of 18 April 1967, the laws of 22 December 1977, 8 August 1980 and 28 December 1992, is replaced by the following provision:
“Art. 1751. § 1er. The tax rate is 9.25 per cent.
§ 2. This rate is reduced to 4.40 per cent for:
1° life insurance;
(2) death insurance;
3° contracts of temporary or life annuities passed with an insurance company;
4° collective commitments that must be considered to be a supplement to legal compensation in the event of incapacity for work as a result of an accident of work or an accident or occupational disease, when carried out by the insurance companies referred to in Article 2, § 1er, the Act of 9 July 1975 concerning the control of insurance companies and pension organizations referred to in Article 2, § 3, of the same Act, and where such collective undertakings are accessible in an identical and non-discriminatory manner to all affiliates, i.e. all workers or executives of a company regularly paid by the same company or a particular class of them;
5° the pension commitments made by the insurance companies referred to in Article 2, § 1erthe Act of 9 July 1975 concerning the control of insurance companies and pension organizations referred to in Article 2, § 3, of the same Act;
6° the continuation in an individual capacity of pension commitments as referred to in section 33 of the law of the...relative to supplementary pensions and the tax system of these and certain additional benefits in the area of social security.
§ 3. Each undertaking included in the plans that are executed by the insurance companies referred to in Article 2, § 1er, the Act of 9 July 1975 concerning the control of insurance companies and pension organizations referred to in Article 2, § 3, of the same Act, is subject to the tariff that is applicable to that particular undertaking in accordance with § 1er and § 2, provided that:
- that the collective plan and possible alternative and individual choices existing in the plan are accessible in an identical and non-discriminatory manner to all members, i.e., all workers or executives of enterprises regularly paid by the same company or a particular class, and
- that the possible commitment at the death of the member, the possible commitment of the member's incapacity for work and the possible medical commitment of the member may be undertaken without exclusion on the basis of a medical examination when more than ten persons are members of this collective plan, and
- whether this plan is managed by the insurance company or the pension agency in a differentiated manner so that at any time for each taxpayer or individual debtor, the application of the specific income tax and stamp-related tax regime may be guaranteed, both in respect of the processing of contributions or premiums and benefits.
In the case of a collective plan for which a global premium budget is provided for all members, each of them being free to complete the use of this premium budget and to ventilate according to the various coverages offered in the plan, a standard commitment must be provided. In the absence of or pending the choice of the member, the standard commitment is for this member. Standard coverage is provided for each cover. The exclusion ban on the basis of a medical examination applies both to this standard coverage and to standard commitments; standard coverage and standard commitment must be specified in the regulations and have significant content.
§ 4. If one of the conditions referred to in § 3 is not met the tariff provided in § 1er is applied to all commitments included in a plan mentioned in § 3. »
Art. 100. In section 1762Paragraph 1er, of the same Code, inserted by Royal Decree No. 63 of 28 November 1939 and amended by the laws of 17 July 1963, 24 December 1963, 28 December 1983, 7 December 1988, 28 December 1992, 5 July 1998 and 4 March 1999, it is inserted as follows:
"4°bis any undertaking contracted, both by the insurance companies referred to in Article 2, § 1erof the Act of 9 July 1975 concerning the control of insurance companies and the pension organizations referred to in section 2, § 3, of the same law, as by the legal persons responsible for the execution of the solidarity undertaking, within the framework of pension schemes that meet the conditions set out in Part II, Chapter II, section II, of the law of the... relating to the supplementary pensions and to the tax system of these and certain complementary benefits "
Art. 101. Section 177, 1°, of the same Code, as amended by the Act of 28 December 1992, is replaced by the following provision:
"1° by associations, credit unions, insurance companies or companies, pension agencies and legal persons responsible for the execution of the solidarity undertaking under the pension plans referred to in the law of.... relating to the supplementary pensions and the tax system of these and certain complementary benefits in the field of social security, as well as by any other insurers when they have in Belgium their principal institution, agency, branch, representative or representative "
Art. 102. Section 178, paragraph 1erthe same Code, as amended by the Act of 28 December 1992, is replaced by the following provision:
"The associations, societies, pension agencies and legal persons responsible for the execution of the solidarity undertaking referred to in the law of the... relating to the supplementary pensions and the tax regime of the latter and certain additional benefits in the field of social security, and any other professional insurers designated in the preceding section cannot begin their operations if they have, in advance, filed a declaration of profession in the registered office designated for that purpose. The same applies to brokers and other persons who interfere with the conclusion of insurance with foreign insurers who do not have the responsible representative referred to in paragraph 2. »
Art. 103. In section 1791, paragraph 2, of the same Code, the words "1751Paragraph 1er » are replaced by the words « 1751§ 1er"
Art. 104. Article 183, paragraph 1erthe same Code, as amended by the Acts of 22 March 1965 and 28 December 1992, is replaced by the following provision:
"Belgian insurers, pension agencies and legal persons responsible for the execution of the solidarity undertaking referred to in the law of the.... relating to the supplementary pensions and the tax regime of these and certain complementary benefits in the field of social security, as well as representatives in Belgium of foreign insurers and brokers are required to communicate, without displacement, any requisition of the officers of the administration of the value-added tax, "
Section II. - Annual Tax on Recipient Participations
Art. 105. Section 183bis of the same Code, inserted by the law of 7 December 1988, is replaced by the following provision:
"Art. 183bis. Are subject to an annual fee, amounts allocated as a beneficiary interest in life insurance contracts, life or temporary pension contracts, or supplementary pensions made other than by life insurance, entered into with an insurance professional or pension agency, which has in Belgium its principal institution, agency, branch, representative or headquarters of any operation. »
Art. 106. In section 183sexies of the same Code, inserted by the law of December 7, 1988, the words ", pension organizations" must be inserted between the word "corporations" and the words " or insurance companies".
Art. 107. In article 183undecies of the same Code, inserted by the law of 7 December 1988 and amended by the laws of 22 December 1989 and 22 July 1993, the words "Belgian insurers and representatives in Belgium" are replaced by the words "Belgian pension insurers and organizations as well as representatives in Belgium".
PART V. - Miscellaneous and final provisions
Art. 108. Title II of this Act is not applicable to pension commitments concerning workers detached in Belgium within the meaning of the provisions of Title II of Regulation (EEC) No. 1408/71 of the Council of 14 June 1971 relating to the application of social security schemes to wage workers and their families moving within the Community.
Art. 109. The King may, under the conditions that He sets, establish a regime:
1° of supplementary insurances to the extra-legal benefits insurance plan established under section 22, § 2, of the Act of July 12, 1957 on the pension and survival of employees;
2° benefits of extra-legal pension and supplementary insurance for persons referred to in section 32, paragraph 1er, 1° and 2° of the Income Tax Code 1992.
Art. 110. The King shall, on the joint proposal of the Minister of Pensions and the Minister of Economy, and after notice of the Council of Complementary Pensions and the Supervisory Board of Insurance and Complementary Pensions, make such orders as may be necessary for the execution of this Act.
Art. 111. For the purpose of ensuring the proper execution of the missions granted to the Insurance Control Board by this Act, the King extends the organic framework of the personnel of the Insurance Control Board, determined in accordance with section 34, paragraph 1er of the Act of 9 July 1975, within one year of the entry into force of this section.
Art. 112. The Act of 6 April 1995 on supplementary pension plans is repealed.
Art. 113. The conditions under which section 1751, § 2, 4°, and § 3, of the Code of Taxes assimilated to the stamp, subordinates the application of the reduced rate of 4.40% to the existing commitments and plans on the date of entry into force of Article 99 only after the expiry of a five-year period from that date. »
Art. 114. The King shall determine the date of entry into force of the provisions of this Act, with the exception of articles 57, § 2, 61, § 2, 64 to 70, 110 to 112 and 114, which enter into force on the day of the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Brussels, 13 March 2003.
ALBERT
By the King:
Minister of Social Affairs and Pensions,
F. VANDENBROECKE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
Room.
Parliamentary documents. - Bill, 50-1340 - No. 1. - Amendments, 50-1340 - No. 2.
Session 2001-2002.
Room.
Parliamentary documents. - Amendments, 50-1340 - No. 3 and 4. - Report, 50-1340 - No. 5 and 6.
Session 2002-2003.
Room.
Parliamentary documents. - Amendments, 50-1340 - No. 7 and 8. - Report, 50-1340 - No. 9. - Text adopted by the commission, 50-1340 - No. 10. - Amendments, 50-1340 - No. 11. - Text adopted in plenary and transmitted to the Senate, 50-1340 - No. 12.
Annales parliamentarians. - Discussion and adoption. Meetings of 12 and 13 March 2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, 2-1531 - No. 1. - Amendments, 2-1531 - No. 2. - Report, 2-1531 - No. 3. - Amendments, 2-1531 - No. 4. - Decision not to amend, 2-1531 - No. 4.
Annales parliamentarians. - Discussion and adoption. Sessions of 2 and 3 April 2003.