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3 FEBRUARY 2003. - Act to make various amendments to public sector pension legislation (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the legislation relating to pensions of teaching staff
Art. 2. Section 15 of the General Act of 21 July 1844 on civil and ecclesiastical pensions, replaced by the Act of 20 July 1991, is replaced by the following provision:
“Art. 15. By derogation from Article 8, § 1^er, is counted at 1/55 of the reference treatment, each year of service presumed:
1° in the preparatory division of the Royal Military School;
2° to the School of Gendarmerie Officers as a language master. »
Art. 3. An article 16bis, as follows, is inserted in the same law:
"Art. 16bis. By derogation from Article 8, § 1^er, each year of service presumed as a member of the scientific staff of the University of Liège, the University of Mons, the Faculty of Agricultural Sciences in Gembloux and the Luxembourg University Foundation is counted at 1/55 of the reference treatment. »
Art. 4. Article 1^er of the Act of 16 June 1970 on the Improvements in Education Members' Pensions, supplemented by the Act of 20 July 1977, are amended as follows:
1° the words "The provisions of this Act shall apply:" shall be replaced by the words "Without prejudice to the application of the provisions of section 3 of the Act of 12 August 2000 on social, budgetary and other provisions, the provisions of this Act shall apply to retirement pensions which are liquidated solely on the basis of the fortieths 1/48, 1/50, 1/55 or 1/60 and which are allocated:";
2° paragraph 1^er is completed as follows:
"5° to language teachers at the School of Gendarmerie Officers;
6° to persons who are entitled to a dependant pension from the Public Treasury, in accordance with the provisions of the Act of 4 August 1986 regulating the retirement of members of teaching staff and amending other provisions of the education legislation;
7° to members of scientific staff of academic institutions. »;
3° it is inserted a paragraph 2, which reads as follows:
"The fortieths more favourable than those provided for in paragraph 1^er may be replaced by the fortieth 1/55 to obtain the benefit of the bonus provided for in this Act. »
Art. 5. Article 4, § 1^erthe Act, amended by the Acts of 15 May 1984, 18 July 1990 and 21 May 1991, is supplemented by the following paragraph:
"This paragraph is not applicable to full-year education diplomas. »
Art. 6. Article 1^er of the Act of 21 June 1985 concerning teaching is supplemented by the following paragraph:
"For the liquidation of the retirement pension, each year of service presumed as a member of the scientific staff is counted at 1/55 of the reference salary. »
Art. 7. Section 6bis of the Act, inserted by the Act of 21 May 1991, is replaced by the following provision:
"Art. 6bis. Retiring or Survival Pension Expenses for Services rendered before 1^er January 1986 as a member of the scientific staff of the Polytechnical Faculty of Mons and who gave rise to the affiliation of the individual to the Provincial Pension Fund of the Province of Hainaut, is supported by this fund in accordance with the provisions of section 13 of the Act of April 14, 1965 establishing certain relations between the various public sector pension plans. This provision applies even if the above-mentioned services were temporarily rendered prior to the final appointment. »
Art. 8. The title of Chapter II of the Act is replaced as follows:
CHAPTER II. - Pension and administrative and financial status of members of the scientific, administrative and technical staff of the « Universiteit Antwerpen », the « Universitaire Instelling Antwerpen » and the « Universitair Centrum Limburg »
Art. 9. In article 10 of the same law, the words "scientific, administrative and technical staff of the "Instelling Antwerpen University" and the "University Centrum Limburg" are replaced by the words "scientific, administrative and technical staff of the "University Antwerpen", the "University Instelling Antwerpen" and the "University Centrum Limburg". »
Art. 10. Article 11, § 1^er, the Act is supplemented by the following paragraph:
"For the liquidation of the retirement pension, each year of service presumed as a member of the scientific staff is counted at 1/55 of the reference salary. »
Art. 11. § 1^er. A chapter IIbis, as follows, is inserted in the same law:
"Chapter IIbis. - Pension plan for members of scientific staff and administrative and technical staff of the Universiteit Gent and the Universitair Centrum Antwerpen
Art. 15bis. The members of the scientific staff and the members of the administrative and technical staff of the "University Gent" and the "University Centrum Antwerpen" who hold a final appointment or an appointment assimilated by or under a law or decree and who are paid in charge of the operating allowances granted by the State or by the Flemish Community, shall be entitled to the pension scheme applicable to the State or to the pension plan
Pensions allocated under this chapter are borne by the Public Treasury. »
§ 2. Section 15bis of the Act is supplemented by the following paragraph:
"For the liquidation of the retirement pension, each year of service presumed as a member of the scientific staff is counted at 1/55 of the reference salary. »
Art. 12. A chapter IIter, as follows, is inserted in the same law:
CHAPTER IIter. - Services prepared as a member of the academic staff attending a university in the Flemish Community
Art. 15ter. For the liquidation of the dependant pension of the Public Treasury, each year of service presumed as a member of the academic staff attending a university referred to in Article 3 of the Flemish Community Decree of 12 June 1991 on universities in the Flemish Community, is counted at 1/55 of the reference salary. »
Art. 13. Article 1^er of the Act of 4 August 1986 regulating the retiring of members of teaching staff and amending other provisions of the educational legislation, as amended by the Act of 16 March 1994, are amended as follows:
1° to 1°, the words "and by the special decree of the Flemish Community of June 26, 1991 concerning the "University of Gent" and the "University of Centrum Antwerpen" are inserted between the words "by the State" and the words ", excluding";
2° the 3° is replaced by the following provision:
"3° to the members of the civilian teaching staff of the School of War, the Royal Higher Defence Institute and the faculties of the Royal Military School; »;
3° the 4° is completed as follows: " - the Universiteit Antwerpen";
4° the article is supplemented by the following paragraph:
"As regards the universities of the Flemish Community, they are considered to be a member of the teaching staff, the members of the autonomous academic staff referred to in the decree of the Flemish Community of 12 June 1991 on universities in the Flemish Community. »
Art. 14. Article 5, § 3, of the same law is replaced by the following provision:
Ҥ3. The pension is liquidated on the basis of:
1° of 1/30 of the reference treatment for each year of service presumed as a teacher, ordinary teacher, extraordinary teacher or associate professor;
2° of 1/55 of the reference treatment for each year of service presumed as a member of the teaching staff of university education in a quality other than that defined in 1°;
3° of the fortieth set by the laws in force with respect to other eligible services.
Derogation from paragraph 1^er2°:
1) the services presumed as a lecturer, associate lecturer, principal course manager or equivalent degree holder in a free university by the staff of the Dutch-speaking university education are taken into account at the time of the fortieth 1/30, if before the 1st^er October 1991 they assumed services as a lecturer, associate lecturer or equivalent degree holder in a free university;
(2) the services presumed as the principal course manager by the staff of the Dutch-speaking university education are taken into account at the time of the fortieth 1/30, if they have taken care of such services before the 1st^er January 2003;
3) the services presumed as a course manager, an associate lecturer or an equivalent degree holder in a free university by the staff of Francophone university education are taken into account at the time of the fortieth 1/30, if they have taken care of such services before 1^er January 2003;
4) the services presumed as a lecturer by the teaching staff of the School of War, the Royal Higher Defence Institute or the faculties of the Royal Military School shall be taken into account at the time of the fortieth 1/30, if they have taken care of such services before 1^er January 2003;
5) the services presumed as a civilian master or repeater by the faculty members of the Royal Military School shall be taken into account as a result of the fortieth 1/30, if they were appointed in that capacity before 1^er October 1982.
Paragraph 2 applies only to the extent that the amount of the pension calculated on the basis of the fortieth 1/30 for the services referred to in that paragraph is higher than that resulting from the application of the provisions applicable on or after 1^er January 2003. »
Art. 15. Article 6, §§ 2 and 3, of the same law is replaced by the following provision:
“§2. Services preceded as a member of the teaching staff in higher education institutions referred to in § 1^er, shall be taken into consideration for the calculation of the pension in accordance with the provisions of Article 5, § 3, paragraphs 1^er, 1° and 2°, 2 and 3.
§ 3. Services taken by persons referred to in section 1^er3°, as an officer attached to the teaching staff of the School of War, the Royal Higher Defence Institute or the faculties of the Royal Military School shall be taken into consideration for the calculation of the pension in accordance with the provisions of Article 5, § 3, paragraph 1^er, 1° and 2°, 2 and 3. »
Art. 16. In section 78 of the Act of 20 July 1991 on social and other provisions, paragraphs 2 to 4 are repealed.
Art. 17. Article 80 of the same law, of which the current text will form § 1^er, is supplemented by the following paragraph:
“§2. By derogation from § 1^er services preceded before 1^er January 2003 in an incidental function of full-year secondary free education or full-year non-university free education, are not considered for the calculation of the pension referred to in section 78.
Paragraph 1^er is not applicable to services preceded before 1^er January 2003 in an incidental function of free normal education provided that the person concerned was appointed definitively in free normal education before 1^er January 1992.
For the purposes of this paragraph, services presumed in an incidental function, which, on the basis of applicable monetary status, have been paid as an incidental function. Services preceded between 1^er January 1996 and December 31, 2002 and paid according to a monetary status in which there is no more distinction between remuneration as a principal function and remuneration as an accessory function, are assumed to have been performed in an incidental function if, on the basis of the last applicable monetary status in which there was still such a distinction, they had been paid as an incidental function. »
Art. 18. Services preceded during the period between 1^er October 1991 and December 31, 2002, as a member of the autonomous academic staff referred to in Article 1^er, paragraph 2, of the Act of 4 August 1986 regulating the retiring of the teaching staff and amending other provisions of the education legislation, are taken into account at reason, for each year of service, of the reference treatment if these services have been preceded as the holder of the class officer and at the rate of 1/30 of that same salary if these services have been preceded
Paragraph 1^er is applicable only to pension benefits whose date of taking courses is for the period defined in that paragraph.
CHAPTER III. - Multiple functions
Art. 19. Article 2, § 1^er, the Act of 20 March 1958 on the Custody of Pensions and Salaries and the Pension Plan for Multiple Functions is replaced by the following provision:
“Art. 2. § 1^er. If none of the services performed in separate functions have been rendered simultaneously, the services performed successively are taken into account in calculating a single pension, even if these services open separate pension entitlements.
If the services presumed in the function in which the employee did not complete his or her career had been able, on their own, to open rights to a separate pension and that the average salary that had been used as a basis for the calculation of that separate pension is higher than the average salary of the last five years of the career, the single pension may be established on the basis of that higher average salary but in that case, the duration of the services This calculation method only applies if it produces favourable effects to the individual.
If the holder of a retirement pension has a new function with eligible services, the pension is, at the time of the opening of the pension entitlement in this new function, revised taking into account all services and based on the average salary of the last five years of the career.
If, for the purposes of paragraph 3, the average salary that was used as a basis for the calculation of the initial pension, duly transposed into the scales in force on the date the revision produces its effects, is higher than the average salary of the last five years of the career, the revised pension may be established on the basis of this higher average salary but in this case the duration of the services preceded in the new function is reduced This calculation method only applies if it produces favourable effects to the individual.
When applying paragraphs 2 and 4, the maxima referred to in Article 39 of the Act of 5 August 1978 of economic and budgetary reforms, as well as the maximum resulting from the application of Article 4 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of the public sector pension for the incomplete benefit services, shall be multiplied by the ratio of the summaries to the duration of the pension
Paragraphs 2 to 5 are not applicable where the services presumed in the function in which the individual does not complete his or her career have been performed within the framework of a mandate to which a pension plan provides for a period that is more favourable than 1/55. »
Art. 20. Section 3 of the Act is replaced by the following provision:
“Art. 3. The separate functions that have been performed simultaneously during any period of time remain independent both for the time of retirement and for the calculation of pensions to which their exercise can open. It is distinct from another, any function to which a remuneration is attached that is specific to it.
Derogation from paragraph 1^er, however, a number of personal pay functions performed simultaneously are not considered to be separate functions, since only one pension taking into account the services assumed in the various functions results in a more favourable result for the individual. »
Art. 21. Section 4 of the Act of April 14, 1965 establishing certain relations between the various public sector pension plans is replaced by the following provision:
“Art. 4. If none of the services provided for in section 2 have been rendered simultaneously, the services performed successively are taken into account in calculating the single retirement pension, even if these services open separate pension entitlements.
If the services presumed to the authority or agency that does not grant the single pension pension were able, on their own, to open rights to a separate pension and that the average salary that would have served as a basis for the calculation of that separate pension is higher than the average salary for the last five years of the career, the single pension may be established on the basis of that higher average pension, but in that case, This calculation method only applies if it produces favourable effects to the individual.
If a pension holder has a new function with eligible services, the pension is, at the time of the opening of the pension entitlement in this new function, revised taking into account all services and on the basis of the salary that is taken into account in calculating the pension in the pension plan of the power or agency that grants the single pension.
If, for the purposes of paragraph 3, the salary that has been used as a basis for the calculation of the initial pension, duly transposed into the scales in force on the date the revision produces its effects, is higher than the salary normally taken into account for the calculation of the revised pension, the revised pension may be established on the basis of the higher initial salary but in this case the duration of the services preceded in the new function is reduced in proportion of This calculation method only applies if it produces favourable effects to the individual.
When applying paragraphs 2 and 4, the maxima referred to in Article 39 of the Act of 5 August 1978 of economic and budgetary reforms, as well as the maximum resulting from the application of Article 4 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of the pension of the public sector for incomplete benefit services, shall be multiplied by the ratio of one part to the duration of the pension
Paragraphs 2 to 5 are not applicable where the services presumed in the function in which the individual does not complete his or her career have been performed within the framework of a mandate to which a pension plan provides for a period that is more favourable than 1/55. »
Art. 22. Section 5 of the Act is replaced by the following provision:
“Art. 5. When, for a certain period of time, an officer simultaneously rendered services in separate functions that give rise to the granting of several pension benefits, these pensions are calculated in accordance with the provisions of Royal Decree No. 206 of 29 August 1983 referred to above. »
Art. 23. Section 6 of the Act is replaced by the following provision:
“Art. 6. For the purposes of sections 2 to 5, it is disregarded for the services and periods in which consideration would cause injury to the individual. »
Art. 24. Section 9 of the Act is replaced by the following provision:
“Art. 9. If none of the services provided for in section 7 have been rendered simultaneously, the services performed successively shall be taken into account in calculating the single survival pension even if these services have or would have opened separate pension entitlements.
If the services preceded by the authority or agency that does not grant the single survival pension had opened or had been able, on their own, to open rights to a separate pension and that the average salary that would have served as a basis for the calculation of the distinct survival pension, is higher than the average salary for the last five years of the career, the single survival pension may be established on the basis of that higher average pension but in that case This calculation method only applies if it produces favourable effects to the individual.
When applying paragraph 2, the fraction resulting from the application of Article 4, § 1^er, paragraph 3, of the Act of 15 May 1984 on harmonization measures in pension plans, is multiplied by the relationship between the duration of all services taken into account for the calculation of the single survival pension after the application of paragraph 2 and on the other hand the duration of the same services excluded from the application of that paragraph.
Paragraphs 2 and 3 are not applicable where the services presumed in the function in which the individual does not complete his or her career have been performed within the framework of a mandate to which a pension plan is attached, which provides for a period that is more favourable than 1/55. »
Art. 25. Section 10 of the Act is replaced by the following provision:
“Art. 10. When the services rendered simultaneously that have or would have resulted in the granting of several retirement pensions give rise to several survival pensions, these pensions are calculated in accordance with the provisions of Royal Decree No. 206 of 29 August 1983 referred to above. »
Art. 26. Section 11 of the Act is replaced by the following provision:
“Art. 11. For the purposes of sections 7 to 10, it is disregarded for the services and periods in which consideration would cause injury to the individual. »
Art. 27. Article 12, § 1^erof the Act of 9 July 1969 amending and supplementing the legislation relating to the retirement and survival pensions of public sector workers, as amended by the Act of 6 April 1976 and supplemented by the Act of 25 January 1999, is supplemented by the following paragraph:
"In case of application of Article 2, § 1^er, paragraphs 2 and 4, of the Act of 20 March 1958 on the Custody of Pensions and Pensions and the Pension Plan for Multiple Functions, sections 4, paragraphs 2 and 4, or 9, paragraph 2, of the Act of 14 April 1965 establishing certain relations between the various pension plans of the public sector or section 18, § 1^er, paragraph 2, of the Act of 15 May 1984 on harmonization measures in pension plans:
- the maximum treatment for the last grade of the former agent referred to in paragraph 1^er, 1°, is replaced by the maximum treatment for the last grade taken into account to fix the average salary that was used as the basis for the calculation of the pension;
- the grade at which the officer was last graded, referred to in paragraph 1^er, 2° and 3°, is replaced by the last grade taken into account to fix the average salary that served as the basis for calculating the agent's pension. »
Art. 28. Section 18 of the Act of 15 May 1984 on measures of harmonization in pension plans, supplemented by the Act of 21 May 1991, is replaced by the following provision:
“Art. 18. § 1^er. If none of the services provided for in section 5 were rendered simultaneously, the services performed successively shall be taken into account in calculating a single survival pension even if these services have or would have opened separate pension entitlements.
If the services preceded by the authority or agency in which the agent has not completed his or her career had opened or had been able, on their own, to open rights to a separate pension and that the average salary that would have served as a basis for the calculation of the survival pension is higher than the average salary of the last five years of the career, the single survival pension may be established on the basis of that higher average salary but in that case, This calculation method only applies if it produces favourable effects to the individual.
When applying paragraph 2, the fraction resulting from the application of Article 4, § 1^er, paragraph 3, is multiplied by the ratio of the duration of all services taken into account for the calculation of the single survival pension after the application of paragraph 2 to the duration of the same services excluding the application of that paragraph.
Paragraphs 2 and 3 are not applicable where the services presumed in the function in which the individual does not complete his or her career have been performed within the framework of a mandate to which a pension plan is attached, which provides for a period that is more favourable than 1/55.
§ 2. The services rendered concurrently that have or would have resulted in the granting of separate retirement pensions give rise to the granting of separate survival pensions each based on the same elements as those that have or would have been taken into account in the calculation of separate retirement pensions.
§ 3. For the application of §§ 1^er and 2, there is an abstraction of the services and periods in which consideration would result in injury to the individual. »
CHAPTER IV. - Amendments to minimum guaranteed pension amounts
Art. 29. Article 121, § 3, of the Act of 26 June 1992 on social and other provisions is supplemented by the following paragraphs:
“When the average treatment referred to in § 1^er is greater than EUR 17,741.42 and the total duration of eligible pension calculation services, regardless of the education bonuses and other periods as eligible services for the determination of the salary, but increased from the period between the date of taking the pension and the first day of the month following the 65th anniversary, is less than 20 years, the above salary is limited to that amount.
For the purposes of paragraph 2, the duration of eligible services is set aside from the reduction in time provided for in section 2 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of public sector pension for incomplete benefit services. »
Art. 30. In section 124 of the Act, as amended by section 21 of the Act of 5 April 1994, the words "under section 43 of the Act of 5 August 1978 referred to above" are replaced by the words "under the provisions of the Act of 5 April 1994 regulating the accumulation of public sector pensions with revenues derived from the exercise of a professional activity or with a replacement income".
Art. 31. Article 125, § 1^er, the Act is supplemented by the following paragraph:
"Also deducted from the supplement, primary disability allowances, disability benefits, unemployment benefits or similar benefits granted to the individual under foreign legislation. »
Art. 32. In section 126 of the Act, as amended by the Royal Decree of 20 July 2000, the following amendments are made:
1° § 2 is supplemented by the following paragraph:
"The benefits referred to in Article 125, § 1^er, paragraph 3, enter into account only up to 80% of their amount. »;
2° in § 3, the following paragraph shall be inserted between paragraphs 1^er and 2:
"However, in the event of the application of section 130, paragraph 2, the exemption provided for in paragraph 1^er does not apply to the portion of the spouse's pension corresponding to the basic minimum surcharge granted under section 127, which is taken into account after the deductions referred to in section 125, § 1^er, were operated. »
Art. 33. Section 127 of the Act is supplemented by the following paragraph:
"The difference between 40 p.c. of the guaranteed remuneration and the nominal amount of the pension is the basic minimum fee. »
Art. 34. Section 130, paragraph 2, of the Act is replaced by the following paragraphs:
"When married pensioners can each claim one of the guaranteed minimum amounts provided for in sections 120 or 121:
- the minimum basic supplement resulting from the application of section 127 is, if any, granted to each spouse;
- the supplement or part of the supplement which exceeds the basic minimum supplement is granted only to that of the spouses for which this chapter produces the most favourable effects, taking into account both the guaranteed minimum amount to which each spouse may claim, that the income or benefits referred to in Article 125, § 2, as they are taken into consideration after application of Article 126, § 3, of which each spouse benefits.
Where, as a result of the application of paragraph 2, amounts have been unduly paid to one of the spouses, the spouses may be deducted from amounts due and not yet paid to the other spouse. This compensation cannot in any case relate to amounts paid unduly more than ten years before the date on which it is operated. »
Art. 35. Section 135 of the Act is supplemented by the following paragraph:
"If a pension or annuity referred to in paragraph 2 has been paid in whole or in part in the form of a capital, the fictitious annuity corresponding to the liquidated capital shall be taken into account for the purposes of this section. »
Art. 36. Section 136 of the Act is supplemented by the following paragraph:
"If a pension or annuity referred to in paragraph 1^er has been paid in whole or in part in the form of a capital, the fictitious annuity corresponding to the liquidated capital is taken into account for the purposes of this section. »
Art. 37. An article 137bis, as follows, is inserted in the same law:
"Art. 137bis. The supplement resulting from the application of section 134 ceases to be paid during the calendar years in which the pensioner carries on any profit activity that provides him with an annual gross income equal to or greater than EUR 607,59. »
Art. 38. Section 138 of the Act is replaced by the following provision:
"Art. 138. § 1^er. The amounts referred to in sections 134 and 137bis are related to the pevot index 138,01 and vary according to the evolution of the consumer price index in the same way as the pensions and dependent survival of the Public Treasury.
For the purposes of paragraph 1^er, with respect to the amount referred to in section 137bis, reference is made to the pevote index effective 1^er January of the calendar year considered.
§ 2. The amount referred to in section 137bis may be increased by the King. »
CHAPTER V. - Amending pension provisions
Art. 39. Section 12 of the General Act of July 21, 1844 on civil and ecclesiastical pensions, as amended by the Royal Decree of July 20, 2000, is replaced by the following provision:
“Art. 12. Services and eligible periods for pension calculations that do not form a full calendar month are taken into account because of their monthly duration with two decimals. »
Art. 40. Section 37 of the Act is replaced by the following provision:
“Art. 37. The King determines the documents and documents that must be produced to justify the rights to a retirement or survival pension.
Governments and public institutions may, instead of all or part of the documents and documents that are necessary to determine the pension rights of their former staff members and their entitlements, prepare individual summaries reflecting the career and processing data of their staff members.
If they are established in accordance with a protocol between the Pension Administration and the government or the public institution concerned, these individual summaries have, for services taken from the authorities and agencies concerned, probative force to prove otherwise. This protocol contains a precise description of the form and content of the elements to be reproduced in the individual summary statement; it also specifies how these summaries are transmitted to the Pension Administration.
This protocol can be adapted at any time if the data in the summary statement no longer meets the needs. »
Art. 41. The table annexed to the Act is replaced by the table annexed to this Act.
Art. 42. In the Dutch text of article 3bis, paragraph 2, military pension laws coordinated by the Royal Decree of 11 August 1923, inserted by the law of 21 May 1991, the words "in beschuldiging gesteld" are replaced by the words "in verdenking gesteld".
Art. 43. In section 8 of the Act of 28 April 1958 relating to the pension of the staff of certain organizations of public interest and their beneficiaries, the words "who, prior to the application of this Act to the body of which they were a party or to the body that has resumed its duties, have ceased their services either because of their age or because they were affected by infirmities that put them permanently out of office »
Art. 44. Article 13, § 1^erthe Act of April 14, 1965 establishing certain relations between the various public sector pension plans are amended as follows:
1° in 1° the words "without the application of articles 4 and 9" are replaced by the words "without the application of the reduction of time provided for in article 4, paragraphs 2 and 4, or in article 9, paragraph 2; »;
2° 2° is replaced by the following provision:
"2° the last treatment of activity duly transposed into the scales in force on the date of taking of the pension or on the date the revision produces its effects; »;
3° the following paragraph is added:
"If for the determination of the amount of the single pension, the reduction of the time provided for in section 2 of Royal Decree No. 206 of 29 August 1983 has been applied, the duration of the services and periods referred to in paragraph 1^er, 1°, is established in accordance with the provisions of section 2 of that order while the last treatment of activity referred to in paragraph 1^er, 2°, is, for each function, the one provided for in article 3 of the same order. »
Art. 45. In Article 1^er the Act of 5 August 1968 establishing certain relationships between public-sector pension plans and those of the private sector, as amended by the Acts of 20 June 1975, 22 February 1998 and 25 January 1999, the words "of an order or order" are inserted between the words "by or under a law" and the words "by a provincial regulation".
Art. 46. Article 4, § 2, of the same law is supplemented as follows:
"as well as validated periods of career interruption or benefit reduction. »
Art. 47. Section 19 of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, as amended by the Act of 6 April 1976, is replaced by the following provision:
“Art. 19. Retirement and Survival Pensions are revised under the terms and conditions set out in Article 12. »
Art. 48. Section 32 of the Act is replaced by the following provision:
“Art. 32. Without prejudice to the application of the provisions of section 3 of the Act of 12 August 2000 on social, budgetary and other provisions, the provisions of this chapter apply to the civil dependant pensions of the Public Treasury which are liquidated solely on account of the fortieths 1/48, 1/50, 1/55 or 1/60. They do not apply to retirement pensions granted to staff of former executives in Africa and to persons referred to in Article 1^er of the Act of 16 June 1970 on the bonuses for diplomas in the matter of pensions of members of the education system.
Elevenths more favourable than those provided for in paragraph 1^er may be replaced by the fortieth 1/60 to obtain the benefit of the bonus provided for in this Act. »
Art. 49. An article 34ter, as follows, is inserted in the same law:
"Art. 34ter. For the purposes of sections 33, paragraph 1^er, and 34bis, the possession of a university degree is assumed to have constituted a condition to which the holder of such a degree must satisfy in order to be recruited in a grade 1 by a public interest agency affiliated with the pension scheme established by the Act of 28 April 1958 on the pension of the staff of certain public interest bodies and their entitled persons, before that body is granted a status of the analogous staff to that of the staff. »
Art. 50. An article 34quater as follows is inserted in the same law:
"Art. 34quater. The enhancement resulting from the application of this chapter is only granted if the function has been performed for a number of years at least equal to the duration to be improved. »
Art. 51. Article 35, § 1^erthe Act, amended by the Acts of 15 May 1984, 18 July 1990 and 21 May 1991, is supplemented by the following paragraph:
"This paragraph is not applicable to full-year education diplomas. »
Art. 52. In section 2, 3°, of the Act of January 10, 1974 regulating the eligibility of certain services and periods assimilated to the service activity for the granting and calculating of the public treasury pension, the words "that are applicable to it; are replaced by the words "which apply to it; the time during which the individual was on reduced benefit leave for reasons of personal convenience, however, is not considered; "
Art. 53. Article 36 of the Act of 29 June 1976 amending certain provisions of the communal law, the Rural Code, the legislation on the pension system of the communal staff and assimilated and regulating certain consequences of mergers, annexations and corrections of the limits of the municipalities realized by the law of 30 December 1975 is replaced by the following provision:
“Art. 36. § 1^er. By derogation from section 18 of the Act of 9 July 1969 amending and supplementing the legislation relating to the pension and survival of public sector agents, the pension attached to the by-law functions referred to in section 21 and expressed at the pvot index in force on the date of taking the pension, is established on the basis of the last treatment of activity referred to in this section, since this treatment is no longer adapted to the index
§ 2. In order to obtain the amount of the pension referred to in § 1^er, the reference treatment of the last five years of the career referred to in section 156, paragraph 2, of the new communal law, is obtained by taking the average:
- the last treatment of activity, divided by the coefficient which expresses, on the first day of the reference period, the increase from the index-pivot;
- the last treatment of activity, divided by the coefficient which expresses, on the last day of the same period, the increase from the index-pivot.
§ 3. In the event that the last treatment has been reduced in accordance with section 21, paragraph 2, the pension is established on the basis of the last treatment of non-reduced activity. In this case, the duration of the period during which the last treatment was reduced is multiplied by the ratio between, on the one hand, reduced treatment and, on the other, the same treatment without taking into account the application of the reduction.
§ 4. The pension referred to in § 1^er is granted to the applicant's request and may not be considered as a result of an ex officio retirement.
§ 5. Article 19 of the Act of 9 July 1969 referred to above is not applicable to pensions referred to in § 1^er. »
Art. 54. In section 59 of the Act of 24 December 1976 on budget proposals 1976-1977, amended by Royal Decree No. 418 of 16 July 1986 and the Royal Decree of 20 July 2000, the following amendments are made:
(a) § 2 is replaced by the following provision:
“§2. The period specified in § 1^er is increased to five years when undue amounts were obtained:
1° due to fraudulent manoeuvres or false or knowingly incomplete statements;
2° as a result of the debtor's forbearance to make the declaration of a change of civil status prescribed by a legal or regulatory provision or resulting from an earlier undertaking;
3° as a result of the fact that the actual amount of income referred to in sections 123, 125, § 2, 1°, or 137bis, of the law of 26 June 1992 dealing with social and other provisions, is different from that which was taken into account on the basis of statements made by the individual. »
(b) Paragraph 4 shall be amended as follows:
1° in paragraph 1^er, the words "7,50 EUR" are replaced by the words "75,00 EUR";
2° Paragraph 2 is replaced by the following provision:
"The amount set out in paragraph 1^er is linked to the Consumer Price Index effective 1^er January 2003. It is suitable, at 1^er January of each year, to the evolution of the Consumer Price Index in the same way as the Public Treasury's retirement and survival pensions. »
Art. 55. In section 2 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of public sector pension for incomplete benefit services, as amended by the laws of 31 July 1984 and 21 May 1991, the following amendments are made:
1° § 1^er, paragraph 2, is supplemented as follows:
"This paragraph shall not apply if the duration of eligible services is less than five years and may not, in other cases, have the effect of reducing to less than five years the period taken into account for the purposes of paragraph 1^er(a). It also does not apply to pensions considered as accessories within the meaning of paragraph 5. »;
2° § 1^er, is supplemented by the following paragraphs:
"For the purposes of this paragraph, where an officer has, for a certain period of time, performed several functions simultaneously that result in the liquidation of separate pensions:
- the services performed in the function with the largest amount of benefits, are attached to the pension as the principal;
- other services are related to pensions considered as accessories. If several miscellaneous pensions are liquidated, the services rendered in the various functions are attached to the various miscellaneous pensions in the descending order of the amount of benefits performed.
In order to assess the volume of benefits in the various functions, it is, if necessary, made prior application of section 3 of the Act of 20 March 1958 on the cumulative pension and salary and the pension plan for multiple functions.
If the volume of benefits performed in separate functions is the same, the services performed in the best-paid function are, for the purposes of paragraph 5, considered to have a greater amount of benefits than that of the other function.
For the purposes of paragraphs 5 and 6, the amount of benefits is assessed at any time of the career.
Services made after the day on which a pension is taken, which at that date is the main pension, can only be attached to ancillary pension. »;
3° § 2, paragraph 1^er, is supplemented by the following provision:
"This paragraph is not applicable to pensions considered as accessories within the meaning of § 1^er, paragraph 5, except where it has been applied to the pension considered to be principal or that the pension has only full benefit services. »
Art. 56. The following amendments are made to section 49 of the Act of 15 May 1984 on measures of harmonization in pension plans, as amended by the Act of 21 May 1991:
1° § 1^er, is replaced by the following provision:
« § 1^er. For persons who do not have twenty years of eligible services for the opening of the right to pension, excluding education bonuses and extended periods as a qualifying service for the determination of treatment, the services and periods during which these persons constituted the rights to a pension not referred to in section 45, or to a pension under former career staff member of the African executives, are not taken into consideration.
§ 2. For persons who do not have twenty years of eligible pension calculation services, excluding education bonuses and extended periods as services allowed for the determination of treatment:
1° the bonus of time for diploma or preliminary studies that have not been the subject of an expensive validation is taken into account only in the case of the relationship between the duration, expressed in months, of such eligible services and the number two hundred and forty;
2nds 1/12^e, 1/20^e, 1/25^e, 1/30^e, or 1/35^e are replaced by the fortieth 1/50^e;
3° Eligible services and periods only intervene for their simple duration.
For the purposes of this paragraph, the duration of eligible services shall be determined without the reduction of the time provided for in section 2 of Royal Decree No. 206 of 29 August 1983 referred to above. »
2° § 2 becomes § 3.
Art. 57. Section 51 of the Act is replaced by the following provision:
“Art. 51. The benefit of this title is subject to the introduction of an application that must be addressed to the administration to which the interested party has belonged in the last place or to the pension agency.
In its application that may not be filed more than one year before the date on which the pension is taken, the applicant shall determine the date on which the pension is to take place.
However, the pension takes place on the first day of the month following the one in which the application was filed:
- if the application is not filed in the year following the 60^e applicant’s birthday;
- if the application is not filed in the year following the termination of its duties when the applicant ceases to serve only after its 60th anniversary. »
Art. 58. In Article 2bis, § 1^er, paragraph 2, of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on pensions of public service officers, inserted by the law of 25 May 2000, the words "for a maximum of twenty four months" are inserted between the words "is not required" and the words "for periods during which the member".
Art. 59. Paragraphs 2 and 3, as amended by the laws of 25 January 1999 and 30 March 2001, are replaced by the following paragraphs:
"The pension is calculated on the basis of the reference treatment defined in Article 8, § 1^er, paragraph 2, of the General Act of 21 July 1844 on civil and ecclesiastical pensions.
The services that the person concerned has taken into account, by year of service, at 1/50 of this reference treatment:
1° as a member of the municipal police force having the capacity of police officer competent for the exercise of judicial or administrative police missions or as an auxiliary police officer;
2° as a member of the operational body of a fire department that participates directly in the fight against fire. »
Art. 60. Section 79 of the Act of 21 May 1991 amending public sector pension legislation is replaced by the following provision:
"Art. 79. Any person who benefits from a retirement or survival pension referred to in section 78 may, at any time, waive the payment of the entire pension, if that waiver allows him to obtain a replacement income.
Any person who benefits from a survival pension referred to in section 78 may, at any time, waive the payment of the entire pension, if this waiver allows him to obtain another survival pension, whether or not referred to in the same section, but whose rights arise from another marriage. »
Art. 61. Section 81 of the Act is supplemented by the following paragraph:
"The date on which the pension payment is reinstated is considered to be the date on which the pension is taken for the purposes of the Act of April 5, 1994 regulating the accumulation of public-sector pensions with income from the exercise of a professional activity or with a replacement income. »
Art. 62. Article 85bis, as follows, is included in the Act of 20 July 1991 on social and other provisions:
"Art. 85bis. Where temporary services are considered for the establishment of the retirement pension referred to in this section, amounts due under section 1^er of the Act of 5 August 1968 establishing certain relations between the public sector pension plans and those of the private sector are paid to the authority or agency that bears the responsibility of the portion of the pension for the services in question.
The amounts referred to in paragraph 1^er which relate to temporary services presumed in education before 1^er January 1992 by a member of the teaching staff referred to in Article 77 and who before that date conferred rights to a pension dependant of a power or agency other than the State referred to in Article 1^er of the Act of 14 April 1965 establishing certain relations between the various public sector pension plans, however, are definitively acquired for the benefit of that authority or agency if these amounts were paid to that authority or agency before 1^er January 1992.
When, after application of paragraph 1^er, the temporary services referred to in this paragraph shall be taken into account in the establishment of a survival pension, the power or organization that bears the charge of the portion of the survival pension for those services, recovers half of the amounts referred to in section 1^er the Act of 5 August 1968 referred to above with the authority or body to which these amounts were paid. »
Art. 63. In article 3, paragraph 2, fifth of the Act of 12 August 2000 on social, budgetary and other provisions, the words "or was hospitalized for palliative care" are replaced by the words "or other than those during which the agent interrupted his career to give palliative care to a patient. »
Art. 64. Section 10 of the Act of 30 March 2001 on the pension of police personnel and their legal persons, as amended by the Act of 6 May 2002, is supplemented by the following paragraph:
"By derogation from the preceding paragraph, the minimum age of 58 is replaced by 54 years or 56 years for the personnel referred to in paragraph 2, 1° or 2,° respectively with respect to the consideration of services and periods for which the share in the single pension charge is borne by the Public Treasury, the Belgian National Railway Company or the Brussels International Airport Company. »
CHAPTER VI. - Alternative arrangements for survival pensions
Art. 65. Article 18 of the Decree of 28 June 1957 on the Status of the Colonial Insurance Fund is replaced by the following provision:
“Art. 18. Take into account for the grant of the orphan allowance:
1 the children of the affiliate;
2° the children of the spouse of the affiliate provided that they have been in charge of the affiliate who, of that leader, has received, from his/her lifetime, family allowances and that no dependant allowance of the colonial treasury or under the legal provisions relating to insurance for the old age and premature death of colonial employees is granted to their benefit. »
Art. 66. Article 19, § 1^er, paragraph 2, of the same decree shall be replaced by the following provision:
"Without prejudice to the provisions of Article 20, this allowance is increased by 50 p.c. for the benefit of father and mother orphans. »
Art. 67. In article 44ter, § 5, of the law of 5 August 1978 of economic and budgetary reforms, the words "or the date of the transcript on civil state registers, of the judgment authorizing divorce. are replaced by the words "or the date on which the judgment or judgment that pronounces the divorce has acquired force of judgment. and the words "or on the date of the transcript of the judgment authorizing the divorce" are replaced by the words "or on the date on which the judgment or judgment which pronounces the divorce has acquired the force of the tried thing."
Art. 68. Section 2 of the Act of May 15, 1984 on measures of harmonization in pension plans, as amended by the Act of May 21, 1991 and the Royal Decree of July 16, 1998, are amended as follows:
1° § 2 is supplemented by the following paragraph:
"If spouses whose marriage has been dissolved by a divorce are noticed between them and the spouse entitled to a survival pension dies less than a year after the remarried, without any of the conditions of dispensation provided for in § 1^er, paragraph 2, or completed, the surviving spouse shall be entitled, if any, to the pension that he or she would have had as a divorced spouse before his or her re-marriage. »;
2° 1 § 3, as follows, is added:
“§3. The surviving spouse may not claim for the benefit of this chapter if he has been convicted for having committed to the life of his spouse. »
Art. 69. In Article 3, § 2, paragraph 1^erfrom the same law, the words "from the first day of the thirteenth month following that of remarriage" are replaced by the words "from the first day of the month following that of remarriage and until the first day of the month following that of the death of the spouse or the former spouse with whom the surviving spouse remarried".
Art. 70. In section 4 of the Act, as amended by the Acts of 21 May 1991 and 26 June 1992, the following amendments are made:
1° in § 1^erParagraph 1^er, the words ", the part of the month that the total would eventually be overlooked" are replaced by the words "with two decimals";
2° in § 1^er, paragraph 2, the words "by age limit or because of physical incapacity" are replaced by the words "either because of physical incapacity or ex officio for another reason";
3° in § 2, paragraph 1^er, the words "However, the maximum treatment referred to above" are replaced by the words "However, the maximum treatment or average of the aforementioned treatments";
4° § 2, paragraph 1^er, is completed as follows:
"3° where the spouse did not die in service activity, that he could not claim services or periods after December 31, 1976, and that on the basis of the provisions in force as of May 31, 1984, he had less than twenty years of eligible services for the calculation of a survival pension. »;
5° in § 2, paragraph 3, 2°, the words ", considered as a principal pension within the meaning of Article 2, § 1^er, paragraph 5 of this Order are inserted between the words "29 August 1983 referred to above" and the words "and for which";
6° in § 3, paragraph 1^er and 2 are replaced by the following:
“§3. If the deceased spouse exercised a principal function within the meaning of § 2, paragraph 3, the amount of the pension established in accordance with §§ 1^er and 2 may not, as long as the surviving spouse has not reached the age of 45, exceed the amount provided for in section 122, paragraph 1^erthe Act of 26 June 1992 on social and other provisions.
If the deceased spouse did not perform a principal function within the meaning of § 2, paragraph 3, the amount of the pension established in accordance with §§ 1^er and 2 may not, as long as the surviving spouse has not reached the age of 45, exceed the minimum amount of survival pension provided for in Article 122 of the Act of 26 June 1992 referred to above, possibly reduced under Article 125, § 1^erThat same law.
Derogation from paragraph 1^er, paragraph 2 is also applicable if the deceased spouse exercised a principal function within the meaning of § 2, paragraph 3, but he or she has received a pension referred to in Article 118, § 2, 2°, 3° or 4°, of the Act of 26 June 1992 referred to above, or could have claimed such a pension if he or she had not died before the date on which the latter was taken. »
Art. 71. Article 5, § 3, paragraph 1^er, 2°, of the same law, inserted by the law of 21 May 1991, is replaced by the following provision:
"2° of a bonus equal to that provided by articles 33, paragraph 1^er, and 34 bis of the Act of 9 July 1969 amending and supplementing the legislation relating to pension and survival of public sector workers, if the retirement pension of the deceased spouse was not or would not have been established taking into account a degree bonus. »
Art. 72. In section 9 of the Act, as amended by the Act of 21 May 1991, the following amendments are made:
1° in paragraph 6, the words "paragraphs 3 and 4" are replaced by the words "paragraphs 4 and 5";
2° the article is supplemented by the following paragraph:
"The orphan cannot claim to the benefit of this chapter if he has been condemned for having reached the life of the person who opens him a right to a survival pension. »
Art. 73. In article 15bis, paragraph 1^er, from the same law, inserted by the law of 21 May 1991, the word "thirteen" is deleted.
CHAPTER VII. - Amending cumulative provision
Art. 74. Section 2, 3°, of the Act of April 5, 1994 regulating the cumulation of public sector pensions with income from the exercise of a professional activity or with a replacement income is supplemented as follows:
"However, it is not considered a substitute income, the allowance granted in the event of a career interruption or reduction of benefits for the purpose of providing palliative care, parental leave or for assistance or care to a member of his household or a member of his family up to the second degree who suffers from a serious illness. »
CHAPTER VIII. - Autonomous provisions
Section 1^re. - Affiliation of the Belgian Radio-Television of the French Community (RTBF) to the pension scheme established by the Act of 28 April 1958 on the pension of personnel of certain public bodies and their beneficiaries
Art. 75. For the purposes of this section, it shall be understood by:
1° "the RTBF": the autonomous public cultural enterprise of the French Community "Belgian Radio-TV of the French Community" referred to in Article 1^er of the decree of the French Community of 14 July 1997 concerning the status of the Belgian Radio-Television of the French Community (RTBF);
2° "Administration": the Department of Finance Pension Administration;
3° "the Service": the Central Service of Fixed Expenditures of the Treasury Administration of the Department of Finance;
4° "the law": the Act of 28 April 1958 on the pension of staff of certain public bodies and their beneficiaries;
5° "affiliation": the application to the RTBF of the pension plan established by law.
Art. 76. § 1^er. Pensions for RTBF statutory staff appointed on a final basis or admitted to the internship, as well as survivors ' pensions, are regulated by law.
For the application of Article 8, § 1^er, paragraph 2, of the general law of 21 July 1844 on civil and ecclesiastical pensions, are assimilated to a definitive appointment, a designation made pursuant to the decree of the Government of the French Community of 16 May 1995 relating to the designation for fixed duration to certain jobs of the Belgian Radio-TV of the French Community (RTBF) or a designation made pursuant to articles 17, §§ 2 and § 3,
For the determination of the reference treatment referred to in Article 8, § 1^er, paragraph 2, of the general law of 21 July 1844 referred to above, it shall be taken into account the award granted under Article 6 of the decree of the Government of the French Community of 16 May 1995 referred to above, as well as the award granted under the special conventions concluded pursuant to Articles 17, § 4, and 18, § 2, of the decree of the French Community of 14 July 1997 referred to above.
§ 2. By derogation from section 2 of the Act, the services rendered to the FTA are considered for the calculation of the pension at the rate of 1:55^e per year of service. The same is true of the periods during which an agent was placed by the RTBF on availability for illness or on availability for personal convenience prior to retirement.
§ 3. For the purposes of Article 12, § 2, of the Act, the monthly salaries referred to in this provision are increased by 9 p.c..
§ 4. The subrogation under section 13 of the Act is not made. However, for pensions referred to in Article 77, § 1^erParagraph 1^er, this subrogation is made up of the amount of the pension to which the employee is a beneficiary under the pension plan of the employed workers because of the services he has performed at the FTO.
Art. 77. § 1^er. Retirement and survival pensions for former employees of the RTBF and their beneficiaries on the eve of the affiliation shall be taken up by the pension plan established by the law up to the nominal rate of the pension to which the holder could claim on that date in accordance with the provisions applicable to it.
Derogation from paragraph 1^er, the retirement pensions, which were in progress on the eve of the affiliation, which were granted pursuant to the decree of the French Community of 30 September 1993 on certain provisions concerning retirement pensions of the final agents of the Belgian Radio-Television of the French Community (RTBF) are taken up to the nominal rate of the pension to which the holder could have claimed if he had not been applied the first month of decree only, § 4
Derogation from paragraph 1^er, the surviving pension, which was in progress on the eve of the affiliation, which was granted pursuant to the decree of the French Community of 3 July 1986 referred to above, to the persons entitled to retirement under the decree of 30 September 1993 above, shall be up to the nominal rate that the pension would have reached if it had not been taken into account the period referred to in article 2, § 4, of the latter decree.
§ 2. By derogation from article 139 of the law of 26 June 1992 relating to social and various provisions, a supplement of pension may be granted to persons who, on the eve of the affiliation, actually benefit from a supplement granted under the guarantee minimum amount of pension or a supplement granted in the case of a serious disability under the decree of the French Community of 29 November 1993 relating to pensions allocated to the final agents of the Belgian Radio-Television
For persons referred to in paragraph 1^er, the application of the provisions of the decrees of 3 July 1986 and 29 November 1993 shall not at any time be able to provide the person concerned with an amount greater than that of which he actually enjoyed on the eve of the affiliation, regardless of the subsequent evolution of his situation. In addition, the minimum amount resulting from the application of these decrees can only be determined on the basis of the rates, scales and the slip index in force on the eve of the affiliation.
The supplement referred to in paragraph 1^er is not considered for the purposes of section 125 of the Act of 26 June 1992 referred to above.
§ 3. For the purposes of Article 12 of the Act of 9 July 1969 amending and supplementing the legislation relating to pensions and survival of public sector workers to pensions referred to in § 1^erthe percentage provided for in this article shall be determined taking into account the nominal rate defined in that paragraph. For pensions that have been calculated on the basis of a reference salary that has been established taking into account such premiums, allowances, allowances or other benefits, these elements of compensation are expected to be an integral part of the salary scale.
Art. 78. The King is empowered to determine the payment of the pension supplement that would be granted by the French Community to former RTBF personnel or their eligible beneficiaries.
Section 2. Other autonomous provisions
Art. 79. Staff of the National Social Security Office of provincial and local governments who, before 1^er April 1975, preceded services with the Brussels Agglomeration Identification Office, and which, from the date mentioned above, were appointed on a final basis with the said National Office, are entitled from the age of 65 to a dependant allowance of the budgetary appropriations of the aforementioned National Office. Staff members are also entitled to an allowance from the death of such staff members. This allowance is equal to the difference between on the one hand the amount of the pension to which these staff members or their beneficiaries would benefit if the services they have taken from the Brussels Agglomeration Identification Office had been provided to the National Office, and on the other hand, the amount of the pension that these staff members or their eligible beneficiaries benefit for these same services in any other pension plan.
Art. 80. The provisions of articles 40, 40bis, 42, 43bis, 43ter, 44, 44bis, 46quater and 50bis, § 2, of the Law of 5 August 1978 of economic and budgetary reforms, are applicable to pension and survival pensions and benefits, taking place granted to staff members, as well as to members of the management, administration and management bodies of public legal persons who depend on communities or regions.
The provisions of sections 123 to 127, 136 and 137bis of the Act of 26 June 1992 relating to social and other provisions apply to pension supplements granted to persons receiving a pension referred to in paragraph 1^er.
Art. 81. Members of the staff of the French Community Commission appointed on a final basis to this Commission after 31 December 1996 shall be entitled to the pension plan applicable to officials of the General Administration of the State. This pension is the responsibility of the Public Treasury. The same applies to staff members appointed on a final basis to the French Community and transferred to the French Community Commission pursuant to Decree II of 19 July 1993 of the French Community allocating the exercise of certain competences of the French Community to the Walloon Region and to the French Community Commission.
Art. 82. § 1^er. For the application to the staff of the Luxembourg University Foundation of Sections 5, 6 and 8 of the Act of 21 June 1985 concerning teaching, the date of entry into force of Chapter I of this Act is replaced by the date of 1^er January 1998.
§ 2. For the application to the staff of the Luxembourg University Foundation of articles 6, § 1^er, and 7 of the Act of 4 August 1986 regulating the retirement of teaching staff and amending other provisions of the educational legislation, the date of 1^er July 1971 is replaced by the date of 1^er January 1998.
Art. 83. The Flemish mediator benefits from the pension plan provided for in section 20 of the Act of 22 March 1995 establishing federal mediators. This pension is the responsibility of the Public Treasury.
Art. 84. The Commissioner for the Rights of the Child of the Flemish Community shall, for the duration of his duties, be entitled to the same pension scheme as state agents with a final appointment. This pension is the responsibility of the Public Treasury.
CHAPTER IX. - Abrogatory provisions
Art. 85. Are repealed:
1st Article 9 of the General Law of 21 July 1844 on Civil and Ecclesiastical Pensions, amended by the laws of 17 February 1849, 10 January 1886 and 17 June 1971;
2° Article 13 of the Act, replaced by the Act of 2 August 1955;
3° Article 14 of the same law, last amended by Royal Decree No. 16 of 15 October 1934, confirmed by the law of 4 May 1936;
4° articles 17 to 19 of the same law;
5° Article 44 of the Act, amended by the Act of 24 November 1928 and by Royal Decree No. 16 of 15 October 1934;
6° Article 3, paragraph 1^er, littera A, 1°, 2° and 6°, and littera B, (a) , 1°, as amended by the laws of 14 July 1930, 13 July 1934 and 24 July 1997, and littera D, as amended by the laws of 13 July 1934, 17 June 1971 and 24 July 1997, military pension laws coordinated by the Royal Decree of 11 August 1923;
7° Article 24bis, 3°, of the law of 1^er March 1958 relating to the status of career officers and reserve officers of the armed forces, inserted by the Act of 22 March 2001;
8° Article 27bis, 3°, of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active armed forces, inserted by the Act of 22 March 2001;
9° Articles 20 to 22 of the Act of 14 April 1965 establishing certain relations between the various public sector pension schemes;
10° sections 21 to 24, 26, 27, as amended by the Act of 20 June 1975, 28 and 36 of the Act of 5 August 1968 establishing certain relationships between public-private pension plans;
11° Article 19 of the Act of 17 June 1971 amending the General Act of 21 July 1844 on civil and ecclesiastical pensions, the Act of 27 July 1962 establishing the minimum rate of certain pension and surviving pensions of the public treasury and other pension laws;
12° Article 18quater, 3°, of the Act of 12 July 1973 on the Status of Volunteers of the Active Framework of the Armed Forces, inserted by the Act of 22 March 2001;
13° Article 3, § 7, 7°, of Royal Decree No. 442 of 14 August 1986 concerning the impact of certain administrative positions on the pensions of public service officers, replaced by the Royal Decree of 14 June 2001;
14° Article 82 of the Act of 21 May 1991 amending public sector pension legislation;
15° Article 126, § 4, of the Law of 26 June 1992 concerning social and various provisions.
CHAPTER X. - Transitional provisions
Art. 86. § 1^er. Pensions in progress on the eve of the entry into force of sections 5, 49, 51 and 71 are, at the request of the concerned, revised as amended by these sections.
The request for review referred to in paragraph 1^er must be addressed to the authority that manages the pension plan to which the parties are subject.
§ 2. The revision following the amendments made by articles 5, 49, 51 and 71 shall be carried out in the following manner:
1° for pensions after 31 December 1989, the nominal amount of the pension in force on the date on which the revision is to be carried out is multiplied by the ratio between the nominal amount that the pension would have initially reached if it had been established in accordance with the provisions of Articles 5, 49, 51 and 71 and the original nominal amount;
2° for pensions that took place before 1^er January 1990, the nominal amount of the pension effective at the date on which the revision is to be made multiplied by the ratio between the nominal amount that the pension would have initially reached if it had been established in the light of the provisions of sections 5, 49, 51 and 71, and the original nominal amount, the latter two amounts being duly transposed to the pevot index 138,01. For this transposition, the provisions of Article 10, § 1 shall be applied.^er, paragraph 2, of the Act of 2 January 1990 temporarily granting an additional pension to certain public sector pensioners.
§ 3. The application for review shall be effective on the first day of the month following the day on which it is introduced. However, if it is introduced before the sixth month after the sixth month following the sixth month in which this Act has been published to the Belgian Monitor, it produces its effects on 1^er January 2003.
§ 4. The revision following the amendments made by sections 5 and 51 is effected only when at least one full month of degree bonuses has not been granted due to services presumed during studies that are considered for public sector pension.
Art. 87. For the purposes of Article 4, § 3, of the Act of 15 May 1984 on measures of harmonization in pension plans, the surviving pension granted for the exercise of a principal function within the meaning of Article 4, § 2, paragraph 3, of that Act was, when the deceased spouse was entitled to a pension referred to in Article 118, § 2, 2°, 3° or 4°, of the law of the pension
By derogation from Article 7, § 3, paragraph 2, of the Act of 5 April 1994 regulating the accumulation of public sector pensions with income from the exercise of a professional activity or with a replacement income, the survival pension referred to in paragraph 1^er is suspended when the amounts fixed in Article 7, §§ 1^er and two are outdated.
Art. 88. Section 78, paragraph 4, of the Act of 20 July 1991 on social and other provisions is supplemented as follows:
"The function exercised between 1^er January 1996 and December 31, 2002 and paid on the basis of a financial status in which there is no more distinction between remuneration as a principal function and remuneration as an incidental function, is assumed to have been performed as a principal function if, on the basis of the last applicable monetary status in which there was still such a distinction, it had been paid as a principal function. »
Art. 89. Section 53 also applies to current pensions on the effective date of this section.
Art. 90. The application of section 59, § 2, 3, of the Act of 24 December 1976 on budget proposals 1976-1977 may not have the effect that amounts paid unduly before the first day of the sixth month preceding the date of the entry into force of section 54 and which were prescribed on the basis of the provisions as they were denominated before their amendment by section 54.
Art. 91. For marriages contracted before the entry into force of articles 69 and 73, the period of 13 months provided for in articles 3, § 2, paragraph 1^erand 15 bis, paragraph 1^er, the Act of May 15, 1984 on harmonization measures in pension plans as enacted before their amendment by sections 69 and 73, remains applicable.
Section 69 is not applicable to survivors' pensions pending on the date of entry into force of this section that have been suspended as a result of a re-marriage and whose payment has been restored following a divorce.
CHAPTER XI. - Entry into force
Art. 92. This Act comes into force on 1^er January 2003.
Derogation from paragraph 1^er :
1° Articles 65, 66 and 72, 1°, produce their effects on 6 June 1987;
2° Articles 11, § 1^er, and 13, 1°, produce their effects on 29 June 1991;
3° Article 70, 2° produces its effects on 1^er July 1991;
4° Article 87 produces its effects of 1^er July 1991 to 31 December 2002;
5° Articles 13, 4°, and 18 produce their effects on 1^er October 1991;
6° Article 62 produces its effects on 1^er January 1992;
7° Articles 30 and 79 produce their effects on 1^er January 1994;
8° Article 88 produces its effects of 1^er January 1996 to 31 December 2002;
9° Article 81 produces its effects on 1^er January 1997;
10° Article 64 produces its effects on 1^er April 2001;
11° Article 43 produces its effects on 1^er August 2002;
12° Articles 53, 69 and 73 come into force on the first day of the month following that in which the present law was published in the Belgian Monitor;
13° Articles 8, 9 and 13, 3°, produce their effects on the date of the merger of the Antwerp academic institutions;
14° Articles 39 and 70, 1°, come into force on the first day of the sixth month following that in which this law was published in the Belgian Monitor.
15° The King sets the effective date for Chapter VIII, Section 1.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 February 2003.
ALBERT
By the King:
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2001-2002.
Documents. - Bill, 50-190, No. 1. - Annexes, 50-190, No. 2. - Amendments, 50-190, n^bones 3 to 5. - Report, 50-190, No. 6. - Text adopted by the commission, 50-190, No. 7. - Text adopted by the commission, 50-190, no. 8. - Amendments, 50-190, No. 9. - Text adopted in plenary and transmitted to the Senate, 50-190, No. 10.
Full report. - 17 and 18 December 2002.