Key Benefits:
Law of 31 May 1956 on a general old-age pension
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is appropriate to lay down rules on a general and general public insurance against pecunious effects of old age;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 For the purposes of this Act and of acts adopted in its implementation, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
(b) bodies: legal persons, firms and partnerships, non-legal forms of cooperation which may be the same as associations of associations, undertakings of legal persons and target assets;
c. Stranger: what is meant by the Aliens Act 2000 ;
d. Gross minimum wage: the Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances amount referred to;
(e) law has been deprived of his freedom: freedom of law has been deprived of his right, subject to the cases provided for in the Law on special drawings in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
f. 'Judicial establishment' means a penitentiary establishment or a provision for consultation of a place of care;
g. Continental Shelf: the exclusive economic zone of the Kingdom of the Article 1 of the National Law on the exclusive economic zone , to the extent that it borders the territorial sea of the Netherlands;
h. Deprivation of liberty or deprivation of liberty: a custodial sentence or measure involving deprivation of liberty imposed by an irrevocable judgment as intended for the purpose of the Penal code , subject to the cases provided for in Article 37, first paragraph, of the Penal Code ;
i. pensionable age: age, specified in Article 7a , where entitlement to a retirement pension arises;
j. start-to-date: age, specified in Article 7a , with effect from which an uninsured period leads to a reduction in the old age pension;
k. CBS: Central Statistical Office, intended in Article 2, 1st paragraph, of the Law at the Central Bureau of Statistics .
2 The following shall be assimilated to the following provisions:
a. spouse: registered partner;
b. spouses: registered partners;
c. married: registered as a partner;
d. married: registered as a partner.
3 This Act and the following provisions shall be based on:
a. As married or as a spouse, the unmarried majority-year-old, who carries a common household with another unmarried adult, unless it concerns a relative of the first degree;
b. As unmarried, the person who lives permanently separated from the person with whom he is married shall be regarded as unmarried.
4 A common household is involved if two persons have their main residence in the same dwelling and they show care for each other through the provision of a contribution to the cost of the household or otherwise.
5 A common household shall in any event be deemed to be present if the persons concerned have had their main residence in the same dwelling and:
a. They have been married to each other, or have been equal to them before the application of this Law;
b. their relationship a child has been born or recognised by one child of one by the other;
(c) they have a mutual obligation to contribute to the housekeeping under a contractual social contract; or
d. They shall be regarded as having a common household attitude, according to their nature and scope, corresponding to the common household, referred to in the fourth paragraph.
6 In the case of general management measures, the registrations and during which period shall be taken into account for the purposes of the fifth paragraph.
7 In the case of a general measure of management, rules may be laid down in respect of what is meant by the main residence in the same dwelling as referred to in the fourth and fifth paragraphs, introductory wording, and indicate that it is necessary to ensure that the as referred to in the fourth paragraph.
8 Under the first degree referred to in paragraph 3 (a), part (a) shall be understood to mean an adult child or a former foster child of the unmarried adult adult.
9 Under the former foster child as referred to in paragraph 8, the term 'foster child' means a foster child for whom the unmarried adult has received or receives a foster charge on the basis of the Law on Youth or the Juvenile law , or child benefit received on the basis of the General Child by-entry law .
Resident within the meaning of this law is the one, who lives in the Netherlands.
1 Where a person lives and where a body is located is assessed according to the circumstances.
2 For the purposes of application of the first paragraph, ships which have their home port in the Netherlands shall be considered as part of the Netherlands.
3 He who left the Netherlands with the Netherlands and within a year afterwards he returns without having to have in Aruba, Curaçao, Sint Maarten, the public bodies of Bonaire, Sint Eustatius and Saba, or on the territory of another Mogenity He is also considered to have resided in the Netherlands for the duration of his absence.
1 Insured in accordance with the provisions of this Act is the person, who has not yet reached the retirement age, and
a. Resident;
b. is not resident, but is subject to payroll tax in respect of labour in the Netherlands or in the continental shelf in employment.
2 Uninsured is the foreigner who does not lawfully stay in the Netherlands stay within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
3 By way of derogation from the first and second paragraphs, by means of a general measure of management or under a general measure of management, it may be granted to the insured person.
4 In the case of a measure referred to in paragraph 3, a derogation from the second paragraph may be waived in respect of:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legally residing in the Netherlands, as referred to in Article 8 (g) or (h) of the Aliens Act 2000.
If necessary by derogation from Article 6 and the following provisions:
a. The person who is insured is the person whose insurance arises under this law from the application of provisions of a treaty or of a decision of an international organisation;
b. does not qualify as an insured person, the person to whom the legislation of another power is applicable under a treaty or to a decision of an international organisation.
1 Right to a retirement pension according to the provisions of this law, the person who
(a) has reached the retirement age; and
(b) having been insured under this law for at least one calendar year during the period of the day at which the commencement date was reached and ending with the day preceding the date on which the pensionable age was reached.
2 In the case of ministerial arrangements, rules shall be laid down concerning the redirection of parts of calendar years up to whole calendar years.
1 The retirement age and the starting age are:
a. Before 1 January 2013: 65 and 15 years respectively;
b. In 2013, 65 years and one month, 15 years and one month respectively;
c. in 2014: 65 years and two months, 15 years and two months respectively;
d. in 2015: 65 years and three months, respectively 15 years and three months;
e. in 2016: 65 years and six months, 15 years and six months respectively;
f. in 2017: 65 years and nine months, respectively 15 years and nine months;
g. in 2018: 66 years, and 16 years respectively;
h. In 2019: 66 years and four months, respectively 16 years and four months;
i. in 2020: 66 years and eight months, respectively 16 years and eight months;
j. in 2021: 67 years, and 17 years respectively.
In the case of pensioners who have reached pensionable age in a given calendar year, the pensionable age and the commencement date in the calendar years thereafter shall not apply.
2 The further increase in the pensionable age and the commencement time shall be determined annually, for the first time by 1 January 2017 for the year 2022, according to the following formula:
V = (L-18.26)-(P-65)
where:
V is the period of increase of the pensionable age and the start-up period, expressed in terms of periods of one year;
L stands for the estimated macro average life expectancy at the age of 65 in the calendar year of increase;
P is the pensionable age in the calendar year preceding the calendar year of increase.
If V is negative or is less than 0,25, it shall be set to 0. If V is 0,25 or more, it shall be set at three months.
3 The increase referred to in paragraph 2 shall enter into force each time five years after the final date of fixing referred to in paragraph 2 for the first time as from 1 January 2022.
4 The estimates of the macro average remaining life expectancy, referred to in the second paragraph, shall be conducted and published by the CBS.
1 The pensioner married before 1 January 2015 and is entitled to a retirement pension before that date and whose spouse is less than the pensionable age shall be entitled to a supplement in accordance with the provisions of this Law; unless, with due regard to Article 11 , the income from employment or other income of that spouse exceeds the full gross supplement.
2 By way of derogation from paragraph 1 on or after 1 January 2015, no more entitlement to be charged as a result of:
a. change in the income referred to in the first paragraph;
b. alteration of the living form, which no longer refers to an unmarried one as intended Article 1, second and third paragraphs ;
(c) residence in the Netherlands or in a country with which a treaty entered into force or has entered into force of an international law, under which the right to an additional charge may be granted as a supplement to the Treaty; Article 8a, third paragraph ;
d. an entry-level statement as intended Article 8b, third paragraph ; or
e. no longer withdraw from the enforcement of a custodial sentence or custodial measure as intended in Article 8c, third paragraph .
3 If the right to supplement has ended only as a result of an occasional increase in the income referred to in paragraph 1, the right to supplement it may, by way of derogation from the second paragraph, be revived.
Where the provisions of this law and the decisions taken up to its implementation are referred to as an oldage pension, they shall be understood as meaning the supplement referred to in paragraph 1, unless otherwise specified.
1 No entitlement to surcharge has the pensioner referred to in the Article 8, first paragraph , who does not live in the Netherlands.
2 The first paragraph shall not apply where the pensioner resides in a country where, under a treaty or by a decision of an international organisation, entitlement to an additional charge may exist.
3 For the pensioner, whose entitlement to the allowance has not arisen or has ceased to be paid under the first paragraph, the right shall rise, respectively, to the allowance on the first day of the month:
a. Where he lives in the Netherlands; or
(b) that he is resident in a country with which a treaty has entered into force or has become in force by a decision of an international organisation which may be entitled to an additional charge;
and fulfils the conditions specified in Article 8, first paragraph .
4 In the case of or under general measure of management, it may be determined that it is entitled to an additional charge:
a. The pensioner referred to in Article 8, first paragraph , which carries out work in the public interest and does not reside in the Netherlands;
b. The pensioner referred to in Article 8, first paragraph , who lives in Aruba, Curaçao, Sint Maarten or in public bodies Bonaire, Sint Eustatius and Saba; or
(c) members of the family of the pensioner referred to in points (a) or (b).
5 Our Minister shares in which countries may be entitled to supplement under a treaty or a decision by an international organization of international law. This communication shall also include:
(a) the place where the relevant Convention or Decision is established; and
b. any restrictions which may be present in that Convention or Decision.
1 No entitlement to a retirement pension arises for the pensioner, who is deprived of his freedom of law if the day on which the oldage pension is to enter or the day after the end of the application of the pension Article 8c, first paragraph In relation to that entitlement to a retirement pension, it is in the period that he has been deprived of his freedom.
2 The right to a retirement pension shall end if the pensioner has been deprived of his freedom for a period of at least one month.
3 The person who is not entitled to a retirement pension under the first or second paragraphs shall be entitled to an old-age pension from the day on which he was placed in freedom in accordance with the provisions of this Law.
For the purposes of applying the second paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
5 The first and second paragraphs shall not apply, and the third paragraph shall apply mutatis mutandis to categories of persons subject to general measures of management imposing a custodial sentence or deprivation of liberty. measure outside a judicial establishment.
6 For the pensioner, who is not entitled to a retirement pension on the day prior to his release on the grounds of Article 8c, second paragraph The right to a retirement pension shall end, by way of derogation from the second paragraph, from the date of entry into force of the freedom of freedom.
1 The pensioner shall not be entitled to an oldage pension if and for as long as he is on the day on which the oldage pension would go into effect and subsequently detracts from the enforcement of a custodial sentence or detention order.
2 The right to a retirement pension shall end if the pensioner withdraws from the enforcement of a custodial sentence or detention order after entitlement to a retirement pension has been entered into.
3 The person who is not entitled to a retirement pension under the first or second paragraphs shall have due effect from the day he no longer withdraws from the enforcement of a custodial sentence or detention order. the provisions of this Law on the right to a retirement pension.
1 This law provides for a gross retirement pension for:
a. The unmarried pensioner;
b. The married pensioner.
2 The old-age pensions referred to in paragraph 1 shall be derived from the net minimum wage per month.
3. the net minimum wage is defined as the gross minimum wage, after deduction of premiums on the basis of the Social insurance financing law and payroll taxes.
4 The wage tax and premium for the public insurance, intended in Article 1 of the Social Insurance Financing Act , are calculated for an employee, younger than the retirement age, taking into account only twice the general charging discount, said in Article 22 of the Law on Earnings Act 1964 -on the gross minimum wage.
5 Gross old-age pensions are determined in such a way that, after deduction of the wage tax and the public insurance premium, account is taken of the applicable tax credits for a person of the pensionable age and older, and of the income dependent contribution, meant in Article 41 of the Zorginsurance Act :
(a) the net old-age pension per month of a pensioner referred to in paragraph 1 (a), equal to 70% of the net minimum wage per month;
(b) the net old-age pension per month of a pensioner referred to in paragraph 1 (b), equal to 50% of the net minimum wage per month.
6 The full gross supplement referred to in the Article 8 , shall be equal to the gross oldage pension for the pensioner referred to in paragraph 1 (b).
7 An amendment to the gross retirement pension in connection with a change to the net minimum wage shall be published in the Official Gazette by or on behalf of Our Minister, together with the date on which this amendment goes into effect.
8 An amendment to the gross oldage pension in connection with a change to the net minimum wage will be made without the provision being made by decision.
9 The Social Insurance Bank shall pay the amended old-age pension referred to in paragraph 8 for the next payment of the retirement pension after the amendment referred to in the eighth paragraph has taken place.
1 By way of derogation from Article 9 For the pensioner, who is not resident in the Netherlands, is the gross retirement pension equal to the gross old age pension for the pensioner referred to in Article 9 (b), without prejudice to the pension Article 13, first paragraph .
2 Article 8a, second paragraph , shall apply mutatis mutandis.
3 In the case of, or under general management, the right to a retirement pension may be determined as if it were resident in the Netherlands:
a. The pensioner referred to in Article 9, first paragraph, part a , which carries out work in the public interest and does not reside in the Netherlands;
b. The pensioner referred to in Article 9, first paragraph, part a , who lives in Aruba, Curaçao, Sint Maarten or in public bodies Bonaire, Sint Eustatius and Saba; or
(c) members of the family of the pensioner referred to in points (a) or (b).
4 Our Minister shares in which countries, on the basis of a treaty or a decision by international law, a right to an old-age pension exists as if the pensioner lives in the Netherlands. This communication shall also include:
(a) the place where the relevant Convention or Decision is established; and
b. any restrictions which may be present in that Convention or Decision.
1 The full gross supplement is granted for as long as, subject to compliance with the provisions of Article 11 , the income of employment or other income of the spouse of the pensioner is nil.
2 To the full gross supplement, the income of the spouse of the pensioner from employment or other income shall be determined in accordance with the provisions of the Article 11 .
1 For the application of the Articles 8 and 10 shall be excluded from the income from labour:
1 °. an amount equal to 15% of the gross minimum wage; and
2 °. in so far as the income from labour exceeds the amount referred to below 1 °, a third part of that quantity.
2 By way of derogation from the first paragraph, in the month in which the pensioner or spouse reaches pensionable age, the gross minimum wage referred to in paragraph 1 shall be below 1 °, multiplied by the Factor X/Y, where:
-X stands for:
a. the number of days situated in the month in which the pensioner reaches the pensionable age from the date the pensioner reaches that age; or
b. the number of days situated in the month in which the spouse reaches pensionable age, before the spouse reaches this age, and
-Y stands for the number of days of the month in which the pensioner or spouse reached pensionable age.
1 To the gross supplement established on the basis of Article 10 and, if applicable, after application of Article 13, second paragraph , a reduction is applied to 10% to the extent that the supplement together with the joint income from the employment or other income of the married pensioner and his spouse plus the amount of the allowance is made by the person concerned. Article 9 (b) (b) (b) and 13, first paragraph The gross old-age pension fixed by the application of the discount does not exceed 162% of the gross minimum wage, including the gross minimum holiday allowance referred to in Article 4 (1) of the Treaty. Article 15, first paragraph, of the minimum wage law and minimum holiday allowances .
2 The application of Article 10, second paragraph , or Article 13, second paragraph , whether the first member is calculated non-full gross supplement for application of Article 29, second paragraph, introductory wording and part b , expressed as a percentage of the full gross surcharge. This percentage shall be arithmetically rounded to a multiple of one hundredth.
3 This Article shall apply mutatis mutandis to the pensioner referred to in Article II of the Law of 23 October 1993 amending the Law on Old Age Pensions (amendment to the ratio of old-age pension and allowance) (Stb. 592). In respect of those pension beneficiaries:
a. Article 10, fourth paragraph As it was before the date of entry into force of the That Act , to be read as if 'and 11' has been replaced by '11 and 12'; and
b. Article 29, second paragraph As it was before the date of entry into force of the That Act , to be read as if 'pursuant to Article 10 (2),' has been replaced by 'applying Article 10 (2) or Article 13 (2) or Article 12 (1),' and 'the percentage referred to in Article 10 (3)' has been replaced by the following: ' by 'the percentage referred to in Article 12 (2)'.
4 Article 11, second paragraph , shall apply mutatis mutandis to the income limit referred to in the first paragraph.
In the case of a general measure of management, it is determined as to what income from labour and other income as defined in the Articles 8, 1st paragraph , 10, first and second members , 11 and 12 'means' It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 To the gross oldage pension established on the basis of Article 9 A discount of 2% is applied:
a. for each calendar year, that the pensioner has not been insured after the start of the commencement date, but before the retirement age has been reached;
b. for each annual premium on the basis of the Social insurance financing law , which the pensioner has been guilty of paying as intended in the event after the commencement of the commencement date Article 61 of that Act .
2 To the gross supplement, after application of Article 10 , a discount applied of 2%:
a. for each calendar year, that the spouse of the pensioner has not been insured, after the commencement of the commencement period, but before the retirement age of the pensioner;
b. for each annual premium on the basis of the Social insurance financing law , which the spouse of the pensioner has been negligent in paying after the commencement of the commencement period but before reaching pensionable age of the pensioner.
3 In the case of ministerial arrangements, rules shall be laid down concerning the redirection of parts of calendar years to whole calendar years and parts of annual premiums to whole annual premiums.
1 Article 13, first paragraph, part a , does not apply to the female pensioner for any calendar year that it was not insured for the period from 1 January 1957 to 1 April 1985, having been living and married in the Netherlands or married to a person who was resident in the Netherlands and who was not insured under the same conditions of residence. That period was not insured.
2 Article 13, second paragraph, part a , does not apply to the pensioner for each calendar year that his spouse was not insured in the period from 1 January 1957 to 1 April 1985, since that spouse resided in the Netherlands and married or had been married to a person in the Netherlands for the period 1 January 1957 to 1 April 1985. person, who was not insured during that period.
1 The old-age pension and an increase in the old age pension shall be paid on request by the Social Insurance Bank.
2 By way of derogation from the provisions of the preceding paragraph, the Social Insurance Bank shall have the right to award of its own motion the old-age pension or an increase in the retirement pension.
1 The Social Insurance Bank shall be empowered to adopt control rules. These rules may not go beyond what is strictly necessary for the proper implementation of this law.
2 The pensioner, his spouse or his legal representative or the institution to which: Article 20 old-age pension is paid, is required to follow the rules and otherwise to provide the social security bank with the assistance reasonably necessary for the implementation of this Act on request.
3 The pensioner, his spouse, or his legal representative, shall abstain from very serious misconduct in respect of the persons and bodies responsible for the implementation of this law while carrying out their duties.
1 The oldage pension shall be based on the day on which the person concerned fulfils the conditions for entitlement to a retirement pension.
2 By way of derogation from the provisions of paragraph 1, a retirement pension may not be earlier than one year preceding the day on which the application was submitted or before the date on which the application was of an automatic and automatic basis. The Social Insurance Bank may derogate from the preceding sentence for special cases of the preceding sentence.
1 The old-age pension shall be withdrawn or revised by the Social Insurance Bank where the person granted to it by virtue of or by virtue of this Law is not or is no longer eligible for the benefit of a person to whom the pension is awarded or is not eligible for it by virtue of the law. a higher or lower retirement pension may be considered.
2 [ Red: Expated.]
3 The revision of the oldage pension, resulting from a change in circumstances and which results in an increase in this retirement pension, is on the first day of the month in which the change has conditions took place. The provisions of Article 16, second paragraph , shall apply mutatis mutandis.
4 The social security insurance bank, if the pensioner or his legal representative is not on the basis of Article 50 proves, on request, that he is a pensioner referred to in Article 9, first paragraph, part a , whether or not his actual living situation is in accordance with the address given by him or his legal representative, an old-age pension equal to that of a pensioner as referred to in Article 9, first paragraph, (b) then the old age pension shall be reinstated to the amount of that oldage pension.
5 The withdrawal of the oldage pension or its revision, resulting from a change in the circumstances and which results in a reduction in the old age pension, shall, except in the case of a ministerial arrangement, be established by on the first day of the month, following that in which the day is situated from which the person who is granted a retirement pension is no longer eligible for a lower retirement pension. is coming. If the oldage pension has been granted unduly or unduly, it shall be reconsidered as from the day on which it has been entered.
6 The revision of the old-age pension resulting from a change in the net minimum wage, by way of derogation from the provisions of the third and fourth paragraphs, shall be the day on which the net minimum wage has been revised.
7 The termination of the oldage pension on the basis of Article 8b, second paragraph , enter on the first day of the month following the month in which the freedom of freedom took a month.
For the purpose of implementing this Article, detailed rules may be laid down under ministerial arrangements.
1 Without prejudice to any revision or withdrawal of a decision to grant an old-age pension and to refuse a retirement pension, the Social Insurance Bank shall, without prejudice to the provisions of this law, revise or revoke such a decision. that in:
a. if it is not or is not properly fulfilling a liability under Article 15, second paragraph , or 49 , has led to an undue payment of an old-age pension unduly or up to an overestimated amount;
(b) where otherwise the old-age pension has been unduly or unduly paid;
c. if not properly fulfilling the obligation of the Article 15, second paragraph , or 49 The result is that it is not possible to determine whether or not a right to a retirement pension is still available.
2 If there are compelling reasons for this, the Social Insurance Bank may decide to waive or cancel all or part of the revision or withdrawal.
1 The Social Insurance Bank shall refuse, on a temporary or permanent basis, the old-age pension, whether in whole or in part, if the pensioner, his spouse, or his legal representative, has an obligation to Article 15, second or third paragraph , imposed, or obligations, specified in Article 55, second paragraph, of the Act implementing organisation of work and income not having been properly or not properly complied with, or the obligation, intended to Article 49 has not been complied with within the time limit set by the Social Insurance Bank.
2 A measure referred to in paragraph 1 shall be tailored to the seriousness of the conduct and to the extent to which the person concerned may be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
3 The Social Insurance Bank may waive the imposition of a measure as referred to in paragraph 1 and suffice to give a written warning in this regard to the failure to comply with the obligations in time, as referred to in Article 4 (2). Article 49 If the failure to comply in time of the obligation has not resulted in an undue payment of an old-age pension unduly or unduly, unless the obligation is not fulfilled in due time within a period of two years. counting from the date on which the warning has previously been issued to the person concerned.
4 The Social Insurance Bank may waive the imposition of a measure if there are compelling reasons for doing so.
5 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as provided for in Article 17c shall be imposed.
6 In the case of, or under general management, detailed rules relating to the first and second members shall be laid down.
1 The Social Insurance Bank shall impose an administrative penalty of not more than the bending amount for failure or failure to fulfil properly by the pensioner, his spouse, or his legal representative of the obligation, intended to Article 49 . The administrative penalty is not lower than the penalty which would be imposed on the basis of the third paragraph if there was no penalty amount.
2 In this Article, bending is meant to be the gross amount intended as a result of the failure or failure to fulfil the obligation. Article 49 , wrongly, or up to an overpayment of old-age pension.
3 If it is not or is not properly fulfilled by the pensioner, his spouse, or his legal representative of the obligation, is intended to Article 49 , has not resulted in a benzenary amount, the Social Insurance Bank shall impose an administrative penalty of up to the amount of the second category referred to in the Article 23 (4) of the Code of Criminal Law .
4 The Social Insurance Bank may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to give a written warning for failure or failure to comply with the obligation, as referred to in Article 4 (2). Article 49 , unless the obligation not to comply or not properly takes place within a period of two years from the date on which the pensioner, his spouse, or his legal representative, is in such a way Warning is given.
5 The Social Insurance Bank imposes an administrative penalty on account of failure or failure to comply properly with the pensioner, his spouse, or his legal representative of the obligation, intended Article 49 , as a result of which an excessive amount of old-age pension has been wrongly received, or up to a maximum of 150% of the amount of the charge if, within a period of five years prior to the date of the offence of the offence, a pension is not previous administrative fine or criminal penalty has been imposed on a previous infringement, consisting of the same conduct, which has become final.
(6) Under the same practice as referred to in paragraph 5, the meaning of the obligation, which is not properly fulfilled, is to be understood as meaning that the obligation to Articles 49 of this law, or 35 of the General Survivors Act as a result of which an excessive amount of old age pension, survivor's benefit or an orphan's benefit has been unduly paid.
7 By way of derogation from paragraph 5, the five-year period referred to in that paragraph shall be 10 years if, as a result of the earlier offence referred to in paragraph 5, the pensioner, his spouse or his legal representative has been punished by a person Unconditional imprisonment.
8 The social security bank may:
a. Reducing the administrative fine if there is a reduction in reproach;
(b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.
9 The person to whom an administrative penalty has been fined shall be required to provide the Social Security Bank with the information which is important for the enforcement of the administrative fine.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 By way of derogation from Article 8:69 of the General Law governing the administrative law the right to appeal or appeal may also alter the amount on which the administrative penalty was determined to the detriment of the pensioner, his spouse, or his legal representative.
In the case of ministerial rules, rules may be laid down concerning the period for which payment of the administrative fine may be deferred and the amount of the administrative penalty may be granted. Article 17i, first or second paragraph Amount to be reckoned and the period or time limits within which the netting is to be charged.
1 The Social Insurance Bank shall set off the administrative penalty with the oldage pension that the person to whom an administrative fine has been fined under this Law is entitled to receive it.
2 Without prejudice to the first paragraph, the Social Insurance Bank may charge the administrative penalty with a claim against the person to whom the administrative penalty has been imposed on him.
3 The college of mayor and aldermen of the municipality in question shall, without the necessary authorization, pay the amount of the administrative fine upon its request to the office of the municipality concerned. Social security insurance bank if the person to whom an administrative fine has been imposed receives a benefit on the basis of the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers , the Law on income provision older and partly incapacitated self-employed workers , the Income Provision of the older unemployed , the Unemployment law , the Disease law , the Law for incapacity for the self-employed , the Law on incapacity for work of young handicapped persons , the Law employment and income to work , the Incapacity for work insurance or the Law Labour and Care or a surcharge on the basis of the Supplements Act .
4 The in Article 479g of the Code of Civil Procedure The powers conferred on the Board of Children's Protection shall be applied equally to the Social Insurance Bank. If the Social Insurance Bank makes use of that jurisdiction, the notice of the compulsory order shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the person concerned is required to comply with Article 17c, ninth paragraph , not properly, or not properly,
a. is the Social Insurance Bank, by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law (i) jurisdiction to the extent seized on the creditor's claim would be null and void;
b. applies to the attachment free foot intended in the Articles 475c to 475th of the Code of Civil Procedure , by way of derogation from Article 4:116 of the General Administrative Law Act , not in the recovery of an administrative fine in the case of a warrant.
1 In netting specified in Article 17i, first paragraph , the administrative penalty is to be charged in Article 17c, fifth paragraph , by social insurance bank, by way of derogation from Article 4:93, fourth paragraph, of the General Law governing the administrative law , settled for a period not exceeding five years from the time of the day drawing on which the administrative penalty has been imposed.
2 Article 17i, first paragraph And the first paragraph shall apply mutatis mutandis to the payment of the administrative penalty for the same conduct as referred to in Article 1 (2). Article 17c, sixth paragraph , if and to the extent that at the time of reckoning referred to in the first member, the administrative penalty by the offender has not been paid.
3 The social security bank may, at the request of the person subject to the administrative penalty, decide not to apply the first and second paragraphs, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be required.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 17i, first paragraph Without prejudice to the period referred to in the first paragraph.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act A part of the old-age pension under a ministerial arrangement shall be released on application by means of a ministerial order in connection with the costs of care, housing costs and the cost of children. The free portion of the old age pension may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph, detailed rules may be laid down by means of a ministerial arrangement.
7 The released part referred to in paragraph 5 shall not be open for confiscation, including confiscation of natural persons under the bankruptcy or application of the debt-anting scheme.
1 After the death of the person to whom a retirement pension has been granted, an old-age pension in the form of a death allowance shall be paid from the day following the death:
a. to the long-living of the spouses;
b. in the absence of the person referred to in subparagraph (a), to the minor children to whom the deceased person was in the family-related relationship;
c. in the absence of persons referred to in parts (a) and (b), to those with whom the deceased was living in the family.
2 The death allowance shall be equal to the amount of the old-age pension for one month, with the exception of the supplement calculated according to the amount of the old age pension in the month of death of the person to whom a retirement pension was granted.
3 The death allowance shall be paid by the Social Insurance Bank, of its own motion or upon application to the rightholder or right-holders.
4 The death allowance is paid to the rightholder or the right-holders in an amount of lump sum.
5 The amount of death allowance is reduced by the amount of old age pension which has already been paid over the period of death.
6 The death allowance is not subject to seizure.
1 The Social Insurance Bank shall pay the old-age pension to which it is entitled under this Law. Payment shall be made as a rule monthly.
2 The Social Insurance Bank may make the allowance granted to a married pension payable to the spouse.
3 If the oldage pension is paid abroad, the payment is made by way of derogation from Article 4:89, third paragraph, of the General Law governing the administrative law at the time at which the account of the bank designated for that purpose by the creditor is credited.
4 When a pensioner authorizes another person to receive the oldage pension, an authorization granted shall be subject to a payment period, after the day on which the pension is payable authorisation shall be submitted, on the one hand, on the date of its withdrawal, but not later than the first day of the second month following the date of the submission of the communication, or the withdrawal of the authorisation.
5 The social security insurance bank shall suspend or suspend the payment of the retirement pension if it considers, on the basis of clear indications, or has reasonable grounds to believe, that:
(a) entitlement to a retirement pension does not exist or is no longer applicable;
(b) entitlement to a lower old-age pension exists; or
c. The pensioner, his spouse or his legal representative or the institution to which: Article 20 old-age pension is paid out, an obligation to be paid Article 15, second paragraph , Article 49 or Article 50 has not been complied with.
6 The Social Insurance Bank shall immediately inform the person or institution concerned of the decision referred to in paragraph 5.
1 The social security insurance bank suspends the payment of the oldage pension if the person who is granted an old-age pension is a foreigner who does not lawfully stay in the Netherlands as intended for the purposes of the pension scheme. Article 8 of the Aliens Act 2000 .
2 The payment of the oldage pension shall resume if the person concerned submits an application for that purpose and the Social Insurance Bank has been found to be resident or to stay outside the Netherlands.
1 The Social Insurance Bank suspends payment of benefit if it appears that the address provided by the pensioner deviates from himself or his spouse from the address under which the pensioner or his spouse is in the Basic registration persons is registered.
2 No suspension shall take place:
(a) if the derogation cannot reasonably have an effect on the entitlement to or the level of the benefit;
(b) if the retirement pension of the derogation cannot reasonably be reproach.
3 The Social Insurance Bank shall notify the party concerned in writing of the suspension.
4 The suspension shall be terminated as soon as it has become apparent to the Social Insurance Bank that the derogation no longer exists.
1 If the person to whom an old-age pension is granted is entitled to provide or benefit from care as referred to in the Long-term care law and under that law a contribution to that care is payable, the Social Insurance Bank shall be entitled to the old-age pension up to the amount of that contribution, rather than to the person to whom a retirement pension has been granted, without his/her authorisation from to pay at the Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
2 If the person to whom an old-age pension has been granted is entered in an establishment to care for the mentally ill or of the mentally retarded and to the Social Insurance Bank, of the institution or of the college of Mayor and of the College of Pensions (i) the municipality which pays the recording costs, receives the request to pay the oldage pension to that establishment or to that municipality, the Social Insurance Bank shall have the right to submit that application without the imposition of any other conditions. To comply.
3 Where the first paragraph is applied, the jurisdiction referred to in paragraph 2 shall apply to the part of the oldage pension, which is not paid to the Netherlands Zorginstitute.
4 A revision of the retirement pension under the first paragraph as a result of a change in the fee due shall be made without the decision being made by decision.
Save as otherwise provided by this Law, an advance on the old age pension not yet established shall be considered as a retirement pension under this law.
1 The Social Insurance Bank shall grant an advance on the old-age pension in the form of an interest-free loan, on application to persons who reach the age of 65 from 1 January 2013 to a date of age of 65 by Royal Decree.
2 The advance payment shall take effect on the day on which the person referred to in the first paragraph reaches the age of 65.
3 The amount of the advance payment in one month or the advances in respect of two and three months shall be offset against the old age pension in respect of the first six full calendar months respectively, the first 12 full calendar months and the first 18 full calendar months after the achievement of the retirement age.
4 This Article shall expire on a date to be determined by Royal Decree.
The time limits for the old age pension, which have not been recovered within two years from the first day on which they were recoverable, shall no longer be paid.
1 The old-age pension resulting from a decision as a result of a decision Article 17 has been paid unduly, and otherwise unduly paid, is recovered by the social insurance bank of the pensioner, or his legal representative.
2 By way of derogation from the first paragraph, the Social Insurance Bank may decide to waive recovery or any further recovery where the pensioner or his legal representative:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
3 The time limit set out in paragraph 2 (a), (b) and (c) shall be 10 years if recovery is the result of failure or failure to comply with the obligation laid down in Article 4 (2) of the Treaty. Article 49 .
4 The period referred to in paragraph 2 (a) and (b) shall be three years if:
a. the average income of the person concerned during that period, the attachment of the ground of the goods in the articles 475c and 475d of the Code of Civil Procedure has not been exceeded; and
b. Recovery is not the result of failure or failure to properly discharge the obligation, referred to in Article 49 .
5 Where there are compelling reasons for that purpose, the Social Security Bank may decide to waive recovery in whole or in part.
6 The person from whom recovery is to be recovered shall, upon request, provide the Social Security Bank with the information which is important for the recovery.
7 By way of derogation from paragraph 1, the Social Insurance Bank may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered does not exceed a sum to be fixed by Our Minister. is going.
1 The social security insurance bank may pay the unpaid old age pension referred to in Article 24, first paragraph ...........
2 Article 17i shall apply mutatis mutandis, except that if the average income of the party concerned is intended for three years the attachment of the property in the Articles 475c and 475d of the Code of Civil Procedure The social security insurance bank has not been able to determine the amount of redemption.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 24, first paragraph , at the request of the pensioner, or its legal representative, the Social Insurance Bank may decide to waive, in part, recovery or part of any further recovery by cooperating with a debt scheme, if:
a. It is reasonable to foresee that the pensioner will not be able to continue to pay his debts or if he is in the condition that he has ceased to pay;
b. It is reasonable to foresee that, subject to the claims referred to in paragraph 2, a debt settlement of the other creditors will not be established without such a decision;
c. a reliable proposal for a debt settlement established in the judgment of the Social Insurance Bank has been created through the intervention of a debt aid provider as referred to in Article 3 (1) of the EC Treaty. Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply where a claim arose from the failure to comply with the pensioner referred to in the Article 49 , and in respect of failure to comply with that obligation, a fine as specified in Article 17c was imposed, or if the declaration was made on the basis of the declaration Penal code .
3 The decision to refrain from recovery or recovery shall be withdrawn or amended to the detriment of the person concerned if:
(a) a system of debt which meets the requirements of the first paragraph not within 12 months of publication of that decision;
b. The pensioner, or his legal representative, does not comply with his debt to the Social Insurance Bank in accordance with the debt arrangement; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim by the Social Insurance Bank as referred to in the Articles 24 and 25 is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 The old age pension is:
a. Inalienable;
b. Not susceptible to drop-off or belated.
2 Full power to receive old-age pensions, under whatever form or name granted by the pensioner, is always revocable.
3 Each clause, contrary to any provision of this Article, shall be null and void.
The person, who is entitled to a retirement pension in a month's time, is also entitled to a holiday allowance in that month.
1 Gross holiday benefit is determined in such a way as to:
a. The per month net holiday allowance of an unmarried pensioner is equal to 70% of the net minimum holiday allowance per month;
b. the per month net holiday benefit of the married pensioner, referred to in Article 9, first paragraph b , from whom the spouse has reached the retirement age or has not reached retirement age. but for whom no entitlement to supplement exists as intended in Article 8, first paragraph , equal to 50% of the net minimum holiday allowances per month.
2 The gross holiday allowance per month of a married pensioner:
a. who has been granted a full supplement is equal to twice the gross holiday allowance referred to in paragraph 1 (b);
b. who has been granted a non-complete surcharge applying to Article 10, second paragraph , Article 13, second paragraph , or Article 12, first paragraph , shall be equal to the gross holiday benefit referred to in paragraph 1 (b) plus the percentage referred to in Article 12, second paragraph, on the difference between the gross holiday allowance fixed, as referred to in Article 12 (2). a and the established gross holiday benefit referred to in the first paragraph, part b.
3 The net minimum holiday benefit referred to in paragraph 1 shall be the difference between the amount, which arises for an employee younger than the pensionable age, by applying Article 9 (3) , on the inside Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances Referred to as the amount referred to in the form of the holiday benefit claim Article 15 of that Act of the person claiming the latter amount, and the net minimum wage referred to in Article 9, third paragraph.
4 In cases where the old age pension is fixed on the basis of Article 9 , with application of Article 13, first paragraph , a reduction is applied to the gross holiday benefit fixed under the first and third paragraphs, which is a proportional reduction.
1 Once a year, ex officio disbursement of the holiday allowance is made.
2 The payment referred to in the preceding paragraph shall take place during the month of May and shall include the holiday allowance, which shall be in accordance with the period of 12 months prior to the month of May.
3 The holiday benefit is paid without having been adopted by decision.
The provisions of or under the Article 18 , 19 , 20 , 23 , 24 , 26 and 49 shall apply mutatis mutandis to the benefit of the holiday allowance, to the extent that it is not otherwise determined by this paragraph.
In the case of ministerial arrangements, detailed rules may be laid down in respect of this paragraph. Derogations may be made from the provisions of the Article 31, second paragraph .
1 The person entitled to a retirement pension and is resident in the Netherlands, the person who is the person who is entitled to Article 5, second paragraph of Article 5 of the Decision on the export benefits is entitled to a retirement pension as if he is resident in the Netherlands or the person entitled to a retirement pension and is resident in the territory of:
1 °. one of the other Member States of the European Union;
2 °. another State party to the Agreement on the European Economic Area or Switzerland;
3 °. Aruba, Curaçao, Sint Maarten, or the public bodies Bonaire, Sint Eustatius and Saba, or
4. a State with which the Netherlands has concluded a social security treaty shall also be entitled to income support.
2 In cases where the old age pension is fixed on the basis of Article 9 , with application of Article 13, first and third paragraphs , a discount is applied to the income support, a proportional discount is applied.
3 The income support is not considered as a retirement pension under this Act, unless for the application of Section 2 of Chapter III .
4 Article 9, seventh paragraph , shall apply mutatis mutandis.
5 In the case of a general measure of directors, rules shall be laid down regarding the amount, indexation and method of payment of income support.
6 The income support is not susceptible to seizure.
7 Decisions on the granting of income support on the basis of the Temporary scheme of income support AOW pension beneficiaries be considered as decisions on the granting of income support under this Article.
For the purpose of this chapter and of the provisions based thereon, the insured person shall be the person whose compulsory insurance has ended.
1 The former insured person who has reached the commencement period may, as long as he has not reached the retirement age, voluntarily ensure a period of up to 10 years, starting from the day following the day on which the compulsory retirement age is due. insurance has ended. The first sentence shall apply only where the former insured person has been compulsable, directly prior to the voluntary insurance period, for at least one year.
2 If the period of voluntary insurance has been interrupted by a period of compulsory insurance for less than one year, the former insured person may re-voluntarily secure himself for the remaining period of the ten years.
3 The period not exceeding 10 years referred to in the first paragraph shall not apply to:
(a) the former insured person in employment with a legal person governed by the law of the Netherlands or who benefits from such a legal person as a legal person;
b. the former insured person who has been sent to perform work for the development cooperation organisations to be identified by our Minister in agreement with our Minister for Foreign Affairs;
c. the former insured person who is employed by an international organisation of international law by Our Minister, Our Minister for Health, Welfare and Sport, and our Minister of Internal Affairs and Kingdom Relations;
d. the insured person who carries out any work which is financed by the State and which is also under contract by the State under a statutory mission or in the context of an international treaty or a the equivalent of an agreement or a decision of an international organisation; or
e. the former insured person who, on the day on which compulsory insurance has ended the age of 50, does not reside in the Netherlands and has the right to a:
1. benefit based on the Law employment and income to work ;
2. benefit based on the Incapacity for work insurance ;
3. benefit on the basis of the Law for incapacity for the self-employed ;
4. benefit or entitlement to employment support on the basis of the Law on incapacity for work of young handicapped persons ;
5 °, benefit under the Law on incapacity for work in the military ;
6 °. pension on the basis of incapacity for work Privatisation of the Railways Pension Fund ;
7 ° pension on the basis of incapacity for work under the General Military Pensions Act, as in 1 January 1998; or
8 °. survivor's benefit on the basis of the General Survivors Act , provided that such benefit or pension is at least 35% of the gross minimum wage;
f. the former insured person referred to in Article 40.
4 The maximum of ten years referred to in paragraph 1 shall not apply to the spouse of the former insured person referred to in paragraph 3, and to the resident underage children with whom the former insured person was insured or who was the spouse in question. Family-friendly relationship. For the purposes of this paragraph, the former insured person referred to in paragraph 3 shall be understood to include the former insured person referred to in subparagraph (e) of that paragraph, whose entitlement to benefits referred to in that paragraph is intended solely as a result of the payment of benefits. The period of retirement age has ended.
5 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.
1 The former insured person of the voluntary insurance referred to in Article 35, first paragraph , if it wishes to make use of it, it shall be required to submit an application to the Social Insurance Bank no later than one year after the day on which the compulsory insurance has ended.
2 The application shall be rejected if the former insured fails to comply with the conditions laid down in or pursuant to this Chapter.
Voluntary insurance of the type Article 35, first paragraph , ends:
(a) from the first day of the second month following that in which the Social Insurance Bank has received a written notice from the former insured person;
b. as from the day on which the former insured person reaches the pensionable age;
c. as of the day, on which the ten-year period referred to in Article 35, first paragraph , has elapsed;
d. as of the day on which the former insured person is compulsable under this law;
(e) from the first day of the fourth month following the last day of the period laid down by the Social Insurance Bank within which the premium for the voluntary general old-age insurance scheme is to be granted in accordance with Article 71 of the Social Insurance Financing Act , to be paid, if the payment has not taken place or has not taken place entirely;
(f) from the day following the last day of a period specified by the Social Insurance Bank within which the former insured person must supply the information requested in connection with the application of this Chapter, if: the former insured person has not provided such information, unless the former insured person makes sure that he is unable to be accused in such a manner.
1 The insured person, who has not previously been insured prior to compulsory insurance, may, as long as he has not reached the retirement age, voluntarily ensure from the commencement address, over the remaining period of insurance. period, where he has not been subject to compulsory insurance, if he has been insured under the conditions of compulsory insurance for at least five years Articles 6 or 6a , and in so far as he has not been subject to a foreign statutory oldage insurance scheme, which gives entitlement to a retirement pension in the attainment of the age indicated therein.
2 For the purposes of the first paragraph, the person whose compulsory insurance for the completion of the commencement period is terminated shall be deemed not to have been insured during the period prior to the attainment of the start-to-day.
3 In the case of or under general management measures, detailed rules may be laid down in respect of the first paragraph.
1 The insured person of the voluntary insurance referred to in Article 38, first paragraph , if it wishes to make use of it, it is obliged to submit an application to the Social Insurance Bank no later than 10 years after the day on which compulsory insurance has been incurred.
2 The Articles 36, second paragraph , and 37, parts e and f , shall apply mutatis mutandis.
The Articles 34 to 39 shall apply mutatis mutandis to the former insured person voluntarily insured on 31 December 2005 on the basis of a general measure of management based on Article 40, as stated on the day prior to the entry into force of the Law on the Law of the European Union. Amendment of a number of laws in the field of the Ministry of Social Affairs and Employment in order to bring them into line with the motion of the member of the Court of Justice and others.
1 The person of whom, by virtue of Article 65, first paragraph, of the Social Insurance Financing Act If and as long as he is entitled to an old-age pension under these conditions, it is considered to have been levied, if and as long as he is entitled to an oldage pension under these conditions, if and when he is considered to be subject to a ministerial order. Law and he is not entitled to this oldage pension because of a state of mind.
2 The person entitled to benefit under the first paragraph must inform the Social Insurance Bank in writing, as soon as he considers that the total amount of the payment has exceeded the total of the amounts, which are: they have been subject to tax or are deemed to have been levied on the basis of the provisions referred to in the introductory part of the first paragraph. The payment of the benefit is then terminated as from a payment period, after the day on which the notification was received by the social security insurance bank, but not later than the first day of the second month following the day of receipt of the payment by the Social Security Bank. receipt of such notification.
(3) For the purposes of applying the provisions of the preceding paragraph, the total amount of the tax shall be charged:
a. Reduced by the amounts which have not been recovered or which has been negligent of the insured person;
(b) increased by a premium to be determined by the beneficiary referred to in the first paragraph.
4 The amount of the benefit is equal to the amount of old-age pension and holiday benefit, to which the person concerned is entitled under this Law.
5 The provisions of or under the Articles 14 to 26 , 31 and 33 as far as they are concerned, Article 17, third paragraph , 18 , and 24, 1st Member , where there is no derogation from a ministerial arrangement, mutatis mutandis shall apply.
6 The provisions of Article 49 shall apply mutatis mutandis.
7 Our Minister and our Minister of Finance may lay down detailed rules and implementing rules by means of ministerial arrangements in relation to the provisions of the first to the sixth and sixth paragraph.
The pensioner, his spouse, as well as his legal representative or the institution to which Article 20 retirement pension is payable to the Social Insurance Bank, at its request or without delay, from its own movement, to communicate all the facts and circumstances which are reasonably clear to them that they may have an influence on the right to benefit, the amount of the benefit or on the amount of the benefit, which is paid. The obligation shall not apply where such facts and circumstances can be determined by the Social Insurance Bank on the basis of information deemed to be authentic by law or may be obtained from a ministerial arrangement Administrations to be allocated. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
In addition to Article 49 the social security insurance bank may request the pensioner or his legal representative to show that:
a. The pensioner is a pensioner referred to in Article 9, first paragraph, part a ;
(b) the actual living situation of the pensioner is in accordance with the address given by him or his legal representative.
In order to enable him to do so, the social security bank may, with the consent of the pensioner or his legal representative, enter the residence of the pensioner in the course of such applications.
1 A decision pursuant to this Act and the provisions based thereon shall be given within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within eight weeks of receipt of the application or a notification as referred to in the third paragraph has been made.
3 If a decision cannot be made within the period of eight weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law The Social Insurance Bank shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
1 Against judgments of the Central Board of Appeal, any of the parties may appeal in cassation in respect of a breach or incorrect application of the Articles 1 (3) to (7) , 2 , 3 and 6 and the provisions based on those articles.
2 The rules governing the appeal in cassation against judgments of the courts of appeal in tax cases shall apply mutatis mutandis, with the Centrale Raad van Beroep taking the place of a court of justice.
1 The person who, before the entry into force of Article 6 the age of 15, but not less than 65 years of age, and which, whether interrupted or not, for six years after the introduction of his 59th year of life in the Netherlands, Aruba, Curaçao, Sint Maarten, or in the public bodies of Bonaire, Saint Martin and the Netherlands Eustatius and Saba has lived for the purposes of the application of the Article 13, first paragraph, part a , during the period, between the emptying of his 15th year of life and the entry into force of the Article 6 They were supposed to have been insured. For the purposes of applying the preceding sentence, only for the purpose of fixing the supplement shall be: Article 8 with application of the provisions of Article 13, second paragraph, part a , the pensioner's spouse was supposed to have ended the 59th year of life on the same day as the pensioner.
2 The person who satisfies the provisions of the first sentence of the first paragraph, but never has been insured under this law, shall nevertheless be used for the purposes of applying the provisions of the Article 7 have been deemed to have been insured.
The benefits from Article 55 They shall apply only to the person, who:
a. Dutchman is, and
b. lives in the Netherlands.
In the case of a general measure of management, the conditions to be laid down may be laid down, that:
a. for the application of Article 56 non-Dutch people with Dutch are assimilated;
b. for the application of the Articles 55 and 56 living outside the Netherlands is treated in the same way as living in the Netherlands.
1 The Articles 8a and 9a shall not apply to the pensioner, who:
(a) on 31 December 1999, is entitled to an old-age pension and is not residing in the Netherlands on that day; and
(b) on 19 December 2005, that entitlement to an oldage pension is based exclusively on Article 2 of the Law of 9 December 2004, approving the intention to terminate the Convention established in Geneva on 28 June 1962. on the equality of treatment of its own nationals and aliens with regard to social security (Convention No 118 adopted by the International Labour Conference in its sixtieth plenary session; Trb. 1962, 122 and Trb. 1964, 23) (Stb. 2004, 715).
2 The first paragraph shall continue to apply as long as the pensioner continues to reside in the same country as the country in which he resided on 19 December 2005 and continues to comply with the conditions for entitlement to a retirement pension.
1 The Articles 8a, first paragraph , and 9a, first member , shall not apply to the pensioner, to whom those articles are the result of the termination of a treaty, the termination of the provisional application of a treaty or the termination of such an equivalent situation of the same kind as that of the person concerned. would be applied, as long as the pensioner continues to live in the same country as the country where he lived on the day for off-entry due to that termination, respectively, on the day before the termination conditions for entitlement to a retirement pension.
2 Our Minister shall communicate to which country, including the day on which, a Treaty as referred to in paragraph 1 has entered into effect or the provisional application of a treaty or a similar situation to that country, has been terminated in the first paragraph.
Article 1, eighth and ninth paragraphs , does not apply, if for the entry into force of these article members, on the basis of Article 8 There is a surcharge because the unmarried pensioner has been designated as married for a common household with a majority-aged child or a majority of the former foster child for as long as this entitlement exists, unless the person concerned has the right to an additional charge, unless the person concerned has been the application of the abovementioned article members leads to a higher retirement pension.
With regard to the person whose freedom on the day prior to the entry into force of Article 8b It has already been deprived of legal status for the purposes of applying that Article the date of entry into force of the entry into force of the first day of the release of the freedom Article 8b and ends the right to old age pension by way of derogation from Article 8b, second paragraph , from the day that this freedom of freedom took six months. The termination shall take effect on the first day of the month following the month in which the release of liberty, as referred to in the first sentence, lasted six months.
1 Pensioners who are married before 1 January 2015 and who reach the age of 65 in November or December 2014 and whose spouse is younger than the retirement age, by way of derogation from Article 8, first paragraph , according to the provisions of this Law, to a surcharge, unless, with due regard to the Article 11 , the income from employment or other income of that spouse exceeds the full gross supplement.
2 Article 8, second to fourth paragraphs , shall apply mutatis mutandis.
Article 17, second paragraph As it was stated on the day preceding the day of entry into force of Article I (B) of the Law of 9 July 2014 amending the General old-age law relating to the termination of the forage scheme and the adoption of a regulation on the establishment of a basis for the setting of rules as to what is meant by having the main residence in the same dwelling (Stb. 2014, 307) shall continue to apply to pension beneficiaries in respect of which that Article has been applied until the conditions laid down in that Article are no longer met.
Article 7 As that stated on the day prior to the entry into force of Article III, Section A, of the simplification Act SVB remains applicable after the entry into force of that item part to persons entitled to a retirement pension under Article 7 on that day.
1 On applications to make use of the voluntary insurance scheme, Article 38, first paragraph , which were filed before the date of entry into force of the Law of 26 November 2014 amending the General Old Age Act in connection with amendment of the conditions for voluntary insurance over a period of time and amendment of the the Participation Act related to the modification of the calculation and the periodic adjustment of the welfare standards for pension beneficiaries (Stb. 2014, 502) continues to be Article 38, first paragraph, of the General Old-age Law, as per the day preceding that date of entry into force.
2 On applications to make use of the voluntary insurance scheme, Article 38, first paragraph , which have been submitted on or after the date of entry into force of the Law of 26 November 2014 amending the General Old Age Act in connection with amendment of the conditions for voluntary insurance over a period of time and amendment of the Participation Act in connection with the amendment of the calculation and the periodic adjustment of the welfare standards for pension beneficiaries (Stb. 2014, 502) is Article 38, first paragraph, of the General Old-age Law, as provided by that Act, to be applicable.
A conduct contrary to a general measure of management issued under this Act, where expressly referred to as a criminal offence within the meaning of this Article, shall be subject to custody of a maximum of one month or a fine. of the second category. The fact of the matter is considered to be a violation. The fact referred to in the first sentence shall be regarded as an infringement.
What is needed for the implementation of this law is governed by ministerial rules.
1 Where a pension scheme of a pension fund or an employer includes provisions or is included under which all or part of the old age pension is taken into account under this law, the application of these provisions, an increase in the old age pension, which occurs after the date of termination of the active participation in the pension scheme, is not taken into account.
2 The first paragraph shall not apply to pension schemes in which provisions according to which the oldage pension under that law and the premium-free claims or pensions of that scheme are taken together after the cessation of the active pension an annual increase of the percentage of the increase in the retirement pension or the percentage of wage or price development referred to in the first paragraph.
1 This law may be cited under the heading 'General old-age law'.
2 The articles of this Law shall enter into force as from a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 31 May 1956
JULIANA.
The Minister for Social Affairs and Health,
J. G. SUURHOFF.
The Minister of Finance,
FROM THE KIEFT.
The Secretary of State for Finance,
OF THE REASON.
The Minister of the Interior,
BEEL.
Issued the eighth of June 1956.The Minister of Justice,
J. C. VAN OVEN.
