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General pension law political office holders

Original Language Title: Algemene pensioenwet politieke ambtsdragers

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Law of 10 December 1969, laying down new rules for the granting of benefits and of pensions to political office holders, and of pension to their survivors

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 desirable to review the arrangements for the grant of benefits and pensions to political office holders, not least in retirement, to their survivors;

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:


First department. General Section

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Chapter 1. General provisions

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Article 1. Definitions

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  • 1 For the purpose of applying to or pursuant to this Act, the following definitions shall apply:

  • 2 To the extent that the period of calendar years or calendar months which are eligible for benefit and pensions includes calendar months, this period shall be expressed in years, months or months for benefit and pensions. The remainder of the period is expressed in parts of years, subdivisions of months, where the year is 12 months and the month is set to 30 days.

  • 3 For the purposes of applying to or pursuant to this Act, the allowances referred to in this Law as such are also included, unless the relevant provisions show otherwise.


Article 2

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Notification: Notification as intended in Article 2a ;

    • b. ',' means the man or woman with whom the deceased political office-holder, former political office-holder or retired political office-holder was married on the day of death, or the husband or woman in respect of whom the deceased person was a member of the deceased person. notification had taken place.

  • 2 For the purposes of the application of

    • a. the Second Division of this Law: Minister;

    • b. the Third Section of this law: member of the Second Chamber of the States-General;

    • c. the Fourth section of this Law: Minister or Member of the Second Chamber of the States-General;

    • d. the Fifth Section of this law: Commissioner of the King, Member of the Member States, Mayor, Alderman, Member of the Executive Board of a local municipality within the meaning of Chapter V, paragraph 2, of the Municipal Act As this paragraph was stated on the day prior to the date of the election of the municipal councils in 2014, chairman or member of the executive board of a waterscape or the State Representative.

  • 3 Where, in this Act, meaning is given to the given that an interested person has been married, married or entered into a marriage, is also understood to be married: registered as a partner or under marriage: registered partnership.


Notification

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Article 2a

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  • 1 The political office-holder referred to in Article 2, second paragraph, points (a) and (b) , as well as the State Representative, our Minister may notify one man or woman if he and this man or woman:

    • a. both as resident with the same residence address in the basic registration persons are registered;

    • b. have committed themselves to a social contract to each other in a notarial past in order to contribute to the cost of living in a reciprocal way;

    • c. are both unmarried;

    • d. both at the time of the notification are 18 years of age or older, and

    • e. no blood or any of the relatives are in the straight line.

  • 2 A former political office-holder referred to in paragraph 1 may, before reaching the pensionable age, also submit a notification as referred to in that paragraph.

  • 3 The person making a notification shall attach a certified copy of the necessary information from the basic registration persons certifying that the condition laid down in paragraph 1 (a) of the first paragraph and a copy of the notification are fulfilled. contract referred to in point (b) of the first paragraph or an extract thereof or a statement of a notary in that regard, showing the mutual maintenance order.

  • 4 If the conditions of notification, set out in paragraph 1, are not met, our Minister refuses the notification.

  • 5 Our Minister may lay down rules on the notification by the person who is not registered as resident in the basic registration persons.

  • 6 The notification ends with the process of retrieving it.

  • 7 A notification referred to in the first paragraph shall be made out:

    • (a) on the day on which an application was received by the person who made the notification, or from the person or woman who was notified;

    • b. on the day of death of the man or woman who was notified or of the person who made the notification; or

    • (c) on the day on which the person who made the notification, or the husband or wife who is either registered or is in marriage, or is a party to a subsequent notification.

  • 8 Our Minister may, if necessary, ask for confirmation if the conditions for notification are yet to be met. The person making the notification shall, in writing, submit a written declaration to him and the notified person jointly, and a certified copy of the necessary information from the basic registration persons certifying that the person concerned has been subject to the notification of the notification. the condition set out in point (a) of the first paragraph is met at the time of that declaration. However, if, during the preceding period, the contract of partnership has undergone a change which may be of interest to the notification, a copy of the contract as amended or an extract thereof or a declaration of a change of contract shall be submitted. notaris in that regard, showing that the condition referred to in paragraph 1 is still being met.

  • 9 If the confirmation is not made within six weeks our Minister shall repeat his question as referred to in the eighth paragraph.

  • 10 If the confirmation is not given within three weeks of the repeated demand, our Minister may forward the notification to a date to be determined by him. That date shall not be situated before the date on which the confirmation referred to in the eighth paragraph has been requested.


Article 2b

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  • For the purposes of application of the provisions referred to in paragraph 1 (1), Member States shall, except in respect of the latter's administration, be the executive board of the office of water in the place of our Minister. power, given in Article 2a (5) .


Article 3. Special survivor's pension

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The provisions of this Law governing the survivor's pension shall apply mutatis mutandis to the special survivor's pension, unless the relevant provisions prove otherwise.


Article 4. Temporary pension

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The provisions of this Law relating to survivors 'and orphans' pensions shall apply mutatis mutandis to the temporary pension, unless the relevant provisions prove otherwise.


Article 4a

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At a pension scheme established by or under this Act, the Articles 47 , 53 , 55, fourth member , and 97 of the Pensions Act applicable mutatis mutandis.


Second department. Ministers and State Secretaries

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Chapter 2. Definitions

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Article 5

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  • 1 For the purposes of applying it to or under this law, Minister shall be understood to be: State Secretary.

  • 2 For the purpose of applying to or pursuant to this Section, the following definitions shall apply:

    • a. Minister: he who, by reason of a resignation, is entitled to a pension under this section;

    • b. Retired Minister: he who is entitled to a pension under his/her pension under this Section;

    • c. Public employee: a government employee or a former government employee within the meaning of the Privatization of ABP , who worked or was in the Empire sector.

Chapter 3. The benefit

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Article 6. Entitlement to benefit

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  • If he has not yet reached pensionable age, a minister to whom our resignation is to resign shall be awarded on the basis of the following articles.

  • 2 The first paragraph shall not apply:

    • a. If the person concerned so requests, or if he acts as Minister without interruption;

    • (b) if the person concerned has been deprived of his freedom.

  • 3 We, heard the Council of State, may provide that no benefit is granted, if the person concerned:

    • a. has gone into foreign military service or foreign government service and, in our view, has behaved unworthy of the Dutch national viewpoint;

    • b. having been convicted of any criminal offence, from which our judgment proves that he has behaved unworthy of Dutch national viewpoint.

  • 4 Unless the circumstances referred to in point (b) of the second paragraph have taken as long as or longer than the length of the benefit calculated from the date from the date of dismissal Article 7 The benefit will be granted as from the day when that condition no longer occurs, for the remainder of the period.


Article 7. Duration of benefit

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  • 1 The benefit is granted for a duration equal to the time in which the minister concerned has been, but not less than the duration of two years and not more than the duration of three years and two months. If the person concerned has been the minister with one or more interruptions, the time during which he has been minister during a period, as last amended by his/her resignation, shall be taken into account, in which he shall be entitled, for a period which shall not exceed a sixth part of that period was interrupted.

  • 2 By way of derogation from the first paragraph, the benefit shall be granted for a period of six months if the person concerned has been minister for less than three months.

  • 3 If, on the date of his resignation or resignage, the person concerned is five years or less away from the pensionable age applicable to him and during the preceding 12-year period, he shall not be less than 10 years old Minister has been the beneficiary of the benefit until the retirement age.

  • For the purpose of calculating the benefit referred to in paragraph 1 and the 10 years referred to in paragraph 3, the period in which the minister concerned has been treated in the same way as the time in which he has a function as referred to in paragraph 3 shall be regarded as Article 2, second paragraph, b and d . If the time referred to in the preceding sentence is referred to in the preceding sentence, account shall be taken, in the same manner as in the second sentence of paragraph 1, of any interruption in the exercise of such functions.

  • 5 In the case of the interim benefit of the benefit under Article 11 (b) (b) , the following benefit shall be granted at least until the date of expiry of the said benefit, if it had not expired.

  • 6 In special cases, we, the Council of State, can determine that the benefit will be continued for one, with due regard to Article 11 fixed period of time, which can be extended in the same way.


Article 7a

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  • 1 The person concerned who is entitled to benefits as referred to in the Article 6 , is required:

    • a. A sufficient effort to find appropriate work;

    • b. accept the appropriate work offered;

    • c. to cooperate in activities conducive to his occupational integration.

  • 2 The person concerned shall not:

    • (a) by not acquiring appropriate labour by their own resources;

    • (b) give up appropriate work by its own allocation;

    • c. claims to impede the acceptance or acquisition of appropriate labour.

  • 4 Our Minister is responsible for drawing up a plan for the targeting and acquisition of appropriate work, in consultation with the interested party, which includes the activities necessary to meet the needs of the Obligation referred to in paragraph 1 (a). A general measure of management shall lay down detailed rules on:

    • a. The parts of the plan;

    • b. any concession for the activities included in the plan other than guidance;

    • c. the requirements placed on the organisation drawing up the plan.

  • 5 This Article shall not apply to the person concerned which:

  • 6 This Article shall not apply during the first three months following the resignation of the person concerned.


Article 7b

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  • 1 Our Minister may ask the person concerned, Article 7a , commit and support, in the targeted search and acquisition of appropriate labour, planning and support.

  • 2 Our Minister provides the person concerned with a concession in the costs of planned counselling and support in the search for and acquisition of appropriate work.

  • 3 The concession shall not exceed 20% of the most recently served as a minister per year, as referred to in Article 3 (1). Article 8, second paragraph . Compulsory planned planning and support provided for in paragraph 1 shall be reimbursed in full.

  • 4 In the case of a general measure of management, rules shall be set about:

    • a. The application for compensation for costs;

    • b. the eligible costs for reimbursement;

    • c. the requirements placed on the organisation performing the planned support.


Article 7c

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  • (1) If the person concerned is a person of Article 7a or 7b Mr President, Mr President, Mr President, Mr President-in-office of the Council, Mr President-in-office of the Council, Mr President, Our Minister is empowered to forgo the inaction of the payment with payments to the person concerned under this law.

  • 2 In the case of a general measure of management, rules shall be laid down regarding the implementation of the first paragraph.


Article 8. Amount of benefit

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  • 1 The allowance is for the first year of 80% and then 70% of the last year as Minister for the benefit of the benefit.

  • 2 For the purposes of this Article, the term 'most recently' means the wedde, the holiday allowance and the end-of-year allowance to which the person concerned was entitled to the day preceding the day on which he was dismissed as Minister.

  • 3 If, in the salary of the staff members, we make a change, the last one referred to in paragraph 1 shall be taken into account for the purpose of applying that paragraph as from the date of entry into force of the remuneration change by Our Member State. Minister according to the amendment.


Continuation of the invalidity benefit

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Article 8a

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  • 1 If the person concerned is partially or wholly invalid on the day on which the duration of the benefit ends, in whole or in part, Article 11 , the disability benefit continued at the foot of the year. Article 8b .

  • 2 General invalid, in whole or in part, within the meaning of that law, it is the person who, as a direct and objective medical practitioner, is wholly or partially unable to work with work which is healthy or persons, with similar training and experience, on the spot where he or she has performed or last performed, or in the vicinity thereof, usually earning with labour. The former shall be understood as all generally accepted labour to which the person concerned is capable of being able to work with his powers and abilities. This work does not include employment under a contract of employment as referred to in Article 4 (2). Chapter 2 of the Social Employment Act .

  • 3 When determining the degree of general invalidity, it shall not be taken into account if the person concerned can actually obtain the work.

  • 4 If, without reasonable grounds, the person concerned refuses to take part in a training or training required for him or does not sufficiently contribute to the achievement of a favourable outcome, the degree of general interest shall be determined Invalidity is considered to have been completed.

  • 5 In the case of general invalidity of less than 25%, the benefit is not continued.


Article 8b

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  • 1 The continuation of the benefit shall be as indicated in the second and third paragraphs, and then as indicated in the fourth and fifth paragraphs of this Article.

  • 2 The allowance is for a period as indicated in the third paragraph of which 70% of the last one as Minister, is intended to be in Article 8 In the case of general invalidity of 80% or more, 60% of these were in the case of general invalidity of 55% to 80% and 40% of those competing with a general disability of 25% to 55%.

  • 3 The period referred to in paragraph 2 shall not be higher for the person concerned at the time of the continuation of the benefit:

    • 58 years or older: six years;

    • 53 years or older: three years;

    • 48 years or older: two years;

    • 43 years or older is one and a half years;

    • 38 years or older is: one year;

    • 33 years or older is: half a year;

    is less than 33 years: nil.

  • (4) The benefit is, on the expiry of the period laid down in paragraph 3, a percentage, according to the second paragraph, of an amount equal to the minimum wage, plus a percentage of the difference between the last one as minister wedde, intended in Article 8 And the minimum wage.

  • For the calculation of the amount referred to in paragraph 4, a percentage of two times the number of years elapsed between the 15th year and the age of the person concerned at the time of continuation of the benefit.

  • 7 The person concerned is entitled to a supplement to the benefit, if the benefit is less than the percentage of the last percentage as laid down in the second paragraph of the previous year.

  • 8 The supplement shall be equal to the amount necessary to increase the benefit to the percentage referred to in paragraph 7 of the last part of the Minister's last share.

  • 9 By way of derogation from the eighth paragraph, the supplement shall be equal to the amount necessary to increase the benefit to the percentage of the last percentage indicated in the tenth paragraph, which was last enjoyed as Minister, if the party concerned has the choice made for a reduction in the deduction due to Article 106, first paragraph .

  • 10 The rate referred to in the ninth paragraph shall be at least 80% or more than 65%, in the case of general invalidity, from 55% to 80%: 56% and general invalidity from 25% to 55%: 37%.

  • 11 In the case of the general measure of governance referred to in Article 106, first paragraph , rules shall be laid down regarding the reduction referred to in the ninth paragraph. Our Minister shall lay down rules on how and when the Minister or the former Minister is required to make known the choice referred to in the Ninth Member, which is a one-off.

  • 12 If the benefit to be paid as a result of general invalidity, together with income, is intended to be Article 9 , less than the minimum wage, the benefit is raised to the minimum wage. The increase shall not exceed the difference between the amount of the benefit and the amount derived from it and no more than 30% of the minimum wage.


Article 8c

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  • 1 The continuation of the benefit provided for in Article 8a It shall be made at the request of the party concerned and for periods of no more than three years, without prejudice to the revision or withdrawal of the benefit provided for in this Act.

  • 2 Our Minister shall inform the person concerned in writing of the possibility of applying for the benefit of the benefit after the expiry of the period referred to in the first paragraph, not later than four months before the expiry of the period referred to in the first paragraph. period.

  • 3 An application as referred to in paragraph 2 shall be made by the party concerned not later than three months before the expiry of the period referred to in the first paragraph.

  • 4 If Our Minister does not decide in good time on a timely application as referred to in paragraph 3, the benefit will be continued until the date of the decision on the application.

  • 5 An application as referred to in paragraph 2 shall be deemed to have been lodged in good time if our Minister has not delivered the notification referred to in the second paragraph, or if, in the event of a subsequent notification as referred to in the second paragraph, the application shall be submitted within one month of receipt of the notification.

  • 6 If the benefit is continued after the period referred to in the first paragraph, the benefit shall be calculated in accordance with the conditions which would have been applicable if that period had not expired.

  • 7 Our Minister may, in respect of certain categories of general invalidity, lay down that in certain situations there shall be no period or a period of time which deviates from the three-year period referred to in the first paragraph.


Article 8d

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  • 1 Within one year from the date on which the benefit is first applied Article 8a continue, our Minister will carry out an inquiry to see if there are grounds for revision or withdrawal of benefit due to grounds having an impact on the degree of general invalidity.

  • 2 Our Minister may, in respect of certain categories of general invalidity, provide that no time limit or a period shall apply which differs from the time limit specified in paragraph 1.

  • 3 Our Minister changes his own motion, or at the request of the party concerned, the amount of benefit if he changes the degree of general disability.

  • 4 An amendment to the amount of the benefit goes to:

    • (a) where an application has been submitted, as from the first day of the month following that in which the application was made;

    • (b) if the change is of its own motion, starting on the first day of the month following that in which the decision has been taken.

  • 5 The application of Article 8a shall be suspended in respect of any interested party if and as long as he does not comply with an invitation by Our Minister to submit to an investigation by one or more doctors appointed by him to answer the question, or is general invalidity.

  • 6 If the person entitled to benefits for general invalidity benefits from or benefits from employment income from or in connection with employment, our Minister shall be entitled, as long as it is not established whether such employment is intended to be the labour of the person concerned. Article 8a, second paragraph , it may be regarded as not to revise or withdraw the benefit. Application of the first sentence shall not exceed a continuous period of three years, starting on the first day on which the income is enjoyed in the first sentence or in connection with work. This period shall be deemed not to have been interrupted if less than one month no income from or in relation to employment is enjoyed. At the end of the period referred to in the second sentence, the period of employment referred to in the first sentence shall be regarded as "work". Article 8a, second paragraph .


Article 8e

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  • 1 At the request of a Minister, our Minister shall conduct an inquiry by doctors appointed by him in order to answer the question whether the Minister who made the request is general invalid as intended for the purpose of Article 8 A , second paragraph .

  • 2 Our Minister shall inform the applicant of the outcome of an inquiry set up under the first paragraph.


Article 9. Income from or in connection with labour or business

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  • 1 The income enjoyed by the person concerned shall be determined in accordance with the rules of the Income Tax Act 2001 and are credited with the benefit in respect of the month on which such income relates or may be deemed to be related.

  • 3 The reckoning referred to in paragraph 1 shall be so as to reduce the benefit by the amount by which the benefit plus such income is exceeded, the last benefit of which is derived from the benefit. The payment shall be made on the basis of the payment for the amount of the benefit. Article 7c, first paragraph ............

  • 4 If, in the amount of the income referred to in the preceding paragraphs, is or may be deemed to be included in the contribution of the premium General Old-age Law and General Survivors Act , this fee shall not be taken into account for the purposes of this Article. The preceding sentence shall apply only to the extent that the income referred to therein relates to a period prior to 1 June 1985.

  • 5 Child benefit is not considered to be in effect.

  • 6 For the purposes of this Article, in respect of the continued benefit of Article 7, sixth paragraph , and Article 8a , Our Minister may consider other earnings as having been enjoyed by activities referred to in the second paragraph.


Article 9a

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  • 1 The person concerned is obliged to take up any of the activities referred to in the Article 9, second paragraph , forthwith, to inform our Minister, as far as possible, of the revenue which he will withdraw from those activities. If the income is not to be given in advance, it shall, in good time before the publication of each delay period, give an indication of the income which he has enjoyed since the activities or the previous task. Our Minister gives detailed rules on the making of communications by the person concerned in respect of the activities referred to in Article 4 (2). Article 9, second paragraph .

  • 2 Implies the nature of the activities or the income, that the income must be calculated over a longer period, the declaration shall be made accordingly and the benefit shall be reduced by a reduction of a provisional fixed amount. amount subject to settlement at the end of the event set out in the same period. With respect to this netting Article 9 the longer-term referred to in the preceding sentence, rather than the month of each month, shall apply.

  • 3 Our Minister may, when fixing the amount of reduction of the list of the person concerned, depart.

  • 4 The person concerned who has been granted benefit shall, by accepting the benefit, be deemed to agree that all of them, who are entitled to do so by the judgment of Our Minister, give all information about his circumstances; which are necessary for the implementation of this Chapter.


Article 10

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  • 1 The allowance, calculated in one month, shall be paid in monthly instalments.

  • 2 The benefit is not paid as long as the person concerned does not meet or does not meet his obligations under his or her obligations under the conditions of Article 9a .


Article 11. End and lapse of benefit

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  • 1 The allowance shall end with effect from the day following that on which the former Minister has died.

  • 2 The benefit is due to lapse:

    • (a) from the day on which the former Minister reaches pensionable age;

    • b. as from the day on which the former Minister becomes Minister again;

    • c. when, during the duration of the benefit, the circumstance occurs, Article 6, second paragraph, point (b) . Once that circumstance no longer occurs, it shall be applied mutatis mutandis.

  • 3 The allowance may be revoked in whole or in part if the person concerned has, on several occasions, not or does not meet his obligations under his or her obligations under the conditions laid down in Article 3 (1) Article 9a .

  • 4 Furthermore, we, the Council of State heard, may annaL the benefit if the former Minister:

    • a. has gone into foreign military service or foreign government service and, in our view, has behaved unworthy of the Dutch national viewpoint;

    • b. having been convicted of any criminal offence, from which our judgment proves that he has behaved unworthy of Dutch national viewpoint.


Article 12. Death grant

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  • 1 As soon as possible after the death of the former Minister, the widow or widower, of whom the deceased person was not living permanently divorced, shall be paid an amount equal to the benefit for a period of three months plus the Child benefit for the first and second child to whom the former Minister was responsible for the General Child by-entry law was right on the day of death.

  • 2. the deceased shall not be a widow or widower, or a widower, of whom he or she may not have been permanently divorced, the benefit of the amount referred to in the first paragraph shall be paid for the benefit of the minor children in family law. related were to the deceased, or minor children over which the deceased was responsible for the foster parental care. Foster parental care means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that. In the absence of such children, the benefit of the amount referred to in paragraph 1 shall be paid if the deceased was the breadwinner of parents, children, brothers or sisters, for the benefit of those relations.

  • 3 If the deceased person does not have any relations as referred to in paragraphs 1 and 2, the amount referred to therein may be paid in whole or in part for the payment of the costs of the last sickness and of the funeral of the body, if he or she It is not sufficient to cover the payment of such costs.

Chapter 4. The own pension

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Article 13. The right to own pension

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  • 1 A person who has been a minister or minister has a right to a pension of his own.

  • 2 The pension shall be in retirement age. At the request of the person concerned, the pension shall be retired sooner or later.

  • 3 The pension cannot be retired earlier than at the time when the person concerned reaches the age of 60 years.

  • 4 For the time when the person is acting as Minister and during the time when he enjoys a benefit as intended in Chapter 3 , the pension cannot go into effect.

  • 6 When the pension is entered, no claims for the pension are accrued.


Article 13a. The build-up of entitlement to pension

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  • 1 The person shall build pension entitlement during any service year. The claim shall be a percentage of the pension base for each year of service.

  • 2 The accumulated entitlement is indexed in a manner consistent with the indexation of the structure used for the old-age pension of public employees.


Article 13b. A service year

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Every year that the person concerned has worked as Minister, or has been in receipt of a benefit as referred to in Chapter 3 It's a service year for him.


Article 13c. The percentage of construction

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  • 1 The rate of construction, referred to in Article 13a The rate used for any service year is the rate used for the construction of the old-age pension of the State-employed persons.

  • 2 During the years which have been paid for more than three years and two months as intended Chapter 3 the percentage of the construction shall be half of the percentage referred to in the first paragraph.

  • 3 By way of derogation from the second paragraph, the percentage of the construction shall not be halved during the time when the person concerned is in a position of 55% or more of a person who is a member of the public.

  • 4 During the time in which the allowance is reduced due to income as referred to in Article 9 It shall be multiplied by a factor equal to the reduced benefit divided by the benefit without reduction, applying the first up to and third-member membership.

  • 5 The percentage of construction is zero if requested by the person concerned.


Article 13d. The pension base

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  • 2 To the extent that the person concerned in the service year is in receipt of a benefit as referred to in the Chapter 3 , the first paragraph shall apply mutatis mutandis, on the understanding that the pension base is based on the last person in favour of the dismissal as Minister. The competition is indexed in a manner consistent with the corresponding indexation applied to the old-age pension of public employees.


Article 13th. The pension

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  • 1 The pension shall be the sum of the accumulated pension claims on an annual basis.

  • 2 To the extent that the pension is at an age that deviates from the pensionable age at the time when pension entitlement was accrued, the sum of the entitlement referred to in the first paragraph shall be determined. For the part of the claim accumulated under a lower or higher pension age than the age at which the pension is set, the claim shall be reduced by a reduced rate of benefit.

  • 3 The pension may vary in height at the request of the person concerned over the years, with a reckoning over the years. In so doing, a previous reduction or increase shall be compensated by a subsequent increase in the lower or lower rate of the reduction.

  • 4 The reaccount referred to in the second and third paragraphs shall be attached to the re-account, which shall be used in corresponding cases in respect of public employees.

  • 5 The pension claim of the person acting as Minister at or after the pensionable age applicable at the time of his resignation shall not be reckoned as referred to in the second and third paragraphs.


Article 13f. Increase of own pension by conversion of survivor's pension

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  • 1 A minister or former Minister may at the entrance to the pension the accrued claims on survivor's pension as referred to in Article 4 (1) of the Treaty. Chapter 5 , convert into claims of a retirement pension.

  • 2 With the choice of conversion, entitlement to the survivor's pension will be cancelled. The choice is irrevocable.

  • 3 The choice of conversion may be made only with the consent of the spouse or of the notified partner.

  • 4 When the conversion rate is implemented, a barter is applied which corresponds to the terms of trade which are used in corresponding cases with respect to public employees.


Article 13g. Reduction of own pension by conversion into survivor's pension

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  • 1 A former minister may, after the end of the benefit term, be referred to in Article 7 , part of the accumulated claims of own pension, convert into a survivor's pension in the event of death for the purpose of reaching pensionable age.

  • 2 Our Minister shall notify this transposition opportunity within four months before the date of the payment. The former Minister makes his choice of conversion in writing to our Minister within six weeks of the communication. Until the end of that period, the former Minister shall obtain a non-contributory entitlement to a survivor's pension according to the time until the Minister's resignation.

  • 3 The conversion referred to in paragraph 1 shall be followed by a conversion of entitlement to survivor's pension to a claim of his own pension if:

    • a. The conversion referred to in paragraph 1 shall be followed by a transfer of value as referred to in Article 107 ;

    • b. Reminister the former Minister;

    • c. the marriage of the former minister ends, other than by his passing.

  • 4 In conversions, a barter is applied which corresponds to the terms of trade which are used in corresponding cases with respect to the public employees.


Article 13h. Reduction of pension entitlements and pensions

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  • 1 If the pension fund ABP is a reduction referred to in Article 134 Pension Act apply to pension claims or pension rights, our Minister shall reduce the pension claims and pensions referred to in this Chapter in a corresponding manner.

  • 2 Our Minister informs ministers and the former ministers in writing of his intention to reduce pension claims or pensions.

  • 3 The reduction may go into effect at the earliest one month after the parties concerned have been informed of this.

  • 4 If the pension fund ABP compensates for a reduction as referred to in Article 134 Pension Act apply, our Minister shall apply the compensation in a corresponding manner.


Article 13i. Buy small pension

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  • 1 If, on an annual basis, the pension is less than the amount referred to in the Article 66, 1st paragraph, of the Pension Act , this pension is bought out by a lump sum payment, provided that the Minister or former Minister agrees.


Article 14. Detailed rules

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  • 1 In the case of a general measure of administration, detailed rules shall be laid down:

    • a. The institution of the institution of the pension, including its indexation;

    • b. The years of service to be taken into account and the percentage of construction to be taken into account;

    • (c) the provision of the pension base, the competition to be taken into account, including the indexation thereof and the franchise;

    • (d) the determination of the pension;

    • e. the reckoning, intended in Article 13th, second paragraph ;

    • f. the limitations applying to Article 13th, third paragraph , taken into account, and the re-account used in that application,

    • g. the increase in the pension by the conversion of survivor's pension, including the exchange rate to be applied;

    • (h) the reduction in the pension by conversion into survivors ' pensions, including the terms of trade to be used and the provision of that survivor's pension;

    • i. the reduction in the pension after the reduction of pension claims and pensions by the pension fund ABP according to Article 134 of the Pension Act ;

    • (j) the purchase of a small pension;

    • k. other aspects in the interests of proper fixing and retirement benefits.

  • (2) In accordance with the measure referred to in paragraph 1, detailed rules may be laid down on the adjustment of the amounts specified in the measure.

  • 3 These rules shall respect the conditions and ceilings established by the Commission. Act on payroll tax 1964 In the case of an oldage pension based on a system of secondary earnings.

Chapter 5. Survivors 'and orphans' pensions

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§ 1. Entitlement to pension

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Article 15

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  • 1 The post-existing of a minister, former minister or retired minister is entitled to a pension.

  • 2 By way of derogation from the first paragraph, no entitlement to survivors ' pensions shall be:

    • a. If the marriage is closed after the retired minister had reached the retirement age;

    • b. in the event of the death of a former Minister prior to reaching pensionable age, in so far as the deceased's pension valid time is due after 31 July 2003;

    • (c) in the event of the death of a retired Minister, to the extent that the deceased's pension valid time is situated after 30 June 1999 and the choice is made in accordance with Article 13f .

  • 3 For the purposes of the second paragraph, the former Minister shall not be entitled to the former Minister for the benefit of the benefit referred to in the second paragraph. Article 6 .


Article 16 [ Exp. by 18-12-1992]

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Article 17. Special survivor's pension

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  • 1 Right to special survivor's pension has been the wife or man with whom a late Minister, former Minister or retired minister has been married, provided that:

    • a. he or she would have been entitled to a survivor's pension, if the Minister, former Minister or retired Minister on the day of the judgment, in which the divorce or dissolution of the marriage was pronounced, would have died; and

    • b. the under A on the date of the entry into force of the Law revision of the divorce law and the divorce or dissolution of the marriage was not pronounced in application of the law applicable to that date.

  • 2 Also entitled to special survivors ' pensions shall be entitled to the wife or man whose notification has ended, provided that he or he is entitled to a survivor's pension, if the Minister, the former Minister or the retired Minister on the day of the term of the survivor's pension is entitled to his/her family. The end of the notification would have died.

  • 3 By way of derogation from the first and second paragraphs, there shall be no entitlement to special survivors ' pensions:

    • a. if the Minister, former Minister or retired Minister and the relevant wife or man agreed upon prenuptial agreement, with a view to the end of marriage or notification, and our Minister with it, agrees;

    • (b) if the wife or man referred to in subparagraph (a) as a result of remarriage or notification by the same Minister is entitled to a survivor's pension on account of his death;

    • (c) in the event of the death of a Minister or former Minister for the pensionable age, in so far as the deceased's pensionable time is due to the date of 31 July 2003;

    • d. in the event of the death of a retired Minister to the extent that the deceased's pension valid time is situated after 30 June 1999 and the choice is made in accordance with Article 13f .


Article 18

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Following the death of a Minister, former Minister or retired Minister have the right to an orphan's pension are children who have not yet reached the age of twenty-one years and have not been married or have been married or have not been a party or have been a party to a notification, provided that they have been born or adopted prior to their dismissal or in the period in which he is entitled to benefits in respect of the dismissal.


Article 19

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Children in relation to whom a minister, former or retired Minister, at the time of his death, is a maintenance obligation under Article 394 of Book 1 of the Civil Code or Article 394 of Book 1 of the Civil Code BES had been imposed or had been recognised by it in the form of an authentic instrument, under the same conditions as in the Article 18 right to an orphan's pension.


Article 20

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  • 1 Children to whom the minister, former minister or retired minister carried the foster parental care at the time of his death, have under the same conditions as mentioned in Article 18 , entitlement to an orphan's pension except that the time of birth or adoption is to be taken into account in the time of commencement of foster care.

  • 2 Parental care referred to in the previous paragraph shall mean the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that.


Article 21. Temporary pension

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  • 1 If a minister, former minister or retired minister in the opinion of Our Minister is missing, those who would de-lend to his death should have the right to a temporary pension at the same rate as in the previous year. articles of this chapter are defined.

  • 2 The temporary pension shall be automatically retired as soon as the death of the missing person is established.


§ 2. Amount of pension

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Article 22. Survivor's pension

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  • 1 The survivor's pension shall be five-seventh of the pension to which the deceased Minister would have been entitled as such if he had been discharged from the day following his or her death, or where the deceased former pensioner was minister as such law or view had, with due regard to Article 15, second paragraph, points (b) and (c) .

  • 2 By way of derogation from the previous paragraph, the pension of the descendants of the person who dies:

    • a. as Secretary of State before reaching pensionable age, five-seventh of the pension to which that Minister would have been entitled, if he had held his post until the end of the age of that age;

    • b. As a former Minister in the period, on which he was awarded a benefit, five seventh of the pension to which the former Minister would have been entitled, if he is entitled to the achievement of pensionable age In order to calculate the pension, the period of service shall be calculated according to the amount of co-enumeration of the period of service on the day of death.

  • 3 If, on account of the same death, the right of survivor's pension arises for both survivor's pension under this section and a survivor's pension under or at the foot of the pension Third or Fifth Section of this Act , for the purpose of calculating own pensions derived from survivors ' pensions, is the time taken both for the calculation of the first pension and for the calculation of the other pension and not actually at the same time as the various posts have been spent, counted only in respect of the calculation of the pension, with the highest amount of time.

  • 4 The application of the first to third members shall be the subject of a franchise established between 31 December 1985 and 1 January 1995 as a result of a franchise established by or pursuant to general rules of management.


Article 22a

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  • 1 The person who has not yet reached the pensionable age has not been entitled to a survivor's benefit under the General Survivors Act , is entitled to an extra charge according to Article 22 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the total of 75% of the amount of the survivor's allowance paid up to an annual amount for the calculation of the survivor's pension calculated on 31 December 1985, and the amount of the benefit from the holiday allowance payable The General Survivors Act As this law applies, on 1 January of the year in which entitlement to survivors ' pensions arises.

  • 3 The naexisting referred to in paragraph 1, which is less than 40 years old, shall be entitled to the supplement referred to in that paragraph for the duration of 12 months.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 105, first paragraph , from 1 July 1999.

  • 5 The right to supplement is deleted:

    • (a) from the day on which the naexisting reaches the pensionable age;

    • b. starting from the month following that in which the naexisting remarries, as a partner is notified or as cohabiting as intended in the General Survivors Act shall be considered.


Article 22b

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act , to which income is deducted, is entitled to an additional charge, according to Article 22 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The right to supplement is also entitled to persons who have been awarded a survivor's pension for the period from 1 July 1996 to 1 July 19999, and whose benefit is payable under the General Survivors Act has been deducted from that period, as from that reduction.

  • 3 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's benefit, calculated to an annual amount, for each of the year after 31 December 1985, and the amount of the allowance paid for each year. holiday benefit due to the General Survivors Act As this law applies, on 1 January of the year in which entitlement to survivors ' pensions arises, without the reduction and the reduced amount. The supplement does not exceed 75 per cent of the first sentence referred to in the first sentence and cannot be negative. The surcharge shall be determined:


Article 22c

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act and on 1 January 1998 55 years of age is entitled to a supplement to be Article 22 calculated pension, calculated or calculated on the period of service after 31 December 1985, if and for as long as he is entitled to a survivor's benefit in the event of the General Survivors Act , which is Article 67, third or ninth member of that Act from 1 January 1998 it is reduced by the fact that, from a time before 1 July 1996, the naexisting is living with the same person unmarried before 1 July 1996.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's allowance paid up to an annual amount for each of the years after 31 December 1985, and the amount of the survivor's benefit, calculated as a percentage of the total amount of the survivor's pension. holiday benefit due to the General Survivors Act without reduction and the reduced amount. The supplement shall not exceed 75% of the amount referred to in the first sentence of the first sentence.

    The supplement shall be fixed as from 1 January 1998, taking account of the amounts applicable from that date, in accordance with the provisions of the General Survivors Act and will then be determined with effect from 1 January and 1 July on the basis of the development of those amounts.

  • 3 The right to the surcharge is to lapse:

    • (a) from the day on which the naexisting reaches the pensionable age;

    • b. As from the month following that in which the naexisting marries or is a party to a notification;

    • c. as from the first day of the month in which the reduction in the survivor's allowance referred to in paragraph 1 is reversed.


Article 23. Special survivor's pension

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  • 1 The special survivor's pension shall be at the rate of five seventh instalment of a pension to be taken into consideration:

    • a. the basis of calculation to which the Minister's pension, former Minister or retired Minister would have been calculated if, on the date of the dissolution of the marriage or from the end of the notification as a partner, he would be entitled to a pension obtained;

    • b. Pension valid time which is prior to the day referred to in point A, except that in the cases specified in: Article 17, third paragraph, point (c) and (d) , only time before 1 August 2003 and 1 July 1999 will be taken into account.

  • 2 If there is a right to more than one special survivor's pension as referred to in Article 17, first or second paragraph , the first paragraph shall be applied mutatis mutandis, except that for the calculation of the special survivor's pension from each marriage and any notification to which an earlier marriage or prior notification precedes the date of reference only, the co-operation of the service period, which may be or may be considered to coincide with the duration of the period of marriage or the duration of the notification.

  • 3 If, in the event of a death, one or more of the special survivors ' pensions are entitled to a death, the survivor's pension which is derived from the same death shall be reduced by the amount of the survivor's pension.


Article 24. Survivor's pension in the event of a remarriage or notification

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If a post-existing remarries, is a party to a notification or is deemed to be unmarried cohabiting as intended in the General Survivors Act , his pension shall be reestablished with effect from the following month. In so doing, the minister, the former Minister or the retired Minister, who is in his position for the time of his death, shall only be entitled to the retirement period of his retirement.


Article 25. Orphan's pension

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  • 1 The orphan's pension shall be:

    • a. For each child, whose parent is due to the death of the Minister, former Minister or retired Minister, a seventh instalment;

    • b. For each other child, two seventh instalment, of the deceased's pension calculated in accordance with Article 22 .

  • 2 For the purposes of application of paragraph 1, the following shall be understood to include, at the time of his death, the child's foster parental care, intended for the purpose of applying the first paragraph of this Article. Article 20 .


Article 25a

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  • 1 This Article shall apply only to pension calculations of service time after 31 December 1985.

  • 3 If the supplement is claimed in the second paragraph, the orphan shall immediately give notice to our Minister. The supplement shall not be earlier than one year before the first day of the month in which the notification was made or in which the allowance was granted ex officio.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 105, first paragraph .


Article 26

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  • 1 Our Minister makes a recalculation of the orphan's pension according to the Articles 25 and 25a , where the survivor's pension or the special survivor's pension of the parent has ended on account of his death.

  • 2 Where the survivor's pension of the parent is Article 24 because of remarriage or notification, Our Minister raises the orphan's pension in Article 25, first paragraph, point (a) , with an amount which relates to the amount of that orphan's pension, such as the difference between the survivor's pension in the Article 22 , before and after application of Article 24 the survivor's pension shall be applicable to that survivor's pension before it applies.


Article 27. Limit joint amount of orphan's pensions

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  • 1 The combined amount of orphans ' pensions shall not exceed five seventh part of the amount of the amount of the pensions derived from those pensions.

  • 2 If orphans ' pensions are reduced for application of the first paragraph, such reduction shall be made in proportion to the extent of such pensions.

  • 3 For the purposes of this Article, the supplement shall be provided for: Article 27b No account, no account.


Article 27a. Allowance for survivors ' pension

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  • 1 The person who has not reached pensionable age has until the date on which he reaches that age equal to a supplement to his pension, calculated according to the preceding Articles, of 15% of that pension. where calculated on the basis of time before 1 August 2003 and of 7,5% in so far as calculated over time after 31 July 2003, subject to the provisions of the second and fourth paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 17 Application has been found.

  • 3 This Article shall not apply in respect of the person entitled to a special survivor's pension, nor to the person whose survivors ' pension is subject to the application of Article 24 has been fixed.

  • 4 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 105, third paragraph , according to the adjustment of an amount converted into euros, on 1 January 1985, € 28 678,91.


Article 27b. Supplement to orphan's pension

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  • 1 The orphan mentioned in Article 25 shall be entitled, from the first day of the month in which he reaches the age of 15 years, to a supplement to his pension, calculated in accordance with the preceding Articles, to the amount of 15% of that pension, subject to the provisions of the the second and third paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 17 Application has been found.

  • 3 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 105, third paragraph , according to the adjustment of an amount converted into euros, on 1 January 1985, € 28 678,91.


Article 28. Temporary pension

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The temporary pension shall be the same as the pension to which the missing person died on the day of his disappearance.


Article 28a. Buy small pension

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  • 1 If the survivor's pension, the special survivors ' pension, the orphan's pension or the temporary pension is less than the amount specified in the year on an annual basis Article 66, 1st paragraph, of the Pension Act , this pension is purchased by a lump sum payment, provided that the person concerned agrees to the pension.

  • 3 In the case of, or under general management, detailed rules on the purchase of a small pension shall be laid down.

Chapter 6. Retirement pension

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Article 29. Revocation of a view or a right to a pension

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We, the Council of State heard, declare the view of whether the right to a pension will expire in whole or in part, if the person who has that view or right is:

  • a. has gone into foreign military service or foreign government service and, in our view, has behaved unworthy of the Dutch national viewpoint;

  • b. having been convicted of any criminal offence, from which our judgment proves that he has behaved unworthy of Dutch national viewpoint.


Article 30. Restoration of the prospect of retirement

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In special cases, we, the Council of State heard, may be a by or as a result of application of Article 29 recover all or part of the applicable view or right to a pension.


Article 31. Revocation of the right to a pension for failure to recover

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  • 1 The right to a pension shall lapse if, for a period of five consecutive years, any recovery has not been completed.

  • 2 We may, after hearing the Council of State, recover any right or view of retirement from the application of the previous paragraph, or as a result of the application of the previous paragraph.

Chapter 7. Overlapping of pensions

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Article 32 [ Expired by 01-01-1979]

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Article 33 [ Expired by 01-01-1979]

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Article 34. Aggregation of survivors ' pensions after remarriage or notification

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  • (1) If a survivor who has already been granted a survivor's pension is also entitled to a survivor's pension under this law or under any other arrangement in respect of a subsequent marriage or notification, either by virtue of this Law or under any other arrangement, the amount of time in question is to be added to the calculation of the pension at which the amount of the maximum amount of the pension is calculated.

  • (2) Under a pension under another scheme referred to in the preceding paragraph, a pension payable by the Dutch Treasury, other than by virtue of statutory guarantees or from the obligation to pay, is understood to be a liability to the pension Dependants of Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, from a public law body in the Netherlands or in the said countries, or to a charge by public authority in the Netherlands, in that country countries or funds set up in those public bodies.


Article 34a. Aggregation of orphans ' pensions

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  • 1 If an orphan who already has a right to an orphan's pension, either under this law or under any other arrangement, is thereafter entitled to any other orphan's pension, either under this law or under any other arrangement, For the purpose of calculating the own pensions for which such orphan's pensions are or are to be deemed to be derived, a period of time together shall be taken into account only in the calculation of the pension, the amount of which shall be the highest.

Chapter 8. Transitional provisions

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Article 35. Repealed Law of 1 August 1956, Stb. 455

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  • 1 Subject to the provisions of this Chapter, the Law of 1 August 1956 shall be repealed at the time of entry into force of this Act, Stb. 455, laying down detailed rules for the granting of benefits and pensions to former ministers, secretaries of State, members of the Member States of the Member States and of their members, and their members, and of a pension to their widows and orphans, and the transitional provisions of that law.

  • 2 Article 4 of the Law of 1 August 1956, Stb. 455, shall continue to apply until 1 January 1969.

  • 4 To be counted from 1 September 1956 in the list of articles in the preamble to Article 50, first paragraph, of the Law of 1 August 1956, Stb. 455, inserted: 14, point A .


Article 36

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The legal provisions referred to in Article 35 continue to enter into force in respect of the rights and obligations arising under those provisions before the date of entry into force of this Act and which at that time have not yet been subject to any funds to which they are That time has not yet been met.


Article 36a. (belongs to chapter 3)

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  • 2 The Articles 7a to 7c shall not be applicable in respect of the first dismissal from 27 February 2010 of the person concerned who:

    • (a) the post of Minister at that date and

    • b. No office held office in the Cabinet immediately after the elections to the Second Chamber of 9 June 2010.

  • 4 In the case of a resignation or resignation of an interested party on the date of entry into force of the Law shortening duration of the continued benefit Appa fulfils the office of Minister and does not hold such office in the next Cabinet to take office after that date, shall be granted a benefit in accordance with the rules applicable on the day preceding that date.

  • 5 An interested party on the date of entry into force of the Law shortening duration of the continued benefit Appa , the office of Minister, and also holds the office in the next Cabinet to take office after that date, shall be granted a benefit in accordance with the rules applicable on the day preceding that date when he is resigned or to resign. if he also:

    • (a) on the date of resignation of the next Cabinet to take effect after that date nine years and seven months or less from the pensionable age established for the calendar year five years after the resignation or resignage, and

    • (b) in the 12-year period preceding the arrival of the next Cabinet, has held a post for at least 10 years as referred to in Article 2, second paragraph .


Article 37. Applicability of this Act

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As from a date preceding the date of entry into force of this Law, of ministers and of widows and orphans of ministers, former ministers and retired ministers are to be granted benefits and pensions. as from that date, they were deemed to have been granted under this Act.


Article 38. Choice of assay

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  • 1 Having regard to the following paragraph, the Articles 6 to 14 of this Act find no application and, instead, the articles corresponding to our decision of 31 October 1952, Stb. 543, and of the Pensions Act 1922, Stb. 240, as well as Article 68, paragraph 4, of the latter Act, such as those articles of 31 August 1956, shall apply mutatis mutandis to him, who on 31 August 1956 held the post of Minister for that purpose within six months. after the date on which he is given his resignation, give a written notice to our Minister.

  • 2 With regard to the person concerned, which has expressed the wish referred to in the preceding paragraph, from the date on which he is to retire as a former Minister, he shall be given over time prior to the ministerial order, which shall be the subject of the Pension Law 1922, Stb. 240, as was the subject of the Act on 31 December 1965, as a period of service, under the General Civil Pension Act, which was charged to the General Civil Pension Fund.

  • 3 Pensions granted to the General Civil Pension Fund under Article 52 (2) of the Law of 1 August 1956, Stb. 455, to the extent that the right to that pension has not expired, from the date of entry into force of this Act, be recalculated under the terms of the General Civil Pensions Act, if so for the person concerned. More advantageous.

  • 4 In the cases in which the time prior to the ministership, which is under the Pensions Act 1922, Stb. 240, as it was the law of 31 December 1965, was considered to be the period of service and must be regarded as having been paid into a pension although it did not result in a separate pension from the General Civil Pension Fund because it was not As a former Minister, the former Minister has already reached the maximum limit laid down in Article 68 (3) of that Law, as it had been, on 31 August 1956, with effect from the date of entry into force of this Act, on the basis of the provisions of the General Civil Pension Fund, at the same time as the General Civil Pension Fund. General civil pension law pension awarded.


Article 39. The amount of the benefit (belongs to chapter 3)

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  • 1 In respect of the former Minister for whom a benefit has been granted in respect of a dismissal as such after 31 December 1963 but before 1 September 1966, the amount of the benefit, after deduction of any reduction which may be applied on the basis of income, increased by compensation of the premium paid under the General Old-age Law and the General Widows ' Law and Road Law is levied, from 5.6 to 100 of the amount covered in 1964 and thereafter from 7.1 to 100 of the amount, taking into account the maximum limit in question.

  • 2 With respect to benefits granted in respect of a dismissal before the entry into force of this Law, the provisions of Article 3, first paragraph, and Article 8, first paragraph, of the Law of 1 August 1956 shall continue to apply, Stb. 455, in effect.

  • 3 Benefits granted in respect of a dismissal before the date of entry into force of this Law shall be counted as from 1 January 1969, or the later date of commencement of the benefit, in accordance with the provisions of the Article 8 Reviewed.


Article 39a. (belongs to Chapter 3 )

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With regard to the benefits granted in respect of a dismissal before the date of entry into force of the Act Adjustment Benefit Duration Appa , the benefit period shall remain in force as it applied on the day prior to that time.


Article 39b. (belongs to Chapter 3 )

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  • 1 Cash benefits in respect of a dismissal before the date of entry into force of the Pension Age Adjustment Retirement Age Appa shall be provided in accordance with the rules applicable on the day prior to that date.


Article 40. The amount of own pension (belongs to chapter 4)

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Pensions awarded in respect of a dismissal granted with an effective date situated before 1 January 1964 are derived from the last one as Minister, after deduction of such a portion of the part of the person concerned from that contest. calculated premium, as referred to in Article 23 of the General old-age law , if it is supposed to have been compensated for by competition.


Article 40a. (belongs to Chapter 4 )

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  • 1 The institution of the institution of the institution of the Member State shall be entitled to claim Articles 13 to 14 for service years from 1 January 2014.

  • 3 If, on 31 December 2013, the person concerned builds a pension on the basis of Chapter 4 , the structure referred to in paragraph 2 shall be established on the basis of a pension base which would apply if he were dismissed as from 1 January 2014. In so doing, the last enjoyed was not adapted. The accrued claim is then indexed in a manner consistent with the indexation of the structure used for the old-age pension of public employees.

  • 4 In the case of, or under general management, detailed rules shall be laid down regarding the application of the first to third members.


Article 40b. (belongs to Chapter 4 )

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  • 2 The application may also reduce pension claims accumulated before the date of entry into force of the Regulation. Pension Age Adjustment Retirement Age Appa . The reduction may also cover pensions which are based on pension claims built up before that entry into force.

  • 3 The application shall be made in respect of a reduction by the ABP pension fund as from 1 January 2013.


Article 41. The right to widows 'and orphans' pension (is to be found in Chapter 5, § 1)

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  • 1 The widow whose widower's pension expired on the basis of Article 22 of the Law of 1 August 1956 for a subsequent marriage, Stb. 455 or, on the basis of paragraph 4, a widow's pension is to be reinstated to the Minister if that marriage, other than by subsequent marriage on a right of leave, is dissolved.

    If the person concerned is also entitled to a pension in respect of subsequent marriage, either under this law or under any other scheme, as referred to in Article 4 (1), Article 34, second paragraph , the amount of the pension to be reallocated shall be calculated by corresponding application of Article 24 and Article 34, first paragraph Unless the granting of a pension, where entitlement to the other pension is due to lapse, leads to a higher amount. The previous sentence shall apply mutatis mutandis if the widow is entitled to a special widower's pension in respect of subsequent marriage.

  • 2 In the case of a widow's widow's pension under the preceding paragraph, the orphan's pension is to be granted to the widow of the widow of the widow of a widow. Article 25, first paragraph, first sentence , fixed in accordance with the provisions of that Article and subject to the conditions laid down in that Article Article 26, second paragraph , if Article 24 shall be applied mutatis mutandis in the calculation of the widower's pension.

  • 3 The widower's pension or widower's pensions and the established orphan's pension shall begin with the day following that of the dissolution of the marriage. The calculation of pensions as a result of the last sentence of the first paragraph shall take effect from the day on which the special widower's pension starts or is to enter into effect.

  • 4 By way of derogation from Article 24 shall end a widower's pension under paragraph 1 if the widow remarries a man with whom she has already been married before 1 January 1966, as from the month following that in which she remarries.


Article 41a

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If under Article U 31a of the General Civil Pensions Act or an article corresponding to that article, provision of other pension laws shall be entitled to a pension and before the date of entry into force of this Law on the (i) a previous marriage was already entitled to a pension under the Law of 1 August 1956 ( Stb. 455), the latter is to be retired from the date of commencement of the pension, with the corresponding application of the Article 24 and Article 26, second paragraph , and is also Article 34, first paragraph , applicable.


Article 42

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To the widow and orphans of the former Minister to whom, pursuant to Article 54 of the Law of 1 August 1956, Stb. 455, no pension has been awarded, is over the time prior to the ministership, which under the Pensions Act 1922, Stb. 240, as was the subject of that law on 31 December 1965, as a period of service, as from the date of entry into force of this Act, which was charged to the General Civil Pension Fund under the provisions of the Civil Code. General civil pension law, except that Article 37 of the latter law does not apply.


Article 43

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  • 1 Upon request, a widow's pension or orphan's pension is granted to the widow who, before the date of entry into force of this Law, is no longer remarried at that time, or to the children, who is entitled to a widow's pension; or had had an orphan's pension, if Article 15 had been in force at the time of death to which they were able to obtain justice.

  • 2 If, prior to the date of entry into force of this Law on another marriage, entitlement to a pension already existed under the Law of 1 August 1956 ( Stb. 455), the pension is the subject of the earlier marriage under the Law of 1 August 1956. (Stb. 455) or, as from the date of commencement of the pension to be granted under the preceding paragraph, has been set up, laid down or adopted by analogy with the application of the law Article 24 and Article 26, second paragraph , and is also Article 34, first paragraph , applicable.

  • 3 The previous paragraph shall apply mutatis mutandis if, in respect of another marriage prior to the date of entry into force of this Law, entitlement to a pension already existed under another scheme as referred to in Article 20 A , second paragraph, of the Law of 1 August 1956 ( Stb. 455), or entitlement to a pension under the first paragraph, which is equivalent to the provision of other pension laws.

  • 4 Entitlement of a pension under paragraph 1 shall not take place where application of the second paragraph or of the third member would result in a total amount of pension less than the amount of the pension already in existence.

  • 5 [ Red: Expated.]

  • 6 The pensions referred to in paragraph 1 shall enter into force at the date of the entry into force of this Law, on the understanding that, if the request is made more than one year after the date of entry into force of this Law, the Article 167, first paragraph , it has been done, it has not been earlier than one year before the first day of the month in which the request was made.


Article 44 [ Exp. by 18-12-1992]

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Article 45

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  • 1 Upon request, an orphan's pension is granted to the child who has not yet reached the age of twenty-one years and has not been married or has been married that has had the right to a pension in such a way that the child has not been married. Articles 19 and 20 had been in force at the time of death to which they were able to obtain justice.

  • 2 [ Red: Expated.]

  • 3 The pension referred to in paragraph 1 shall enter into force at the date of entry into force of this Law, on the understanding that, if the request is made more than one year after the date of entry into force of the Article 167, first paragraph , was done, it did not earlier start than one year before the first day of the month in which the request was submitted.


Article 45a. (belongs to Chapter 5 )

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  • 1 In the case of, or under general management, detailed rules may be laid down on the determination of the survivor's pension, special survivors ' pensions, the orphan's pension and the temporary pension in connection with the entry into force of the pension scheme. The Pension Age Adjustment Retirement Age Appa .

  • 2 These rules shall respect the conditions and ceilings established by the Commission. Act on payroll tax 1964 In the case of a partner pension and an orphan's pension based on an intermediate wage scheme.


Article 46. Calculation of the widows 'and orphans' pension (as set out in Chapter 5 (2))

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Pensions awarded to widows and orphans of ministers, former ministers or retired ministers are to be recalculated to the extent that entitlement to pension has not expired, from the date of entry into force of this law. in accordance with Article 22 Other 25 , subject to: Article 27 , if it is more advantageous to the person concerned. In recalculation, a benefit as referred to in point Article 6 Also included benefits awarded to former ministers under benefit schemes prior to the benefit of the legislation.


Article 47

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To grant pensions for widows and orphans in respect of a death on or after the date of entry into force of this Law of the persons, which is the subject of Article 50 of the Law of 1 August 1956, Stb. 455, voted in favour of the calculation of their pension under the provisions of Article 68 (2) of the Pensions Act 1922, Stb. 240 as this article was used on 31 August 1956, shall be calculated in accordance with Article 22 , below 25 , if it is more advantageous to the person concerned.


Article 48. Retirement pension (belongs to chapter 6)

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For the period of five consecutive years referred to in Article 31, first paragraph The period before the date of entry into force of this Act, during which the recovery of the pension has not been completed shall be counted.


Article 49. Overlapping of pensions (belongs to chapter 7)

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  • 1 Pensions in respect of which Article 11 or 20 A of the Law of 1 August 1956, Stb. 455, application has been found, without prejudice to Articles 93 and 94, such as these, at the date of entry into force of this law and in compliance with the following paragraph, with effect from the date of entry into force of this law, or the later date on which they entered, determined without the restriction contained in that Article.

  • 2 The detailed arrangements referred to in the preceding paragraph shall be carried out in such a way that not actually simultaneously fulfilled service time is included in the calculation of the pension in which the amount of the sum of the highest amount is given. In applying the preceding sentence, a pension is also defined as a pension under any other scheme. Article 34, second paragraph .

  • 3 The foregoing paragraphs shall apply only if, as a result, the sum of the pensions is more than it would have been, if the provisions in force on the day prior to the entry into force of this Act have been in force would have remained applicable. Where, by virtue of the preceding sentence, no further award of pensions takes place, the total of the pensions shall be Article 105 applicable.


Section 3. Members of the Second Chamber of the States-General

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Chapter 9. General Section

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Article 50. Definitions

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For the purpose of applying to or pursuant to this Section, the following definitions shall apply:

  • a. Chamber member: Member of the Second Chamber of the States-General;

  • b. Members of the Chamber: he who, by reason of a resignation as a member of the Second Chamber of the States-General, has a pension under this section;

  • Pensioner: he who is entitled to a pension under this section by virtue of a resignation as a member of the Second Chamber of the States of the European Union;

  • d. Member of the Chamber: time, during which the person concerned has acted as a Member of the Second Chamber of the States-General and where compensation has been received;

  • (e) basis of calculation: the amount of the indemnity applicable on the day preceding the resignation and the amount of the end-of-year allowance referred to in the Articles 2 and 2b of the Compensation Act Members Second Chamber , where the said claim is calculated on the basis of the compensation provided for in the Article 2 of the Act , less the percentage of the holiday allowance referred to in that Article.


Article 50a

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  • 1 For the purposes of applying to or pursuant to this Section, a period of temporary dismissal for pregnancy and childbirth, as a result of pregnancy and childbirth, is also to be regarded as a period of temporary dismissal, Article X 10 of the Kieswet .

  • 2 This Act does not apply to the member of the Chamber appointed to the place which has been opened as a result of the temporary dismissal of a member for pregnancy and childbirth or sickness, as a result of the Article X 12 of the Kieswet .

Chapter 10. The benefit

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Article 51. Entitlement to benefit

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  • 1 If he has not yet reached pensionable age, a member of a Chamber shall be entitled to benefit at the same time as the following articles.

  • 2 The first paragraph shall not apply:

    • a. If the person concerned so requests, or if he acts as a chamber member without interruption;

    • (b) if the person concerned has been deprived of his freedom.

  • 3 Unless the circumstances referred to in point (b) of the second paragraph have taken as long as or longer than the length of the benefit calculated from the date from the date of dismissal Article 52 The benefit will be granted as from the day when that condition no longer occurs, for the remainder of the period.

  • 4 A temporary dismissal as referred to in Article X 10 of the Kieswet , shall not be considered as stepping down as referred to in the first paragraph.


Article 52. Duration of benefit

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  • 1 The benefit is granted for a duration equal to the time in which the person concerned has been a member of the Chamber, but not less than two years and not more than three years and two months. If the person concerned has been a member with one or more stoppages, the time during which he has been a member of the Chamber shall be taken into account during a period, as last amended by his/her resignation, in which his/her membership of the Chamber shall not exceed one year. Sixth part of that period was interrupted.

  • 2 By way of derogation from the first paragraph, the benefit shall be granted for a period of six months if the person concerned has been a member of the Chamber for less than three months.

  • 3 If, on the date of his resignation, the person concerned is five years or less away from the pensionable age applicable to him and during the preceding period, he shall be in the period of 12 years immediately preceding his resignation. resigned before at least 10 years a function has been held as mentioned in Article 2, second paragraph , the benefit is continued until the pensionable age.

  • For the purpose of calculating the benefit referred to in paragraph 1 and the 10 years referred to in paragraph 3, the period of time in which the member concerned was a member shall be treated as the period in which he or she has been referred to in the third paragraph. Article 2, second paragraph, points (a) and (d) . If the time referred to in the preceding sentence is referred to in the preceding sentence, interruptions in the exercise of these functions shall be taken into account in the second sentence of the first paragraph.

  • 5 For the purposes of this Article, a Chamber shall be co-member of the European Parliament, insofar as such membership is not simultaneously filled with the membership of the Chamber. For the purpose of determining the time during which the person concerned has been a member of the Chamber, the time during which the compensation was not enjoyed as a Chamber member shall not be counted.

  • 6 In the case of the interim benefit of the benefit under Article 56, second paragraph, point (b) , the following benefit shall be granted at least until the date of expiry of the said benefit, if it had not expired.

  • 7 In special cases, we, the Council of State, can determine that the benefit will be continued for one, with due regard to Article 56 fixed period of time, which can be extended in the same way.


Article 52a

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  • 1 The person concerned who is entitled to benefits as referred to in the Article 51 , is required:

    • a. A sufficient effort to find appropriate work;

    • b. accept the appropriate work offered;

    • c. to cooperate in activities conducive to his occupational integration.

  • 2 The person concerned shall not:

    • (a) by not acquiring appropriate labour by their own resources;

    • (b) give up appropriate work by its own allocation;

    • c. claims to impede the acceptance or acquisition of appropriate labour.

  • 3 The term 'employment' referred to in paragraphs 1 and 2 shall be understood to mean all work calculated for the strength and the competence of the person concerned, unless acceptance for reasons of physical, mental or social character is not of his or her nature. It may be required. Whether labour is appropriate is determined in any case by:

    • a. the nature of the work, in relation to the previously performed work, an occupation or work experience previously exercised;

    • (b) the level of training of the person concerned;

    • c. travel time to and from work;

    • d. the wage bid;

    • e. the unemployment risk.

  • 4 Our Minister is responsible for drawing up a plan for the targeting and acquisition of appropriate work, in consultation with the interested party, which includes the activities necessary to meet the needs of the Obligation referred to in paragraph 1 (a). A general measure of management shall lay down detailed rules on:

    • a. The parts of the plan;

    • b. any concession for the activities included in the plan other than guidance;

    • c. the requirements placed on the organisation drawing up the plan.

  • 5 This Article shall not apply to the person concerned which:

  • 6 This Article shall not apply during the first three months following the resignation of the person concerned.


Article 52b

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  • 1 Our Minister may ask the person concerned, Article 52a , commit and support, in the targeted search and acquisition of appropriate labour, planning and support.

  • 2 Our Minister provides the person concerned with a concession in the costs of planned counselling and support in the search for and acquisition of appropriate work.

  • 3 The amount of the concession shall not exceed 20% of the calculation basis, Article 53, second paragraph . Compulsory planned planning and support provided for in paragraph 1 shall be reimbursed in full.

  • 4 In the case of a general measure of management, rules shall be set about:

    • a. The application for compensation for costs;

    • b. the eligible costs for reimbursement;

    • c. the requirements placed on the organisation performing the planned support.


Article 52c

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  • (1) If the person concerned is a person of Article 52a or 52b Mr President, Mr President, Mr President, Mr President-in-office of the Council, Mr President-in-office of the Council, Mr President, Our Minister is empowered to forgo the inaction of the payment with payments to the person concerned under this law.

  • 2 In the case of a general measure of management, rules shall be laid down regarding the implementation of the first paragraph.


Article 52d

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The nomination for a under Articles 52a , 52b or 52c general measure of management to be determined shall not be taken until four weeks after presentation to the two Chambers of the States-General.


Article 53. Amount of benefit

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  • 1 The allowance is for the first year of 80% and then 70% of the calculation basis.

  • 3 If, in the salary of the staff members, we make a change, the basis for calculating the calculation, possibly increased under paragraph 2, shall be applied for the purpose of applying the first paragraph from the date of entry into force of the The change is adjusted by our Minister in accordance with the amendment.


Continuation of the invalidity benefit

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Article 53a

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  • 1 If the person concerned is partially or wholly invalid on the day on which the duration of the benefit ends, in whole or in part, Article 56 , the disability benefit continued at the foot of the year. Article 53b .

  • 2 General invalid, in whole or in part, within the meaning of that law, it is the person who, as a direct and objective medical practitioner, is wholly or partially unable to work with work which is healthy or persons, with similar training and experience, on the spot where he or she has performed or last performed, or in the vicinity thereof, usually earning with labour. The former shall be understood as all generally accepted labour to which the person concerned is capable of being able to work with his powers and abilities. This work does not include employment under a contract of employment as referred to in Article 4 (2). Chapter 2 of the Social Employment Act .

  • 3 When determining the degree of general invalidity, it shall not be taken into account if the person concerned can actually obtain the work.

  • 4 If, without reasonable grounds, the person concerned refuses to take part in a training or training required for him or does not sufficiently contribute to the achievement of a favourable outcome, the degree of general interest shall be determined Invalidity is considered to have been completed.

  • 5 In the case of general invalidity of less than 25%, the benefit is not continued.


Article 53b

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  • 1 The continuation of the benefit shall be as indicated in the second and third paragraphs, and then as indicated in the fourth and fifth paragraphs of this Article.

  • 2 The allowance shall be equal to or greater than 70% of the calculation basis for a period as indicated in the third paragraph, if necessary increased and adjusted according to Article 53 , in the case of general invalidity of 80% or more, 60% of that basis of calculation for general invalidity of 55% to 80% and 40% of that basis of calculation, in cases of general invalidity of 25% to 55%.

  • 3 The period referred to in paragraph 2 shall not exceed, for the person concerned, at the time of the continuation of the benefit:

    • 58 years or older: six years;

    • 53 years or older: three years;

    • 48 years or older: two years;

    • 43 years or older is one and a half years;

    • 38 years or older is: one year;

    • 33 years or older is: half a year, and

    is less than 33 years: nil.

  • (4) The benefit shall be increased, after the period laid down in paragraph 3, by a percentage of an amount equal to the minimum wage, according to paragraph 2, by a percentage of the difference between the basis of calculation, if necessary. increased and adjusted according to Article 53 And the minimum wage.

  • For the calculation of the amount referred to in paragraph 4, a percentage of two times the number of years elapsed between the 15th year and the age of the person concerned at the time of continuation of the benefit.

  • 7 The person concerned is entitled to a supplement to the benefit if the benefit is less than the rate of calculation laid down in accordance with the second subparagraph, plus, where appropriate, increased and adjusted in accordance with Article 53 .

  • 8 The supplement shall be equal to the amount necessary to increase the benefit to the percentage of the calculation basis referred to in paragraph 7, raised, where appropriate, and adjusted according to Article 53 .

  • 9 By way of derogation from the eighth paragraph, the supplement shall be equal to the amount necessary to increase the benefit to the percentage of the calculation basis indicated in the 10th paragraph, possibly increased and adjusted in accordance with the conditions laid down in Article 3 (1). Article 53 , if the party concerned has made a choice for a reduction in the deduction resulting from Article 106, first paragraph .

  • 10 The rate referred to in the ninth paragraph shall be at least 80% or more than 65%, in the case of general invalidity, from 55% to 80%: 56% and general invalidity from 25% to 55%: 37%.

  • 11 In the case of the general measure of governance referred to in Article 106, first paragraph , rules shall be laid down regarding the reduction referred to in the ninth paragraph. Our Minister shall lay down rules as to how and when the Member of the Second Chamber of the States-General or the former Member of the Second Chamber of the States-General shall state the choice referred to in the ninth paragraph, which is a one-off procedure. to be made.

  • 12 If the benefit to be paid as a result of general invalidity, together with income, is intended to be Article 54 , less than the minimum wage, the benefit is raised to the minimum wage. The increase shall not exceed the difference between the amount of the benefit and the amount derived from it and no more than 30% of the minimum wage.


Article 53c

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  • 1 The continuation of the benefit provided for in Article 53a It shall be made at the request of the party concerned and for periods of no more than three years, without prejudice to the revision or withdrawal of the benefit provided for in this Act.

  • 2 Our Minister shall inform the person concerned in writing of the possibility of applying for the benefit of the benefit after the expiry of the period referred to in the first paragraph, not later than four months before the expiry of the period referred to in the first paragraph. period.

  • 3 An application as referred to in paragraph 2 shall be made by the party concerned not later than three months before the expiry of the period referred to in the first paragraph.

  • 4 If Our Minister does not decide in good time on a timely application as referred to in paragraph 3, the benefit will be continued until the date of the decision on the application.

  • 5 An application as referred to in paragraph 2 shall be deemed to have been lodged in good time if our Minister has not delivered the notification referred to in the second paragraph, or if, in the event of a subsequent notification as referred to in the second paragraph, the application shall be submitted within one month of receipt of the notification.

  • 6 If the benefit is continued after the period referred to in the first paragraph, the benefit shall be calculated in accordance with the conditions which would have been applicable if that period had not expired.

  • 7 Our Minister may, in respect of certain categories of general invalidity, lay down that in certain situations there shall be no period or a period of time which deviates from the three-year period referred to in the first paragraph.


Article 53d

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  • 1 Within one year from the date on which the benefit is first applied Article 53a continue, our Minister will carry out an inquiry to see if there are grounds for revision or withdrawal of benefit due to grounds having an impact on the degree of general invalidity.

  • 2 Our Minister may, in respect of certain categories of general invalidity, provide that no time limit or a period shall apply which differs from the time limit specified in paragraph 1.

  • 3 Our Minister changes his own motion, or at the request of the party concerned, the amount of benefit if he changes the degree of general disability.

  • 4 An amendment to the amount of the benefit goes to:

    • (a) where an application has been submitted, as from the first day of the month following that in which the application was made;

    • (b) if the change is of its own motion, starting on the first day of the month following that in which the decision has been taken.

  • 5 The application of Article 53a shall be suspended in respect of any interested party if and as long as he does not comply with an invitation by Our Minister to submit to an investigation by one or more doctors appointed by him to answer the question, or is general invalidity.

  • 6 If the person entitled to benefits for general invalidity benefits from or benefits from employment income from or in connection with employment, our Minister shall be entitled, as long as it is not established whether such employment is intended to be the labour of the person concerned. Article 53a, second paragraph , it may be regarded as not to revise or withdraw the benefit. Application of the first sentence shall not exceed a continuous period of three years, starting on the first day on which the income is enjoyed in the first sentence or in connection with work. This period shall be deemed not to have been interrupted if less than one month no income from or in connection is received. At the end of the period referred to in the second sentence, the period of employment referred to in the first sentence shall be regarded as "work". Article 53a, second paragraph .


Article 53e

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  • 1 At the request of a member of the Chamber, Our Minister shall examine one or more doctors appointed by him in order to answer the question of whether the member of the Chamber which made the request is a general invalid as intended for the purpose of Article 53 A , second paragraph .

  • 2 Our Minister shall inform the applicant of the outcome of an inquiry set up under the first paragraph.


Article 54. Income from or in connection with labour or business

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  • 1 The income enjoyed by the person concerned shall be determined in accordance with the rules of the Income Tax Act 2001 and are credited with the benefit in respect of the month on which such income relates or may be deemed to be related.

  • 3 The reckoning referred to in paragraph 1 shall be so as to reduce the benefit by the amount by which the benefit, together with that income, exceeds the amount of the benefit derived from the benefit. The payment shall be made on the basis of the payment for the amount of the benefit. Article 52c, first paragraph ............ Where, in addition to entitlement to benefits under this Section, entitlement to a cash allowance or benefit under another scheme is not a benefit under the Law for compensation, benefit and pension Members of the European Parliament The above shall not be applied in respect of the cash or benefit referred to, if the benefit is eligible for the payment of a cash or benefit account elsewhere in the course of the payment.

  • 4 If, in the amount of the income referred to in the preceding paragraphs, is or may be deemed to be included in the contribution of the premium General Old-age Law and General Survivors Act , this fee shall not be taken into account for the purposes of this Article. The preceding sentence shall apply only to the extent that the income referred to therein relates to a period prior to 1 June 1985.

  • 5 Child benefit is not considered to be in effect.

  • 6 For the purposes of this Article, in respect of the continued benefit of Article 52, sixth paragraph , and Article 53a , Our Minister may consider other earnings as having been enjoyed by activities referred to in the second paragraph.


Article 54a

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  • 1 The person concerned is obliged to take up any of the activities referred to in the Article 54, second paragraph , please inform our Minister, stating, as far as possible, of the revenue which he will draw from those activities. If the income is not to be given in advance, it shall, in good time before the publication of each delay period, give an indication of the income which he has enjoyed since the activities or the previous task. Our Minister gives detailed rules on the application of communications by the person concerned concerning the activities referred to in Article 2 (2). Article 54, second paragraph .

  • 2 Implies the nature of the activities or the income, that the income must be calculated over a longer period, the declaration shall be made accordingly and the benefit shall be reduced by a reduction of a provisional fixed amount. amount subject to settlement at the end of the period set out in the said period.

    With respect to this netting Article 54 the longer-term referred to in the preceding sentence, rather than the month of each month, shall apply.

  • 3 Our Minister may, when fixing the amount of reduction of the list of the person concerned, depart.

  • 4 The person concerned, who has been granted benefit, shall be deemed to accept, by accepting the benefit of the benefit, that all those who are eligible for the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of specify which is necessary for the implementation of this Chapter.


Article 55

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  • 1 The allowance, calculated in one month, shall be paid in monthly instalments.

  • 2 The benefit is not paid as long as the person concerned does not meet or does not meet his obligations under his or her obligations under the conditions of Article 54a .


Article 56. End and lapse of benefit

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  • 1 The allowance shall end with effect from the day following that on which the former member of the Chamber died.

  • 2 The benefit is due to lapse:

    • (a) from the day on which the former member reaches pensionable age;

    • b. From the day on which the former Member is once again acting as a Chamber Member or becomes a Member of the European Parliament;

    • c. when, during the duration of the benefit, the circumstance occurs, Article 51, second paragraph, point (b) . Once that circumstance no longer occurs, it shall be applied mutatis mutandis.

  • 3 The allowance may be revoked in whole or in part if the person concerned has, on several occasions, not or does not meet his obligations under his or her obligations under the conditions laid down in Article 3 (1) Article 54a .


Article 57. Death grant

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  • 1 As soon as possible after the death of the former member of the Chamber, the widow or widower, of whom the deceased person was not living in a lasting way, shall be paid an amount equal to three times the amount of the benefit, which shall be the last full month. has been paid to the former Chamber.

  • 2 If the deceased person is not a widow or widower, or a widower of whom he or she, he or she, has not been permanently divorced, the benefit shall be paid to the underage children to whom the deceased person was in the family law; or underage children about which the deceased was responsible for the foster parental care. Foster parental care means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that. If the children are not children, the benefits shall be paid, if the deceased was the breadwinner of parents, children, brothers or sisters, for the benefit of such relations.

  • 3 If the deceased person does not have any relations as referred to in paragraphs 1 and 2, the amount referred to therein may be paid in whole or in part for the payment of the costs of the last sickness and of the funeral of the body, if he or she It is not sufficient to cover the payment of such costs.

Chapter 11. The own pension

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Article 58. The right to own pension

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The Articles 13 to 14 shall apply mutatis mutandis to the own pension of a Chamber member.


Article 58a. Amount of own pension per year as a member of the Chamber [ Expr. per 27-07-2013]

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Article 58b [ Expired by 27-07-2013]

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Article 59. Pension base time for 1 January 1986; general pension [ Vertraps per 27-07-2013]

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Article 59a. Pension basis time between 31 December 1985 and 1 January 1995 [ Expandes per 27-07-2013]

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Article 59aa [ Expale per 27-07-2013]

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Article 59b. Conjoined service of spouses between 31 December 1985 and 1 January 1995 [ Expandes per 27-07-2013]

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Article 59c. Provision of information [ Expat per 27-07-2013]

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Chapter 12. Survivors 'and orphans' pensions

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§ 1. Entitlement to pension

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Article 60

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  • 1 The post-existing of a member of the Chamber, a member of the Chamber or a pensioner, is entitled to a pension.

  • 2 By way of derogation from the first paragraph, no entitlement to survivors ' pensions shall be:

    • a. If the marriage is closed after the retired chamber member had reached the retirement age;

    • b. in the event of the death of a former member of the Chamber before the pensionable age is reached, in so far as the deceased's pensionable time is due to the date of 31 July 2003;

    • (c) in the event of the death of a pensioner, to the extent that the deceased's pensionable time is situated after 30 June 1999 and the choice is made in accordance with Article 13f in connection with Article 58 .

  • 3 For the purposes of paragraph 2, the former member of the Chamber shall not be entitled to the right to benefit as referred to in paragraph 3 of this Article. Article 51 .


Article 61 [ Exchanges by 18-12-1992]

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Article 62. Special survivor's pension

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  • 1 Right to special survivor's pension shall have been the wife or man with whom a member of the Chamber, the former Member of the Chamber or a pensioner, has been married, provided that:

    • a. he or she would have been entitled to a survivor's pension, if the member of the Chamber, the former Member of the Chamber or a pensioner on the day of the sentence, in which the divorce or the dissolution of the marriage was pronounced, would have died; and

    • b. the under A on the date of the entry into force of the Law revision of the divorce law and the divorce or dissolution of the marriage was not pronounced in application of the law applicable to that date.

  • 2 Also entitled to special survivors ' pensions shall be entitled to the wife or man whose notification has ended, provided that he or he is entitled to a survivor's pension, if the member of the Chamber, the former Member or a pensioner, is on the day of his/her retirement. The end of the notification would have died.

  • 3 By way of derogation from the first and second paragraphs, there shall be no entitlement to special survivors ' pensions:

    • a. if the member of the Chamber, a member of the Chamber or a retired member of the Chamber and the relevant wife or man agreed to a prenuptial agreement, with a view to the end of the marriage or to the notification, and our Minister with that agrees;

    • (b) if the wife or man referred to in subparagraph (a) is entitled to a survivor's pension as a result of the remarriage or notification of the same member by the same member as a result of his death;

    • (c) in the event of the death of a member of the Chamber or of a member of the Chamber before the pensionable age, in so far as the deceased's pension valid time is due to the date of 31 July 2003;

    • d. in the event of the death of a pensioner, to the extent that the deceased's pensionable time is situated after 30 June 1999 and the choice is made in accordance with Article 13f in connection with Article 58 .


Article 63

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Following the death of a member of the Chamber, a member of the Chamber or a pensioner, an orphan's pension shall be his children who have not yet reached the age of twenty-one years and have not been married or have been married or have not been a party to an orphan's pension. or have been a party to a notification, provided that they have been born or adopted before his resignation or in the period in which he is entitled to benefits in respect of the resignation.


Article 64

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Children with respect to which a Member of the Member State at the time of his death is subject to a maintenance obligation Article 394 of Book 1 of the Civil Code or Article 394 of Book 1 of the Civil Code BES had been imposed or had been recognised by it in the form of an authentic instrument, under the same conditions as in the Article 63 right to an orphan's pension.


Article 65

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  • 1 Children to whom the member of the Chamber, former member of a Chamber or a pensioner, was responsible at the time of his death the foster parental care, under the same conditions as in the Article 63 , entitlement to an orphan's pension except that the time of birth or adoption is to be taken into account in the time of commencement of foster care.

  • 2 Parental care referred to in the previous paragraph shall mean the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that.


Article 66. Temporary pension

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  • 1 If a member of the Chamber, a member of the Chamber or a pensioner, is missing from the judgment of Our Minister, those who would benefit from his death are entitled to a pension, temporary pension at the same rate as in the previous year. articles of this chapter are defined.

  • 2 The temporary pension shall be automatically retired as soon as the death of the missing person is established.


§ 2. Amount of pension

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Article 67. Survivor's pension

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  • 1 The survivor's pension is the seventh part of the pension to which the deceased member would have been entitled, if he had been discharged from the day following that of his death, or to which the deceased person was referred Member of the Chamber, having as such right or view, taking into account Article 60, second paragraph, points (b) and (c) .

  • 2 By way of derogation from the previous paragraph, the pension of the descendants of the person who dies:

    • a. as a Chamber Member before reaching pensionable age, five seventh instalment of the pension to which that Member of the Chamber would have been entitled, if he would have had the membership of the Chamber until the age of the said age Coated;

    • b. as a former member of the Chamber during the period for which he was awarded a benefit, five seventh of the pension to which the former Member of the Chamber would have been entitled, if he is entitled to the right to reach pensionable age In order to calculate the pension, the Member State shall be calculated on the basis of the amount of co-enumeration of the Member of the Chamber on the day of death.

  • 3 If, on account of the same death, the right of survivor's pension arises for both survivor's pension under this section and a survivor's pension under or at the foot of the pension Second or Fifth Section of this Act , for the purpose of calculating own pensions derived from survivors ' pensions, is the time taken both for the calculation of the first pension and for the calculation of the other pension and not actually at the same time as the various posts have been spent, counted only in respect of the calculation of the pension, with the highest amount of time.

  • 4 The application of the first to third members shall be the subject of a franchise established between 31 December 1985 and 1 January 1995 as a result of a franchise established by or pursuant to general rules of management.


Article 67a

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  • 1 The person who has not yet reached the pensionable age has not been entitled to a survivor's benefit under the General Survivors Act As this law applies, on 1 January of the year in which entitlement to a survivor's pension arises, entitlement to a supplement shall be based on: Article 67 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the total of 75% of the amount of the survivor's allowance paid up to an annual amount for the calculation of the survivor's pension calculated on 31 December 1985, and the amount of the benefit from the holiday allowance payable The General Survivors Act .

  • 3 The naexisting referred to in paragraph 1, which is less than 40 years old, shall be entitled to the supplement referred to in that paragraph for the duration of 12 months.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 105, first paragraph , from 1 July 1999.

  • 5 The right to supplement is deleted:

    • a. as from the first day of the month in which the next-existing age reaches pensionable age;

    • b. starting from the month following that in which the naexisting remarries, as a partner is notified or as cohabiting as intended in the General Survivors Act shall be considered.


Article 67b

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act , to which income is deducted, is entitled to an additional charge, according to Article 67 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The right to supplement is also entitled to persons who have been awarded a survivor's pension for the period from 1 July 1996 to 1 July 19999, and whose benefit is payable under the General Survivors Act has been deducted from that period, as from that reduction.

  • 3 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's benefit, calculated to an annual amount, for each of the year after 31 December 1985, and the amount of the allowance paid for each year. holiday benefit due to the General Survivors Act As this law applies, on 1 January of the year in which entitlement to survivors ' pensions arises, without the reduction and the reduced amount. The supplement does not exceed 75 per cent of the first sentence referred to in the first sentence and cannot be negative. The surcharge shall be determined:


Article 67c

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act and on 1 January 1998 55 years of age is entitled to a supplement to be Article 67 calculated pension, calculated or calculated on the period of service after 31 December 1985, if and for as long as he is entitled to a survivor's benefit in the event of the General Survivors Act , which is Article 67, third or ninth member of that Act from 1 January 1998 it is reduced by the fact that, from a time before 1 July 1996, the naexisting is living with the same person unmarried before 1 July 1996.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's allowance paid up to an annual amount for each of the years after 31 December 1985, and the amount of the survivor's benefit, calculated as a percentage of the total amount of the survivor's pension. holiday benefit due to the General Survivors Act without reduction and the reduced amount. The supplement shall not exceed 75% of the amount referred to in the first sentence of the first sentence.

    The supplement shall be fixed as from 1 January 1998, taking account of the amounts applicable from that date, in accordance with the provisions of the General Survivors Act and will then be determined with effect from 1 January and 1 July on the basis of the development of those amounts.

  • 3 The right to the surcharge is to lapse:

    • a. as from the first day of the month in which the next-existing age reaches pensionable age;

    • b. As from the month following that in which the naexisting marries or is a party to a notification;

    • c. as from the first day of the month in which the reduction in the survivor's allowance referred to in paragraph 1 is reversed.


Article 68. Special survivor's pension

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  • 1 The special survivor's pension shall be at the rate of five seventh instalment of a pension to be taken into consideration:

    • a. the basis for calculating the calculation to which the pensioner's pension, former member of the Chamber or a pensioner, would have been calculated on the date of the dissolution of the marriage or of the end of the notification as a partner; obtained;

    • b. Pension valid time which is prior to the day referred to in point A, except that in the cases specified in: Article 62, third paragraph, points (c) and (d) , only time before 1 August 2003 and 1 July 1999 will be taken into account.

  • 2 If there is a right to more than one special survivor's pension as referred to in Article 62, first or second paragraph , the first paragraph shall be applied mutatis mutandis, except that for the calculation of the special survivor's pension from each marriage and any notification to which an earlier marriage or prior notification precedes the date of reference only, the co-member of the Member State which is or may be considered to be together with the period of marriage or the duration of the notification.

  • 3 If, in the event of a death, one or more of the special survivors ' pensions are entitled to a death, the survivor's pension which is derived from the same death shall be reduced by the amount of the survivor's pension.


Article 69. Survivor's pension in the event of a remarriage or notification

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If a post-existing remarries, is a party to a notification or is deemed to be unmarried cohabiting as intended in the General Survivors Act , his pension shall be reestablished with effect from the following month. Only the period of retirement of the member of the Chamber, the former Member of the Chamber or the retired Chamber shall be taken into consideration, which shall be the time of his death.


Article 70. Orphan's pension

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  • 1 The orphan's pension shall be:

    • a. A seventh instalment for each child, whose parent is entitled to the death of the member of the Chamber, the former Member of the Chamber or a pensioner entitled to a pension;

    • b. For each other child, two seventh instalment, of the deceased's pension calculated in accordance with Article 67 .

  • 2 For the purposes of application of paragraph 1, the following shall be understood, as a parent, that at the time of his death the foster parental care of the child is intended to be taken into account. Article 65 .


Article 70a

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  • 1 This Article shall apply only to pension calculations of service time after 31 December 1985.

  • 3 If the supplement is claimed in the second paragraph, the orphan shall immediately give notice to our Minister. The supplement shall not be earlier than one year before the first day of the month in which the notification was made or in which the allowance was granted ex officio.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 105, first paragraph .


Article 71

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  • 1 Our Minister makes a recalculation of the orphan's pension according to the Articles 70 and 70a , where the survivor's pension or the special survivor's pension of the parent has ended on account of his death.

  • 2 Where the survivor's pension of the parent is Article 69 because of remarriage or notification, Our Minister raises the orphan's pension in Article 70, first paragraph, point (a) , with an amount which relates to the amount of that orphan's pension, such as the difference between the survivor's pension in the Article 60 , before and after application of Article 69 the survivor's pension shall be applicable to that survivor's pension before it applies.


Article 72. Limit joint amount of orphan's pensions

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  • 1 The combined amount of orphans ' pensions shall not exceed five seventh part of the amount of the amount of the pensions derived from those pensions.

  • 2 If orphans ' pensions are reduced for application of the first paragraph, such reduction shall be made in proportion to the extent of such pensions.

  • 3 For the purposes of this Article, the supplement shall be provided for: Article 73a No account, no account.


Article 73. Allowance for survivors ' pension

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  • 1 The person who has not reached pensionable age has until the first day of the month in which he reaches that age at a supplement to his pension, calculated according to the preceding Articles, of 15%. of that pension as calculated over time before 1 August 2003 and of 7,5% in so far as calculated over time after 31 July 2003, subject to the provisions of the second and fourth paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 17 Application has been found.

  • 3 This Article shall not apply in respect of the person entitled to a special survivor's pension, nor to the person whose survivors ' pension has been re-determined for the purpose of remarriage or notification.

  • 4 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 105, third paragraph , according to the adjustment of an amount converted into euros, on 1 January 1985, € 28 678,91.


Article 73a. Supplement to orphan's pension

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  • 1 The orphan mentioned in Article 70 shall be entitled, from the first day of the month in which he reaches the age of 15 years, to a supplement to his pension, calculated in accordance with the preceding Articles, to the amount of 15% of that pension, subject to the provisions of the the second and third paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 17 Application has been found.

  • 3 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 105, third paragraph , according to the adjustment of an amount converted into euros from 1 January 1985 to € 28 678.91.


Article 74. Temporary pension

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The temporary pension shall be the same as the pension to which the missing person died on the day of his disappearance.


Article 74a. Buy small pension

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  • 1 If the survivor's pension, the special survivors ' pension, the orphan's pension or the temporary pension is less than the amount specified in the year on an annual basis Article 66, 1st paragraph, of the Pension Act , this pension is purchased by a lump sum payment, provided that the person concerned agrees to the pension.

  • 3 In the case of, or under general management, detailed rules on the purchase of a small pension shall be laid down.

Chapter 13. Retirement pension

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Article 75. Revocation of entitlement to a pension for non-recovery

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The right to a pension shall lapse if, for a period of five consecutive years, each recovery has been omitted.


Article 76. Restoration of the right to a pension

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We can, the Council of State heard, one by or as a result of the application of Article 75 restoring the right to retire or retire.

Chapter 14. Overlapping of pensions

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Article 77 [ Expired by 01-01-1979]

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Article 78 [ Expaed by 01-01-1979]

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Article 79. Aggregation of survivors ' pensions after remarriage or notification

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  • (1) If a survivor who has already been granted a survivor's pension is also entitled to a survivor's pension under this law or under any other arrangement in respect of a subsequent marriage or notification, either by virtue of this Law or under any other arrangement, the amount of time in question is to be added to the calculation of the pension at which the amount of the maximum amount of the pension is calculated.

  • (2) Under a pension under another scheme referred to in the preceding paragraph, a pension payable by the Dutch Treasury, other than by virtue of statutory guarantees or from the obligation to pay, is understood to be a liability to the pension Dependants of Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, from a public law body in the Netherlands or in the said countries, or to a charge by public authority in the Netherlands, in that country countries or funds set up in those public bodies.


Article 79a. Aggregation of orphans ' pensions

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  • 1 If an orphan who already has a right to an orphan's pension, either under this law or under any other arrangement, is thereafter entitled to any other orphan's pension, either under this law or under any other arrangement, For the purpose of calculating the own pensions for which such orphan's pensions are or are to be deemed to be derived, a period of time together shall be taken into account only in the calculation of the pension, the amount of which shall be the highest.

Chapter 15. Transitional provisions

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Article 80. Repeal Act of 31 July 1957, Stb. 324

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  • 1 Subject to the provisions of this Chapter, the Law of 31 July 1957 shall be repealed at the time of entry into force of this Law, Stb. (ii) the grant of a benefit and a pension to former members of the Second Chamber of the States-General, and the transitional provisions of that law, and of a pension to their widows and orphans.

  • 2 Articles 3, 9, 17 and 18 of the Law of 31 July 1957, Stb. 324, continue to apply until 1 January 1969.

  • 3 Article 13, point A , of the Law of 31 July 1957, Stb. 324, continues to apply until it is in Article 167, first paragraph That was the time.


Article 81

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The legal provisions referred to in Article 80 continue to enter into force in respect of the rights and obligations arising under those provisions before the date of entry into force of this Act and which at that time have not yet been subject to any funds to which they are That time has not yet been met.


Article 82. Applicability of this Act

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Benefits and pensions awarded to members or members of the Chamber, former members of the Chamber or of a pensioner, as from a date preceding the date of entry into force of this Law, members of the Chamber and the orphans of Members of the Chamber. has been deemed to have been granted from that date as from that date.


Article 83. Choice of assay

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The Chapter 10 and 11 The provisions of this section will not be applied and, instead, the provisions on the pension of resigned and outgoing Members, such as those on 31 August 1957, will continue to apply to him, which will be on that date the membership of the Second Chamber of the States-General, within three months of the date on which he was resigned, without having been immediately re-elected and admitted, made a written letter to our Minister. -


Article 84. Benefit (belongs to chapter 10)

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  • 1 In respect of benefits granted in respect of a resignation granted with an effective date before 1 January 1969, the provisions of Article 5 of the Law of 31 July 1957, Stb. 324, in effect.

  • 2 The benefits referred to in the preceding paragraph shall be counted from 1 January 1969. Article 105 applicable mutatis mutandis.

  • 3 Benefits granted in respect of a resignation before the date of entry into force of this Law shall be counted as from 1 January 1969, or the later date of commencement of the benefit, in accordance with the conditions laid down in Article 4 of the Treaty. Article 53, first paragraph , revised percentages.


Article 84a. (belongs to Chapter 10 )

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  • 2 The Articles 52a to 52c shall not apply in respect of the first resignation from 24 March 2010 of the person concerned who:

    • a. was a member of the Second Chamber on that date and

    • b. has not been reappointed immediately after the elections to the Second Chamber of 9 June 2010.


Article 84b. (belongs to Chapter 10 )

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In respect of benefits granted in respect of a resignation or resignage before the date of entry into force of the Act Adjustment Benefit Duration Appa , the benefit period shall remain in force as it applied on the day prior to that time.


Article 84c. (belongs to Chapter 10 )

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  • 1 The benefit of a person concerned shall be continued until his retirement age if he:

    • (a) Member of the Second Chamber on 24 March 2010,

    • b. Reappointed in office immediately after the elections in front of the Second Chamber on 9 June 2010,

    • c. when reappointment was at least 50 years old and

    • d. meets the in Article 52, third paragraph , the said requirements as to the service time.

  • 2 Benefits in respect of a resignation before 27 July 2013 shall be provided in accordance with the rules as applicable on the day preceding that time.

  • 3 The payment of a person concerned in respect of a resignation before 27 July 2013 shall continue until his retirement age if it has been granted on the basis of Article 52, third paragraph .

  • 6 An interested party on the date of entry into force of the Law shortening duration of the continued benefit Appa A member of a Chamber and a member of Kamerlid has been reappointed immediately after the next post-election after that date, shall be granted a benefit in accordance with the rules applicable on the day before that date if he/she is also on the date of that date. of his reappointment:

    • a. nine years and seven months or less is of the retirement age established for the calendar year five years after resignation; and

    • b. has held a function within the period of 12 years for at least 10 years as referred to in Article 2, second paragraph .


Article 85. The amount of own pension (belongs to chapter 11)

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Pensions awarded or granted in respect of a resignation with an effective date situated before 1 January 1969 shall be derived from the indemnity, as last amended as a member of the Chamber, adjusted to the rules laid down by the general measure of Management of the Article 105 On the understanding that, in the case of a resignation before 1 January 1959, the compensation shall be reduced in accordance with Article 4, first paragraph, of the B , of the Law of 17 July 1923, Stb. 364, as this article was until 1 January 1959.


Article 85a. (belongs to Chapter 11 )

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  • 1 The institution of the institution of own pension shall be determined in accordance with Article 58 for service years from 1 January 2014.

  • 3 If, on 31 December 2013, the person concerned builds a pension on the basis of Chapter 11 , the structure referred to in paragraph 2 shall be established on the basis of a pension base which would be valid if he had resigned as from 1 January 2014. The basis for calculating the calculation basis is not appropriate. The accrued claim is then indexed in a manner consistent with the indexation of the structure used for the old-age pension of public employees.

  • 4 In the case of, or under general management, detailed rules shall be laid down regarding the application of the first to third members.


Article 85b. (belongs to Chapter 11 )

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  • 2 The application may also reduce pension claims accumulated before the date of entry into force of the Regulation. Pension Age Adjustment Retirement Age Appa . The reduction may also cover pensions which are based on pension claims built up before that entry into force.

  • 3 The application shall be made in respect of a reduction by the ABP pension fund as from 1 January 2013.


Article 86. The right to widows and orphans ' pensions (belongs to Chapter 12, § 1)

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  • 1 The widow whose widower's pension expired on the basis of Article 22 of the Law of 31 July 1957 for a subsequent marriage, Stb. 324, or on the basis of paragraph 4, a widow's pension is to be reinstated upon request to Our Minister if that marriage, other than by subsequent marriage on a right of leave, is dissolved.

    If the person concerned is also entitled to a pension in respect of subsequent marriage, either under this law or under any other scheme, as referred to in Article 4 (1), Article 79, second paragraph , the amount of the pension to be reallocated shall be calculated by corresponding application of Article 69 and Article 79, first paragraph Unless the granting of a pension, where entitlement to the other pension is due to lapse, leads to a higher amount. The previous sentence shall apply mutatis mutandis if the widow is entitled to a special widower's pension in respect of subsequent marriage.

  • 2 In the case of a widow's widow's pension under the preceding paragraph, the orphan's pension is to be granted to the widow of the widow of the widow of a widow. Article 70, first paragraph, first sentence , fixed in accordance with the provisions of that Article and subject to the conditions laid down in that Article Article 71, second paragraph , if Article 69 shall be applied mutatis mutandis in the calculation of the widower's pension.

  • 3 The widower's pension or widower's pensions and the established orphan's pension shall begin with the day following that of the dissolution of the marriage. The calculation of pensions as a result of the last sentence of the first paragraph shall take effect from the day on which the special widower's pension starts or is to enter into effect.

  • 4 By way of derogation from Article 69 shall end a widower's pension under paragraph 1 if the widow remarries a man with whom she has already been married before 1 January 1966, as from the month following that in which she remarries.


Article 86a

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If under Article U 31a of the General Civil Pensions Act or an article corresponding to that article, provision of other pension laws shall be entitled to a pension and before the date of entry into force of this Law on any Earlier marriage already existed on the basis of the Law of 31 July 1957 ( Stb. 324), the latter is to be paid from the date of commencement of the pension, with the corresponding application of the Article 69 and Article 71, second paragraph , and is also Article 79, first paragraph , applicable.


Article 87

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  • 1 Upon request, a widow's pension or orphan's pension is granted to the widow who, before the date of entry into force of this Law, is no longer remarried at that time, or to the children, who is entitled to a widow's pension; or had had an orphan's pension, if Article 60 had been in force at the time of death to which they were able to obtain justice.

  • 2 If, prior to the date of entry into force of this Law on another marriage, entitlement to a pension already existed under the Law of 31 July 1957 ( Stb. 324), the pension is the subject of the earlier marriage under the Law of 31 July 1957 ( Stb. 324), there was a right under the preceding paragraph of which, from the date of commencement of the pension to be granted under the preceding paragraph, it had been fixed or determined by analogy with the corresponding application of the law of the Article 69 and Article 71, second paragraph , and is also Article 79, first paragraph , applicable.

  • 3 The previous paragraph shall apply mutatis mutandis if, in respect of another marriage prior to the date of entry into force of this Law, entitlement to a pension already existed under another scheme as referred to in Article 19 (2) of the EC Treaty. Law of 31 July 1957 ( Stb. 324), or entitlement to a pension under a provision equivalent to the first paragraph in other pension legislation.

  • 4 Entitlement of a pension under paragraph 1 shall not take place where application of the second paragraph or of the third member would result in a total amount of pension less than the amount of the pension already in existence.

  • 5 The request referred to in paragraph 1 shall be filed with Our Minister within five years from the date of entry into force of this Act.

  • 6 The pensions referred to in paragraph 1 shall enter into force at the date of the entry into force of this Law, on the understanding that, if the request is made more than one year after the date of entry into force of this Law, the Article 167, first paragraph , it has been done, it has not been earlier than one year before the first day of the month in which the request was made.


Article 88 [ Exchanges by 18-12-1992]

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Article 89

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  • 1 Upon request, an orphan's pension is granted to the child who has not yet reached the age of twenty-one years and has not been married or has been married that has had the right to a pension in such a way that the child has not been married. Articles 64 and 65 had been in force at the time of death to which they were able to obtain justice.

  • 2 [ Red: Expated.]

  • 3 The pension referred to in paragraph 1 shall enter into force at the date of entry into force of this Law, on the understanding that, if the request is made more than one year after the date of entry into force of the Article 167, first paragraph , was done, it did not earlier start than one year before the first day of the month in which the request was submitted.


Article 90. Calculation of the widows 'and orphans' pension (as set out in Chapter 12 (2))

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  • 1 The pensions granted to widows and orphans of members of the Chamber, former members of the Chamber or of retired Members of the Chamber, in so far as the right to a pension has not expired, shall be recalculated from the date of entry into force of this Act, in accordance with Article 67 Other Article 70 , subject to the requirements of the Articles 72 and 73 , if this is more advantageous for stakeholders. In recalculation, a benefit as referred to in point Article 51 -benefits included in the Act of 31 July 1957, Stb. 324.

  • 2 The provisions of Article 85 shall apply mutatis mutandis to the pensions granted or to be granted to widows and orphans of members of the Chamber, former members of the Chamber or of the retired Members of the Chamber, who have resigned or died before 1 January 1969.


Article 90a. (belongs to Chapter 12 )

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  • 1 In the case of, or under general management, detailed rules may be laid down on the determination of the survivor's pension, special survivors ' pensions, the orphan's pension and the temporary pension in connection with the entry into force of the pension scheme. The Pension Age Adjustment Retirement Age Appa .

  • 2 These rules shall respect the conditions and ceilings established by the Commission. Act on payroll tax 1964 In the case of a partner pension and an orphan's pension based on an intermediate wage scheme.


Article 91. Retirement pension (belongs to chapter 13)

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For the period of five consecutive years referred to in Article 75 The period before the date of entry into force of this Act, during which the recovery of the pension has not been completed shall be counted.


Article 92. Overlapping of pensions (belongs to chapter 14)

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  • 1 Pensions, in respect of which Article 10 or 19 of the Law of 31 July 1957, Stb. 324, application has been found, without prejudice to the Articles 93 and 94 as they established at the time of entry into force of this Act and subject to the following paragraph, with effect from the date of entry into force of this Act or the later date on which they entered, laid down without the in the former Articles of the abovementioned restriction.

  • 2 The detailed arrangements referred to in the preceding paragraph shall be carried out in such a way that not actually at the same time as the member of the Chamber is co-added to the calculation of the pension at which the maximum amount of the pension is to be paid. In the case of application of the preceding sentence, a pension shall also be defined as a pension under any other scheme as referred to in Article 1. Article 79, second paragraph .

  • 3 The foregoing paragraphs shall apply only if, as a result, the sum of the pensions is more than it would have been, if the provisions in force on the day prior to the entry into force of this Act have been in force would have remained applicable. Where, by virtue of the preceding sentence, no further award of pensions takes place, the total of the pensions shall be Article 105 applicable.


Fourth department. Common provisions relating to pensions referred to in the second and third sections

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Chapter 16

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Article 93. Own pensions [ Versions per 15 -08-2001]

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Article 94. Survivors 'and orphans' pensions [ Expandable by 15 -08-2001]

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Chapter 17. Aggregation of pension and general pension on the period of service before 1 January 1986

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Article 95. Definitions

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  • 1 For the purposes of this Chapter, the following definitions shall apply:

    • a. a pension: a pension or part of a pension to the extent that, calculated on time before 1 January 1986, granted or is deemed to have been awarded under the Second and Third Section of this Act, with the exception of the transitional payment referred to in Article 4 of the third section of the Pensions Act 1963;

    • b. a general pension:

      • 1st. A gross retirement pension as referred to in the General Old-age Law , including the accompanying holiday benefit, to the extent that it does not belong to the death allowance under that law;

      • 2nd. a survivor's benefit, and an orphan's benefit under the General Survivors Act ;

      • (3rd) a pension awarded under a legislation of Aruba, Curaçao, Sint Maarten, a foreign power, or under a statutory scheme which applies only to the public entities Bonaire, Sint Eustatius and Saba of Curaçao. is to be applied and according to its nature and its nature corresponding to a general pension as defined under 1st or 2e;

    • c. an interested party: the person entitled to a pension.

  • 2 For the purposes of this paragraph, the general pension of the person who has reached pensionable age shall be entitled to the general pension to which his spouse is entitled, unless the married couple is permanently retired. is alive. For the purposes of application of the preceding sentence, the person responsible for the application of the General Old-age Law is the spouse of the party concerned.


Article 96. Full-orphan's pension

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The pension to which two or more of the full orphans are entitled, if granted as a unit, shall, for the purposes of this Chapter, be deemed to have been awarded to each of the said orphans of an amount equal to that pension divided by their number.


Article 97. Total amount of construction

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  • 1 For an interested party who is also entitled to a general pension, the part thereof which may be deemed to be related to a period of time corresponding to the period of service, to which his pension is or is deemed to be calculated, shall be regarded as having been calculated. maximum of 40 years, to be part of the amount of his pension, subject to the following:

    • (a) in so far as the period of service of 3,5 per cent per year of pension is applicable, the period of service shall be multiplied by 2;

    • (b) In so far as the service is subject to a pension of 0.875 per year, this period of service shall be multiplied by 0,5.

    The part described in the preceding sentence shall be referred to as the amount of the construction.

  • The amount of the sum is calculated on the basis of the amount of the general pension, as at 1 January of the year in which entitlement to a retirement pension, survivor's pension, special survivor's pension or orphan's pension is created.

  • 3 If the amount of the general pension is changed on the basis of personal circumstances, the pension base shall be recalculated. The recalculated pension shall take effect on the same day as the change to which it has been granted. If the recalculation leads to an increase in the pension, that increase shall not be earlier than one year before the first day of the month in which the person concerned has been informed of the change in personal circumstances or in which the person concerned has of its own motion.

  • 4 As regards him who already has the right to a pension at the time of entitlement to a general pension before him, the preceding paragraph shall apply from the first day of the month in which entitlement to a general pension is due. arose, or as much later as the pension has entered.

  • 5 On a survivor ' s pension, other than a pension as referred to in Article 17 or 62 That is derived from a pension to which the first paragraph applies in respect of the right to a general pension for married persons, that paragraph shall not apply earlier than from the first day of the month following that in which the pension is to be applied. Pension under the provisions of the Article 115, first paragraph -It ended.

  • 6 The amount of the sum of the amount of the sum of the amount of the sum of the general pension cannot be regarded as having an amount of the general pension, which may be deemed to relate to the period between the beginning of the period and the end of the period of service to which the pension is or is deemed to be calculated.


Article 98. Obligation to notify

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  • (1) If an interested party is to enjoy a general pension or the benefit of a general pension or a temporary benefit ceases, or if the amount of the general pension is amended on the basis of personal pension circumstances of him, his husband or his children, he is obliged to give notice to our Minister without delay.

  • 2 If an interested party does not make the notification provided for in the preceding paragraph without delay, a reduction in the amount of the amount of the amount of the amount of the construction shall not be earlier than one year before the first day of the month in which the notification was made or in which of its own motion. reduction in the amount of the total cost.


Article 99. General pension and service time

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For the application of Article 97 The following applies:

  • (a) The general pension shall be deemed to relate to the period between the dates of the commencement of the commencement date and the retirement age referred to in the Article 1 of the General old-age law except that if an interested party is entitled to a survivor's pension or an orphan's pension, the corresponding application shall be applied in relation to the person to whom the right to a pension is derived.

  • (b) The right to a general pension, which existed on the date on which the rightholder has died or since which he has been reported missing, shall be deemed to continue until the date of his pension under the provisions of the Article 115, first paragraph -It ended.

  • c. If a surviving entitlement has a survivor's benefit on the basis of Article 14, first paragraph, point (a) of the General Survivors ' Act But none of the children of which the next-existing entitlement to that survivor's benefit is entitled to a pension is based solely on the amount of the survivor's benefit, as referred to in Article 4 (1). Article 17, first paragraph, of the General Survivors ' Act .

  • d. [ Red: Expated.]

  • e. As a service time, only service time, situated between the times, on which the commencement date and retirement age, is intended to be used. Article 1 of the General old-age law has been reached.

  • f. The service time, to which a pension is calculated pursuant to Article 68, second paragraph, of the Pensions Act 1922, Stb. 240, as stated in this Article on 31 August 1956, of which, after the date of entry into force of that law, the wish to be granted is expressed as a wish to Article 38, first paragraph , up to a maximum of 2.4 years multiplied by 4.76.

  • g. A pension that is not calculated according to service time is considered to be calculated according to a service time of 40 years.

  • h. Service time, to which a pension is or is deemed to have been calculated and which has not actually been spent as a political office-holder, shall be deemed to be attached to the end of the duties to which the right to a pension is derived; as a result of which this period of service extends beyond the date on which the pensionable age is or would have been reached, that period of service shall be deemed to have been spent, as from that time, as far as possible during periods of time of retirement. interruption of the actual time spent as a political office-bearer and for the period Other immediately prior to the start of the period of service to which the pension is calculated.

  • (i) Of the period of service, the time taken to cover the amount of the general pension obtained by a voluntary premium payment under the general pension shall not be taken into account. Article 45 of the General old-age law and Chapter 5 of the General Survivors Act .

  • j. The holiday benefits, intended in the General Old-age Law and the General Survivors Act , shall be deemed to be paid in a similar manner to the general pension in instalments.


Article 100. Married woman with a right to a pension

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If the person concerned is a married woman, for the purposes of the application of Article 97 -based on the general pension for an unmarried pensioner.


Article 101. Reduction of amounts to be paid in the event of aggregation of service time

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  • 1 If an interested party is more than a pension or is deemed to have been granted a pension, and the period of service to which those pensions are or are deemed to be calculated is calculated in whole or in part, the sum of the amounts of the sum of the amount of the sum of the sum of the sum of the sum of the sum of to the extent that they can be deemed to relate to a time corresponding to the corresponding service time-not the amount of the general pension which may be deemed to relate to a time corresponding to the corresponding meeting of the same type of service service time.

  • 2 Where an overrun as referred to in the preceding paragraph is to be found, the amount of the amount of the total amount calculated for each pension, in so far as it relates to the periods of employment referred to in the preceding paragraph, shall be reduced to such a part of the amount of the general pension referred to at the end of the preceding paragraph, if each amount of the amount of the sum is to be fixed up to the sum of those amounts.

  • 3 If the sum of the total amounts, even after application of the preceding paragraph, exceeds 80% of the general pension, such overrun shall be deducted from each amount of the total amount of the sum of the amount of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of amounts shall amount to the sum of the amounts.

  • 4 If a person is or is deemed to have been granted a pension and is also entitled to a pension under another scheme as referred to in the following paragraph, or for the purposes of the provisions of that chapter corresponding to that chapter The previous members shall, for as far as possible, be deemed to apply mutatis mutandis.

    The provisions of the preceding sentence shall apply except that, in the case of pensions granted under a military pension law, the period of service for the purposes of this Article shall not be the period of service of the service which, under the provisions of that law, is to be determined by four per Mr President, Mr President-in-office of the Council.

  • 5 A pension under another scheme as referred to in the preceding paragraph is defined as a pension payable by the Dutch Treasury, other than by virtue of statutory guarantees or from the obligation to pay, Dependants of Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, from a public law body in the Netherlands or in the said countries, or to a charge by public authority in the Netherlands, in that country countries or funds set up in those public bodies.

  • 6 At the request of the party concerned, this Article shall be applied in accordance with the provisions of this Article where one or more pensions are or are deemed to have been granted to his spouse, either under this law or under any other scheme as referred to in the Fifth member. Article 102, second paragraph , mutatis mutandis, shall apply mutatis mutandis.


Article 102. Reductions in the amount of a reduction in private pensions

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  • 1 At the request of the person who demonstrates that his right to a general pension is a reduction of any other pension than that of the Article 101, fifth paragraph , the amount of that reduction shall be deducted from the amount of the total amount to be deducted as far as possible. The preceding sentence shall apply only in so far as it relates to time which is or may be regarded as being at the same time as the relationship in question. A place shall be assigned to service time not actually spent in service or as a political office-holder in accordance with the provisions of the Article 99, part h .

  • 2 The reduction in the amount of the amount of the amount referred to in the preceding paragraph shall begin on the day on which the situation referred to in that paragraph occurred, on the understanding that it does not earlier than one year before the first day of the month in which it is to be The request was lodged.

  • 3 Where the first paragraph applies, in the case of more than one pension, the amount of the reduction referred to in that paragraph shall be deducted from the amount of the amount of the sum referred to in that paragraph in proportion to the amounts covered by that paragraph.

  • 4 If the sum of the amount of the sum and the reduction of the other pension, even after application of the other provisions of this Article, exceeds 80% of the general pension, the excess shall be to be deducted from the amount of the sum of the sum of service, in the ratio in which the service to which the pension, to which the sum referred to is referred, is or is deemed to have been calculated, is calculated as a total of the service times.

  • 5 This Article shall apply mutatis mutandis if a reduction is made by any pension other than that of the Article 101, fifth paragraph , awarded to the spouse of an interested party.


Article 103. Reckoning

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If a general pension is granted or revised over a period for which a pension has already been paid and, as a result, too much of the pension has been paid, the social insurance bank may benefit from the overpaid pension for the benefit of the body. The amount of the pension is payable on the general pension in so far as it relates to the same period.


Article 104. Peace of mind

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The provisions of this Chapter shall not apply in respect of those who, on the basis of objections, do not exercise their right to a general pension, on the understanding that they shall, as far as possible, apply mutatis mutandis with regard to those of the same Member State, who are entitled to benefits as referred to in the Article 48 of the General old-age law .

Chapter 18. Provisions of an administrative nature

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§ 1. Financial provisions

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Article 105

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  • 1 A pension on the basis of the Second or the Third Section This law, including the amounts of the construction and franchise, is adjusted each time in accordance with an adjustment to a general salary change, from a pension of a pensioner in the sense of the person concerned. Privatization of ABP who has worked in the Empire sector.

  • 2 If a retired State worker is awarded a one-off benefit as referred to in the first paragraph, the person entitled to a pension, as referred to in that paragraph, shall be granted in accordance with a one-off benefit.

  • 3 Our Minister shall lay down rules for the application of the first and second members. These rules shall, if necessary, return to and including the date on which a pension adjustment is entered into or entitlement to a one-off benefit has been granted.


Article 106. Deductions

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  • 1 To the competition of the Minister and to the indemnity of the member of the Second Chamber of the States-General, including the possible increase as a group chairman, intended to be held in the Article 12, first paragraph, of the Compensation Act Members Second Chamber , and including any stipend as chairman or vice-chairman, intended to Article 11, first and second paragraph, of the said Act shall be withheld, in accordance with rules to be laid down or under general management, in accordance with the deductions from the salary of the person belonging to the public service staff in respect of claims in the case of unemployment, illness, disability, old age and death. Article 13d shall apply mutatis mutandis to the deductions made and compensation in respect of claims of old age and death.

  • 2 The distribution of the former Minister or the former member of the Chamber shall, according to the rules applicable to or under general provision of management, be held in accordance with the deductions of amounts as referred to in the first subparagraph of this Regulation. First member, on unemployment or incapacity benefit, on the basis of a scheme for public servants.

  • 3 No inaction of amounts in respect of claims for old age and death shall be made where time does not count as retirement service and benefits provided in the Articles 8a and 53a , as well as on a benefit during the time when the person concerned is a member of 55% or more of a general incapacor.


Article 107

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  • 1 Upon application by a former Minister or a former Chamber member, the State shall transfer the value of the pension claims acquired by the applicant under the second or third sections of this Act, in accordance with the provisions of the Pension Act on the transfer of value.

  • 3 The value of pension claims acquired under a right to benefit in respect of dismissal or resignation shall be counted as the value of the pension claims referred to in the first paragraph. To the extent that the value of the pension claims under the right to benefit is not taken into account in the transfer of value, this value is transferred to benefit after the right to benefit is determined in the same way as is provided for in the period of payment of the pension. First member.

  • 4 For the application of the Pension Act the State shall be considered to be an overbearing pension exporter for the purposes of this Article.

  • 5 Our Minister may, in agreement with our Minister of Social Affairs and Employment, lay down rules on the value transfer of pension claims made by a minister or a chamber member.


Article 108

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  • 1 Upon application by a Minister or a Chamber Member, the State shall be obliged to use the value of pension claims accrued by the person concerned for the acquisition of pension claims under the second or third sections of this Act respectively. This value transfer shall be effected in accordance with the conditions laid down in the Pension Act are put to a receiving pension executive with respect to the transfer of value of accrued pension claims.

  • 2 The transferred pension claims are regarded as claims under the Second , respectively Third Section of this law and treated as a whole with the claims that the minister or the chamber member obtains under the Second Respectively Third Section of this law.

  • 4 For the application of the Pension Act the State for the implementation of this Article shall be deemed to be a receiving pension exporter within the meaning of that Act.

  • 5 Our Minister may, in agreement with our Minister of Social Affairs and Employment, lay down rules on the value transfer of pension claims made by a minister or a chamber member.


§ 2. Application and grant of pension

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Article 109. Grant pension; advance payments

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  • 1 Our Minister decides on the granting of a pension on request by or because of the person concerned.

  • 2 Our Minister is empowered to grant a pension of his own motion.

  • 3 Our Minister has also been empowered to grant an advance on a pension.


Article 110. Pension Decision

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A decision granting a pension shall fix the period of service of the pension and the amount on which the pension is calculated.


Article 111. Exemption from document duty

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The documents that our Minister considers necessary for the application of this paragraph are free of duty.


§ 3. Entry and end of pensions

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Article 112. Direct pension

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The pension shall begin on the day on which the right arises, except that it shall not be earlier than one year before the first day of the month in which the application was submitted or in which the order of its own motion was made.


Article 113. Survivors 'and orphans' pensions and temporary pensions

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  • 1 The survivors 'and orphans' pensions shall enter the day following the date of death of the person to whom it is derived, subject to the conditions of Article 112 is applicable mutatis mutandis.

  • 2 The temporary retirement pension goes in with a day to be determined by Our Minister.


Article 114. Entrance restored pension

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When a right to a pension is reinstated in whole or in part, the pension shall be retired by the first day of the month in which the recovery took place.


Article 115. End of Retirement

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  • 1 Each pension shall end with the end of the month in which the rightholder has died. In the event of the loss of the rightholder, the pension shall end with a day to be determined by Our Minister.

  • 2 The temporary retirement ends when the missing person turns out to be alive, with a day to be determined by Our Minister.

  • 3 A pension to which the right is Article 29 has been declared void, ends with the end of the month in which the decision on revocation has been taken.

  • 4 The orphan's pension shall end with the end of the month in which:

    • a. The person entitled has reached the age of 21 or, having not reached the age of twenty-one years, has entered into marriage or is a party to a notification; or

    • (b) A person other than the person whose death is derived from an orphan's pension shall be established in relation to the parent entitled 'Parenting'.


Article 116. Survivor's benefit

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  • 1 As soon as possible after the death of a retired minister or chamber member, his/her descendants, of whom he was not living permanently divorced, shall be granted a benefit, amounting to the pension of that Minister or of that Member, of a pension period of two months (survivor's benefit). In the absence of an existing person whose deceased person was not living in a lasting way, the benefit for minor children to whom the deceased person was in family law is effected, or minor children on whom the deceased person was deceased person was wearing foster parental care. Foster parental care means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that.

  • 2 If the deceased pensioner does not comply with the relations referred to in the preceding paragraph, the amount referred to may be paid, in whole or in part, by Our Minister for the payment of the costs of the last illness and of the funeral services, if the deceased's estate for the payment of such costs is insufficient.

  • 3 For the purposes of this Article, 'pension' means the amount to which the deceased person was entitled, where appropriate, after application of the Chapter 17 .


Article 117. Recovery

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  • 1 If more pension is paid than corresponds to Article 115 , it is recovered too much to the extent that it can be reckoned with a benefit under the Article 116 .

  • 2 If a missing person is found to be alive, this may be temporary pension and benefit in the form of a Article 116 , paid to be recovered.


§ 4. Payment of pensions

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Article 118. Monthly payment

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  • 1 Our Minister is responsible for the payment of pensions. Payment shall be made in monthly instalments.

  • 2 In the case of a general measure of administration, we shall lay down rules on the manner and conditions of payment. In so doing, we may also arrange for the payment of certain pensions for periods of more than one month.


Article 119. Pension payment without authorisation to a pensioner other than pensioner

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  • 1 If a pensioner is included in an establishment for the care of the mentally ill or of the mentally retarded or is not included in such a device, on the grounds of mental illness, it is not in a position to grant discharge to the institution of the payment of pension, our Minister is empowered to pay the pension to a person or institution to be designated by him. In other special cases to be designated by him, our Minister shall also be empowered to pay the pension, rather than to the pensioner, without his or her authorization, to pay the pension to a person or institution to be designated by him.

  • 3 Where the preceding paragraph applies, the power referred to in paragraph 1 shall cover the part of the pension not paid out to the institution referred to in the second paragraph.


Article 120. Decline of pension funds

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  • 1 Our Minister shall no longer pay the instalments of a pension if they are not recovered within two years from the end of the period for which they are due.

  • 2 If, in the opinion of our Minister, the person concerned cannot reasonably be deemed to be at fault, the previous paragraph shall not be applied.


§ 5. Appeals and review

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Article 121. Occupation

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Acts implementing this Law, with the exception of: Section 5 -To be taken by our minister.


Article 122. Revision, modification and recovery

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  • 1 Our Minister shall review a decision taken by him if:

    • (a) that decision is based on a de facto inaccuracy of the judgment;

    • (b) following that decision, it appears that other facts need to be based on that decision.

  • If, after a decision of Our Minister, the facts which have been taken into account in that decision have changed in such a manner, that decision would be different if it were to be taken, our Minister shall make the decision, taking into account keeping with the amended facts.

  • 3 Our Minister recovers a decision taken by him regarding grant-included adaptation in accordance with Article 105 -, revision, modification or validation of a pension, if it is not correct, other than that of the previous members.

  • 4 If five years have passed after the day drawing of a decision which is valid in accordance with the previous paragraphs for revision, alteration or restoration, Our Minister may leave those members out of application.


Article 123

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  • 1 A review decision, a change decision, and a recovery decision shall state the day of entry into force. In the event of a revision decision, this day shall be the same as the one on which the revised decision has entered into force, unless a later date is determined.

  • 2 A revision decision shall not result in the recovery or recharge of sums already paid, unless the person concerned reasonably has had to understand that he was paid too much.

  • 3 A change decision shall result in only the recovery or recharge of sums already paid if the person concerned, although any provision of that law requires him or reasonably be expected to do so, has failed to comply with the amendment. Our Minister ' s announcement to make a change in the facts.

  • 4 By way of derogation from the previous two members and without prejudice to: Article 117 The Secretary of State shall be responsible for the recovery or reckoning of any sums unduly paid, if the decision for revision has been taken by the Minister within four months following the date of the revised decision, Within four months after our Minister has received notice of change in the facts.

  • 5 Recovery of a decision, as intended Article 122, third paragraph , within four months of the day drawing of the reinstated decision, the recovery or netting of too much sums paid shall be recovered or recharged. The recovery of a decision as referred to in the preceding sentence, after the period specified above, shall be recovered or recharged only in respect of sums unduly paid if the person concerned had reasonably had to understand that he is too much was paid out.

Chapter 19. Transitional provisions

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Article 124. Overlapping of pensions referred to in the second and third divisions and overlapping of one or more of those pensions with a pension under another scheme (is to be found in Chapter 16)

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  • 2 With regard to pensions referred to in paragraph 1, Articles 11 and 20 shall be maintained until the date of the preceding paragraph of this Article. A of the Law of 1 August 1956, Stb. 455, and Articles 10 and 19 of the Law of 31 July 1957, Stb. 324, applicable.

  • 3 As from the date referred to in paragraph 1, the pensions referred to therein shall be recalculated in accordance with the conditions laid down in the preceding paragraph: Articles 93 and 94 and an allowance shall be granted to the amount of the difference between the amount of the pension granted and the amount of the recalculated pension. On this allowance, which is for the application of Chapter 17 and of the Articles 118 and 119 is counted as a pension, increases in those pensions after the date specified in the previous sentence shall be deducted.


Article 125. Overlapping of pension and general pension (is in Chapter 17)

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By way of derogation from the provisions of Article 97 and without prejudice to the provisions of Article 99 (e) , for the purpose of calculating the amount of the total sum, no multiplication of time, situated before the date of entry into force of this Act which is taken into account for the purpose of calculating a pension.


Article 126

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  • 1 For the purposes of this Act, the transitional payment shall be granted under Article 4 of the third section of the Pensions Act 1963, which shall be deemed to have been granted under this Act.

  • 2 From the day preceding that of the day preceding that of the entry into force of the Pensions Measures, 1963, entitlement to a lower amount of general pension, as referred to in Article 4 (1) of the Treaty. Article 95 whether or not the right to a general pension is to lapse or be entitled to a higher pension other than that under which it is entitled to Article 105 the transitional payment shall be established or reduced in such a lower amount as if the circumstance which had been amended had already been present on the latter day.

  • 3 The transitional payment relating thereto shall be regarded as a unit to which the legal provisions relating to the pension are applicable mutatis mutandis, with the exception of: Article 105 and from Chapter 17 .


Article 127

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  • 1 At the request of the widow, who shows that an interest or benefit referred to in Article 19 (2nd) of the Accident Act 1921, Article 40 (2nd) of the Land and Horticultural Act, 1922, is the second paragraph of Article 2 of the Law of the Sea Accident. 1919, or such a benefit under the provisions of the Liquidity Act, including the applicable benefits and benefits other than those provided for under the Law Compensation Premium General Old Old Age Accident Interest Rate Remectors, is limited by virtue of the provisions of the Act of of her right to general widows 'pensions as referred to in the General Widows and Widows' An orphan's law shall be deducted from the amount of that limitation from the amount of the amount of the amount of the sum of the amount of Article 97 .

  • 2 If on the day when the application, referred to in the previous paragraph, received from our Minister, more than one year has elapsed after the condition referred to in the previous paragraph has occurred, the reduction referred to in that paragraph shall not be earlier than one year. than one year before the first day of the month in which the request was lodged.


Provisions of an administrative nature

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Article 128. Payment AOW/AWW premium (belongs to chapter 18)

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The pensioner who is entitled to a pension under Article 6 of the Third Section of the Pensions Act 1963 shall be entitled to compensation in respect of the contribution of that pension on the day before the date of entry into force of this Act. Levy on General Old-age Law and the General Widows and Road Law, with the exception of the person on whom Article 108 It shall be entitled to a fee for that premium. The allowance shall be granted in such a way as to be indicated by a rupture, the numerator of which is 7,1 and the denominator is 10,2.


Article 129. Appeals and review

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By way of derogation from Article 122 revision of a decision referred to in that Article, taken with the application of the Articles 35 and 80 said laws no longer possible after five years have passed since the time of the entry into force of this law.


Fifth ward. Commissioners of the King, deputees, mayors, aldermen, and directors of waterboards

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Chapter 20. General provisions

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Article 130

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  • 1 This section shall apply mutatis mutandis to mayors and aldermen, except that it shall be read:

    • a. Member of Member States: Mayor or Alderman;

    • b. Province: municipality;

    • (c) provincial States: the Council;

    • d. Member States: the college of mayor and aldermen.

  • 2 This Section shall apply mutatis mutandis to Presidents and members of the Executive Board of a watership, subject to the understanding that:

    • a. Member of Member States: Member of the Executive Board of a watership, including the President;

    • b. Province: watership;

    • c. provincial States: the general governance of a watership;

    • d. Member States: the executive board of a watership.

  • 3 For the purposes of this section and the provisions based thereon, Member States shall mean the Commissioner of the King or the Member State.

  • 4 By way of derogation from the first, second and third paragraphs, the Chapters 22 to 29 does not apply to the Commissioner of the King, the Mayor, and to the President and members of the Executive Committee of the watership whose work is a daily task. For the purposes of Chapters 22 to 29, the following definitions shall apply:

    • a. Member of Member States who have been deputed: he who, by reason of a resignation, has a pension;

    • b. Retired Member of Member States: he who is entitled to a pension by reason of a dismissal;

    • c. wedde: wedded or retired Member of Member States on the day preceding the day on which he ceased to be a Member of the Member States, except in the case of a former or retired Member of the Member States of the Member States provision for that provision to the contrary;

    • ed. part time factor: a breakage of which the numerator is formed by the enjoyed wedded exclusively on the holiday benefit and the end-of-year allowance, and the denominator by the amount of the amount relent to an annual amount of which it is derived.


Article 130a

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This section does not apply to a deputed who has been appointed with application of Article 44b of the ProvincieAct .


Article 130b

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  • 1 Unless otherwise provided for in the following paragraphs, this Section shall apply mutatis mutandis to the State Representative, but shall be read:

    • a. Member of Member States of Member States: State representative;

    • b. Province: Rich;

    • c. provincial States: Our Minister;

    • d. Demogested States: Our Minister.

  • 2 In so far as it concerns the State Representative, we can, in special cases, hear the Council of State, by way of derogation from Article 132, sixth paragraph , determine, that the benefit will be continued for one, subject to observance of Article 136 fixed period of time, which can be extended in the same way.

  • 4 By way of derogation from Article 152, second paragraph The Court of State may, after hearing the Council of State, recover any right to a pension which is due to expire or as a result of the application of Article 152, paragraph 1.

Chapter 21. The benefit

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Entitlement to benefit

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Article 131

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  • 1 A member of the Member States shall be entitled to benefit from the province in which he acted as such, on the foot of the law, from the date of his/her resignation if he has not yet reached the retirement age. following articles.

  • 2 The first paragraph shall not apply:

    • a. if the person concerned so requests, or if he acts as a member of the Member States without interruption, unless he or she is a member of a lesser extent as such;

    • (b) if the person concerned has been deprived of his freedom.

  • 3 Unless the circumstances referred to in point (b) of the second paragraph have taken as long as or longer than the length of the benefit calculated from the date from the date of dismissal Article 132 The benefit will be granted as from the day when that condition no longer occurs, for the remainder of the period.


Duration of benefit

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Article 132

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  • 1 The benefit is granted for a period equal to the time in which the person concerned has been a Member of the Member States, but at least for two years and for the duration of three years and two months. If the person concerned has been a member of the Member State with one or more interruptions, the time during which he has been a member of Member States shall be taken into account during a period, as last before he ceased to be a member of the to be Member States in which its membership of the Member States has been suspended for up to a sixth part of that period.

  • 2 If, at the time of his resignation, the person concerned is five years or less away from the pensionable age applicable to him and in the preceding 12-year period, he shall be a member of the person who has been deputed for at least ten years In the case of a Member State, the benefits shall be continued until the retirement age.

  • 3 For the calculation of the benefit period referred to in paragraph 1 and for the 10 years referred to in paragraph 2, the time in which the person concerned has been a Member of the Member States shall be treated as the time in which he/she has held a post as mentioned in Article 2 (a), (b) and (d) . If the time referred to in the preceding sentence is referred to in the preceding sentence, interruptions in the exercise of these functions shall be taken into account in the second sentence of the first paragraph.

  • 4 By way of derogation from the first paragraph, the benefit shall be granted for a period of six months if the person concerned has been a member of the Member States who have been deputed for less than three months.

  • 5 In the case of the interim benefit of the benefit under Article 136, second paragraph, point (b) , the following benefit shall be granted at least until the date on which the said benefit, if it had not expired, would have ended.

  • 6 In special cases, provincial states may determine that the benefit is continued for a given period of time. Article 136 the period to be fixed, which may be extended in the same way.


Article 132a

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  • 1 The person concerned who is entitled to benefits as referred to in the Article 131 , is required:

    • a. A sufficient effort to find appropriate work;

    • b. accept the appropriate work offered;

    • c. to cooperate in activities conducive to his occupational integration.

  • 2 The person concerned shall not:

    • (a) by not acquiring appropriate labour by their own resources;

    • (b) give up appropriate work by its own allocation;

    • c. claims to impede the acceptance or acquisition of appropriate labour.

  • 3 The term 'appropriate work' means all work calculated for the forces and abilities of the person concerned, unless acceptance for reasons of physical, mental or social character cannot be required from him. Whether labour is appropriate is determined in any case by:

    • a. the nature of the work, in relation to the previously performed work, an occupation or work experience previously exercised;

    • (b) the level of training of the person concerned;

    • c. travel time to and from work;

    • d. the wage bid;

    • e. the unemployment risk.

  • 4 Deputed states shall be responsible for preparing, in consultation with the interested party, a plan for the targeted search and acquisition of appropriate work, which includes the activities necessary to comply with the Obligation referred to in paragraph 1 (a). A general measure of management shall lay down detailed rules on:

    • a. The parts of the plan;

    • b. any concession for the activities included in the plan other than guidance;

    • c. the requirements placed on the organisation drawing up the plan.

  • 5 This Article shall not apply to the person concerned which:

  • 6 This Article shall not apply during the first three months following the resignation of the person concerned.


Article 132b

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  • 1 In the case of a Member State, the person concerned shall be entitled to: Article 132a , commit and support, in the targeted search and acquisition of appropriate labour, planning and support.

  • 2 Deputised states shall provide the person concerned with a concession in the costs of planned counselling and support in the search for and acquisition of appropriate labour.

  • (3) The concession shall not exceed 20% of the last annual deputed contest intended for the period Article 133, second paragraph . Compulsory planned planning and support provided for in paragraph 1 shall be reimbursed in full.

  • 4 In the case of a general measure of management, rules shall be set about:

    • a. The application for compensation for costs;

    • b. the eligible costs for reimbursement;

    • c. the requirements placed on the organisation performing the planned support.


Article 132c

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  • (1) If the person concerned is a person of Article 132a or 132b Member States shall take all or part of the payment of the benefit in full or in part. The Member States shall be responsible for the taking into account of payments made with payments to the person concerned under this Act.

  • 2 In the case of a general measure of management, rules shall be laid down regarding the implementation of the first paragraph.


Amount of benefit

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Article 133

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  • 1 The allowance is for the first year of 80% and then 70% of the most recently as Member of the Member States of the Member States which were the Member States of the Member States.

  • 2 For the purposes of this Article, 'last' was 'bet' means the bet on which the person concerned was entitled on the day preceding the day on which he ceased to be a Member of the Member State or in the event of an observation of the would have had his office.

  • 3 If, in the salary of the staff members, we make a change, the most recent of those referred to in paragraph 1 shall be taken into account for the purpose of applying that paragraph from the date of commencement of the remuneration change in accordance with the conditions laid down in Article 3 (1) of the Treaty. the change has been modified.


Continuation of the invalidity benefit

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Article 133a

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  • 1 If the person concerned is partially or wholly invalid on the day on which the duration of the benefit ends, in whole or in part, Article 136 , the disability benefit continued at the foot of the year. Article 133b .

  • 2 General invalid, in whole or in part, within the meaning of that law, it is the person who, as a direct and objective medical practitioner, is wholly or partially unable to work with work which is healthy or persons, with similar training and experience, on the spot where he or she has performed or last performed, or in the vicinity thereof, usually earning with labour. The former shall be understood as all generally accepted labour to which the person concerned is capable of being able to work with his powers and abilities. This work does not include employment under a contract of employment as referred to in Article 4 (2). Chapter 2 of the Social Employment Act .

  • 3 When determining the degree of general invalidity, it shall not be taken into account if the person concerned can actually obtain the work.

  • 4 If, without reasonable grounds, the person concerned refuses to take part in a training or training required for him or does not sufficiently contribute to the achievement of a favourable outcome, the degree of general interest shall be determined Invalidity is considered to have been completed.

  • 5 In the case of general invalidity of less than 25%, the benefit is not continued.


Article 133b

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  • 1 The continuation of the benefit shall be as indicated in the second and third paragraphs, and then as indicated in the fourth and fifth paragraphs of this Article.

  • 2 The allowance is for a period as indicated in the third paragraph of which 70% of the Member States as a member of the Member States as a member of the Member State have been enjoyed, intended to be Article 133 In the case of general invalidity of 80% or more, 60% of the total invalidity of a general disability of 55% to 80% and 40% of those competing with a general disability of 25% to 55%.

  • 3 The period referred to in paragraph 2 shall not exceed, for the person concerned, at the time of the continuation of the benefit:

    • 58 years or older: six years;

    • 53 years or older: three years;

    • 48 years or older: two years;

    • 43 years or older is one and a half years;

    • 38 years or older is: one year;

    • 33 years or older is: half a year, and

    is less than 33 years: nil.

  • (4) The benefit shall be equal to a percentage of the difference between the last as a member of the Member State, at the end of the period determined in accordance with paragraph 3, by a percentage of the difference between the last Member of the Member State. States enjoyed, intended in Article 133 And the minimum wage.

  • For the calculation of the amount referred to in paragraph 4, a percentage of two times the number of years elapsed between the 15th year and the age of the person concerned at the time of continuation of the benefit.

  • 7 The person concerned is entitled to a supplement to the benefit, if the benefit is less than the percentage of the last Member of the Member States as a member of the Member States as a member of the Member State.

  • 8 The supplement shall be equal to the amount necessary to increase the benefit to the percentage of the last Member of the Member States as referred to in paragraph 7 of this paragraph.

  • 9 By way of derogation from the eighth paragraph, the supplement shall be equal to the amount necessary to increase the benefit to the percentage as indicated in the 10th paragraph of the last Member State of the Member State which was last enjoyed, if the person concerned was concerned. has made the choice for a reduction in the deduction due to Article 160, first paragraph .

  • 10 The rate referred to in the ninth paragraph shall be at least 80% or more than 65%, in the case of general invalidity, from 55% to 80%: 56% and general invalidity from 25% to 55%: 37%.

  • 11 In the case of the general measure of governance referred to in Article 160, first paragraph , rules shall be laid down regarding the reduction referred to in the ninth paragraph. Rules on the basis of Article 8b, 11th paragraph , shall apply mutatis mutandis to the choice referred to in the ninth paragraph.

  • 12 If the benefit to be paid as a result of general invalidity, together with income, is intended to be Article 134 , less than the minimum wage, the benefit is raised to the minimum wage. The increase shall not exceed the difference between the amount of the benefit and the amount derived from it and no more than 30% of the minimum wage.


Article 133c

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  • 1 The continuation of the benefit provided for in Article 133a It shall be made at the request of the party concerned and for periods of no more than three years, without prejudice to the revision or withdrawal of the benefit provided for in this Act.

  • 2 Member States shall inform the person concerned in writing of the possibility of making an application for the continuation of the benefit at the end of the period referred to in the first paragraph not later than four months before the expiry of the period referred to in the first paragraph. that period.

  • 3 An application as referred to in paragraph 2 shall be made by the party concerned not later than three months before the expiry of the period referred to in the first paragraph.

  • 4 If Member States do not decide on a timely application as referred to in paragraph 3, the benefit shall be continued until the date of the decision on the application.

  • 5 An application as referred to in paragraph 2 shall be deemed to have been lodged in good time if the Member States have not delivered the notification referred to in paragraph 2 or if, in the event of a subsequent notification as referred to in the second paragraph, the application shall be submitted within one month of receipt of the notification.

  • 6 If the benefit is continued after the period referred to in the first paragraph, the benefit shall be calculated in accordance with the conditions which would have been applicable if that period had not expired.


Article 133d

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  • 1 Within one year from the date on which the benefit is first applied Article 133a continue, have the Member States set up a survey to see if there are grounds for revision or withdrawal of benefit due to grounds having an impact on the degree of general invalidity.

  • 2 Provisions on the basis of Article 8d, second paragraph , shall apply mutatis mutandis to the examination referred to in the first paragraph.

  • In the case of amendments to the Member States, the Member States shall, of its own motion or at the request of the party concerned, amend the amount of the benefit if the degree of general invalidity is changed

  • 4 An amendment to the amount of the benefit goes to:

    • (a) where an application has been submitted, as from the first day of the month following that in which the application was made;

    • (b) if the change is of its own motion, starting on the first day of the month following that in which the decision has been taken.

  • 5 The application of Article 133a shall be terminated in respect of an interested party if and as long as he does not comply with an invitation by the Member States to submit to an examination by one or more doctors designated by them in order to answer the question; or There is still general disability.

  • 6 Where the person entitled to benefits for the benefit of general invalidity benefits from or is entitled to employment income from or in connection with employment, the Member States shall have jurisdiction as long as it is not established whether such employment or employment is intended to be the labour of Article 133a, second paragraph , it may be regarded as not to revise or withdraw the benefit. Application of the first sentence shall not exceed a continuous period of three years, beginning on the first day for which income from or in connection with work is enjoyed in the first sentence. This period shall be deemed not to have been interrupted if less than one month no income from or in connection is received. At the end of the period referred to in the second sentence, the period of employment referred to in the first sentence shall be regarded as "work". Article 133a, second paragraph .


Article 133e

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  • 1 At the request of a Member of the Member States, provincial States shall carry out an inquiry, by one or more doctors designated by them, in order to answer the question whether the Member of the Member States of the Member State which applied for such a request was generally invalid. is referred to in Article 133 A , second paragraph .

  • 2 Provincial States shall notify the applicant of the outcome of an investigation as referred to in the first paragraph.


Income from or in connection with labour or business

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Article 134

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  • 1 The income enjoyed by the person concerned shall be determined in accordance with the rules of the Income Tax Act 2001 and are credited with the benefit in respect of the month on which such income relates or may be deemed to be related.

  • 3 For the purposes of the application of the preceding paragraphs, the following shall be regarded as income:

    • a. income for activities referred to in paragraph 2 taken by the party concerned within one year immediately prior to the date of resignation;

    • b. the income received from a relationship in which he had been placed on non-activity during his term of office as a Member of the Member States;

    • c. the fixed fee enjoyed as a member of provincial states.

  • 4 If, on or after the day referred to in the second paragraph, income or higher income, other than general wage increases, accrues from activities referred to in paragraph 2 taken for the day of resignations, where other than those referred to in the third paragraph, the provisions of the first paragraph shall apply in respect of such revenue or higher income.

  • 5 The reckoning referred to in paragraph 1 shall be so as to reduce the benefit by the amount by which the benefit plus such income is exceeded, the last benefit of which is derived from the benefit. The payment shall be made on the basis of the payment for the amount of the benefit. Article 132c, first paragraph ............

  • 6 Under the income referred to in the preceding paragraphs, the term 'family allowance' and 'compensation for the premium' shall not be taken as a result of the General Old-age Law and the General Survivors Act , which is or may be deemed to be in that income. The preceding sentence shall apply in respect of the premium compensation only to the extent that the income referred to therein relates or may be deemed to relate to a period of time before 1 June 1985.


Article 134a

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  • 1 The person concerned is obliged to take up any of the activities referred to in the Article 134, second paragraph , forthwith communication to the Member States concerned, giving, as far as possible, the revenue which it will withdraw from those activities. If the income is not to be given in advance, he shall declare the income in good time before the publication of each delay period, which he has enjoyed since the activities or the previous task. Requirements referred to in Article 9a, first paragraph, third sentence , shall apply mutatis mutandis.

  • 2 Implies the nature of the activities or the income, that the income must be calculated over a longer period, the declaration shall be made accordingly and the benefit shall be reduced by a reduction of a provisional fixed amount. amount subject to settlement at the end of the event set out in the same period. With respect to this netting Article 134 the longer-term referred to in the previous sentence, rather than the month of each month, shall apply.

  • In fixing the amount of the reduction in the list of interested parties, the Member States have been deputised for that purpose.

  • 4 The person concerned who has been granted benefit shall, by accepting the benefit, be deemed to agree that all those who are eligible for the award of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit of the benefit specify which is necessary for the implementation of this Chapter.


Payment

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Article 135

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  • 1 The allowance, calculated in one month, shall be paid in monthly instalments.

  • 2 The benefit is not paid as long as the person concerned does not meet or does not meet his obligations under his or her obligations under the conditions of Article 134a .


End and lapse of benefit

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Article 136

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  • 1 The allowance shall end with effect from the day following that on which the person concerned died.

  • 2 The benefit is due to lapse:

    • (a) from the day on which the person concerned reaches the pensionable age;

    • (b) from the day on which the person concerned is again a member of the Member States whose benefits are to be paid in the province, unless he or she is concerned as such to a lesser extent than that of the abdication of the pension to which he derives the right to benefit;

    • c. when, during the duration of the benefit, the circumstance occurs, Article 131, second paragraph, point (b) . Once that circumstance no longer occurs, it shall be applied mutatis mutandis.

  • 3 The allowance may be revoked in whole or in part if the person concerned has, on several occasions, not or does not meet his obligations under his or her obligations under the conditions laid down in Article 3 (1) Article 134a .


Death grant

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Article 137

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  • 1 As soon as possible after the death of the person concerned, the widow or widower shall be paid an amount equal to the benefit, if necessary, plus the family allowance for the first and second child to whom the person concerned is responsible for the benefit of the person concerned. General Child by-entry law was entitled to the day of death, over a period of three months.

  • If the deceased person is not a widow or widower, the benefit of the amount referred to in paragraph 1 shall be paid for the benefit of the minor children to whom the deceased person was in family law, or minor children on whom the deceased person was the deceased was in custody at the time of death the foster parental care. Foster parental care means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that. In the absence of such children, the benefit of the amount referred to in paragraph 1 shall be paid if the deceased was the breadwinner of parents, children, brothers or sisters, for the benefit of those relations.

  • 3 If the deceased person does not have any relations as referred to in paragraphs 1 and 2, the amount referred to therein shall be paid in whole or in part for the payment of the costs of the last illness and of the funeral of the body, if the deceased person is the payment of such costs is insufficient.


Article 137a. Observation

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  • 1 This Chapter shall apply mutatis mutandis to the person covered by Article 76, first paragraph, of the Provincial Law , or under Article 78, first paragraph, of the Municipal Act The office of Commissioner of the King and the office of Mayor for more than 30 days without interruption has been observed. For those who resign as an observer, the duration of the benefit is, in part, by way of derogation from the Article 132 , always equal to the duration of the observation. The benefit is payable according to Article 133 the applicable percentage of the observer shall be reimbursed and adjusted in accordance with the third paragraph of that Article.

  • 2 By way of derogation from Article 131 the allowance payable by the province or the municipality after the observation is waived under paragraph 1 of Chapter VII of the State budget.


Article 137b. Benefit after reclassification

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In the event of the dismissal of a mayor due to the removal of the municipality, the benefit of the benefits provided for in Chapter VII of the State budget is payable.

Chapter 22. The own pension

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Article 138. The right to own pension

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The Articles 13 to 14 shall be applicable, mutatis mutandis, to the own pension of a member of the Member States, subject to the understanding that the Member States shall replace our Minister.


Article 138a. Amount of own pension per year as a member of Member States [ Expr. per 27-07-2013]

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Article 138b [ Verfalls per 27-07-2013]

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Article 139. Pension base time for 1 January 1986; general pension [ Vertraps per 27-07-2013]

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Article 139a. Pension basis time between 31 December 1985 and 1 January 1995 [ Expandes per 27-07-2013]

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Article 139aa. Pension base time after 31 December 1994 [ Expestablished per 27-07-2013]

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Article 139b [ Expired by 27-07-2013]

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Article 139c. Conjoined service of spouses between 31 December 1985 and 1 January 1995 [ Expandes per 27-07-2013]

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Article 139d. Provision of information [ Expat per 27-07-2013]

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Chapter 23. Survivors 'and orphans' pensions

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§ 1. Entitlement to pension

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Article 140. Survivor's pension

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  • 1 The next-door of a member of the Member States, former Member of the Member States, or a retired Member of the Member States, is entitled to a pension.

  • 2 By way of derogation from the first paragraph, no entitlement to survivors ' pensions shall be:

    • a. If the marriage is closed after the pensioner has reached the retirement age of the Member States of the Member States;

    • (b) in the event of the death of a former Member of the Member States before the pensionable age is reached, in so far as the deceased person's pensionable time is due to the date of 31 July 2003;

    • (c) in the event of the death of a retired Member of the Member States, to the extent that the deceased's pension valid time is situated after 30 June 1999 and the choice is made in accordance with Article 13f in connection with Article 138 .

  • 3 For the purposes of paragraph 2, the former Member of the Member States shall not be the former Member of the Member States whose Member States are entitled to benefits as referred to in Article 3 (1) of the Treaty. Article 131 .


Article 141 (Expr. by 18-12-1992)

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Article 142. Special survivor's pension

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  • The province is to be entitled to a special survivor's pension to the wife or man with whom a member of the deceased, a former member or a retired member of the Member State has been married, provided that:

    • a. he or she would have been entitled to a survivor ' s pension if the member, former member or retired member of the Member States deputed on the day of the judgment, in which the divorce or dissolution of the marriage was pronounced, would be deceased; and

    • b. the under A on the date of the entry into force of the Law revision of the divorce law and the divorce or dissolution of the marriage was not pronounced in application of the law applicable to that date.

  • 2 The first paragraph shall apply mutatis mutandis to the wife or man whose notification has ended, provided that he or he is entitled to a survivor's pension, if the member of the Member States of the Member States, the former member of the Member of the Member of the Member of the Member of the Member State of the Member States or retired Member States of the Member States on the day of the end of the notification would have died.

  • 3 By way of derogation from the first and second paragraphs, there shall be no entitlement to special survivors ' pensions:

    • a. if the Member of the Member States, former Member of the Member State or retired Member of the Member States, and the relevant wife or man agreed to a prenuptial agreement, with a view to the end of the term of the marriage or notification, and the consent of the depostied States;

    • (b) if the wife or man referred to in subparagraph (a) as a result of remarriage or notification by the same member of a Member State is entitled to a survivor's pension because of his death;

    • (c) in the event of the death of a Member of the Member States or former Member of the Member States whose retirement age is the pensionable age, to the extent that the deceased person's pensionable age is situated after 31 July 2003;

    • d. in the event of the death of a retired Member of the Member States, to the extent that the deceased's pension valid time is situated after 30 June 1999 and the choice is made in accordance with Article 13f in connection with Article 138 .


Article 143. Orphan's pension

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  • 1 The province is hereby entitled to an orphan's pension to:

    • a. the children, of whom the child dies as a member, former or retired Member of the Member States, who have not yet reached the age of twenty-one years and who have not been married or have been married or have not been party or have been a party in the case of a notification, provided that they have been born or adopted before his resignation or in the period in which he is entitled to benefits in respect of the resignation;

    • b. The children in relation to whom a member of the Member State, former or retired, is a debtor at the time of his death; Article 394 of Book 1 of the Civil Code or Article 394 of Book 1 of the Civil Code BES had been imposed, or recognised by him in the form of an authentic instrument, under the same conditions as listed in the Annex A , and

    • c. the children to whom the Member, former Member or retired Member of the Member States deputed, carried the foster parental care at the time of his death, under the same conditions as listed in Part II of the Agreement. A , except that, instead of the time of birth or adoption, the time of commencement of foster parental care is taken into account.

  • 2 Under foster parental care referred to in the first member, under C This means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that.


Article 144. Temporary pension

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  • 1 If a Member, former Member or retired member of Member States is missing, those who would grant a pension to his death shall be entitled to a temporary pension at the same rate as in the case of the Province of the Member State. previous articles of this chapter have been defined, granted.

  • 2 The temporary pension shall be automatically retired as soon as the death of the missing person is established.


§ 2. Amount of pension

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Article 145. Survivor's pension

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  • 1 The survivor's pension is the seventh part of the pension to which the deceased Member would have been entitled as such if he had been discharged from the day following that of his death, or to which the survivor of the survivor's pension was deceased former Member of Member States, having as such a right or vision, subject to observance of Article 140, second paragraph, points (b) and (c) .

  • 2 By way of derogation from the previous paragraph, the pension of the descendants of the person who dies:

    • a. as a Member of Member States before reaching pensionable age, five seventh of the pension to which this paragraph would have been entitled, if he were to become members of his/her membership until such time as that age was reached. Have coated;

    • b. as a former member of Member States in the period under which he was awarded a benefit, five seventh of the pension to which the former Member would have been entitled, if he had the right to reach the pensioner; would have been entitled to benefits, it being understood that, for the purpose of calculating the pension, the period of service is to be calculated according to the degree of co-enumeration of service time on the day of death.

  • 3 If, by reason of the same death, a survivor's pension is more than a survivor's pension at the foot of this section or on a survivor's pension at the foot of this section and a survivor's pension under the Second or Third Section of this law, for the purpose of calculating own pensions, whose survivors ' pensions are derived, are time involved both for the calculation of the former pension and for the calculation of the other pension and not actually has been spent simultaneously in the various posts, included only for the calculation of the pension, with the highest amount of time.

  • 4 The application of the first to third members shall be the subject of a franchise established between 31 December 1985 and 1 January 1995 as a result of a franchise established by or pursuant to general rules of management.


Article 145a

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  • 1 The person who has not yet reached the pensionable age has not been entitled to a survivor's benefit under the General Survivors Act , is entitled to an extra charge according to Article 145 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the total of 75% of the amount of the survivor's allowance paid up to an annual amount for the calculation of the survivor's pension calculated on 31 December 1985, and the amount of the benefit from the holiday allowance payable The General Survivors Act As this law applies, on 1 January of the year in which entitlement to survivors ' pensions arises.

  • 3 The naexisting referred to in paragraph 1, which is less than 40 years old, shall be entitled to the supplement referred to in that paragraph for the duration of 12 months.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 157, first paragraph , from 1 July 1999.

  • 5 The right to supplement is deleted:

    • (a) from the day on which the naexisting reaches the pensionable age;

    • b. starting from the month following that in which the naexisting remarries, as a partner is notified or as cohabiting as intended in the General Survivors Act shall be considered.


Article 145b

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act , to which income is deducted, is entitled to an additional charge, according to Article 145 calculated pension, if calculated or co-calculated on the period of service after 31 December 1985.

  • 2 The right to supplement is also entitled to persons who have been awarded a survivor's pension for the period from 1 July 1996 to 1 July 19999, and whose benefit is payable under the General Survivors Act has been deducted from that period, as from that reduction.

  • 3 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's benefit, calculated to an annual amount, for each of the year after 31 December 1985, and the amount of the allowance paid for each year. holiday benefit due to the General Survivors Act As this law applies, on 1 January of the year in which entitlement to survivors ' pensions arises, without the reduction and the reduced amount. The supplement does not exceed 75 per cent of the first sentence referred to in the first sentence and cannot be negative. The surcharge shall be determined:


Article 145c

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  • 1 The person entitled to benefit from the survivor's benefit due to the General Survivors Act and on 1 January 1998 55 years of age is entitled to a supplement to be Article 145 calculated pension, calculated or calculated on the period of service after 31 December 1985, if and for as long as he is entitled to a survivor's benefit in the event of the General Survivors Act , which is Article 67, third or ninth member of that Act from 1 January 1998 it is reduced by the fact that, from a time before 1 July 1996, the naexisting is living with the same person unmarried before 1 July 1996.

  • 2 The supplement shall be equal to, after 31 December 1985, 2,5% of the difference between 75% of the amount of the survivor's allowance paid up to an annual amount for each of the years after 31 December 1985, and the amount of the survivor's benefit, calculated as a percentage of the total amount of the survivor's pension. holiday benefit due to the General Survivors Act without reduction and the reduced amount. The supplement shall not exceed 75% of the amount referred to in the first sentence of the first sentence.

    The supplement shall be fixed as from 1 January 1998, taking account of the amounts applicable from that date, in accordance with the provisions of the General Survivors Act and will then be determined with effect from 1 January and 1 July on the basis of the development of those amounts.

  • 3 The right to the surcharge is to lapse:

    • (a) from the day on which the naexisting reaches the pensionable age;

    • b. As from the month following that in which the naexisting marries or is a party to a notification;

    • c. as from the first day of the month in which the reduction in the survivor's allowance referred to in paragraph 1 is reversed.


Article 146. Special survivor's pension

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  • 1 The special survivor's pension shall be at the rate of five seventh instalment of a pension to be taken into consideration:

    • (a) the basis of calculation to which the pension of the Member of the Member States, former Member of the Member State or retired Member of the Member State concerned, was calculated to be calculated on the date of the dissolution of the marriage or of the The end of the notification as a partner would have been granted entitlement to a pension;

    • b. Pension valid time which is prior to the day referred to in point A, except that in the cases specified in: Article 142, third paragraph, points (c) and (d) , taking into account only time before 1 August 2003 and 1 July 1999 respectively.

  • 2 If there is a right to more than one special survivor's pension as referred to in Article 142, first or second paragraph , the first paragraph shall be applied mutatis mutandis, except that for the calculation of the special survivor's pension from each marriage and any notification to which an earlier marriage or prior notification precedes the date of reference only, the co-operation of the service period, which may be or may be considered to coincide with the duration of the period of marriage or the duration of the notification.

  • 3 If, in the event of a death, one or more of the special survivors ' pensions are entitled to a death, the survivor's pension which is derived from the same death shall be reduced by the amount of the survivor's pension.


Article 147. Survivor's pension in the event of a remarriage or notification

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If a post-existing remarries, is a party to a notification or is deemed to be unmarried cohabiting as intended in the General Survivors Act , his pension shall be reestablished with effect from the following month. In addition, only the service time of the member of the Member States, the former Member of the Member States, or the retired Member of the Member States who are deputed, is taken into consideration, which is situated for the purposes of the pension. time of his death.


Article 148. Orphan's pension

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  • 1 The orphan's pension shall be:

    • a. A seventh instalment for each child, whose parent is entitled to the death of the member, former member or retired member of the Member States;

    • b. For each other child, two seventh instalment, of the deceased's pension calculated in accordance with Article 145 .

  • 2 For the purposes of application of paragraph 1, the following shall be understood to include, at the time of his death, the child's foster parental care, intended for the purpose of applying the first paragraph of this Article. Article 145 .


Article 148a

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  • 1 This Article shall apply only to pension calculations of service time after 31 December 1985.

  • 3 Where the allowance is claimed in the second paragraph, the orphan shall immediately inform the province thereof. The supplement shall not be earlier than one year before the first day of the month in which the notification was made or in which the allowance was granted ex officio.

  • 4 The supplement shall take effect from the month in which the duty arises and shall, as from 1 January of each year, be adjusted in accordance with the rules set out in the Annex to this Regulation. Article 157, first paragraph .


Article 149

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  • 1 The orphan's pension is recalculated in accordance with Articles 148 and 148a , where the survivor's pension or the special survivor's pension of the parent has ended on account of his death.

  • 2 Where the survivor's pension of the parent is Article 147 in the event of a remarriage or notification, the orphan's pension is to be established in accordance with Article 148, first paragraph, point (a) , increased by an amount which relates to the amount of that orphan's pension, such as the difference between the survivor's pension as referred to in Article 4 (1) of the Treaty. Article 145 , before and after application of Article 147 the survivor's pension shall be applicable to that survivor's pension before it applies.


Article 150. Limit joint amount of orphan's pensions

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  • 1 The combined amount of orphans ' pensions shall not exceed five seventh part of the amount of the amount of the pensions derived from those pensions.

  • 2 If orphans ' pensions are reduced for application of the first paragraph, such reduction shall be made in proportion to the extent of such pensions.

  • 3 For the purposes of this Article, the supplement shall be provided for: Article 150b No account, no account.


Article 150a. Allowance for survivors ' pension

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  • 1 The person who has not reached pensionable age has until the date on which he reaches that age equal to a supplement to his pension, calculated according to the preceding Articles, of 15% of that pension. where calculated on the basis of time before 1 August 2003 and of 7,5% in so far as calculated over time after 31 July 2003, subject to the provisions of the second and fourth paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 25 Application has been found.

  • 3 This Article shall not apply in respect of the person entitled to a special survivor's pension, nor to the person whose survivors ' pension is subject to the application of Article 147 has been fixed.

  • 4 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 157, third paragraph , according to the adjustment of an amount converted into euros, on 1 January 1985, € 28 678,91.


Article 150b. Supplement to orphan's pension

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  • 1 The orphan mentioned in Article 148 shall be entitled, from the first day of the month in which he reaches the age of 15 years, to a supplement to his pension, calculated in accordance with the preceding Articles, to the amount of 15% of that pension, subject to the provisions of the the second and third paragraphs.

  • 2 For the purposes of applying the first paragraph, a pension shall mean the pension after, where appropriate, the pension Chapter 25 Application has been found.

  • 3 The supplement referred to in paragraph 1 shall not exceed 15% of f 72,309.80 [ Red: as from 1 January 2008 € 38.727,06]. This amount shall be amended each time by the Ministerial Regulations referred to in Article 157, third paragraph , according to the adjustment of an amount converted into euros, on 1 January 1985, € 28 678,91.


Article 151. Temporary pension

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The temporary pension shall be the same as the pension to which the missing person died on the day of his disappearance.


Article 151a. Buy small pension

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  • 1 If the survivor's pension, the special survivors ' pension, the orphan's pension or the temporary pension is less than the amount specified in the year on an annual basis Article 66, 1st paragraph, of the Pension Act , this pension is purchased by a lump sum payment, provided that the person concerned agrees to the pension.

  • 3 In the case of, or under general management, detailed rules on the purchase of a small pension shall be laid down.

Chapter 24. Retirement pension

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Article 152

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  • 1 The right to a pension shall lapse if, for a period of five consecutive years, any recovery has not been completed.

  • 2 Provincial States may restore a right to a pension under the first paragraph

Chapter 25. Assembly

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§ 1. Overlapping of pensions

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Article 153

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Chapter 7 of this Act shall apply mutatis mutandis to the pensions referred to in this Section.


§ 2. The course of pensions referred to in the second, third and fifth sections and overlapping of pensions with a pension under a different scheme

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Article 154 [ Verfalls per 01-01-2005]

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§ 3. Aggregation of pension and general pension

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Article 155

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Chapter 17 and the Articles 125 to 127 of this Act shall be applicable mutatis mutandis to the pensions referred to in this Section.


Article 156. Reduction in total amount

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  • 1 This Article shall apply only to pension calculations in respect of years for 1 January 1986.

  • 2 If the amount which has been stretched for the purpose of calculating the pension, after adjustment of that amount according to the rules, is intended to be used in the calculation of the pension Article 157, third paragraph , on the day from which Article 155 for the first time in respect of the pension application, is lower than f 32.094,-[ Red: as from 1 January 2007 € 16,519,54], the amount of the total amount calculated by applying the latter Article shall be multiplied by a fraction of which the numerator shall be calculated. is the first amount on the said day and the denominator of which is f 32.094,-[ Red: from 1 January 2007 € 16,519,54]. In such cases, the result of this multiplication shall be the amount of the construction. The amount referred to in the first sentence shall be amended by the Ministerial Regulation referred to in Article 157 .

  • 3 If the pension is derived directly or indirectly from a pension from his own pension, for the purposes of the preceding paragraph as the basis for calculating the pension, the amount which has been taken as the basis of calculation of the pension is applied. Own pension.

Chapter 26. Adjustment of pensions to general salary changes

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Article 157

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  • 1 A pension under this section, which is not included in the construction and franchise amounts, is adjusted each time according to an adjustment to a general salary change, from a pension of a retired government employee to the the sense of the Privatization of ABP who has worked in the Empire sector.

  • 2 If a retired State worker is awarded a one-off benefit as referred to in the first paragraph, the person entitled to a pension, as referred to in that paragraph, shall be granted in accordance with a one-off benefit.

  • 3 Our Minister shall lay down rules for the application of the first and second members. These rules shall, if necessary, return to and including the date on which a pension adjustment is entered into or entitlement to a one-off benefit has been granted.

Chapter 27. Provisions of an administrative nature

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Article 158

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In respect of pensions referred to in this Section, the Articles 111 , 112 , 113 , 114 , 115 , 122 , 123 and 128 applicable mutatis mutandis.


Article 158a

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The State Tax Administration provides our Minister with the necessary information for the benefit of an interested party of income with a benefit as defined in the Chapter 3 , 10 and 21 .


Article 159. Survivor's benefit

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The provisions of Article 116 shall apply mutatis mutandis to the pensions referred to in this Section.

Chapter 28. General provisions

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Article 160. Deductions

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  • 1 The bet on the member of the Member States of the Member States of the Member States of the Member States of the European Union shall be withheld in accordance with the rules applicable to or by virtue of general rules governing the administration of the Member State concerned, in accordance with the deductions from the salary of the person concerned. Civil servants in respect of claims of unemployment, illness, incapacity for work, old age and death. Article 13d shall apply mutatis mutandis to the deductions made and compensation in respect of claims of old age and death.

  • 2 The allowance of the former Member of the Member States of the Member States of the Member States of the Member States of the European Community shall be withheld in accordance with the rules governing the management of the former Member State in accordance with the rules governing the provision of sums, in respect of claims relating to the claim for the First member, on unemployment or incapacity benefit, on the basis of a scheme for public servants.

  • 3 No inaction of amounts in respect of claims for old age and death shall be made where time does not count as retirement service and benefits provided in the Articles 133a , as well as on a benefit during the time when the person concerned is a member of 55% or more of a general incapacor.


Article 160a

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  • 1 Upon application of a former deputed, the province concerned shall bear the value of the value of the Fifth Section pension entitlements acquired under this law, in accordance with the provisions in the Pension Act on the transfer of value.

  • 3 The value of pension claims acquired under a right to benefit in respect of dismissal or resignation shall be counted as the value of the pension claims referred to in the first paragraph. To the extent that the value of the pension claims under the right to benefit is not taken into account in the transfer of value, this value is transferred to benefit after the right to benefit is determined in the same way as is provided for in the period of payment of the pension. First member.

  • 4 For the application of the Pension Act the province for the implementation of this Article shall be considered to be an overbearing pension exporter.

  • 5 Our Minister, in agreement with our Minister of Social Affairs and Employment, may lay down rules on the value transfer of pension claims of a depudiated.


Article 160b

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  • 1 On request of a deputed, the Province concerned is obliged to use the value of pension claims accrued by the person concerned for the acquisition of pension claims based on the Fifth Section of this law. This value transfer shall be effected in accordance with the conditions laid down in the Pension Act are put to a receiving pension executive with respect to the transfer of value of accrued pension claims.

  • 2 The transferred pension claims are regarded as claims under the Fifth Section of this law and treated as a whole with the claims that the deputed acquits under the Fifth Section of this law.

  • 4 For the application of the Pension Act the province for the implementation of this Article shall be deemed to be a receiving pension exporter.

  • 5 Our Minister, in agreement with our Minister of Social Affairs and Employment, may lay down rules on the value transfer of pension claims of a depudiated.


Article 161 [ Expaed by 15 -08-2001]

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Article 162. Occupation

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The decisions taken in implementation of this section shall be taken by the Member States, the office of mayor and aldermen on the day-to-day administration of the watery, unless otherwise specified.

Chapter 29. Transitional provisions

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Article 163

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  • (1) By Regulation, the pensions of former members of Member States and orphans of members, former members or retired members of Member States, shall, in so far as their rights have not been repealed, be taken into account; as of the date of entry into force of this Act, recalculated according to the Articles 90 and 92 .

  • 2 The Regulations adopted on the basis of the Law of 1 August 1956, Stb. 455, shall retain their legal force for two years after the date of entry into force of this Law in so far as they have not previously been superseded by other Regulations in accordance with this Act.

    The latter Regulations may, where necessary, include such transitional provisions as may be found in the Chapter 8 and 15 , and in Article 124 .

  • 3 Article 134, third paragraph , does not apply to benefits awarded in respect of a resignation before the date of entry into force of this Act.


Article 163a

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By way of derogation from Article 130 This section does not apply to former King of the King, former mayors and former members of the executive board of a watership who were in the performance of that ministry as a public employee within the meaning of the Privatization of ABP , and whose resignation or resignation has entered into before the date of entry into force of that provision.


Article 163b. (belongs to Chapter 21 )

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  • 2 The Articles 132a to 132c shall not be subject to the initial dismissal or resignage from 27 February 2010 of the persons concerned who:

    • a. on that date had been appointed as a member of the Member States, alderman, or member of the executive board of a submunicipality,

    • Immediately after the elections to the members of the Provincial Council of 2 March 2011, the elections to the City Council of 3 March 2010 have not been reappointed.

  • 3 The second paragraph shall apply mutatis mutandis in respect of a member of the Executive Board of a watership which does not have a public employee within the meaning of the Privatization of ABP on the understanding that it will be the next elections to the general administration of the watership after 27 February 2010.


Article 163c

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  • 1 This section shall apply mutatis mutandis to members of the Executive Board of a subdivision within the meaning of Chapter V, Section 2 of the Executive Board. Municipal law As this paragraph was stated on the day prior to the date of the election of the local councils in 2014, it being understood that:

    • a. Member of Member States: Member of the Executive Board of a Part-Municipality;

    • b. Province: municipality;

    • (c) provincial States: the Council;

    • d. Member States: the college of mayor and aldermen.


Article 163ca. (belongs to Chapter 21 )

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  • 1 The benefit of a person concerned shall be continued until his retirement age if he:

    • a. on 27 February 2010, appointed as a member of the Member States, alderman or member of the executive board of a submunicipality,

    • b. Reappointed in office immediately after the elections to the members of the Provincial Council of 2 March 2011, the elections to the City Council of 3 March 2010 were, as a matter of course,

    • c. upon his reappointment was at least 50 years old and

    • d. meets the in Article 132, second paragraph , the said requirements as to the service time.

  • 2 The first paragraph shall apply mutatis mutandis in respect of a member of the Executive Board of a watership which does not have a public employee within the meaning of the Privatization of ABP on the understanding that it will be the next elections to the general administration of the watership after 27 February 2010.

  • 3 The benefit of a person concerned shall be continued until his retirement age if he:

    • a. on 27 February 2010, appointed as a member of the executive board of a watership which does not have a public employee within the meaning of the Privatization of ABP

    • b. has not been reappointed immediately after the next elections to the general administration of watership after 27 February 2010,

    • c. at the time of his reappointment at least 50 years old; and

    • d. in the 12-year period preceding the date of re-appointment, has been a member of the Executive Board for at least 10 years.

  • 4 Cash benefits related to a dismissal or resignage before 27 July 2013 shall be provided in accordance with the rules applicable on the day prior to that date.

  • 5 The payment of a person concerned in respect of a resignation or resignage before 27 July 2013 shall be continued until his retirement age if it has been granted on the basis of Article 132, second paragraph .

  • 7 An interested party which, at the date of entry into force of the Law shortening duration of the continued benefit Appa deputed, a benefit shall be granted in the event of resignation or resignation in accordance with the rules applicable on the day preceding that date.


Article 163cb

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  • 1 An interested party on the date of entry into force of the Law shortening duration of the continued benefit Appa , a member of the Member States, alderman or member of the executive board of a watery is hereby reappointed after the next elections to the provincial authorities, the Council or the general administration of the watery after that date, shall be granted a benefit in accordance with the rules applicable on the day before that date, if at the same time as the date of his reappointment:

    • a. nine years and seven months or less of the retirement age established for the calendar year five years after the resignation or resignation, and

    • (b) in the 12-year period preceding the date of the reappointment, has held a function as mentioned in the following: Article 2, second paragraph .

  • 2 The first paragraph shall apply mutatis mutandis in the event of a reappointment of a Commissioner of the King, a mayor and a chairman of a watership.


Article 163d

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With regard to members of the Executive Board of a watership reappointed after the water elections in 2008 on 8 January 2009, the pension scheme for the period until 7 January 2009 shall be counted as from 7 January 2009. Pension base based on the wedde which was enjoyed by the member of the Executive Board on 7 January 2009.


Article 163e. (belongs to Chapter 21 )

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In respect of benefits granted in respect of a resignation or resignage before the date of entry into force of the Act Adjustment Benefit Duration Appa , the benefit period shall remain in force as it applied on the day prior to that time.


Article 163f. (belongs to Chapter 22 )

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  • 1 The institution of the institution of own pension shall be determined in accordance with Article 138 for service years from 1 January 2014.

  • 3 If, on 31 December 2013, the person concerned builds a pension on the basis of Chapter 22 , the structure referred to in paragraph 2 shall be established on the basis of a pension base which would be valid if he had resigned as from 1 January 2014. The competition is not adapted. The accrued claim is then indexed in a manner consistent with the indexation of the structure used for the old-age pension of public employees.

  • 4 In the case of, or under general management, detailed rules shall be laid down regarding the application of the first to third members.


Article 163g. (belongs to Chapter 22 )

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  • 2 The application may also reduce pension claims accumulated before the date of entry into force of the Regulation. Pension Age Adjustment Retirement Age Appa . The reduction may also cover pensions which are based on pension claims built up before that entry into force.

  • 3 The application shall be made in respect of a reduction by the ABP pension fund as from 1 January 2013.


Article 163h. (belongs to Chapter 23 )

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  • 1 In the case of, or under general management, detailed rules may be laid down on the determination of the survivor's pension, special survivors ' pensions, the orphan's pension and the temporary pension in connection with the entry into force of the pension scheme. The Pension Age Adjustment Retirement Age Appa .

  • 2 These rules shall respect the conditions and ceilings established by the Commission. Act on payroll tax 1964 In the case of a partner pension and an orphan's pension based on an intermediate wage scheme.


Section 6

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Chapter 30. Final provisions

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Article 164. Pension and pension costs

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The cost of the benefits and pensions provided for in this Act and the cost of taking over and partial reimbursement of the premium paid under the General Old-age Law and the General Widows and Road Law on this subject is levied, in so far as it is not stipulated that such costs are chargeable to the General Civil Pension Fund, to be charged to Chapter VII of the State budget, to the extent that these costs relate to: have the ministers, former ministers, retired ministers, the families and orphans of former ministers, and at the expense of Chapter II of the national budget, where these costs relate to members of the Second Chamber of the European Union. States-General, retired comrades, survivors and orphans of such members.


Article 164a

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  • 1 Our Minister, deputed states of a province, the college of mayor and alderman of a municipality and executive board of a water supply on request of the political office bearer is timely data relating to pension claims by means of the pension register, referred to in Article 51, first paragraph, of the Pension Act .


Article 165

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For the years that Article 18a of the Law on payroll 1964 There is no provision of the pension target age, the pension target age is 65 years.


Article 166

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This law can be cited as: General pension law political office holders.


Article 167

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  • 1 Subject to paragraph 2, this Law shall enter into force from the first day of the month following the date of issue of the State Sheet , in which she is placed.

  • 2 [ Red: Expated.]

  • 5 Where the law refers to the date of entry into force of this Act, except as provided in paragraph 3 (2), shall be amended to: Article 125 , from 1 January 1966.

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, 10 December 1969.

JULIANA.

The Minister-President, Minister for General Affairs,

THE BOY.

The Minister of the Interior,

H. K. J. BEERNINK.

Published on the thirtieth of December 1969.

The Minister of Justice, a.i.,

H. K. J. BEERNINK.