Warranty law servicemen k.N.I.L.

Original Language Title: Garantiewet Militairen K.N.I.L.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Law of 22 June 1951, laying down certain safeguards against certain categories of servicemen and former members of the military of the former K.N.I.L., and 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 considered that it would be desirable for the new legal order to guarantee certain groups of military and former military personnel of the former K.N.I.L. and their survivors, as well as their survivors, that it would be desirable for the new legal system to guarantee that the national authorities of the Law;

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:


Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law shall be governed by:

  • I. "Militaries":

    • a. Persons, who-in military service with the former Royal Netherlands Indonesian Army who entered military service before April 1942-were still in military service on 27 December 1949 to that Army, as far as they are Dutchman and as long as they have this status Retained, unless Article 7 A apply to them, or dispensation has been granted as intended in Article 4 ;

    • b. persons, who-after March 1942 entered military service with the former Royal Netherlands Indonesian Army-were still in military service on 27 December 1949 to that Army, as far as they are Dutchman and as long as they retain this status, Unless Article 7 A apply to them, or dispensation has been granted as intended in Article 4 ;

    • c. other persons, who were in military service at the former Royal Netherlands Indonesian Army on 27 December 1949.

  • II. 'Professional soldiers' means:

    Persons who were in permanent military service at the former Royal Netherlands Indonesian Army on 27 December 1949, as far as they are Dutchman and as long as they retain this status, unless Article 7 A apply to them, or dispensation has been granted as intended in Article 4 .

  • III. 'Advised military personnel' means:

    persons who were discharged from the military service of the former Royal Netherlands Indonesian Army after 9 May 1940 and before 1 September 1945 because of the injury suffered by ordered services, or were in military service in March 1942 or after having entered military service with the former Royal Netherlands Indonesian Army after August 1945 in the civil service in the reconstruction of Indonesia, have actually been co-operating or at the commission's decision they have been prepared for that purpose, outside their own fault or by doing so, have been prevented from doing so and -after August 1945, but before 27 December 1949, have been removed from the service, to the extent that they are Dutchman and as long as they retain this status, unless Article 7 A apply to them, or dispensation has been granted as intended in Article 4 .

  • IV. 'Survivor's relationship' means:

    Relations of a deceased military person as referred to in I A , a deceased professional soldier, a former military officer, in the summer of a Dutchman, whose death is or is supposed to fall after March 1942, or between 9 May 1940 and April 1942 was the result of ordered services and on the other hand, The time of death in military service was with the former Royal Netherlands Indonesian Army, in so far as they are entitled to receive public benefits under that death and to the extent that they are Dutch and as long as they retain this status, unless: Article 7 A apply to them, or dispensation has been granted as intended in Article 4 .

  • V. 'The Commission':

    the competent committee referred to in Article 7 .

  • VI. "Our Minister":

    Our Minister, in charge of the implementation of the Guarantor Servicemen K.N.I.L.

  • VII. 'Our Ministers' shall:

    Our Minister, in charge of the implementation of the Guarantee Law Servicemen k.N.I.L. and Our Minister of Finance.

  • VIII. 'Pension Foundation' means:

    Foundation for the care and settlement of the pension rights of former Indonesia government personnel and their survivors.


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Taking into account what is provided for in this Act, the Kingdom shall guarantee:

    • a. to the servicemen:

      the satisfaction of all rights and claims which, under the service provided by them after 26 December 1949 to the former Royal Netherlands Indonesian Army, were granted in accordance with the rules in force on that date;

    • b. to the servicemen, belonging to the in Article 1 (I) (a) , group referred to:

      in the event of dismissal pursuant to Article 38 of the 'Rules on Military Matters', II, Chapter V annexed to the Interim Agreement annexed to the 'MantelResolution der Ronde Tafel Conference', the satisfaction of all rights and claims made in the above Chapter V;

    • c. to the former servicemen:

      the satisfaction of all rights and claims which, under the terms of their dismissal from the service of the former Royal Netherlands Indonesian Army, are to be forwarded in accordance with the arrangements in force at the time of that resignation.

  • 2 Without prejudice to the obligation to grant and satisfy the benefits of widows 'pensions, orphans' and benefits in the form of which the Kingdom of others is directly bound by it, the Kingdom of the Kingdom of which the Kingdom of the Kingdom of the relations, subject to and subject to the provisions of the following Articles, to the satisfaction of all rights and claims, which shall, in accordance with the arrangements in force at the time of die death, be satisfied, provided that the provisions of guarantee for the left-hand relations of him, which is or will have died after 26 December 1949, the the satisfaction of all rights and claims, which are to be forwarded to them in application of the rules in force on 26 December 1949.

  • 3 To the professional soldiers who are on the subject of the first paragraph, B By way of derogation from the right to a pension, as well as to members of their families, the State guarantees freedom of movement to the Netherlands on reasonable terms if, at the time of such dismissal, they fulfilled the conditions for entitlement to the pension. on leave in Europe, as defined in Article 2 (2), A and B and Article 3, point A and B The Committee on Foreign Affairs of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council

    For the purposes of this paragraph, family members shall mean the members of a family as defined in Article 2 of the Royal Decree of 22 June 1916 ( Indisch Stb. 605), as this ushered on 26 December 1949. In special cases, our Minister, in agreement with our Minister of Finance, may also be regarded as other persons as members of the family.

  • 4 At the request of the person concerned, our Minister may decide that, in the cases where there is a right to free passage to the Netherlands at the expense of the State, instead of the free transfer chargeable to the State by the State concerned. is assigned.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The professional soldiers, who cannot or could not be placed at the Royal Land Force and, as a result, were dismissed for reorganisation with the former Royal Netherlands Indonesian Army on 25 July 1950, provided that this has been honorable-if required to be eligible for the application of redundancy conditions, equivalent to the conditions of redundancy for public servants in fixed service, set out in point A in the Annex to the Agreement on the position of the Civil Public Service servants in connection with the The transfer of sovereignty, however, with the deduction of income which they enjoy under the social provisions referred to in the arrangements, mentioned in Article 2 (1) (b) .

  • 2 When applying the conditions of redundancy laid down in the preceding paragraph to professional soldiers who do not qualify for a service pension, they shall be allowed to apply according to the relative ranking pension regulations. -pension in the event of dismissal due to signs of vision or body defects, not arising in and by the service, plus 1/9 part of the normal pension amount established in those Regulations for the grade in question, subject to the limitation of the ceiling does not exceed a ranking pension for the grade in question.

  • 3 The Empire guarantees to the professional soldiers, who cannot be placed at the Royal Land Force, to the extent that they are put in the enjoyment of waiting money, a minimum waiting amount according to Us, upon nomination of Our Ministers for Union Affairs. and Overseas Department of Finance and Finance to be established. Within three months of the adoption of these rules, we shall make a proposal of law to the States-General to confirm those rules. Confirmation shall be made in the form of adoption of the rules concerned, whether or not amended, by law.


Article 3a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The professional soldiers as a result of dismissal pursuant to Article 38 of the 'Rearrangements for military matters', II, Chapter V annexed to the Transitional Agreement annexed to the 'MantelResolution of the Round Table', the "Widows and Wezenfonds of the European Officers of the Netherlands-Indian Army" or the former "Widows and Wezenfonds of European servicemen below the rank of Officer of the Colonial Troops". lost, may, subject to being within six months of (i) the entry into force of this Act to the Pension Foundation has given the wish to do so in writing, for their widows and orphans the right to a pension, under the law of the Pension Foundation, on the basis of the rights and rights of the Pension Foundation. obligations, which were linked to the compulsory participation in those funds, from the date of termination of the service to the former Royal Dutch Indonesian Army, on the understanding that, in the cases, referred to in Article 41 (5) of the said schemes, the contributions payable will be calculated on the waiting money, for which the one-off benefit has been replaced.

  • 2 From the date on which the income received by the professional staff referred to in the preceding paragraph is permanently deserving of revenue or-in the cases where there has been a single payment in the place of service- The contributions payable by them shall, subject to the provisions of the following paragraphs, be calculated by reference to 40% of the salary, as determined by the provisions of the third and fourth paragraph of Article 41 of the preceding paragraph. the arrangements for the waiting money have been at the origin of those schemes or would have been situated.

  • 3 In the case referred to in the preceding paragraphs, the provisions relating to the fulfilment of the contributions, the determination of the contribution to the basis of a fictitious pension, the cessation or cancellation of the participation of the part-society, as applied for the purpose of Voluntary equity participation in the former funds referred to in paragraph 1 shall apply mutatis mutandis.

  • 4 The determination of the amount of the contributions due under this Article, the method of payment of the contributions and the provisions necessary for the implementation of the provisions of this Article shall be made by the Administrative Board of the Pension Foundation. No interest shall be payable on contributions due to the entry into force of this Law.

  • 5 In cases where, in the field of widows 'and orphans' benefits, powers to derogate from those schemes or to the provision of a separate provision were reserved for the Crown or the Governor-General, these powers shall be exercised in respect of widows and orphans established outside the territory of the Republic of Indonesia by the Board of Governors of the Pension Foundation following the prior approval of Our Ministers of the Interior and of Finance.


Article 3b

Compare Versions Save Relationships (...) (External Link) Permanent Link

In cases where, in the arrangements in force on 26 December 1949, power was reserved for the Crown or the Governor-General to take decisions or special provisions in addition to or by way of derogation from those schemes. to be taken, shall be subject to these powers, subject to the provisions of Article 3 A , fifth paragraph , for the application of this law exercised by our Minister in accordance with our Minister of Finance.


Article 3c

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of a pension or a pension, if the basic principles are taken into account for remuneration granted on the basis of remunerative arrangements applicable after 31 December 1948, does not have a duration allowance and a child allowance, unless the amount of that pension or the amount of that pension is less than the amount of a pension or a pension under way of a pension which would have been enjoyed, if the determination of the basis of assessment has been have been taken into account only with remuneration, granted on the basis of prior to 1 (b) existing remuneration schemes, plus the duration of the duration of the duration of the duration of the duration of the duration of the duration of the term of payment and the amount of the dependent child allowance, in which case the difference between the two amounts referred to is granted in the form of a duration of duration.


Article 3d

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The benefits, to which the Empire is held by virtue of or under this Act, shall be determined by our Minister and rounded up to the extent not otherwise governed by law and subject to the provisions of the third paragraph. Among the adjacent multiple times of one euro or one rupiah.

  • 2 Having regard to the provisions of Article 3 A Certain provisions on the benefits referred to in paragraph 1 shall be paid on the basis of the arrangements in force on 26 December 1949 for widows 'pensions and orphans' pensions if the pensioner has been entitled to benefit from his widow's pension. And that is what has the right.

  • 3 The periodic benefits paid to widows and orphans established outside the territory of the Republic of Indonesia, under or under the Article 2, second paragraph The guarantee provided for by this Act shall be taken into account, where necessary, by the Board of Governors of the Pension Foundation, which is to be charged by our Minister, to the charge of the Foundation.


Article 3rd

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If a military or former military officer has rights or claims of benefits payable by the Republic of Indonesia, he may be required by Our Minister to take the necessary steps to ensure that these rights and -to make claims.

  • 2 In case of failure to comply with the obligation referred to in the preceding paragraph, nor shall the guarantees be granted by or because of the Republic of Indonesia on the basis of the service termination benefits, the guarantees shall be as set out by Our Minister. shall be effected only where and for as long as the benefits granted or granted because of the Republic of Indonesia are less than the benefits to which the law or entitlement exists under or under this law.


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may, in agreement with Our Ministers of Finance and Social Affairs and Public Health, be determined in special cases, that the guarantees under or under this Act will continue to apply in the event of change of nationality.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The nominal amount of the periodic benefits, to which the Empire is held by virtue of or under this Act, shall be payable:

    • a. in euro for the period of time, that the rightholder is located outside the territory of the Republic of Indonesia;

    • b. In Indonesian current over the period, that the rightholder is established within the territory of the Republic of Indonesia.

  • 2 The validation of the duration and child allowances awarded on the benefits referred to in the preceding paragraph shall be made in the same currency as in which those benefits are payable.

  • 3 The nominal amount of the short term allowance and bonus due under a short term, to which the Empire has been held under or under this Act, is paid out:

    in Indonesian, or, if the person entitled to the rightholder is situated outside the territory of the Republic of Indonesia, in euro within one year of the close of the short-link.

  • 4 Reimbursement of transfer and transport costs, to which the State is held in accordance with or under this Act, shall take place in the Netherlands until the equivalent of the euro.

  • 5 If the person concerned is established outside the Netherlands and outside the territory of the Republic of Indonesia, the payment of the payment of the payment referred to in this Article shall be made to an authorised representative in the Netherlands, to that effect.

  • 6 In special cases, the provisions of this Article may be derogated from by our Minister in agreement with our Minister of Finance in favour of the person concerned.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A military or former military officer who, under or under this Law, enjoys or might benefit from a periodic benefit from the State, shall, as long as he has not reached the age prescribed for retirement, be obliged to:

    • 1. if he is given an opportunity to obtain, from that occasion, income from work in a country in which he is established, in a manner which may be regarded as appropriate in relation to his personality and circumstances to him. creating;

    • 2. a post or a post in the country in which he is established, which may reasonably be entrusted to him in connection with his or her personality and circumstances, provided that such an obligation does not include: go to foreign government service;

    • 3 °. to inform our Minister without delay of making any paid employment or of any undertaking without delay;

    • 4. of the income received and of any changes thereto in good time to be made to our Minister.

    As regards them, for whom no minimum age is included in the pension regulations, the age of 40 years shall be considered as such.

  • 2 Where the person referred to in the preceding paragraph receives income from employment, as long as he has not reached the prescribed retirement age referred to in the preceding paragraph, the benefit provided for in that paragraph shall be deducted from the monthly pension contributions due, a reduction applied to a percentage of the proceeds of employment, equal to the percentage, which is the periodic benefit of the basis on which the benefit is calculated, and the rate of the pension Application of this Article as the proceeds of employment:

    • a. For unmarried persons a sum of € 22,69 ' s maands,

    • b. for married persons a sum of € 45,38 ' s maands,

    the amounts for each minor child to whom the person concerned is in a family-friendly relationship or that of a stepchild who is wholly dependent on the person concerned, shall be increased by € 11.34 ' s maths.

    In the case of those who are subject to the ordination of regulations, we will be able to establish a rate of equity.

  • 3 If, as a result of the method of reduction described in the preceding paragraph, the sum of income from employment and waiting, pension or under-income per month would be less than € 95.29, the amount of the discount shall be calculated by the sum of the amount of the sum of the income of the sum of the income of the income from labour and from waiting money, pension or understand to be reduced by an amount of € 95.29 while, if this sum per month is € 95.29 or less, no discount is applied.

  • 4. Our Minister may leave or depart from the provisions of Article 6, first and second paragraphs, or derogate from them if necessary, under the conditions laid down, to the extent that their application will lead to a lack of fairness in view of the fact that the importance of providing guarantees of the Empire for the benefit of the military, professional soldiers, former military personnel and their survivors.

  • 5 In the case of non-or non-compliance with the obligations referred to in paragraph 1, and where the income is given voluntarily or lost due to its own fault, without sufficient reason, the Commission may, either on the basis of or by reason of Our Minister's request is to decide that the benefit of a date to be determined by it will be suspended, in whole or in part, for a specified period of time, or permanently.

  • 6 In the cases referred to in paragraph 5, our Minister may determine that, pending the decision of the Committee, the benefit shall be suspended in whole or in part.

  • 7 For the purpose of implementing this Article, our Minister may provide detailed instructions and instructions either in general or in any particular case. In the case of non-compliance or non-compliance by the person concerned with these rules or instructions, the provisions of the fifth and sixth paragraphs shall apply mutatis mutandis.


Article 6a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If a professional military or former military officer enjoys a periodic benefit from the Republic of Indonesia, he shall be empowered to refer the matter to the committee for the purposes of applying this law, with the request for a decision:

    • (a) whether he or she may refuse to accept or accept a post or a post on him or her; or

    • (b) whether or not he has correctly used an opportunity to obtain appropriate employment in the country in which he is established;

    • c. Whether or not he or she has acquired income from employment without sufficient reason or may be given price, or has been lost by his or her own fault.

  • 2 Crafts or relations outside the country in which the person concerned is established do not need to be accepted.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 We set up one or more committees which-apart from the other powers and activities which are or will be or will be granted or will be given or assigned to it by virtue of this law-will have the task of applying this law, after by our Minister. In this respect, the Commission has been asked to decide:

    • a. that the guarantees under or under this Act are temporarily or permanently and totally or partially expired if they consider that a military, former military or survivor has provided incorrect or incomplete data for the purpose of the assessment of the claim for the guarantees under or under this Act or for the granting and determination of benefits under or under this Act;

    • (b) that the benefits which are claimed by virtue of that law will not be enjoyed, or are only partially enjoyed, in cases where the military, former military or survivors have already received benefits under the Guarantor Civil Service Personnel Indonesia .

  • 2 The conditions of its decisions may be attached to the decisions of the committee.

  • 3 The composition, place of employment, operation and, where necessary, the division of powers of committees are governed by general measures of management. In doing so, the task and powers of the committee may be extended within the framework of the objective of this Act.

  • 4 In the case of a general measure of management, provision should also be made for the possibility to appeal against decisions of the committee.


Article 7a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of this Act, Indonesian nationals of the Netherlands will be deemed to have retained their Dutch citizenship, subject to the condition that the Articles 3 A and 3 B they do not apply to them and that the guarantees do not extend to the right to free crossing to the Netherlands.

  • 2 In the widows and orphans of a deceased Indonesian citizen, Dutchman shall guarantee the Kingdom the satisfaction of all rights and claims which they claim on the basis of that death pursuant to the provisions of the Second paragraph of Article 2 If the deceased Dutchman would have stayed, with the exception of the right to free crossing to the Netherlands.

  • 3 In special cases, by decision of the committee, the persons referred to in the preceding paragraph, who, were they Dutch nationals, may, under or under this law, have the right to free passage to the Netherlands, free movement to the Netherlands, The Netherlands shall be granted on reasonable terms.


Article 7b

Compare Versions Save Relationships (...) (External Link) Permanent Link

For cases in which this law, Chapter V of the first member of the Article 2 (b) , schemes referred to or in Article 3 provided that the conditions of redundancy are not or are not provided for fairness by us, on the proposal of Our Ministers for the benefit of the military, former servicemen and the survivors ' supplementary guarantees of the State.


Article 7c

Compare Versions Save Relationships (...) (External Link) Permanent Link

The guarantees do not cover the entitlement to child allowance for children, who are entitled to child benefit under the General Child by-entry law , the Child Allowances Act for wage earners, or the general measure of governance referred to in Article 10 of the latter Act, while the child allowance for those children for calculating the in Second paragraph of Article 3 C intended to be left out of the duration of the duration of the duration.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By means of a proposal from Our Ministers, the guarantees may be granted by us as provided in the preceding Articles of this Law, to be adopted for the benefit of other Dutch persons, other than those mentioned in Article 1 (I) or (III) , in special cases for the benefit of non-Dutch people, to the extent that they have served in the former Royal Netherlands Indonesian Army.

  • 2 The conditions laid down in the preceding paragraph may be fixed by our conditions.


Article 8a [ Expired by 01-01-1998]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8b [ Expired by 01-01-1971]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law shall enter into force with effect from the day following that of its proclamation. It can be cited as "Guarantor Military Personnel K.N.I.L.".

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 implementation.

Given at Paleize Soestdijk, 22 June 1951.

JULIANA.

The Prime Minister,

W. DREES.

The Minister for Union Affairs and Overseas Rijkssharing,

L. PETERS.

The Secretary of State for Union Affairs and Overseas Office Parts,

OÖTZEN.

The Minister of War,

C. STAF.

The Minister of Finance,

P. SWEETINCK.

Issued the 20th of July 1951.

The Minister of Justice,

H. MULDERIJE.