Surinamese pension guarantee law

Original Language Title: Garantiewet Surinaamse pensioenen

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Law of 9 December 1993 laying down rules for the payment and increase of Surinamese pension for Surinam pensioners in the Netherlands

We Beatrix, 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 to provide a guarantee for the payment and increase in Surinamese's pension for pensioners and their survivors, who are responsible for the transfer of sovereignty to Surinam on 25%. Have built up pension claims in November 1975 and have established themselves in the Netherlands before 1 May 1985;

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

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For the purpose of this Act:

  • a. Surinamese pension: a pension benefit which was granted in the event of dismissal or which was the subject of a resignable view as a result of the Civil Service Act 1972, in force in Suriname;

  • b. foundation: the Foundation Administration of Indonesian Pensions;

  • c. guarantee pension: a pension to be paid by the Foundation to replace the entitlement to Surinamese pension;

  • d. 'official' means the person who has been employed in Suriname or as a teacher at the special education in Suriname from a date specified before 25 November 1975 and has a view of a Surinamese pension on the basis of such an official's service;

  • e. pensioner: the former civil servant who is entitled to a Surinamese pension;

  • f. Next-existing:

    • 1. widow or widower who is entitled to a survivor's pension under the Surinamese Civil Service Regulation 1972 following the death of an official or pensioner and who is permanently in the Netherlands before 1 May 1985; located;

    • 2 °, the orphan who, under the Surinamese Civil Service Regulation, is entitled to an orphan's pension following the death of an official or pensioner and who has permanently established or was born before 1 May 1985 in the Netherlands from his mother established in the Netherlands before that date;

  • g. entitled "pensioner" means the pensioner who is permanently resident in the Netherlands before 1 May 1985, or the surviving or surviving dependants;

  • h. Our Minister: Our Minister of Internal Affairs and Kingdom Relations.


Article 2

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  • 1 Upon application by the rightholder, a guarantee pension shall be granted by the Foundation if the person entitled:

    • a. shows that he has established himself in the Netherlands before 1 May 1985 or, if he is an orphan, that he was born of a mother who established himself in the Netherlands before that date;

    • b. has ceded his claim to Surinam's pension to the Dutch State.

  • 2 The foundation shall also grant a guarantee pension to the person who does not act as a rightholder, for the purposes of the application, to the Article 1 (g) It may be regarded as having been granted by the Foundation for 1 January 1992 advances to his Surinamese pension on condition that he ceded his claim to Surinam's pension to the Dutch State.

  • 3 Furthermore, the Foundation grants a guarantee pension to the person or persons who are entitled to a Surinamese survivor's pension as a result of the death of the person to whom the second paragraph applies, also provided that the claim for Surinamese's pension has been ceded to the Dutch State.

  • 4 By way of derogation from the second and third paragraphs, no guarantee pension shall be granted to the person who has established himself in Suriname;

  • 5 The Foundation may, by reasoned decision in particular cases where pensioners or their survivors demonstrate that they are not subject to the condition of permanent establishment in Lower and for 1 May, for medical or other imperative reasons 1985, the entitlement to the guarantee pension scheme is settled separately.


Article 3

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  • 1 Without prejudice to the Article 4 the amount of the guarantee pension shall be determined by multiplying the gross amount of the pension ceded from Surinam by:

    • a. The exchange rate of the Surinamese guilder:

      • 1 °. on 25 November 1975, being 0,672, if the person entitled has established himself in the Netherlands before or on that date;

      • 2 °. of the month of establishment in the Netherlands, if the person entitled has established himself in the Netherlands after 25 November 1975 and had already been entitled to a Surinamese pension at the time of his establishment in the Netherlands;

      • 3 °. of the month in which the pensioner is entitled to a pensioner's pension, if the person entitled has settled in the Netherlands after 25 November 1975 and had not yet been entitled to a Surinamese pension at the time of his establishment;

      and with

    • b. the breakage of which the numerator is formed by the consumer price index in the month of payment of the guarantee pension, with the basis of the month of November 1975, the denominator of which is:

      • 1 °. 100, if the person entitled is established in the Netherlands before or on 25 November 1975;

      • The consumer price index is at the time of the month of establishment in the Netherlands, if the person entitled has settled in the Netherlands after 25 November 1975 and had already been entitled to a Surinamese pension at the time of its establishment in the Netherlands;

      • The consumer price index is at the time of the month in which the right to a Surinamese pension is obtained, if the person entitled has settled in the Netherlands after 25 November 1975 and has not yet been established in the Netherlands at the time of its establishment in the Netherlands. was entitled to a Surinamese pension.

  • 2 By way of derogation from paragraph 1, for the purpose of calculating the guarantee pension of the pensioner entitled to a Surinam survivor's pension following the death of a pensioner who is in the Netherlands before 1 May 1985, located, using the exchange rate referred to in the first paragraph, A , and the breakage as referred to in paragraph 1, under B , who applied or would have applied to the deceased person's guarantee pension.

  • 3 The part of the first paragraph A , below 2 °, and part A , in the case of exchange rates, referred to in point 3, it shall not exceed 0,672 and shall not be less than 0,505.

  • 4 Our Minister proposes the part of the first paragraph A , under 2 ° and sub-section A , at 3 °, fixed exchange rates, and the exchange rates specified in that paragraph B Those price indices.

  • 5 The Foundation, by way of derogation from the Civil Service Regulation 1972, will grant a two-month benefit in the event of the death of the pensioner only to his next of kin.


Article 4

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The amount of the guarantee pension of the person:


Article 5

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  • 1 The person receiving a guarantee pension and, despite the cession of his entitlement to Surinam's pension to the Dutch State receives the entire or partial amount of his pension from the Pension Fund of Suriname, acting accordingly Communication to the Foundation.

  • 2 The foundation shall reduce the guarantee pension payable by the amount received by the party to Surinam's pension.

  • 3 If the obligation under paragraph 1 is not fulfilled, the Foundation may declare the guarantee pension as a whole or a part of the guarantee lapsied.


Article 6

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To the extent necessary for the benefit of a guarantee pension and premium under the General Old-age Law and the General Survivors Act The Foundation shall grant a fee to the recipient in accordance with the provisions of this Article. Article 27, first to fifth paragraph, of the Indonesian Pensions Summary 1960 .


Article 6a

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  • 2 For the purposes of applying to or pursuant to this Law, the supplement under this Article shall not be included in a pension or benefit.


Article 7

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  • 1 This Act shall enter into force from the day following the date of issuance of the State Sheet where it is placed.

  • 2 This law shall revert to 1 January 1992 in respect of applications for guarantee pension rights which were lodged before 1 January 1994. In the case of applications for guarantee pension, which were submitted on or after 1 January 1994, the guarantee pension shall enter on the first day of the month in which the request was received by the Foundation.


Article 8

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This law is cited as: guarantee law, Surinamese pensions.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at Gravenhage, 9 December 1993

Beatrix

The Minister of the Interior,

C. I. Dales

Published on the 28th of December 1993

The Minister of Justice,

E. M. H. Hirsch Ballin