Law of 25 May 1962, establishing a Force of Civil Service Staff, intended for service in the Netherlands, New Guinea
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, as a result of the progressive development of the Netherlands-New Guinea, it is desirable to regulate the legal status of the Dutch, which is in the service of the public administration. operate or will be employed there;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 For the purpose of applying to or pursuant to this Act, the following definitions shall apply:
the Assistance Corps: the Assistance Corps in accordance with Article 2 ;
Our Minister: Our Minister of Home Affairs and Kingdom Relations;
the Governor: the Governor of Dutch-New Guinea;
Dutchman: Dutchman within the meaning of the law on the Dutch landscape and residence.
2 Unless otherwise apparent, members of the Corps have been included in this Act among members of the Corps of Assistance.
1 There is a corps of civil civil servants, which is intended for service in the Netherlands-New Guinea.
2 The members of the Assistance Corps are engaged in public service to be employed in Dutch-New Guinea.
3 They shall be appointed and dismissed by Us or by Our Minister as such, subject to or by virtue of general measures of management.
1 Only the Dutch can be appointed member of the Assistance Corps.
2 We may, in special cases, make others than Dutch members of the Assistance Corps.
1 The members of the Assistance Corps shall be placed at the disposal of the competent authority of the Netherlands-New Guinea, unless the appointing authority decides otherwise, in accordance with the provisions of the instrument of appointment as a member of the European Parliament. Assistance corps, to be appointed in the appropriate posts of the Netherlands-New Guinea.
2 Dismissal of the members of the Assistance Corps as a national servant does not also terminate the membership of the Assistance Corps, unless otherwise provided for by a general measure of management.
The rights and obligations of the members of the Assistance Corps shall be determined:
a. by what is determined by or under this law;
b. by the regulations, which relating to the in Article 4 shall be established.
1 In the case of, or under general management, the members of the Assistance Corps, the Central Commission for Organised Consultation in Civil Service, shall be subject to rules concerning:
a. Appointing, suspension and dismissal;
(b) appointing a provisional contest on appointment;
c. broadcasting and posting and related rights and obligations;
d. Wedde-which includes an allowance for expatriation-and allowances;
e. claims in the case of illness;
f. engaged outside Dutch-New Guinea by getting engaged;
g. claims in the case that the destination is due to expire in the Netherlands-New Guinea;
h. claims in the event of dismissal;
(i) the limitation of the cumulation of claims on the terms of competition, remuneration, allowances and other financial claims which the members of the Assistance Corps as such and by reason of the office of the Netherlands-New Guinea-are either in the same way as name or hold under other name;
j. establishment of a special committee of consultations in the Netherlands-New Guinea.
2 In the same way as provided for in paragraph 1, rules may be laid down for members of the Assistance Corps concerning elements of the legal position other than those referred to in that paragraph.
Under conditions to be determined by general management measure, members of the Assistance Corps may be required to operate temporarily outside the Netherlands-New Guinea.
Members of the Assistance Corps who belong to the sitting magistracy in the Netherlands-New Guinea, may, as long as they have such a function, be dismissed or dismissed as such at their own request as a member of the Assistance Corps. suspended. They may not be required to operate temporarily outside the Netherlands-New Guinea during that period. They shall not be able to withhold benefits under which the Article 6 grant equivalent rules to similar members of the Assistance Corps.
1 Taking into account, moreover, in this law, the members of the Corps, who were employed as a member of that corps, and their widows and orphans, as well as of the widows and orphans of fixed service, are appointed as members of the corps of the Corps. appointed members of the said corps, pensions and benefits awarded in accordance with the Order of 29 December 1958 ( Governorate of Governorate No. 83) established Pension Regulations of the Netherlands-New Guinea-further designating "the pension rules"-as it reads on the day of entry into force of this law.
2 For the purposes of paragraph 1, members of the Corps of Assistance, who are employed as members of that Corps, shall be designated as national servants within the meaning of the Pension Regulations.
3 The members of the Corps of Assistance are not as such an official as defined in the sentence of the Pensions Act 1922 ( Stb. 240).
1 The powers vested in or under the pension regulations to the Governor or other persons of authority in the Netherlands-New Guinea are exercised by our Minister.
2 Requests for the grant of a pension should be addressed to our Minister, on presentation of a statement to the effect that the person concerned is the pensions and benefits under the pension scheme applicable to the Dutch-New Guinea national servants; which are Article 21 is to be deducted in whole or in part, has applied for.
1 In case of application of Article 15 will be the the first paragraph of Article 6 Ed 'remuneration' shall be deemed to have been taken into account for the purpose of determining the pension base, which shall be taken into account until the date of entry into force of this Act, as provided for in the Pension Regulation Netherlands-New Guinea.
2 The pension base of a former member of the Corps of Assistance, which had not yet been appointed to a national servant, is considered to be the competition to which the right would be granted by appointment to a national servant.
The dismissal of a member of the Assistance Corps granted because his intended use in the Netherlands-New Guinea expires exclusively for the service of the service, is to be regarded as a dismissal, as provided for in Article 9 (4) of the Pension Regulation.
1 This law only grants pensions to the person who, on the day on which the right to a pension arises, is a Dutchman.
2 A pension granted under this Law shall lapse if the pensioner is no longer Dutchman.
In the case of application of the second paragraph of Article 3 the former member of the Corps of Assistance, which, on the date of the entitlement to a pension, holds the same nationality as when he was appointed member of the Corps of Assistance, and to the survivors of a deceased member or former member of the Assistance Corps who, on that day, have the same nationality as that Member or former member on appointment as a member of the Assistance Corps.
4 In the case of application of the third paragraph, a pension granted under this Law shall lapse if the pensioner no longer has the nationality referred to in that paragraph, unless the person concerned has become a Dutchman.
5 Our Minister may, in agreement with Our Ministers of Finance and Social Affairs and Public Health in special cases, provide that the right to grant a pension or to grant a pension is to be maintained after the Nationality.
6 For the purposes of this Article, statelessness shall be deemed to be a foreign nationality.
The financial claims of the members of the Assistance Corps arising from the provisions of Article 6 shall be determined, as well as pensions and benefits granted under this Law, to be charged to the budget of the budget.
1 In respect of pensions and benefits, Article 15 , shall be deducted the equivalent value in euro of the pensions and benefits received by the interested parties under the pension scheme applicable to national servants of the Netherlands-New Guinea.
2 If under Article 15 Where a pension is calculated for a shorter period of pension than the pension to which the person concerned is entitled under the pension scheme applicable to the servants of the Netherlands-New Guinea, it shall be deducted only from that part of the pension scheme. of the pension received under the latter scheme, which relates to the part of the pension service period of that pension, which is covered by the pension schedule of the pension under the pension scheme, Article 15 .
3 General surcharges and reductions in pensions shall be taken into account for the purposes of this Article.
If the third party does not receive a pension or benefit under the pension scheme applicable to the servants of the Netherlands and New Guinea, and no such certificate was produced by him as intended for the purpose of the pension Second paragraph of Article 16 , shall be credited to the pension and benefit under the conditions of Article 15 , to be deducted, which would have been deducted, if the Article 21 Application could have been applied.
1 On pensions awarded under Article 15 , are, in the case of a simultaneous entitlement to pension under the General Old-age Law or the General Survivors Act , the Laws of 20 December 1956 ( Stb. 616) and 23 September 1959 ( Stb. 340), mutatis mutandis, subject to the following:
a. for the application of these laws to multiply the pension service time by 8/5, up to a maximum of 40 years, and for the application of the former law thereafter to be reduced by the time during which no later than 1 January 1957 premium has been payable under the General Old-age Law ;
(b) that Article 3, fourth and fifth paragraph, of the Law of 20 December 1956 ( Stb. 616), and Article 14 of the Law of 23 September 1959 ( Stb. 340), if the other pension referred to therein is a pension as provided for in Articles 1 and 7 of the Law of 20 December 1956 (2), Stb. 616), in Articles 1 and 24 of the Law of 23 September 1959 ( Stb. 340), or in Articles 1 and 8 of the Law of 31 January 1957 ( Stb. 30), or a pension as defined in Article 2, first paragraph, point C and Ed , from the Toeslagwet Indonesian Pensions Act 1956 ( Stb. 1957, 319).
2 [ Red: Expated.]
3 The provisions of this article remain outside of application to those who, on the grounds of objections, claim their claim for benefit on the basis of General Survivors Act do not make it valid.
1 Dutch, who, at the time of the entry into force of this Act, are employed by the Governorate of Dutch-New Guinea, other than on a contract of employment, and to whom the 'Remuneration Scheme Landsdienaren-Netherlands-New Guinea 1957' ( Governorate of Governorate No. 24) shall be deemed to have been appointed at that time as a member of the Assistance Corps.
2 The in Article 6 shall adopt a general measure of management as provided for in the first paragraph.
In the application of Article 15 on the members of the Corps of Assistance, who, by virtue of the provisions of the the first paragraph of Article 25 of the Corps and of their widows and orphans as well as on the widows and orphans of members of the Assistance Corps, who were members of the Assistance Corps under the above provision, is the Ordinance of 29 December 1958 ( Governorate of Governorate no. 83), as it stands on the day of entry into force of this Law, shall apply mutatis mutandis.
1 The pensions to be charged to the budget of the Netherlands-New Guinea, which were granted before the date of entry into force of this Act to them, which on that day are Dutchman, shall be deemed to be granted under this law.
2 On the basis of this law, pensions shall be granted to former servants who, before the date of entry into force of this Law, are dismissed with a view of retirement from the budget of the Netherlands-New Guinea and their widows and pointed out that if interested parties were born on the day at which the pension is to be chargeable to that budget, Dutchman is a citizen.
1 The State reimburses the boards of special education the claims of their staff, for which the budget of the Netherlands-New Guinea grant is financed and that Dutchman is, which correspond to: which derives from, or would derive from, public education in accordance with the provisions of public education, Article 6 shall be established.
2 Staff referred to in paragraph 1 shall be employed by institutions of special education for the purposes of the application of the Articles 15 to 19 and 21 to 24 be deemed to be a member of the Assistance Corps.
3 On the basis of this law, pensions shall be granted on the date of entry into force of this Act with a view of pension payable to the budget of the Netherlands-New Guinea dismissed as referred to in the first paragraph and to the Widows and orphans of such staff, where the persons concerned are nationals of the day on which the pension is incurred by that budget, Dutchman.
Our Minister and our Minister of Finance may, by way of a joint decision and subject to conditions to legal persons, pay a corresponding fee as referred to in the first paragraph of Article 28 (i) award of staff entitlements, the remuneration of which is paid from the public purse of the Netherlands-New Guinea and which is a Dutchman. In doing so, it may the second and third paragraph of Article 28 shall be made applicable mutatis mutandis.
The provisions of Title II of the Civil Service Act 1929 shall apply mutatis mutandis to the wedges and allowances, as well as to pensions, to which the members of the Assistance Corps, or their widows and orphans, are entitled under this Act and under this Act.
In the case of the State, the married woman shall have on his own account the competition and pension or the pension payable to it by the State as a member or as a former member of the Assistance Corps.
Our Minister may, in agreement with our Minister of Finance in special cases, be the Article 27 , the First and third paragraph of Article 28 , and Article 29 declare applicable to others than the Dutch.
This law shall enter into force with effect from a time to be determined by Us.
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, 25 May 1962
The Minister of the Interior,
E. H. TOXOPEUS.
The Secretary of State for Internal Affairs,
Th. H. BOT.Issued the 12th of June 1962.
The Minister of Justice,
A. C. W. BEERMAN.