Key Benefits:
Act of 16 December 2004, establishing the Social Insurance Financing Act (Import Law, Social Insurance Financing Law)
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 have taken into consideration the desireation of the introduction of the Social insurance financing law and to deal with certain related issues, including the withdrawal of, inter alia, the Public insurance financing 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:
In the Chapter 3 and 4 This law and the provisions based thereon shall mean:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. UWV: the Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. SVB: the Social Insurance Bank, mentioned in Chapter 6 of the Act implementing organisation of work and income ;
d. College healthcare insurance: the College of care insurance, named in Chapter IA of the Hospital Law ;
e. employee: the worker in the sense of the Unemployment law , the Disease law , the Law employment and income to work or the Incapacity for work insurance ;
f. Employer: the employer in the sense of the Unemployment law , the Disease law , the Law employment and income to work or the Incapacity for work insurance ;
g. Inspector: the official of the State Revenue Service, designated as such under the control of our Minister of Finance.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
1 With regard to the financing of the General Old-age Law , the General Survivors Act and the General Law Specific Health Costs in the calendar years, situated before the date of entry into force of the relevant provisions of this Act, the law as it applied before that date shall continue to apply.
2 With regard to the financing of the Unemployment law , the Disease law , the Incapacity for work insurance and the Sickness fund law in the calendar years, situated before the date of entry into force of the relevant provisions of this Act, the law as it applied before that date shall continue to apply.
1 The general measures of administration listed below and the provisions based thereon shall be based on the date of entry into force of the relevant provisions of the Social insurance financing law or, in addition, to the articles of that law mentioned in each of those measures:
a. the Act of voluntary insurance AOW and ANW 2001 and the Voluntary insurance decision AWBZ : Article 71 ;
b. Decision financing implementing organisation Special sickness insurance : Article 91 ;
c. Eligibility premium rate decision fixing rate : Article 28, first paragraph ;
d. Calculation of the payment of the holding funds : Article 28, second paragraph .
2 The following ministerial arrangements shall be based on the date of entry into force of the relevant provisions of the Agreement. Social insurance financing law or, in addition, to the articles of that law which have been mentioned each time by those regulations:
a. the Premium to the Public Insurance Premium levy 2002 : Article 13 ;
b. the Current account-current social security ratio : on the Articles 119 and 120 ;
c. the Classification of business and working life in sectors : Article 95 ;
d. the WAO Premium Discount Scheme : Article 55, first paragraph ;
e. the Reimbursement of contributions Tax remigration law : on the Articles 102 and 110 ;
f. the Financing scheme General Child Allowances Law , the Financing of the Fund and the Fund for the Handicapped Young Handicapped and the Financing arrangements Chapter 7 Wet labour and care 2004 : Article 122 ;
g. the Reserve formation scheme General unemployment fund 2002 and the Reserve system reserve system reserve funds 2002 : Article 120, eighth paragraph .
3 Policy rules adopted by the SVB regarding powers on the basis of the Public insurance financing law shall become applicable as from the date of entry into force of the relevant provisions of the Social insurance financing law Qualified as policy rules in respect of the corresponding powers under the latter law .
4 Policy rules adopted by the College of Health Care Insurance on the basis of the Public insurance financing law shall become applicable as from the date of entry into force of the relevant provisions of the Social insurance financing law Qualified as policy rules in respect of the corresponding powers under the latter law .
5 The UWV on the grounds of Article 97n of the Unemployment Act Set-off system of funds transfer funds and on the basis of 116, first paragraph, of that Act Approval granted by Our Minister shall be based on the date of entry into force of Article 98 of the Social Insurance Financing Act On last article .
1 The decisions taken by the UWV, the SVB, or the SVB, on the date of entry into force of the relevant provisions of that law, on the basis of a legal provision adopted by the Commission, the entry into force of the relevant provisions of the Social insurance financing law and of this law shall be dilapiated and which relate to, or include, a period of time, situated after the date of entry into force of the relevant provisions of this Act, shall remain in force after that date.
2 To the decisions referred to in paragraph 1, the decisions taken by the UWV shall be taken on the basis of the provisions laid down below and which shall, as from the date of entry into force of the relevant provisions of this Regulation, be taken into account. Law apply as a disposition, taken on the basis of the article, the articles or the paragraph of the Social insurance financing law which has been mentioned:
3 To the decisions referred to in paragraph 1, the decisions taken before the date of entry into force of the relevant provisions of this Law by the UWV shall also be taken on the basis of the provisions of this Act. Unemployment law , the Disease law or the Incapacity for work insurance which relate to, and which relate to, a period of time after that date.
1 The UWV, the SVB and the Executive Board of the College of Health and Health, shall have jurisdiction to decide on a statement of objection lodged before the date of entry into force of the relevant provisions of this Act against a decision such as that of the Intended in Article 44 and on which it has not yet been decided on that date, with the application of the law as it applied before that date.
2 By way of derogation from the first paragraph, the inspector shall have jurisdiction to decide upon a statement of objection lodged after the date of entry into force of the relevant provisions of this Act and relating to a decision of the UWV as Intended in Article 44, second and third paragraphs . Any Objection referred to in this paragraph shall be subject to the application of the law as it applies from the date of entry into force of the relevant provisions of this Act.
1 On appeal against a statement of objection by the UWV, the SVB or the College of Health Insurance upon which a ruling has not yet been delivered on the date of entry into force of the relevant provisions of this Law, is decided by the judge Where the action is pending. As regards the appeal, and in respect of appeal against a judgment of the court applying this paragraph, the law as it applied before the date of entry into force of the relevant provisions of this law shall remain in force. Application.
2 On the appeal filed after the date of entry into force of the relevant provisions of this Act against a ruling on a Objection of the UWV on a disposition as referred to in Article 44, second and third paragraphs , the law as it is applicable after that date shall apply. The previous sentence shall also apply in respect of an appeal against a judgment of the Court of Justice in application of this paragraph.
3 In administrative proceedings as referred to in the second paragraph, the inspector shall act as a party to the place of the UWV.
1 In a case before the date of entry into force of the relevant provisions of this Act to the UWV, the SVB, the College of Health Insurance (SVB), has submitted an application for the provision of a decision on the basis of a legal provision which is due to the entry into force of the relevant provisions of the Social insurance financing law and it shall expire and which relates to, or relating to, a period of time, situated after the date of entry into force of the relevant provisions of this Law, after that date, the UWV shall, after that date, be the SVB, (b) The College of Health Insurance shall decide on the application of the law as it applies to that date.
2 The Articles 44 , 45, second member , and 46, second paragraph , shall apply mutatis mutandis to a decision referred to in the first paragraph.
1 The Public insurance financing law shall be withdrawn.
2 The Marginal Labour Premium Regime shall be withdrawn.
3 The Coordination Law Social Insurance shall be withdrawn.
The Social Insurance Bank shall transfer the amount of the benefit under the General Survivors Act On the basis of Article 18 of that Act is not paid in connection with the receipt of income as a substitute, and is charged to the Survivors Fund for the duration of the period under which the income is Article IXa of the Law of 28 April 2005 amending the Law of Labour and Care and any other laws in connection with the implementation of a right to long-term care leave and the provision of some improvements (Stb. 274) is a financial concession on the basis of: Chapter 7 of the Law of Work and Care , on to the Employee Insurance Implementation Institute in favour of the General Unemployment Fund.
As long as Article 27 of the Treaty of 5 June 2001 in Luxembourg provides for the avoidance of double taxation between the Kingdom of the Netherlands and the Kingdom of Belgium and the avoidance of tax on taxes to the income and to the assets, with Protocols (Trb. 2001, 136), notification is made of the Public insurance financing law , the public insurance premium for the purposes of that article is deemed to have been levied under the Public insurance financing law As it was the law of the day before the entry into force of the Article 48, first paragraph -From this law.
By arrangement of Our Minister and Our Ministers of Finance and of Health, Welfare and Sport, in order to ensure the proper introduction of the Social insurance financing law rules shall be laid down, which may, where necessary, derogate from the provisions of and under that law, this law and the laws which are amended by this law. A ministerial arrangement, as referred to in the first sentence, shall not be set at two weeks after presentation to the two Chambers of the States-General.
1 If it appears that the administrative obligations on the ground of Article 59 of the Social Insurance Financing Act in connection to the Act on payroll tax 1964 and the General Law on State Taxation -or that the police administration, in accordance with the rules of the Article 33 of the Act implementing organisation of work and income , or the insurance administration, referred to in Article 35 of that Act , still cannot fully function, our Minister ' s arrangement, in agreement with our Minister of Finance and Our Minister of Health, Welfare and Sport, may be determined that, by way of derogation from the Royal Decree on the ground Of Article 52 certain provisions and provisions based thereon until 1 January 2008 at the latest, such as those provisions adopted on the day prior to the date of the Royal Decree on the basis of Article 52 for the relevant provisions, date fixed, retain their gelding after that date:
a. Article 10, second paragraph, of the Coordination Law Social Insurance ;
c. Article 58, second paragraph, of the Act implementing organisation work and income ;
ed. Article 33 of the Act implementing organisation of work and income ;
e. Article 35 of the Act implementing organisation work and income .
2 The application of subparagraphs (a), (b) and (c) of paragraph 1 may be limited to categories to be referred to in the scheme under that paragraph.
3 If application is given to the first paragraph, the following Articles and the following provisions shall remain in force for the duration of that application:
(a) in so far as it concerns paragraph 1 (a): Article 17a of the Coordination Law Social Insurance ;
b. As far as the first paragraph is concerned, part b: Article 68 of the General Law on State Taxation ;
(c) in so far as it concerns the first paragraph, part c: Article 55, third paragraph , 58, 1st Member , 59 , 60 , 77, first and second members , and 84 of the Act implementing organisation work and income .
4 By arrangement of Our Minister, in accordance with Our Ministers of Finance and of Health, Welfare and Sport, further rules may be made in relation to this Article.
5 By Royal Decree, the date of 1 January 2008 referred to in paragraph 1 may be later than the date set out in paragraph 1.
For the placement in the Official Gazette, Our Minister brings the citations of the articles, paragraphs, sections and chapters of the Social insurance financing law that is contained in this Act and in the laws amended by this Act in accordance with the laws of the Article 126 of the Social Insurance Financing Act established new numbering of that law.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for different articles or parts of such articles.
This law is cited as: Entry into law Law financing social insurance.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 16 December 2004
Beatrix
The Minister for Social Affairs and Employment,
A. J. de Geus
The Secretary of State for Social Affairs and Employment,
H. A. L. van Hoof
The Secretary of State for Finance,
J. G. Wine
The Minister for Health, Welfare and Sport,
J. F. Hoogervorst
Published the third of February 2005The Minister of Justice,
J. P. H. Donner
| Chapter 1 Definitions |
1 |
| Article 1 General concepts |
1 |
| Chapter 2 Amendment of other laws |
2 |
| § 1 Social Affairs and Employment |
2 |
| Article 2 Unemployment law |
2 |
| Article 3 Law on incapacity for work |
7 |
| Article 4 Health Act |
10 |
| Article 5 Law structure implementing organisation work and income |
13 |
| Article 6 General survivor's law |
21 |
| Article 7 General Oldage Law |
22 |
| Article 8 Law of work and care |
23 |
| Article 9 Law on incapacity for the self-employed persons |
24 |
| Article 10 Law on works councils |
25 |
| Article 11 Act of non-nationals |
25 |
| Article 12 Toeslagenlaw |
26 |
| Article 13 Law on the (re) integration of the disabled |
26 |
| Article 14 Law on incapacity for work young people with disabilities |
27 |
| Article 15 Act effects bride-up benefit schemes |
28 |
| Article 16 Law of contributions differentiation and market functioning in the case of incapacity for work |
28 |
| Article 17 Law on incapacity for work soldiers |
28 |
| Article 18 Law adjustment day wages Act transitional insurance against incapacity for work |
28 |
| Article 19 Law co-financing additional incapacity for work |
29 |
| Article 20 Liquidation law accident laws |
29 |
| Article 21 Transitional provisions of the transitional provisions |
29 |
| Article 22 Civil Code |
29 |
| Article 23 Law reduction of sickness absence |
30 |
| Article 24 Code of Commerce |
30 |
| § 2 Finance |
30 |
| Article 25 General Law on State Taxation |
30 |
| Article 26 Law on payroll tax 1964 |
31 |
| Article 27 Invorting law 1990 |
35 |
| Article 28 Income tax law 2001 |
36 |
| Article 29 Income tax law, 1969 |
38 |
| § 3 Health, Welfare and Sport |
38 |
| Article 30 The law on sickness fund |
38 |
| Article 31 General Law Particularly Health Costs |
41 |
| Article 32 organ donation law |
42 |
| Article 33 Law on health care |
42 |
| Article 34 Wet hospital facilities |
42 |
| § 4 Justice |
43 |
| Article 35 General administrative law |
43 |
| Article 36 Professional law |
43 |
| § 5 Home Affairs and Kingdom Relations |
43 |
| Article 37 Law of the KNIL professional military |
43 |
| Article 38 Act of non-compliance with the law of the KNIL service |
43 |
| Article 39 Law on legal provision of disaster relief measures |
43 |
| § 6 Defence |
44 |
| Article 40 Exclusion law accommodates two to five-year service time veterans |
44 |
| Article 41 Financial compensation for long-term military service |
44 |
| Chapter 3 Transitional duty |
44 |
| Article 42 Transitional law |
44 |
| Rule 43 Lower regulation |
44 |
| Article 44 Validity of decisions |
45 |
| Article 45 Notify of the procedures |
46 |
| Article 46 Action, appeal and party replacement |
46 |
| Article 47 Processing pending applications |
46 |
| Chapter 4 Other and final provisions |
47 |
| Article 48 Repeal laws |
47 |
| Article 49 Regulatory power |
47 |
| Article 50 Temporary enforcement of information obligations and administrations |
47 |
| Article 51 Numbering |
48 |
| Article 52 Entry into force |
48 |
| Article 53 Title |
48 |
