Law of 26 November 1992, laying down rules for the establishment of the Foundation for the Development of the Foundation
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 need to privatise the Rijks Training Institute and to establish a legal person governed by private law, for which it is necessary to have legal rights under the law of the Member State. Article 29 of the Comptability Act is required;
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:
For the purpose of this Act:
a. Our Minister: Our Minister of Internal Affairs;
b. the transitional date: the date of establishment of the Stichting ROI;
c. the Foundation ROI: the foundation meant in Article 2 ;
d. The staff member: the person who, on the day before the transitional date, is employed by the ROI, either as an official or a contract of employment under civil law.
1 Our Minister is hereby authorized to set up, on behalf of the State of the Netherlands, the Foundation for the Vocational Training Institute (ROI), which is designed to provide training and training services in the most comprehensive sense of the word, In addition to the continuation of the service provided for the creation of the 'Stichting ROI' by the Rijks Training Institute.
2 A member of the Board of the Foundation for ROI is nominated by Our Minister and appointed as such by the Board.
3 A decision of the Board of Directors of the Foundation for the Development of the Foundation for the Change of the Purpose of the Foundation or the dissolution of the Foundation shall be subject to the consent of Our Minister.
The State of the Netherlands shall, for a period not exceeding five years after the transitional period, make use of any operating deficits of the 'Stichting ROI', under conditions to be determined by our Minister.
1 The assets of the State which are allocated to the Rijks Training Institute shall, on the transitional date, proceed under a general title to the Foundation for the Development of the ROI.
2 Our Minister may exempt certain assets from the transition referred to in paragraph 1.
3 Our Minister of Finance does the assets referred to in paragraph 1 by a registered accountant or an auditor who has a licence as referred to in Article 70. B , first paragraph, introductory wording and B , from the Law on the Registers Accountants ( Stb. 1962, 258), a statement which is lodged by the Foundation for the ROI of the Commercial Register of the place where it has its seat in accordance with its Statute.
4 In respect of the assets referred to in paragraph 1 which have been published in public registers, a change in the conditions of such records shall be carried out. The necessary declarations shall be made by the care of our Minister of Finance to the depositaries of the registers concerned.
1 Each staff member in respect of whom Our Minister has not decided otherwise shall be employed by the Foundation for the ROI of a contract of employment under civil law, as from the date of transition.
2 The contract of employment applies for an indefinite period. If the staff member had been employed in temporary employment for an indefinite period of time or worked on a fixedterm contract, the contract of employment of the non-expired period of time of appointment shall be valid for a specified period of time or from the employment contract. employment contract for some time.
3 The contract of employment is a function which corresponds as far as possible to the function which the staff member was last employed in the Office of the Rijks Training Institute.
4 The conditions of employment shall not be less favourable at all than those applicable to the staff member by virtue of his employment at the Rijks Training Institute. Our Minister is making detailed rules.
5 The staff member shall be discharged from the service of the State by means of the contract of employment of the staff member.
6 By way of derogation from paragraph 1, no contract of employment shall be established with a staff member who, within one month of the entry into force of this law, has informed our Minister that it has objections to the transfer in the Member State of the Member State concerned. service to the ROI Foundation, unless it has withdrawn the objections before the transitional date. Our Minister proposes further rules on the examination of objections. Our Minister decides on the objections.
7 If our Minister for the transitional date declares the objections unfounded, unless the staff member makes known to Our Minister within a week of notification of the decision, it shall be a contract of employment on the basis of transitional date, or, if the end of that week is after the transitional date, on the first day of the following month.
8 If, before the transitional date, our Minister for the Transitional Date is fully or partially justified, he may decide that the staff member will not be in charge of the ROI Foundation. If our Minister has not made such a decision, unless the staff member makes known to Our Minister within one week of notification of the decision, it will not be a contract of employment. transitional date or, if the end of the week falls after the transitional date, on the first day of the following month. The content of that contract of employment is in accordance with the decision of Our Minister.
9 If the staff member withdraws objections on or after the transitional date, a contract of employment shall be established on the first day of the following month.
10 If, on or after the transitional date, Our Minister declares the objections to be unfounded, unless the staff member makes known to Our Minister within a week of notification of the decision, it shall be a contract of employment. on the first day of the following month.
11 If, on or after the transitional date, our Minister makes all or part of the objections justified, he may decide that the staff member will not be employed by the Foundation for the ROI or on the ROI of the Foundation for the Remuneration Of The Staff to offer a contract of employment, the content of which is in accordance with its decision.
1 With effect from the date of transfer of the staff, a staff member with whom an employment contract is referred to in the Article 5, first paragraph , has been closed, with regard to old-age and survivors 'pension claims, to a body to be referred to by the Foundation for' ROI ' as referred to in Article 3 (1) of the Treaty. Article 1, first paragraph, point B Or under C , from the Pensions and Savings Act ( Stb. 1952, 275), which are equivalent to those which the staff member has on the last day of the calendar month prior to the transitional date to the General Civil Pension Act ( Stb. 1986, 540), and takes on the designated institution the related obligations.
2 The institution referred to in paragraph 1 shall be designated by the 'ROI' Foundation on the transitional date.
3 Claims that a staff member referred to in paragraph 1 above, by virtue of the General Civil Pensions Act and the resulting obligations of the General Civil Pension Fund, shall cease to apply to that member of staff to the staff member Transitional date.
4 The third paragraph shall not apply to claims
a. which may have been made, or could have been made, by a staff member before the transitional date;
(b) relating to the right to an invalidity pension and the right to supplement thereof, as referred to in Article F9 of the General Civil Pensions Act, of a member of staff who, on the day prior to the transitional date, appears to be a Medical examination as referred to in Chapter P of the General Civil Pensions Act, because of sickness or defects being permanently unfit to perform his function, but on which no decision has yet been taken by the administration of the General Civil Pension Act. Pension fund was taken.
5 The first, third and fourth members shall apply mutatis mutandis to the staff member who, on the grounds of the Article 5, seventh to the eleventh member , after the transitional date, will be transferred to the 'ROI' Foundation, with the proviso that the claims arising shall cease to be incurred as from the day on which the staff member is employed by the Foundation for the ROI of the Foundation.
6 The administration of the General Civil Pension Fund shall transfer to the institution referred to in the first and second paragraph a part of the capital of the General Civil Pension Fund. Part of the transfer shall be determined on the basis of entitlement to a retirement pension built up by a staff member under the General Civil Pensions Act until the day preceding the date of a pension. taking up the WROI Foundation. The total transfer order includes a share of the provision for survivors ' pensions and the general reserve, in accordance with a general pension fund, to be set up by the General Civil Pension Fund. accrued-claims-balance sheet. The capacity to be transferred has the same return potential as the remaining assets of the General Civil Pension Fund.
7 By way of derogation from paragraph 6, the part of the transfer shall be that relating to a member of staff who, prior to the date of taking up his duties, has been declared unfit for his or her illness or defect before he has previously completed his or her duties. function, a percentage of the amount calculated in accordance with the sixth paragraph in respect of that staff member, equal to the percentage of his remaining employment.
8 For the purpose of determining the financial consequences for the General Civil Pension Fund of the lapse of obligations to the member of staff who have resigned under the third paragraph and of the transfer of value under the sixth paragraph, the General civil pension fund a calculation of the value transfer if it were based on the expenses-min-benefits. To this end, a balanced cost-and-benefit balance shall be drawn up for the staff member before the transitional date. As a basic contribution rate, this balance sheet is retained as a percentage which in the future is necessary to cover the outstanding pension rights as a result of the General Civil Pension Act, without taking into account the provisions of the General Civil Pensions Act. with future inflation. The catch-up rate is used to balance the burden and benefit balance of the fund.
9 The difference between the value transfer under the sixth paragraph and the cost-min-benefit result pursuant to paragraph 7 shall be settled between the General Civil Pension Fund and the Minister of Internal Affairs.
In respect of the acquisition of the assets of the State, Article 4 , and the transfer of wealth from the General Civil Pension Fund to the institution designated by the Stichting ROI as referred to in Article 6 (6) , the levy of transfer tax is omitted.
This Act shall enter into force on a time to be determined by Royal Decree.
This law can be cited as the Law Foundation ROI.
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, 26 November 1992
The Minister of the Interior,
C. I. DalesPublished on 22 December 1992
The Minister of Justice,
E. M. H. Hirsch Ballin