Key Benefits:
Law of 6 May 1971 on the adjustment of daily wages to the incapacity for work of incapacity for work under the transitional insurance scheme for incapacity for work
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 it would be desirable to lay down rules on the adjustment of daily wages to the benefit of incapacity for work carried out under the conditions laid down in this Article. Transitional incapacity insurance scheme base;
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 purposes of this Act and of the acts adopted in its implementation, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Public Health;
(b) incapacity benefit: a disability benefit granted under the conditions of the Transitional incapacity insurance scheme .
In respect of the person whose incapacity benefit has been calculated to a lower daily than the daily wage of the day, Article 3 , if and as long as he is entitled to that incapacity benefit for periods of time after 30 June 1971, it shall be Article 3 That dagloon was based on his incapacity benefit.
1 Taking into account the provisions of the following paragraphs, as provided for by the Implementing Institute, the employment insurance system shall lay down the conditions for the incapacity for work:
a. for the person receiving benefits on 30 June 1967 under an extended sickness insurance scheme extended by the business association: 106: 100 times the dagloon, which was based on the calculation of that extended sickness benefit;
b. for the person who did not receive an extended sickness benefit on 30 June 1967: 106: 100 times the amount of the salary to be paid up to an amount per day, that on the application form for an invalidity pension under the Invalidity Act, or a benefit under the Interim law invalidity benefit business was mentioned as his or her wage or salary of a similar worker;
c. for the person, in respect of whom a given as intended A or B is absent: the amount of paid repayments per day, which has been used by the Implementing Institute for the insurance of workers in determining the degree of incapacity for work or the amount of the wage relent per day, that the person concerned is concerned that a person like him may reasonably be regarded as having been able to earn an average of his/her invalidity at the time of the act of his invalidity.
2 If the daily basis for the calculation of an incapacity for work, or which is based on the preceding paragraph, is calculated on the basis of the amount determined by virtue of the first member of the Article 9 of the Coordination Law Social Insurance As that article was set out on 30 June 1967, this dagloon shall be reestablished taking into account the provisions of the previous paragraph and of the provisions of the first paragraph of Article 6 (1) of Article 17 of the Social Insurance Financing Act of the said amount, possibly increased or reduced on the basis of Article 18 of that Act .
3 It shall be increased or reduced in accordance with the provisions of the preceding paragraphs, depending on the evolution of the index of wages in the period between the date of the day when that day may be deemed to be be calculated and the last revision, which shall be the daily wages in accordance with the provisions of Article 15 of the Incapacity Insurance Act to have undergone, in general or before 1 July 1967, if the date specified above would have been affected by the Incapacity for work insurance had already entered into force at that point in time.
4 The Insurance Institution shall be empowered to provide detailed rules for the implementation of the provisions of the preceding paragraphs and, where appropriate, different rules. In those rules, the Implementing Institute may lay down wage classes and specify which dagloon in the classes of pay for the calculation of the disability benefit must be laid down. The Implementing Institute may also determine the percentage of increases or reductions referred to in the third paragraph.
5 If, having regard to the provisions of the preceding paragraphs, it shall exceed seven guilders in excess of the dagloon before the application of those provisions to the incapacity for work, the No account was taken.
6 In the case of a general measure of management, the amount referred to in paragraph 5 may be increased as from a date to be fixed in so far as social economic circumstances permit the assessment of our opinion.
1 In so far as this law or its implementing acts do not derogate from it, the provisions of the Transitional incapacity insurance scheme and of its implementing decisions, taking into account the amendments, which shall be the subject of progress, shall apply mutatis mutandis to the arrangements laid down in this Act and its implementing acts.
2 The provisions of the Articles 2 and 3 of this Act does not find application in the cases, intended Article 20, first paragraph, of the transitional occupational incapacity insurance scheme , subject to and pursuant to the second paragraph of that Article.
A review of the daily dagloon as intended Article 3 takes place of its own motion.
1 If an interested party is unable to reconcile itself with a decision taken by the Implementing Institute on the basis of the specific decision taken in respect of and under this law, he may decide that decision within one month of the date of the adoption of the decision. send a ruling to the Arbitration Committee, which is intended to be sent to the Commission of the European Communities Article 8 , which makes a binding, a party binding.
2 In respect of a decision as referred to in the preceding paragraph, the decision shall remain: Chapter VII of the Disability Insurance Act (Wet op de Disability) external application.
1 There is a Commission of Arbitration, which has its registered office at the Chambers of the Insurance Institution.
2 The Commission as referred to in paragraph 1 shall consist of a chairman and two members, as well as of a deputy chairman and two alternate members.
3 The President and the deputy chairman shall be appointed by Our Minister, upon nomination of the Implementing Institute for Workers ' Insurance.
4 A member and an alternate member are appointed by the organizations of employers as referred to in Article 16, third paragraph, of the Law structure implementing organisations work and income and one member and an alternate member by the organizations of employees as referred to in Article 16, third paragraph, of the Law structure implementing organisations work and income .
5 The President, the Members, the Deputy Chairman and the alternate members of the Commission may, in accordance with the rules laid down by the Implementing Institution, arrange for compensation in addition to a fee for travel and travel. Accommodation costs shall be granted.
6 A decision of the Commission shall be notified to the parties in writing.
7 Each person shall be required to supply to the Commission, or to any person authorised by the Commission, the information and information required of him for the purpose of carrying out the Commission's task, and to have inspection of the information required. in books and other documents, in so far as they relate to the labour and pay of a person who has worked for him in his employment or other employment.
8 The Staff Regulations Implementing Institute may lay down detailed rules for the operation of the Commission.
9 In the case of a general measure of management, more committees as referred to in paragraph 1 may be set up.
The costs associated with the implementation of this Law shall be borne by the Incapacity Fund.
Our Minister will arrange what is required for the implementation of this law.
This law may be cited under the heading 'Law adjusting daily wages and transitional insurance against incapacity for work'.
This Law shall enter into force from 1 July 1971.
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.
Issued at Paleize Soestdijk, 6 May 1971
JULIANA.
The Minister for Social Affairs and Health,
B. ROOLVINK.
Issued the first June 1971.The Minister of Justice,
C. H. F. POLAK.
