Law of 22 December 1993, laying down the Law on gross excess payment of wages
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 the view that it is appropriate to provide for an increase in the salary to compensate for the expiry of the overheveler payment;
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 the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Overhevelment Payment: The transfer payment referred to in Article 1 of the Overhevelment Payment Surcharge and in Article 3 of the Adjustment Benefit Schemes transfer repayments;
c. Due year: under Article 9 fixed year starting from which the obligation to pay a transfer payment shall be cancelled.
1 The premium rates applicable to the calculation of the surplus premium for 1995 are, by way of derogation from Article 2 of the Adaptation Act, derived from and at the same time set up the premium for storage premiums Premium rates for 1994.
2 The calculation of the excess payment shall be subject to derogation from Article 1 (2) of the Overhevelment Payment Surplus Payment and Article 2 of the Adjustment Schemes for the transfer of storage premiums. in respect of the 1996 and subsequent general measures of management, in accordance with the following paragraphs. In so doing, this percentage may be set differently for different categories of content-based individuals or persons.
3 Based on the prior determination of the percentage of the transfer payment, changes shall be made to that percentage in accordance with the burden development under the long-term care insurance scheme and the general interest rate. the insurance of incapacity for work in 1995 and subsequent years.
4 Further amendments may be made to the following percentage:
a. To prevent other legal measures from leading to a shift of financial burdens between employers and employees;
b. to ensure that a change in the financial burden resulting from other legal measures is balanced between employers and employees;
c. to reduce the financial burden for employers, to be funded from the space available under the policy aimed at low-cost lighting.
5 Before a nomination to be made to a general measure of management as referred to in paragraph 2, our Minister shall communicate the commercial content of the proposed decision to the two Chambers of the States-General. The nomination of the measure may be made after a period of 10 days after the date of that communication.
6 A measure referred to in paragraph 2 shall enter into force as from 1 January. A decision to determine the excess payment as at 1 January of the year of due year shall be determined, preferably at the same time as the transfer payment for the year preceding the year of the lapse, taking into account: the burden-offsets and changes as they are expected to result from legal measures that will enter into force no later than 1 January of the due year. However, subsequent determination may take place where there are particular reasons for doing so.
1 The person on whose earnings in the year preceding the due year due to a withholding agent Chapter II of the Public Insurance Financing Act With effect from 1 January of the due year in respect of this withholding right, the amount of the premium paid for the public insurance scheme or the contribution replacement payroll tax is to be paid out to an increase in the amount of the salary to be paid out on a payment deadline. This right shall lapse as soon as it has been derogated from in accordance with Article 8 of this Article.
2 The amount of the increase shall be equal to a percentage to be fixed by ministerial arrangement on the salary relating to the period of payment within which 1 January of the year of maturity falls, but shall not exceed, on an annual basis, a maximum of one of the rates of payment of the amount of the aid. Amount. The maximum amount is to be reduced proportionately in the case of a period of work which is less than the working time which, as a general rule, is generally considered to constitute a full service. The percentage and maximum amount are derived from, and at the same time established by, the determination of the excess payment for the year preceding the year of maturity or the fixing of the transfer payment by 1 January of this year. the year of maturity, if any, that took place.
3 In the calculation of the amount of the increase, the items of the salary, the amount of which is subject to the payment due to the payment period, shall not be taken into account.
4 The right referred to in paragraph 1 shall not apply in respect of pay in the form of benefits and benefits in kind:
a. under the General Old-age Law , the General Survivors Act , the General Incapacity Act, the Disease law , the Law Labour and Care , the Incapacity for work insurance , the Unemployment law , the Supplements Act , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers , the Law on income provision older and partly incapacitated self-employed workers ;
b. as part of the sub-paragraph of Article 1 (1) of the second sentence of Article 1 (1) of the B -Schemes designated under the Overhevelon Payment Payment Act;
c. which are designated by ministerial arrangement.
1 In the case of wages which have been the subject of entitlement to or entitlement before the end-of-year, but which are first to be withheld in respect of the public or non-contributory payroll tax at or after the year of the lapse of the year, it is at the time when the payment of the premium is taking place in respect of the withholding right of an increase. Article 3, second paragraph , shall apply mutatis mutandis.
This item does not apply to the Article 3 (4) , benefits and benefits in kind.
Amounts, as last amended, for the year preceding the year of the lapse, mentioned in Annex II, Article 8, first paragraph, of the minimum wage law and minimum holiday allowances , shall be increased by a percentage to be determined from the transfer payment derived from a ministerial arrangement. The revised amounts shall replace the amounts set out in Article 8, paragraph 1, of that law and shall apply from 1 January of the year to the year as a basis for the application of Article 14 of that Act. In this application, the development of contract wages continues as a result of the Articles 3 and 8 No account.
1 This law does not lead to any other claims, rights and obligations of an interested party in the pension scheme of a pension fund or an employer, which have been acquired or entered into prior to 1 January of the year of maturity. Then when this law would not have been created.
2 Entered 1 January of the due year shall be reduced for a period of four years for the calculation of claims, rights and obligations for an interested party in the event of a pension scheme of a pension fund or of an employer with the Article 3, second paragraph , percentage fixed and maximum amount to be laid down in accordance with rules laid down by Ministerial Regulation.
3 The entry into force of 1 January of the year of the lapse of the year under Articles 81 and 82 of the amending Act on transfers of storage premiums will be made over a period of four years with regard to benefits under the General Old-age Law or the General Survivors Act do not lead to other claims, rights and obligations of an interested party in a pension fund pension scheme or employer's pension scheme than if those articles would have been in place.
4 Our Minister of Social Affairs and Employment may lay down rules for the proper application of the third paragraph by ministerial rules, as well as amounts on the basis of the General Old-age Law and the General Survivors Act which are determined in compliance with those rules.
In relation to the increase in wages, intended for the purpose of Articles 3 and 4 , mutatis mutandis, the rules laid down in or pursuant to the law concerning the declaration and payment of wages and on the legal claims for payment of wages.
1 This Law shall enter into force from 1 January 1994.
2 The Transfer Payment of storage premiums Act, the Adjustment Benefit Schemes (Wet Adjustment Payment Adjustment Schemes) and this Act shall expire on 1 January of a year to be determined by Royal Decree.
This law is cited as: 'Britizing' overheveling payment wages.
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, 22 December 1993
The Minister for Social Affairs and Employment,
B. de Vries
The Secretary of State for Social Affairs and Employment,
J. WallagePublished on 30 December 1993
The Minister of Justice,
E. M. H. Hirsch Ballin