Key Benefits:
Law of 22 August 1947, establishing an extraordinary pension for members of the Resistance, as well as their survivors
We WILHELMINA, 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 considered that it would be desirable to regulate the right to an extraordinary pension for the benefit of those who participated in an act or an attitude during the enemy occupation of the Kingdom of Europe. the domestic resistance and of their survivors;
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 In this Act the following definitions shall apply:
"Our Minister": Our Minister of Health, Welfare and Sport;
"the Council": the Pension and Allowances Council, referred to in Article 3 of the Law implementing laws for resistance participants and war victims ;
the Social Insurance Bank: the Social Insurance Bank, named in Chapter 6 of the Act implementing organisation of work and income ;
"participants in the resistance": those who participated in the domestic resistance during the enemy occupation of the Empire in Europe, including them, who were part of the Domestic Armed Forces and in the United States. have actually participated in the fight against the enemy occupying power of the Empire in Europe;
'former wife' means the woman referred to in the Article 14, second paragraph ;
'peil year' means the year determined by Article 8, second and third paragraphs , and Article 41 A , first paragraph ;
'minimum pension base' means the pension base, Article 8, seventh paragraph, introductory wording .
2 In the case of a general measure of management, categories of persons shall be designated to whom this Law shall apply mutatis mutandis.
For the purposes of this Law, the following shall be treated as:
a. marriage: the registered partnership;
b. married: registered as a partner;
c. spouse or spouse: the registered partner;
(d) widow or widower: the disadvantaged party to a registered partnership;
Where this law refers to 'the Council or the Social Insurance Bank' in an article or article, the division of tasks is in accordance with the Articles 4 and 6 of the Act implementing laws for resistance participants and war victims .
1 Under the conditions and to the rules, by or under this Law, extraordinary pension shall be granted to the participants in the resistance, as well as to their survivors.
2 For the grant of an exceptional pension, or recognition as a participant in the resistance, they are not eligible, who have behaved unworthy during the enemy occupation of the Kingdom of Europe from the Netherlands. Nor shall the failure of the survivors, if not falling within the previous sentence, be taken into account in the proceedings of the opposition to whom the above definition applies.
The nomination for a general measure of governance to be adopted under this Law shall not be taken after the draft in the Official Gazette has been made known and has been given the opportunity to inform Our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 The opposition participant shall be entitled to an extraordinary pension in the case of:
a. Injury or mutilation, obtained in connection with the resistance;
b. Illnesses or defects, which are wholly or partly the result of operations or fatigues of this resistance, or of the treatment experienced during imprisonment for the purpose of the resistance, or of special circumstances or conditions; or conditions which have arisen in the course of the resistance or which have been manifested or aggravated under the influence of such operations, fatigue, treatment, special circumstances or conditions;
subject to the condition that the situation of the person concerned as a result of such injury, mutilation, disease or defect is found to be an invalidity of at least 10%.
2 If the injury, mutilation, disease or defect referred to in paragraph 1 causes an invalidity of at least 40%, but the total number of invalidity is higher, the rate of invalidity shall apply to the determination of the degree of invalidity. In the case of invalidity to which the extraordinary pension is calculated, this higher rate, in so far as the multiple invalidity is not manifested from the causes other than the resistance.
3 The relationship or effect referred to in paragraph 1 shall be deemed to be present if the participant in the resistance:
a. During the occupation or in connection with the Resistance, spent three months or longer in captivity or, in the opinion of the Council, heard the Foundation 1940-1945, in relation to the nature of its resistance activities has been exposed to exceptionally severe and prolonged tensions, and
For at least 60% of the disabled person, this disability is not clearly caused by reasons other than the resistance.
4 In the application of this Article, account shall be taken of the knowledge and experience of medical science in relation to the relationship between the resistance and the mental and physical state of health.
An extraordinary pension may be granted permanent or provisional.
The extraordinary pension shall be granted on a permanent basis if, on the basis of a first grant or in the case of renewal of a pension, a change in the rate of invalidity shall not be assumed to be likely to be taken before the future.
1 The extraordinary pension is granted for the time being if the rate of change in the invalidity rate is assumed to be likely to be changed for the future.
2 The provisional extraordinary pension shall be granted for a period of at least one year and for a maximum of five years; a pension shall be granted in such a way as to give rise to such a pension. The period of at least one year shall not apply in the case of the second or further grant of a provisional special pension.
3 If, after a provisional extraordinary pension has not been renewed, on the basis that the invalidity of the person concerned has fallen below 10%, it is apparent later that the invalidity has risen to at least 10% of the invalidity pension. For the time being, an extraordinary pension or, if the change in the invalidity rate is not assumed to be likely for the future, is subject to an extraordinary pension.
1 In the event of entitlement to an extraordinary pension under this Law, the pension base shall be determined by the Council, to which the extraordinary pension shall be calculated.
2 The pension base is derived from the annual amount, in accordance with the seventh paragraph, which is necessary to ensure that the participant is able to live on the foot of the same person, on which similar valid persons, who are in a position to be the second year preceding the year of submission of the Article 24, first paragraph , if the person concerned lived, on average, at the time of the entry into force of this Act, on the understanding that, if the circumstances in the first year were in the Council's opinion, a significant deviation from the circumstances of the two years preceding that year, the average circumstances of the latter three years being taken into account. This annual amount shall not take into account the possibility of promotion, skills, expansion of business or other such factors.
3 The Council or the Social Insurance Bank shall be empowered to request, on behalf of or on behalf of the party concerned, the year preceding that year in which the income of the person concerned is subject to the year preceding that year, has undergone a reduction, or the year of invalidity, as a result of its resistance, if this would be more favourable to him.
4 When determining the pension base of a participant in the resistance, who has not yet benefited from employment or business income for the taking up of his invalidity by or in connection with the following education, account shall be taken of the following: with the circumstances, which at the time of the filing of the application, Article 24, first paragraph In the matter of influence. In the case of a general measure of management, it shall be subject to detailed rules.
5 The annual amount referred to in the second paragraph shall be calculated by redirecting the annual income income to an income at the time of the entry into force of this Act, with the application of a calculation factor based on the index of wages. This calculation factor is set by our Minister on 1 January 1978 and is subsequently reviewed by him from 1 January 1978.
6 If the annual amount referred to in paragraph 2 increased by the percentage which, in the period from 1947 to 31 December, increased the level of the exceptional pensions, as the annual rate for the period from which the pension was fixed for the period from result in an amount, which is five per cent or more in support of the income, which the participant has or would have enjoyed, or would have enjoyed, the opposition in that year of employment in the case of employment in the event of his/her activities in connection with has had to terminate or if, in that case, his or her invalidity or aggravation has had to cease during that year years is deceased, by way of derogation from the second and fourth paragraphs, the basis, in accordance with the provisions of the seventh paragraph, is derived from the annual amount obtained, by the income, that shall be derived by the participant in the year of each year. the resistance from work to occupation or business are or would not be enjoyed, child benefit or childcare supplement therein, to be repayable at the time of the entry into force of this Act, by the rate of use, The amount of extraordinary pensions has been adjusted as a calculation factor.
7 The pension base shall be at least € 1 225,21 and shall not exceed:
100 percent of the first € 2813,44,
36.84 percent of the following € 1724.37,
30 percent of the following € 907.56,
20 percent of the following € 907.56,
10 percent of the following € 907,56 and
5% of the following € 1815,12 of the annual amount referred to in the second or sixth member.
1 The extraordinary pension shall be as much as one percentage of the amount of the pension base if the invalidity rate fixed for the person concerned is established.
2 Invalidity rates above 10% are rounded up to a 10% multiples.
3 At a rate of less than 10 percent, disability is considered not to exist.
The special pension is increased once by 20% of the pension base, in the event of injury, mutilation, illness or defects, Article 4 Intended:
a. one of the extremities (hands or feet) has been lost, or has become completely unusable, or a situation has arisen, which is equivalent to such loss or to be so unserviceable;
b. Two or more limbs have been reduced to a degree of motility or usability, that the situation of the person concerned with the A is described as equivalent;
c. Vision by organic causes is limited in such a way that the ability to move independently is severely affected by it;
d. significant malformation has arisen, which by means of aids is not sufficiently concealable, so that the person concerned is seriously impeded by the association with its fellow human beings; or
(e) a permanent extraordinary pension has been granted in respect of an invalidity of 80% or 90%.
The extraordinary pension is increased once by 40% of the pension base when, as a result of injury, mutilation, diseases or defects, Article 4 Intended:
a. Two or more extremities (hands or feet) have been lost or have become completely unserviceable for good, or a situation has arisen, which is equivalent to such loss or to be of such unserviceability;
(b) vision has been completely lost for good or for good, or a situation has arisen, which is equivalent to blindness;
c. irreparable insanity has arisen, or a state which is equivalent to it; or
d. a permanent extraordinary pension has been granted under a 100% disability.
1 Where on the basis of injury, mutilation, diseases or defects, as referred to in Article 4 Where a special pension is granted and is required for the purpose of such injury, mutilation, illness or defect, and shall be reimbursed to the pensioner in accordance with or in accordance with general rules of procedure. (i) provision of administrative measures.
2 By way of derogation from paragraph 1, compensation may be granted to categories of pensioners in respect of certain provisions providing for treatment or care without those provisions being made for the purpose of injury, mutilation, disease or injury. defects as intended in Article 4, first paragraph , are required. Rules shall be laid down in respect of a general measure of administration.
3 In the case of a general measure of management, rules shall be laid down concerning the possibility of applying for certain periods the reimbursement of certain provisions after the death of the pensioner for certain periods of treatment or care. the benefit of the widow or widower to continue.
1 In the case of a general measure of management, account shall be taken of the income to be charged for the exceptional pension in accordance with the following paragraphs.
2 The income of the person concerned shall be deducted from the amount of the special pension for the amount of the special pension, regardless of any increase or remuneration as a result of the Articles 10 , 11 and 11a Plus 75% of the amount of the pension, plus 75% of the pension General Old-age Law ( Stb. 1956, 281) and General Survivors Act 70% of other income exceeds the basis on which the extraordinary pension has been calculated.
The income of the person concerned as referred to in the preceding sentence shall not be counted as:
a. Income from employment if the person concerned is the pensionable age, Article 7a, first paragraph, of the General old-age law , has reached;
b. earnings from labour, labour substitute income and income from his spouse's enterprise;
c. Income from assets, up to a sum of 500 guilders [ Red: as of 1 January 2016: EUR 60 and twenty-six euro cents];
except that if the income of the spouse or former spouse's income has already been taken into account in determining the pension base, an amount equal to that income related to that income. the extraordinary pension is deducted from the extraordinary pension. We determine in the case of a general measure of administration in which cases of the latter reduction are waived. There is no provision in or pursuant to the second and third sentences of the application, where this would result in a lower payable pension amount.
3 If, on the basis of the same fact, where the enjoyment of an extraordinary pension is taken from, simultaneously a benefit, a pension or other income shall be enjoyed by the Kingdom, the Republic of Suriname, the Netherlands Antilles, Aruba, the Republic of Indonesia, a body governed by public law in one of these areas or a fund established by the public authority, shall, subject to the fifth paragraph, be the amount of the extraordinary pension, irrespective of the period of the pension Multiplication or reimbursement due to the Articles 10 , 11 and 11a , with the amount of that allowance, which has been reduced by deduction of that pension, after deduction of the amount of the amount of the amount of the premium paid in respect of the premium resulting from the payment of the premium General Old-age Law and the General Survivors Act This means that the statutory standards applicable to extraordinary pensions must be regarded as being understood. To the extent that, however, that benefit, that pension or other income is enjoyed by a voluntary insurance, which was concluded on the basis of a statutory power, or by virtue of compulsory insurance, which is the subject of a has been continued on its own account, and is considered by the Social Insurance Bank as such, or under a legal system equivalent to that of the Disease law , the provisions of the preceding sentence shall not apply.
4 For the purposes of the first sentence of the preceding paragraph, a purchase sum shall be granted under the Law on the liquidation of accident laws ( Stb. 1967, 99) taken into account only in the year of payment thereof.
5 If, on the basis of the same fact, as the benefit of an extraordinary pension is taken from, a benefit at the same time as a benefit under the Interim Law of the invalidity benefit ( Stb. 1962, 534) or an in-place benefit under the Transitional incapacity insurance scheme ( Stb. 1967, (102), where this is more advantageous for the person concerned, for the purposes of the application of the provisions of the third paragraph, which is reduced by the amount of the premium to be paid in respect of the benefit of the benefit of the benefit of the Social insurance financing law On the understanding that this reduction is limited to the amount deducted in respect of the year 1966.
6 If, under the pension or any other income referred to in the first sentence of the third paragraph, the benefits or surcharges for children which have been served after the time, which served on the assessment of the pension base, were born or If they are part of the family of the pensioner, they are not deducted from the extraordinary pension. Where the pension or other income referred to in the first sentence of paragraph 3 is included, amounts which are enjoyed pursuant to provisions laid down in other legislations, corresponding to those of the Member States, shall be as laid down in Article 1. Articles 10 , 11 and 11a they are not deducted from the special pension; however, an increase or allowance shall be paid under the conditions laid down in Article 3 of this Article. Articles 10 , 11 and 11a If granted, this increase or allowance shall be reduced by the amount which is enjoyed by the provisions corresponding to those articles in other legislations.
The amount, named in Article 12, second paragraph, point (c) The Secretary of State shall review our Minister from 1 January, if and to the extent that the evolution of the consumer price index in the period 1 November to 31 October preceding it gives rise to this.
1 No exceptional pension shall be granted or modified, without reference to the origin, nature and consequences of injury, mutilation, disease or defect giving entitlement to an extraordinary pension at the expense of the Kingdom of (i) research has been carried out and the invalidity rates have been established, to be regulated by a general measure of management.
2 The medical examination shall be repeated on a once-out basis by the Council or the Social Insurance Bank if the person concerned so wishes, in his statement of objection, as intended: Article 37 And, in any case, in any case where a repetition is considered desirable by the Empire.
1 Right to an extraordinary pension shall have the widow of a participant in the resistance, if her spouse has lost his life in connection with the opposition or if he is entitled to an extraordinary pension at the time of his death. to the particular Article 4 .
2 The wife, with whom a deceased participant has been married to the resistance, shall also be entitled to an extraordinary pension provided that:
a. The man on the day on which the decision to divorce or the dissolution of marriage has been delivered or the registered partnership under Article 80c (c) and (d) of Book 1 of the Civil Code has been terminated, right to (i) special pension derived from the provisions of the Article 4 and he could assert that right also at the time of his death,
b. the under A the date of divorce and the divorce or termination of marriage is not pronounced after the date of entry into force of the Law Review, and the law applicable before that date is not pronounced, and
c. the woman not as a result of remarriage, entering into a marriage after a registered partnership, entering into a registered partnership after a marriage or re-entering a registered partnership with her former partner. receive an extraordinary widow's pension in respect of his/her death;
except that if, on the date of death of her former spouse, the woman has been remarried or registered or registered or re-registered, the right to an extraordinary pension, which it derives from the death, arises first from the date of the Day, next to that, on which the next marriage that was concluded, was dissolved.
3 For the purposes of applying this Law, the wife shall be treated as a widow (wife), who is the subject of a judgment of the Section of the Council for the Law of the Court of Justice or any other judicial ruling in an asset and/or inherited from the law in succession with a widow (wife).
4 Extraordinary pension as provided for in the preceding paragraphs of this Article shall also be granted:
a. The widower of a participant in the resistance;
b. the man, with whom a deceased participant has been married to the resistance.
Special pension of the preceding sentence of A and B the provisions of this Law, relating to the extraordinary pension of the persons referred to in paragraph 2 of this Article, shall apply mutatis mutandis.
1 If the participant has lost life in connection with the resistance, or has died from the effects of injury, mutilation, diseases or defects, as intended in Article 4 The following shall also be entitled to an extraordinary pension for:
a. any child who was in family law until the deceased; furthermore, under the conditions in Article 18 set for:
(b) any other child for the purpose of which the deceased was liable to the deceased maintenance obligation under the Civil Code or for the benefit of which the deceased had recognised such a debtor in such a way as to be such;
c. the parents, or, in the absence of these, the deceased's grandparents, if they were their breadwinners;
d. any old-age grandchild of the deceased, if he was even breadwinner;
e. the father-in-law of the deceased, if it was their breadwinner.
2 As well as a right to an extraordinary pension, each child who was in family law shall have a participant in the resistance, who has died by causes other than those referred to in the preceding paragraph, provided that the participant in the proceedings has been put in place at the time of (i) his death from the special pension derived from the provisions of the Article 4 .
3 Right to an extraordinary pension for the children referred to in paragraph 1 (a), (b) and (d) and for the children referred to in paragraph 2, as long as they have been under twenty-one years of age and not married or married and for the in-laws, referred to in the first paragraph (e), as long as the deceased, if he were still alive, would have been a debtor for them.
For the purposes of applying this Law, children shall be treated as children as referred to in point (a) of the first paragraph, who were raised at the time of death at the expense of the participant in the resistance and no breadwinner after the death of the participant Have a
1 To the in Articles 14 and 15 the said relations of a participant in the resistance shall be temporarily granted an extraordinary pension, if the participant has been reported missing and the missing person is connected to the resistance.
2 The amount of this temporary pension will be equal to the amount, to which the interested parties would be entitled, when the missing person had lost the life in connection with the resistance.
3 To the in Articles 14 and 15 the relationship of a participant in the resistance is also temporarily granted an extraordinary pension, if the participant has been reported missing otherwise than in connection with the resistance and he is missing at the time of his disappearance. (a) the right to an extraordinary pension derived from the provisions of Article 4 .
4 The amount of the temporary pension referred to in the preceding paragraph shall be equal to the amount to which the persons concerned would have the right, when the missing person would have died.
5 The temporary pension shall be automatically retired in a permanent and permanent pension as soon as the death of the missing person or if he has been declared as a judicial judgment of the death of the person concerned, which consists of a legal presumption of death.
6 The other provisions of this Chapter shall also apply to the temporary special pension.
For the purpose of determining entitlement to extraordinary pension which may exist under the provisions of this paragraph, it shall be Article 13, first paragraph , mutatis mutandis.
The special pension referred to in the Articles 14 and 15 , as follows:
a. for the widow, whose husband has lost life in connection with the resistance, or has died from the effects of injury, mutilation, diseases or defects, as intended in Article 4 As well as for the widow of the opposition participant, who died from causes other than those mentioned above and whose invalidity, for which his extraordinary pension was last or would be calculated, was at least 60%, Sixty-five percent of the pension base, which is based on the provision of Article 8 or Article 41 A had or would have applied for the spouse, if he had or would have been granted an exceptional pension as a participant in the opposition. If, at the time of the death of the participant, there is also a right or Article 14, second paragraph , view of one or more extraordinary pensions, as intended I , where the extraordinary widow's pension is reduced by the amount of that widow's pension;
b. for the widow of the Resistance participant, who has lost life by causes other than injury, mutilation, diseases or defects, as intended in Article 4 , and whose disability, to which his extraordinary pension was last or would have been calculated, amounted to less than sixty per cent, sixty-five per cent of the pension, to which the participant was or would have been entitled at the time of his death had been. If, at the time of the death of the participant, there is also a right or Article 14, second paragraph , view of one or more extraordinary pensions, as intended J , where the extraordinary widow's pension is reduced by the amount of that widow's pension;
c. for each child who was in family law until the participant, who has lost life in connection with the resistance, or has died from the effects of injury, mutilation, disease or defect, as intended by Article 4 As well as for each child approved by him, fifteen per cent of the first € 2268.90 and ten per cent of the other part of the A provided that the other parent derives from the death of the participant in the resistance to an extraordinary pension; 30% of the first € 2268.90 and 20% of the other part of the amount of that pension; base, if the other parent derives no claim from an extraordinary pension on the death of the participant.
The foregoing applies mutatis mutandis to the child who was in family law to the participant in the resistance, who has died due to causes other than those mentioned above and whose disability, to which his exceptional was last calculated or would have been calculated at at least 60%;
d. for each other child for the purpose of which the father, who has lost life in connection with the resistance, or who has died from the effects of injury, mutilation, disease or defect, as intended by Article 4 , a maintenance obligation was imposed under the provisions of the Civil Code or for the benefit of which the father had acknowledged this maintenance lamp, 15 per cent of the first € 2268.90 and ten per cent of the other part of the A provided that the mother derives entitlement to an extraordinary pension from the father's death; thirty per cent of the first € 2268.90 and twenty per cent of the other part of the amount of that basis, if the pension Mother is not entitled to an extraordinary pension on the death of the father;
e. for the parents or, in the absence of these, the grandparents of the deceased, as much as he, as a result, contributed to their subsistence, but not more than 40% of the first € 2268.90 and 30% of the other person's grandparents. amount of the above A 'pension base' and 'death of the longest-lived';
f. for each parent-less grandchild of the deceased as much as he generally contributed to his maintenance as the breadwinner, but not more than twenty per cent of the first € 2268.90 and 15 per cent of the other amount of the deceased A the retirement basis;
g. for the father-in-law of the deceased as much as he generally contributed to their maintenance as a breadwinner, but not more than 40% of the first € 2268.90 and 30% of the other amount of the deceased A (i) the basis of the pension and the death of the longest-lived person or until the date on which the deceased, if he were alive, would not have been a debtor in respect of them if he were a child;
h. for each child who was in family law to the participant in the resistance, who has lost life by causes other than injury, mutilation, diseases or defects, as intended in Article 4 , and whose disability, to which his extraordinary pension was last or would have been calculated, was less than sixty percent, fifteen per cent of the first € 2268.90 and six per cent of the other part of the B (i) if the other parent derives from the death of the participant in the resistance to an exceptional pension; thirty per cent of the first € 2268,90 and 12 per cent of the other part of the amount of that pension; if the other parent is not entitled to an extraordinary pension on the death of the participant in the resistance.
The provisions of this section shall apply only to the child born of the marriage of the parents referred to below or to the application of this law with a child who is a family member of the participant in the resistance of the child. is regarded as equivalent;
i. for the former wife of a deceased participant in the resistance, who died from the effects of injury, mutilation, diseases or defects, as intended Article 4 , as well as to the former wife of a deceased participant in the resistance, who died from causes other than those mentioned above and whose invalidity, to which his extraordinary pension was last or calculated, at least 60 percent was, an amount, calculated according to the formula:
, in which formula:
The number of full years, during which the man has been married to the wife during his 25-65 age period, plus the number of full years, for which the man has been married for years, during which the man has been married during the same age period before the date of conclusion of the that marriage has been unmarried without interruption; and
q proposes: the pension base, which is based on the provisions of the Article 8 or Article 41 A had been or would have been in force for the man at the time of his death;
j. for the former wife of a deceased participant in the resistance, who has died from causes other than injury, mutilation, disease or defect, as intended Article 4 , and whose invalidity, to which his extraordinary pension was last or calculated, amounted to less than 60%, an amount calculated according to the formula:
, in which formula:
x: the number of full years, during which the man has been married to the woman during his working age of 25 to 65 years, increased by the number of full years, during which the man was given the same age prior to the closing of the period that marriage has been unmarried without interruption; and
y is proposed: the extraordinary pension, on which the man was or would have been entitled at the time of his death.
1 The extraordinary pensions granted to the persons referred to in the Article 17, A , C , Ed , P. , f. , G and I , together shall not exceed 90% of the pension base, to which those pensions have been calculated, subject to the following:
-the persons referred to in Article 17, G , only entitlement to an extraordinary pension, if the persons referred to in the Article 17, A , C , Ed , P. , f. and I , have received their full extraordinary pension;
-the persons referred to in Article 17, f. , only entitlement to an extraordinary pension, if the persons referred to in the Article 17, A , C , Ed , P. and I , have received their full extraordinary pension;
-the persons referred to in Article 17, Ed and P. , only entitlement to an extraordinary pension, if the persons referred to in the Article 17, A , C and I , all of them have received their full extraordinary pension.
2 If the extraordinary pensions of the persons referred to in Article 17, A , C and I If the total amount of the maximum amount referred to in the first paragraph is greater than the limit laid down in the first paragraph, any special pension shall be subject to a proportional reduction.
3 If the persons referred to in Article 17, Ed and P. If an exceptional pension is not received, the special pension of each of them will be subject to a proportional reduction.
4 The preceding paragraph also applies to grandchildren as intended in the previous paragraph. Article 17, f. , if these are more than one alive and any grandchild cannot receive his full extraordinary pension.
5 Where the provisions of paragraph 2 have been applied and the number of children entitled to special pension changes comes, the proportional reduction applied shall be revised as from the month following that in which the second paragraph is applied. Change has been made.
1 The extraordinary pension of the widow, whose spouse was entitled to a permanent and permanent invalidity pension over a period of at least three months preceding his death in the form of an invalidity ninety per cent of the pension base is raised during the first year after the death of the spouse and for the second year following the death by ten percent of that basis, to the extent that it is increased Extraordinary widows ' pension during the first year of not more than 5% of the total amount of is the minimum pension base and, during the second year, not more than seventy-five per cent of that base.
2 The increase referred to in the first paragraph shall be applied for the purposes of applying Article 18 are not taken into account.
1 The extraordinary pensions granted to the persons referred to in the Article 17, B , H and J , together, they will not be allowed to exceed 80% of the first € 2268.90 and 40% of the other amount of the pension base.
2 If the extraordinary pensions of the persons referred to in Article 17, B , H and J If the total amount of the maximum amount referred to in the first paragraph is greater than the limit laid down in the first paragraph, any special pension shall be subject to a proportional reduction.
3 Where the provisions of paragraph 2 have been applied and the number of children entitled to an exceptional pension is amended, the proportional reduction applied shall be reviewed as from the month following that in which the second paragraph is applied. Change has been made.
4 Where the right to an extraordinary pension of one of the survivors referred to in the Article 17 , has been nulled or under Article 14, second paragraph , starting later, and in the case of entitlement to an extraordinary pension under Article 28 A revision based on the entry into force of the agreement will be reviewed on the basis of the Article 18 and the preceding paragraphs of this Article only place in respect of the extraordinary pensions of the other rightholders, intended Article 17, A , B , C , H , I and J .
1 In exceptional pensions granted to the persons referred to in Article 17 , is the Article 12, first paragraph, second paragraph, second sentence, point (a) And the third and sixth paragraphs shall apply mutatis mutandis.
2 To the extent that income from equity is enjoyed by the widow or the former wife, it shall be deducted from the extraordinary pension for fifty per cent of such income, provided that the income is less than € 680.67 per year, only to be deducted in such a way as to which income could exceed a sum of € 340.34.
As far as the widow or former spouse is concerned, other than those covered by the first and second paragraphs are enjoyed, fifty per cent of the amount in excess of that income is to exceed the sum of € 453.78, to deduct pension. Without prejudice to the preceding sentence, where the excess referred to therein is solely or partly the result of the benefit of an old-age pension under the General Old Age Law of more than € 453,78 of the amount, the sum of the old age pension exceeds the sum of € 453.78, instead of 50% of the following percentages in the extraordinary pension:
a. An exceptional widower's pension, which does not include a reduction as referred to in Article 17, a and b , has undergone 60% of them;
b. An exceptional widower's pension, which is a reduction as referred to in Article 17, a and b , has undergone a proportionate share of the A specified percentage;
(c) the special pension of the former wife of the Article 17, i and j -a proportion of 60% of which, up to that percentage, is in the same proportion as the number of years, which is proposed in the calculation formula mentioned in those articles by the letter p below, is to be regarded as Forty years.
In the case of an extraordinary pension awarded to the Article 17 b -widow as well as an extraordinary pension awarded to the former wife of the Article 17, j , the amount to be deducted from such pensions under the preceding sentence shall be limited to a percentage of that invalidity, to which the special pension of the deceased spouse is to be deducted. spouse of the woman was last or would have been calculated.
4 If, by way of derogation from the provisions of the second paragraph, the income of the widow or former spouse is received by the widow or the former spouse, the income shall be for 50% of the income of the second member. (i) a percentage of that income from the special pension is deducted from that income, it being understood that in any case an amount of € 340,34 of the total revenue is to be deducted.
5 If a benefit is payable under the General Survivors Act If it is enjoyed, that benefit shall not be counted as income calculated from the special pension as it is intended for in the preceding paragraphs. In that case, however, after the previous paragraphs have been applied, the amount of the benefit under the General Survivors Act The following percentages shall be deducted from the extraordinary pension:
a. An exceptional widower's pension, which does not include a reduction as referred to in Article 17, a and b , has undergone, and the extraordinary orphan's pension: sixty per cent;
b. An exceptional widower's pension, which is a reduction as referred to in Article 17, a and b , has undergone a proportionate share of the A specified percentage;
(c) the special pension of the former wife of the Article 17, i and j -a proportion of 60% of which, up to that percentage, is in the same proportion as the number of years, which is proposed in the calculation formula mentioned in those articles by the letter p below, is to be regarded as Forty years.
The provisions of the third sentence of the third paragraph of this Article shall apply mutatis mutandis.
If the widow is also in the enjoyment of an invalidity pension under the Invalidity Act, on which they enter into force of this article, pursuant to the Law to supplement renten under the Invalidity Act and the Law of 3 February 1954 ( Stb. 60), the total amount of the allowances and benefits eligible for deduction shall be taken into account for deduction of the reduction referred to in the preceding sentence.
In respect of the person who demonstrates that, by virtue of his entitlement to benefits under the General Survivors Act a reduction of any other pension or other compulsory periodic benefit, and that the combined amount of the reductions exceeds 60% of the amount of the floor pension, the reduction shall, in the case of a reduction, be taken into account in the the preceding sentence of this Article limits, in such a limited way, that the income of the person concerned is, where possible, 40% of the amount of the bovine pension intended for the reduction in the amount of the total pension. General Survivors Act is enjoyed.
6 It is limited to the amount by which the special pension of the widow and/or the former spouse is paid for the enjoyment of ancillary income to the amount, which is the special pension, irrespective of the amount of the pension reduction, intended in the Article 18 and 19 -plus other income, sixty-five per cent of the total revenue in question. Article 12, second paragraph (i), except, however, that the repayments of a pension as referred to in Article 1 (1) Article 12, third paragraph (i) in the case of a benefit due to the benefit of the benefit of the General Survivors Act and in respect of a pension under the General Old-age Law remain unabridged. The ancillary income referred to in the preceding sentence shall not be counted as child benefits or surcharges, nor income, which shall be provided by third parties.
1 They, who claim to be entitled to an extraordinary pension or allowance under this law, shall submit an application to the Council or the Social Insurance Bank. In the case of an application, the documents required for the benefit of the special pension or for the benefit of a general measure of directors shall be presented in the application.
2 Those who wish to be recognised as participants in the resistance shall submit an application to the Council.
3 The Council shall make the application for an exceptional pension, or the application, to be recognised as a participant in the resistance to the Foundation 1940-1945. It shall issue a declaration within four months of the adoption of the application by the Council indicating whether the applicant or the applicant for whom the applicant wishes to obtain claims has been, or has not, been a member of the opposition in the course of the application. meaning of the law and whether a circumstance as referred to in Article 2, second paragraph Whether or not present. If the application for an extraordinary pension comes from a person, as referred to in the Articles 14 and 15 , and the deceased to whom the applicant wishes to grant his rights, has made claims to this law, becomes the statement, proving whether, with regard to the applicant, a circumstance as referred to in Article 2, second paragraph , whether or not present, issued within four weeks. If the Foundation does not provide the aforementioned declarations in good time, the Council may, with the agreement of the person concerned, decide to obtain in other ways the information needed.
4 If the declaration issued by the Foundation 1940-1945, referred to in paragraph 3, means that the person concerned has not belonged to the participants in the resistance within the meaning of the Act or that a circumstance as referred to in Article 2, second paragraph The Council may nevertheless grant an exceptional pension if, in its opinion, the person concerned could otherwise have been entitled to it. The amount of this extraordinary pension shall be equal to the amount to which the person concerned would have the right, if the Declaration of the Foundation 1940-1945 would imply that the person concerned has belonged to the members of the Resistance, or if he or she condition referred to in Article 2, second paragraph Not here.
5 If the declaration issued by the Foundation 1940-1945, as referred to in paragraph 3, means that the person concerned has not belonged to the participants in the resistance within the meaning of the Act or that a circumstance as referred to in Article 2, second paragraph The Council may nevertheless issue a recognition as a resistance participant if sufficient terms exist for that purpose.
6 The provisional pensioners shall, within two years of the end of the period for which a provisional special pension was granted, lodge an application for the purpose of serving as an exceptional pension.
7 Persons, who were in the case, referred to in the Third paragraph of Article 7 In cases where they consider they claim to be entitled to an extraordinary pension, they must lodge an application.
8 If the Foundation 1940-1945, the Stichting Friesland 1940-1945, the Stichting Sneek 1940-1945, the government or any body established or recognised by the public authorities, has been granted benefit or benefit in respect of a period of time, which shall be the subject of a later An exceptional pension shall be granted as advances, and the sum thereof shall be deducted from the amount of the pension without any limitation on the amount of the pension in favour of the government, the institutions or the institutions, as Intended.
The receipt of the application shall be confirmed in writing by the applicant. It shall provide information on the further procedure and the applicable treatment periods.
1 The order of the Decision is to be communicated to the Foundation 1940-1945.
2 At the time of publication of the decision, information on the procedure and the time limit for the notice of objection shall be given.
3 The decision on an application under Article 4 Other Articles 14 and 15 to the extent that the deceased participant has not made any claims to the opposition to this Act, shall be given within nine months of the date on which the application was received. If, as a result of special circumstances, the Council is unable to decide within this period, it may be extended once for a period of not more than eight weeks. The Council shall make written notification of the extension to the person concerned and to the Foundation 1940-1945.
4 The decision on an application under Article 24, second paragraph , shall be given within six months of the date on which the application was received. If, as a result of special circumstances, the Council is unable to decide within this period, it may be extended once for a period of not more than four weeks. The Council shall make written notification of the extension to the person concerned and to the Foundation 1940-1945.
5 The decision on an application under Article 4 , provided that the applicant is already under the conditions of Article 24, second paragraph , as a participant has been recognised in the Resistance, Article 11 A , the Articles 14 and 15 to the extent that the deceased participant has made claims to this law apply to this law, as far as the deceased participant has been Article 24, sixth and seventh member , shall be given within 13 weeks of the date on which the application was received. If, as a result of special circumstances, the Council or the Social Insurance Bank is unable to decide within this period, it may be extended once for a period not exceeding four weeks. The Council or the Social Insurance Bank shall make written notification of the extension to the person concerned and to the Foundation 1940-1945.
6 With regard to an application referred to in paragraph 5, which shall be lodged while an application referred to in paragraph 3 is still pending, by way of derogation from the fifth paragraph, the period prescribed for the order to be taken on the application, referred to in paragraph 3, unless the remaining period is shorter than the time limit referred to in the fifth paragraph.
1 If the Council, four weeks before the expiry of the extended period, is to be Article 25, third paragraph , if there is insufficient data to arrive at an assessment of the application and, consequently, it is unable to provide a decision, he shall give the applicant the opportunity to present his views during the four weeks concerned.
2 Article 4: 9 of the General Administrative Law Act is applicable to the hearing.
3 If the applicant puts forward his views orally, a report shall be produced.
1 If the applicant wishes to take knowledge of information which has been included in the decision of the Council or of the Social Insurance Bank, the applicant shall, at his request, be given within four weeks by the Council or the Social Insurance Bank. provided that, if and to the extent that the provision of such data does not infringe the privacy of third parties.
2 The Council or the Social Insurance Bank may determine, in the interest of the mental or physical health of the person concerned, whether or not at the request of the medical adviser, that the knowledge of medical reports shall not be the person concerned, but only to an agent who is a doctor or a lawyer or obtained special permission from the Council or the Social Insurance Bank.
3 If the information referred to in paragraph 2 has been notified to the delegate, the information shall be communicated by the Council or the Social Insurance Bank to the person concerned within a period of not more than three twenty-four hours; by reference to the date on which the data were provided.
4 In the case of a general measure of management, the reimbursement may be made in respect of the reimbursement due, where copies of the documents relating to the decision are furnished.
1 Subject to different provisions, the special pension shall enter on the first day of the month following that of promulgation or, if the right to an extraordinary pension is later established, on the day of the birth of that law. If the person, whose extraordinary pension is derived from it, died later, the special pension shall begin on the first day following that of death. Temporary extraordinary pension granted on the basis of Article 16 , enter the day, next to that of the missing person, but not earlier than the first day of the month, next to the one in which this law was proclaimed.
2 Where the application for a special pension has not been received within two years until the date on which it was to be able to enter into force under the provisions of the preceding paragraph, the special pension shall be entered on the first day of the month, next to the one in which the request came in.
3 A provisional special pension, which is granted for renewal, and a permanent and permanent pension to replace a provisional special pension, starts on the day following the one on which the previous pension is granted. exceptional pension has ceased, except in the cases mentioned in Article 7, third paragraph , in which cases the special pension starts on the day on which the application has been filed, unless the Social Insurance Bank considers it to be in accordance with the terms of reference.
(4) Where the application is intended to Article 24, sixth paragraph , not received within the period of two years, the replacement or renewal of provisional extraordinary pension shall begin on the day on which the application has been received, unless the Social Insurance Bank has received any reference to it by the Member State concerned. to decide.
1 Each extraordinary pension shall end with the end of the month in which the rightholder has died. In the event of the loss of the rightholder, his pension shall end with a day to be determined by the Social Insurance Bank.
2 The extraordinary pension of the Article 15 The children shall end with the end of the month in which the rightholder:
(a) has reached the age of 21 years or has entered into marriage;
b. is adopted.
3 An event declared or withdrawn shall end with an exceptional pension by the end of the month in which the order for revocation or revocation is declared or withdrawn.
1 The widow's special pension and that of a former wife shall end with a marriage concluded by her next year and by the end of the quarter, in the course of which the marriage has taken place. If, within 13 weeks of the date of the conclusion of that marriage, the woman submits a request to the Social Insurance Bank, it shall, in the event of a purchase of its extraordinary pension, receive a lump sum of twice the annual amount of its pension. an extraordinary pension, less the amounts which are enjoyed by provisions of equivalent effect in accordance with other provisions laid down by law. If such a request is not made, the wife, if the marriage is dissolved, shall be granted a special pension to her earlier pension by the social security insurance bank. However, would it be entitled to pensions in respect of subsequent marriage or any other income as referred to in Article 4 (1) of Article 12, third paragraph , then, this provision shall apply mutatis mutandis. The extraordinary pension shall then resume on the day following the termination of the marriage, provided that the application has been filed within one year of the date of the dissolution of the previous marriage. If the application is filed subsequently, the special pension shall be the date on which the application was received from the Social Insurance Bank.
2 For the purpose of calculating the amount of the purchase referred to in paragraph 1, the amount of the special pension shall be the amount to which the pension would have been determined without the reduction provided for in the second paragraph of this Article. Article 18, second paragraph , or Article 19, second paragraph , which amount is reduced by the temporary increase, meant in Article 18 A .
3 The provisions of the preceding paragraphs shall apply mutatis mutandis in respect of the persons referred to in the second paragraph of Article 14 (4), fourth paragraph, first sentence, A and B As well as to the mother, grandmother and mother-in-law of a deceased participant in the resistance.
4 If the widow was in the enjoyment of a guarantee allowance as intended in Article 31 P. The amount of the surrender referred to in paragraph 1, if it is more favourable, shall be twenty-four times the amount of the guarantee supplement, which it enjoyed during the month preceding the month in which that subsequent marriage took place.
The extraordinary pension of the widow and that of a former wife is not paid out over time, during which the woman lives in concubinate.
The extraordinary pension of persons, who are retired under the provisions of the Article 17, P. and G It shall not, or only partly, be paid over time, during which no need exists for payment or for full disbursement, on the basis of the circumstances in which such persons are in the place of payment.
Temporary extraordinary pension granted on the basis of Article 16, first and third paragraphs , or a permanent extraordinary pension, granted on the basis of Article 16, fifth paragraph , shall cease to be in life with the date to be determined by the Social Insurance Bank when the missing person or he, in respect of which a judgment has been issued in the case of a judgment on the right to death, appears to be alive.
1 As soon as possible after the death of a participant in the resistance, who, at the time of his death, is entitled to an extraordinary pension Article 4 , a benefit to be paid (death allowance) amounting to twice the amount of the deceased's extraordinary pension in respect of the month in which he died:
a. to the long-lived of the spouses, if the deceased was not permanently separated from the other spouse;
b. in the absence of the under A Person referred to as minor children who were family-related to the deceased or minor children, for which the deceased person was in custody at the time of death;
c. in the absence of the under A and B Persons referred to as parents, children of the deceased, brothers or sisters of the deceased, if at the time of death the deceased provided a large part of the cost of the existence of those relations;
d. in the absence of persons referred to in (a), (b) and (c) to those who, at the time of the death, provided for the most part in the cost of existence and with whom he has, until his death, permanently family-related Lived.
2 In the first paragraph, the following definitions shall apply:
a. Special pension: the pension, for the purpose of Article 9 , increased by multiplication, intended for use in the Articles 10 and 11 , regardless of the Article 12 ;
b. the amount of the extraordinary pension: the pension amount, intended in Article 31 B ;
c. foster parental care: the care for the maintenance and education of a child, as if it were a child of his own, independent of any obligation to do so or of enjoying a fee for that.
3 As soon as possible after the death of the widow or the former wife of a participant in the Resistance, if that widow or former wife is entitled to an extraordinary pension at the time of her death, Article 14, first second paragraph , a benefit (death allowance) amounting to twice the amount of the deceased ' s extraordinary pension over the month in which she died, paid out to the minor children who were in family law. the deceased were, with the death of their mother, become elderly or underage children, for which the deceased was responsible for the custody of the deceased at the time of death. The provisions of the preceding sentence shall apply mutatis mutandis after the death of the widower or the former spouse of a female participant in the resistance.
In the third paragraph, the following definitions shall apply:
a. Special pension: the pension, for the purpose of Article 17, A and B , below I and J , having regard to the provisions of the Article 18 and 19 , regardless of the Article 20 ;
b. the amount of the extraordinary pension: the pension amount, intended in Article 31 B ;
c. foster parental care: what is understood in the first member.
5 If there are no rightholders referred to in paragraphs 1 and 3, after having heard the Foundation for the period from 1940 to 1945, the Social Insurance Bank shall have the power to pay the benefit referred to in those paragraphs in whole or in part to the Persons or persons who, in his opinion, are eligible for equity, provided that the latter has received a request from the Social Insurance Bank for that purpose within six months of the date of the death. have been submitted.
6 Benefits granted under this Article shall be deducted from cash benefits provided under other legislation on the basis of the same death, if those other benefits arise from revenue received by the deceased as referred to in Article 12, third paragraph .
7 The preceding paragraphs shall apply mutatis mutandis in the event of the disappearance of an exceptional pensioner and a widow (widower) or a former spouse (spouse) of an exceptional pensioner (spouse) of a person who is a beneficiary of a pension Participant (contestant) to the Resistance.
8 If more pension is paid than corresponds to Article 27 The excess payment shall be recovered to the extent that it can be reckoned with an excess of the death allowance under this Article.
9 If a missing person appears to be alive, what may be a temporary pension, as intended in Article 16 , and any death allowance granted under this Article has been paid out, shall be recovered.
For the application of Article 31a and the decisions taken to implement them are defined as:
a. Pension amounts: Article 2, first paragraph , bearing pensions plus the supplement under the Special pensions law, 1966 Before the date of entry into the Articles 12 , below 20 and 29a applied;
b. basis, which for the application of Article 12, second paragraph (b) apply for the recharge of income with the special pension: the provisions of the Special pensions law, 1966 increased foundations;
c. ceilings referred to in the Articles 17, e, f, and g, 18, 1st Member and 19, 1st Member : under the provisions of the Special pensions law, 1966 Fictitious increased ceilings.
1 The special pension or guarantee supplement is adjusted by the Social Insurance Bank in accordance with the standards and conditions with which the amount, named in Article 8 (a) of the minimum wage law and minimum holiday allowances By Article 14 of that Act shall be reviewed.
2 Pension amounts specified in: Article 31b, first paragraph, point (a) , according to the principles and conditions with which the amount, mentioned in the Article 8 (a) of the minimum wage law and minimum holiday allowances By Article 14 of that Act shall be reviewed.
3 In the case of the adaptation referred to in paragraph 1, the date of the most recent or amended special pension as may be determined in accordance with the first paragraph or adapted from the last Member State or from the date of application of the first paragraph as adjusted by the Guarantee allowance.
The adjustment referred to in paragraph 1 shall be made without the decision being made by decision.
5 The adjusted extraordinary pension or guaranteed guarantee allowance referred to in paragraph 4 shall be paid at the next payment after the adjustment has taken place.
1 If Article 31 A Application has been found to:
a. Pension amounts: the amounts raised or reduced under that Article;
b. basis, which for the application of Article 12, second paragraph , apply for the recharge of income with the extraordinary pension: the Article 31, point B , as defined above, which, in accordance with Article 31 A the pension amounts have been revised, fictitious;
c. ceilings referred to in the Articles 17, P. , f. and G , 18, 1st Member and 19, 1st Member : the Article 31, point C , ceilings referred to in accordance with Article 31 A have been subject to a revision of the pension amounts.
2 The amounts of the pension and the amounts of the bases and ceilings referred to in paragraph 1 shall be rounded up to the whole of the euro.
1 If the monthly income of
a. A participant in the opposition who is entitled to an extraordinary pension;
b. the widow, mentioned in Article 14, first paragraph , which is entitled to an extraordinary pension, or
c. a widower named in Article 14, fourth paragraph, point A , which is entitled to an extraordinary pension, is lower than it was on the basis of Article 31 f. applicable standard amount, a guarantee allowance shall be granted to that extraordinary pensioner, equal to the difference between his or her monthly income and the applicable standard amount.
2 In the case of a general measure of management, rules relating to the income referred to in the first paragraph shall be laid down.
The applicable standard amount shall be:
a. for the pensioner, who is the pensionable age, intended for Article 7a, first paragraph, of the General old-age law , not yet achieved: 70% of the minimum pension base on a monthly basis;
b. for the pensioner who is the pensionable age, intended for Article 7a, first paragraph, of the General old-age law , has reached: 50% of the minimum pension base on a monthly basis, plus 20% of the amount of the gross retirement pension for the pensioner, as set out in Article 4 (1). Article 9, first paragraph, point (a) of the General Old Age Law as well as of the amount of gross holiday benefit determined in accordance with Article 29, first paragraph, introductory wording and point (a) of that law .
The guarantee allowance is on the first day of the month, in which entitlement to the guarantee allowance has been created.
1 If the pensioner is in his exceptional pension or guarantee supplement, the income dependent on the income of the pensioner Article 43 of the Zorginsurance Act , he's due, he's entitled to a surcharge. This supplement shall be the percentage of the special pension or the guarantee supplement corresponding to the contribution rate referred to in Article 4 (1). Article 45, second paragraph, of the Zorginsurance Act , multiplied by one and a half, to the extent that the pension or guarantee allowance is attributable to the part of the contribution-income referred to in Article 43, second paragraph, part a, of the Zorginsurance Act .
2 If the pensioner is in his special pension or guarantee supplement, the contribution of the pensioner Article 69, second paragraph of the ZorgInsurance Act , he's due, he's entitled to a surcharge. For the calculation of this supplement, the first paragraph, second sentence, shall apply mutatis mutandis.
3 The amount of the contribution to be taken into account shall not exceed, on an annual basis, the amount referred to in Article 43, third paragraph, of the Zorginsurance Act .
4 On the supplements referred to in the first and second paragraphs, it shall be Eighth chapter Subject to application, except for the Articles 31i and 35a .
The special pension referred to in the Articles 9 , 17 and 18a , the guarantee allowance mentioned in Article 31e , as well as the multiplication, mentioned in the Articles 10 and 11 , shall be rounded up to whole euro.
1 The extraordinary pensions and guarantee supplements are met on a monthly basis.
2 The first period shall be fixed and paid as soon as possible, but no later than 13 weeks after the date of the award.
3 If the particulars and documents supplied by the interested party are insufficient to determine the first instalment, the Social Insurance Bank shall request the person concerned to submit such information and documents. The period of 13 weeks referred to in paragraph 2 shall in such cases be suspended from the date on which the Social Insurance Bank made the request for a request until the date on which the information and documents were supplied.
4 The time limits for an extraordinary pension and a guarantee allowance, which have not been recovered within one year of the first month in which the benefit may have taken place, shall no longer be paid, unless the person concerned has been given a benefit of the Social Security Bank can prove that, in excess of that period, there has been a consequence of circumstances, of its will to be independent.
5 The payment of an exceptional pension and a guarantee allowance shall be made in accordance with the rules applicable to a general measure.
1 The pensioner, sentenced to a custodial sentence of three months, to placement in a State working establishment, to placement in a disciplinary school for three months, or to any more severe punishment, or at the order of the judge at the order of the The Government shall, on the basis of the time during which it is subjected or automatically be subject to his education, or during which he or during which he/she withdraws from the flight to the execution of the judgment, misses the enjoyment of the sentence. Pension and guarantee allowance.
2 The Social Insurance Bank shall have jurisdiction over the amount of the pension and the amount of the guarantee allowance in whole or in part, on or for the benefit of the spouse, the right-hand descendants, who are not yet the age of twenty-one. have been reached and have not been married or have been married, or have their blood relatives pay out in the ascending line of the pensioner.
3 The social security bank also has jurisdiction to use, as far as the jurisdiction of the previous paragraph is concerned, no use, the pensioner, who is already or is not conditionally out of prison, from the State working establishment or from the School of Tuchtal -or whose education of Regulation has been terminated by means of a benefit of a benefit of up to half of the amount not paid, up to a maximum of half of the annual amount of the exceptional (i) pension and guarantee allowance.
1 The special pension shall be cancelled by the Social Insurance Bank:
(1) where, for five consecutive years from the first day of collection of such a period, each recovery has been omitted;
2. when the pensioner:
a. Being of a Dutch nationality, without our consent, being in a foreign ministry or foreign civil service;
b. is not of Dutch nationality, is in foreign service or foreign civil service or is a member of a power, who is at war with the Netherlands, even though that power is its own country.
2 In special cases, an extraordinary pension due under this Article may be reallocated by the Social Insurance Bank. Such a decision shall not be taken after it has been agreed by a royal decree. Consent may be withheld because of conflict with law or public interest.
Where an exceptional pensioner is included in an establishment for the care of the mentally ill or in the mentally retarded, or is not included in such establishment, on grounds of mental illness, it is not in a position to grant discharge in respect of the payment of his extraordinary pension and guarantee allowance, the Social Insurance Bank shall be entitled to pay the extraordinary pension and the guarantee allowance to a person or institution to be designated by him. In other special cases, the Social Insurance Bank also has the power to pay the special pension and the guarantee supplement, rather than to the pensioner, without having to pay his/her authorisation to a person who has been consulted by him in consultation with the Foundation. 1940-1945 to designate person or institution.
The Social Insurance Bank shall be empowered to waive all or part of the claim arising from the application of this Law, or to waive all or part of those claims. Such a decision shall not be taken after it has been agreed by our Minister. Consent may be withheld because of conflict with law or public interest.
1 Pension amounts specified in: Article 31 B , the death allowance, for the purpose of Article 30 A , the guarantee allowance, for the purpose of Article 31 P. , and the fees are not susceptible to alienation or forage.
2 The death allowance, for the purpose of Article 30 A , and the fees are not susceptible to seizure.
3 Power to receive the extraordinary pension, of the death allowance, for the purpose of Article 30 A , the guarantee allowance, for the purpose of Article 31 P. , or of the fees, is always revocable.
4 Each clause, contrary to any provision of this Article, shall be null and void.
By way of derogation from Article 6: 7 of the General Administrative Law Act the period of time for the submission of the statement of objection shall be thirteen weeks if the person concerned is established abroad.
1 Of the decision on the objection of objection, a communication is made to the Foundation 1940-1945.
2 Article 25 B shall apply mutatis mutandis.
3 By way of derogation from Article 7:10, 1st, 3rd and 4th member, of General Law governing law The Council or the Social Insurance Bank shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired. In the event of special circumstances, this period may be extended once for a period not exceeding four weeks. The Council or the Social Insurance Bank shall make written notification of the extension to the person concerned and to the Foundation 1940-1945.
4 If the person concerned is established abroad, the periods referred to in the third paragraph shall be extended by eight weeks.
By way of derogation from Article 6: 7 of the General Administrative Law Act the period for lodging the appeal shall be thirteen weeks if the person concerned is established abroad.
1 If the injury, mutilation, diseases or defects, as intended in Article 4 If, at the time of granting of the extraordinary pension, the participant in a situation where he was entitled to a special pension at the time of the grant of an exceptional pension, the participant would have been given a special pension than was granted, he shall be in a position to be the application for an application submitted to him for the time being that higher than an exceptional pension.
2 Where the application for an exceptional pension referred to in paragraph 1 does not receive an exceptional pension within two years from the date on which it was to be awarded in accordance with the provisions of the first paragraph, it shall be awarded more than pension in the first day of the month, following the one in which the application was entered.
1 The pension base of the participant in the resistance, having worked for a continuous period of at least three years other or more comprehensive activities than those established in relation to that basis, or for the duration of the period of employment of the participant, Case, that the Article 8 (4) Where the person concerned is responsible for carrying out the work during the same period, the person concerned shall, on the basis of the injury, mutilation, disease or defect, be referred to in the following year. Article 4 , or to terminate the aggravation thereof, again, at the request or at the request of his survivors. This reassessment shall be carried out in accordance with the conditions laid down in Article 8 On the understanding that, for the part of the basis relating to the income arising from the activities of the participant in the resistance, the reassessment of that part of the base takes account of the circumstances of the year, in which the the previous sentence The year preceding that, the year preceding that in which the income arising from such activities as a result of an injury, mutilation, illness or defect, was to be terminated. Article 4 , or have suffered a reduction in the aggravation of that reduction.
2 Where the pension base is fixed again, the invalidity rate shall also be calculated as: Article 9 , again determined.
3 The new definition of the pension base and the invalidity rate shall be omitted if it is established that it would not lead to a higher degree of extraordinary pension.
4 The amount of the pension based on the revised base shall begin on the first day of the month following that in which the work referred to in paragraph 1 has been completed. The provisions of Article 26, second paragraph , shall apply mutatis mutandis. No lower amount will be payable year by year than if the first member had not found an application.
1 A decision of the Council or of the Social Insurance Bank may, by reason of its inaccuracy, be reviewed by the Council or the Social Insurance Bank on the basis of the facts established by that decision, or on the basis of the facts established by that decision; data which were not known at the time of the adoption of that Decision, and which, if they had been known, would have led to a decision to the contrary. If this revision would lead to the withdrawal of the right to an extraordinary pension, the review decision shall first be given after the person concerned has been heard by the Council or by the Social Insurance Bank.
2 If a decision taken under this law is to be revised to the detriment of the person concerned, what has already been paid pursuant to that decision shall not be recovered or settled, unless it is stated in the review decision, that the apparent inaccuracy of the facts established in the original decision was due to its intention or gross negligence.
3 A decision, arising out of the application of this Article, shall be communicated to the Foundation 1940-1945.
The Council or the Social Insurance Bank shall have jurisdiction, either by or on account of the person concerned, by a decision given by the Council or by the Social Insurance Bank or by the Central Board of Appeal, or in favour of the latter. was subject to a review of that decision or of the person concerned.
By a decision arising out of the application of the Articles 41 , 41 A and 42 A is the fifth chapter of corresponding application, with the exception of Article 25, third paragraph , and Article 25 A .
1 The special pension or guarantee supplement, with the exception of the amount of the pension Article 8 Established pension base and the invalidity rate referred to in Article 9 , re-established:
a. Where the pensioner or his spouse is the pensionable age, Article 7a, first paragraph, of the General old-age law , reached;
b. when the pensioner enters into marriage or his marriage is terminated by divorce or death of his spouse;
(c) where the pensioner is permanently separated from his spouse;
d. when a child or foster child of the retirement age becomes majority;
e. where the pensioner is entitled to the payment from a new source of income; or
f. where the pensioner is no longer entitled to the payment from a source of income, unless he has secured the expiration of that claim.
2 The first paragraph, and (e) and (f) shall apply mutatis mutandis to the income of the pensioner's spouse, in so far as they determine the amount of the special pension or the guarantee supplement.
The decision referred to in paragraphs 1 and 2 shall be taken within a period of 13 weeks from the date on which the necessary information has been brought to the attention of the Social Insurance Bank.
4 As a result of a decision referred to in the first or second paragraph too little or too little is paid, the social security bank shall recover or be credited or refunded by the social insurance bank. Recovery may take place in time limits to be determined by the Social Insurance Bank.
1 Upon application by the beneficiary, the special pension or guarantee supplement, with the exception of the following: Article 8 Established pension base and the invalidity rate referred to in Article 9 , once again established if the pension to be established is at least 1% of the pension base applicable at the date of application or the guarantee allowance to be fixed at least 1% of the amount applicable on the date of application of this application Minimum pension base on a monthly basis is higher than the last established or adjusted pension or the last established or adjusted guarantee allowance, provided that this is not the result solely of the price price account of income generated by the entitled to be entitled to or his spouse.
2 If application is given to the first paragraph, the extraordinary pension re-established or the re-established guarantee allowance shall enter on the first day of the month in which the application was lodged.
3 In a decision resulting from the application of the first paragraph, Article 25, fifth paragraph , mutatis mutandis.
The person concerned shall, on request, be required to provide such information as are necessary for the implementation of this Law or general measures of administration adopted pursuant to this Law.
1 The in-laws, who on the day, prior to those, on which Article 396, First paragraph, of Book 1 of the Civil Code (new) enters into force, are entitled to an extraordinary pension under Article 15, first paragraph, point (e) In conjunction with Article 17, g , retain this right, if and for as long as they would have it, when Article 464 of the Civil Code (old) would still be in effect.
2 The mother-in-law, who on the day preceding the one, on which Article 396, First paragraph, of Book 1 of the Civil Code (new) enters into force, has a view on the reallocation of extraordinary pension under Article 28, third paragraph , retains this view, if and for as long as it would have it, when Article 464 of the Civil Code (old) would still be in effect.
The provisions necessary for the implementation of this Law shall be adopted by a general measure of management.
This law may be cited under the heading 'Law of extraordinary pension 1940-1945'.
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 ' s-Gravenhage, the 22nd of August 1947
WILHELMINA.
The Minister of the Interior,
BEEL.
The Minister of Finance,
P. SWEETINCK.
The Minister for Social Affairs,
W. DREES.
Issued the ninth of September 1947.The Minister of Justice,
J. H. VAN MAARSEVEEN.
