Abp Privatisation Law

Original Language Title: Wet privatisering ABP

Read the untranslated law here: http://wetten.overheid.nl/id/BWBR0007791/2016-03-01/0

Law of 21 december 1995, on the privatisation of the General Civil Pension Fund We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All who read this will see or hear, greetings! do: So We have considered, it is appropriate that the responsibility for the pensions of public employees in the hands of the social partners concerned and the General Civil Pension Fund into a private pension fund where the pension and spaarfondsenwet applies, and that in this connection, a provision should be struck on insurance against incapacity for work of that staff;
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand to this: § 1. General article 1 In this Act and the provisions based thereupon, the following definitions shall apply: a. AAW: the general disability bill;
b. ABP: the General Civil Pension Fund referred to in article L 1 of the Abp-law;
c. Abp-law: the General Civil Pension Act;
d. official income: the income referred to in article C 1 of the Abp-law;
e. officer: the officer, referred to in articles B 1, B 2 and B 3 of the Abp-law as well as the one officer is under the article B 7, part b, of the Abp-legislation, as they stood on 31 december 1995;
f. Amp-law: the General military Pensions Act;
g. B 3-body: a private law body that on 31 december 1995, on the basis of article B 3 of the Abp-law, was appropriate or on the basis of article 2 of the Abp-law was supposed to have been designated as body whose staff officer in whole or in part within the meaning of the Abp-law;
h. Central Committee: the Central Commission for Cooperation in the civil service, referred to in article 105 of the General Officials regulation;
i. participation: (A) the fracture, referred to in Article 1a, paragraph 2, of the Abp-law, as that provision was on 31 december 1995;
j. nettopensioen: the nettopensioen referred to in article 1 of the Pension Act;
k. Our Minister: Our Minister of the Interior and Kingdom relations;
l. Government personnel: the Government employees and the military, referred to in article 1, paragraph 1, of the Amp-law, as well as those who under paragraph 2 of that article below are understood, with regard to the provisions of article 4 (A) of that Act;
m. Government boss: any authority or administration competent to appoint or recruitment and dismissal of a federal employee and for the application of paragraphs 4, 9 and 10 the Foundation for the care of the pensions of the staff of the Royal Court of the House of Orange-Nassau;
n. Government employee: the Federal employee, referred to in article 2;
o. [Red:;] p. DAS: the Council for the Overheidspersoneels policy;
q. sector boss: 1 °. of the staff working in the sector of America: Our Minister;
2 °. of the staff working in the Defence sector: our Minister of defence;
3 °. of the staff working in the sector police: Our Minister of security and justice;
4 °. of the personnel working in the field of Judiciary: Our Minister of security and justice;
5 °. of the staff working in the sector municipalities: the Association of Netherlands municipalities;
6 °. of the staff working in the sector: the Interprovinciaal Overleg Provinces;
7 °. of the staff working in the sector water boards: the Association of regional water authorities;
8 °. of staff not employed in one of the under 1 ° to 7 ° these sectors: (a). the sector boss of the sector to which the institution where the workforce is concerned, given the nature of the efficacy of that institution, the terms of employment or financial relationship with one or more Government or educational institutions, or (b). the boss of the sector by the Minister designated sector, or (c). a designated by the Minister, with the mentioned under 1 ° to 7 ° sector on an equal footing with employers, other authority or other authority;
r. [Red:;] s. DISABILITY INSURANCE: the law on insurance against incapacity for work;
t. WAO-benefit: the Conformal with analogous application of the DISABILITY INSURANCE disability pension granted, referred to in article 32;
u. Law FVP/ABP: the law financial services privatisation ABP.

Article 2 1 Federal employee within the meaning of this law is the one that: a. at a public-law body is hired or recruited on contract of employment under civil law and that therefore, paid or rewarded is directly charged to a body governed by public law;
(b) is employed by a private-law body that giving education to institutions as referred to in this part aim, paid or rewarded is directly charged to that body and for that reason is working to: 1 °. a Dutch special institution of science education, a special institution of higher vocational education school, course, training or other special education setting, if the personnel costs for at least 51 percent by the Government be reimbursed pursuant to a procedure involving conditions for funding, applied or established under the responsibility of the Minister under whose jurisdiction over the Department setting;
2 °. a Dutch special institution of higher vocational education school, course, training or other special education setting, which, under law by the Minister of education, culture and science have been designated as competent to meet the students or pupils with exams on the basis of the same favourable consideration to issue diplomas or certificates if which are distributed by corresponding government-funded institutions;
3 °. a Dutch special elementary school or special special school for primary education, a Dutch school for particularly special education or particular secondary special education, or a Dutch school or institution for particularly special and secondary special education-other than referred to in 1 °-whose schoolwork, according to a plan submitted by our Minister of education, culture and science to the private law body on request issued decision meets the under or pursuant to the Law on primary education or the law on certain centres of expertise about education activities or subjects, and number of class hours, for so long that body meets to include in this decision the conditions and stipulations;
c. is employed by a private-law body that provide support of adult education aim, paid or rewarded is directly charged to that body and for that reason is working to support a private law institution, of which staff costs for at least 51 percent by the Government be refunded;
d. is employed by a private-law body referred to in article 68 of the law on primary education, article 69 of the law on centres of excellence and article 53b of the law on secondary education, of which staff costs for at least 51 percent shall be paid by the Governments by the schools be funded;
e. in the service of a partnership referred to in article 1 of the law on primary education and is employed by a partnership referred to in article 1 of the law on secondary education;
f. is employed by a B 3-body;
g. official on 31 december 1995 within the meaning of the Abp-law pursuant to article 1 of that law, or on the basis of article 65 of the social insurance organization law, as that article was on 31 december 1994, and whose employment is terminated on 1 January 1996.
2 by way of derogation from the first paragraph are no federal employee: a. persons whose service relationship is entered on or after the time of their retirement age, referred to in Article 7a, paragraph 1, of the General old age pensions Act;
b. ministers, Secretaries of State, members of Parliament, Councillors and the representative for the public sector bodies Bonaire, Sint Eustatius and Saba;
c. Presidents and members of boards of water boards, unless the function connected to their work a day job forms and claim they paid or rewarded are directly charged to the water Board;
d. Chairmen and members of boards of other public bodies than in part c, whose function predominantly a representative nature, unless the function connected to their work a day job forms and claim they paid or rewarded are directly charged to a body governed by public law, not being a public body for job and company as referred to in article 134 of the Constitution;
e. the Governors of Aruba, Curaçao and St. Maarten;
f. [Red:;] g. persons employed by the public sector bodies, for job and company referred to in article 134 of the Constitution;
h. persons employed by the Netherlands Organisation for applied scientific research (T.N.O.);
i. the national ombudsman and Deputy Ombudsmen;
j. the persons and groups of persons working for Our Minister to set by rules, which rules in accordance with the Board of the Stichting Pensioenfonds ABP be adopted, on the basis of their particular working conditions or the special nature of their work;

k. persons employed by a B 3-setting in respect of whom the indication referred to in article B 3 of the Abp-law, it is provided that they have no official within the meaning of that Act;
l. persons employed by a B 3-setting de-designated on or after 1 January 1996 is or is repealed, with effect from the date of that withdrawal.
3 it is also classified as federal employee one who is employed by: a. the Stichting Pensioenfonds ABP;
b. a private law body that between 31 december 1995 and the date of entry into force of the Act amending the law in connection with the amendment of the privatisation ABP indication conditions for participation in the ABP (Stb. 2001, 537) by the Minister on the basis of the objective and financial relationship to one or more bodies governed by public law is designated as a body whose employees participate in the Stichting Pensioenfonds ABP or that before the said entry into force the request;
(c) a private law body, whose terms and conditions of employment of the employees of that body match the conditions of employment of the staff working in one of the sectors referred to in article 1 (q), part 1 to 8, that between 16 november 2001 and the date of entry into force of the Act amending the law privatisation ABP in connection with the deletion of the indication power to a private law body as body whose employees participate in the Stichting Pensioenfonds ABP (Stb. 2014, 143), by the Minister is designated as the body whose employees participate in the Stichting Pensioenfonds ABP. 4 the Minister may, in accordance with the Minister of Social Affairs and employment a ministerial order provide that parts of the terms and conditions of employment of the workers and parts of the working conditions of a sector, for the comparison that follows from the application of paragraph 3 (c) excluded.
5 for the purposes of paragraphs 4, 9 and 10, as well as of article 57 is also classified as a federal employee the one that belongs to the staff of the Royal Court, referred to in article 1, paragraph (b), of the law consequences privatization ABP for the staff of the Royal Court.

Article 3 1 B an indication under article 3 of the Abp-law is classed as an indication under article 2, paragraph 3, subparagraph (b).
2 our Minister may, after hearing the Board of the Stichting Pensioenfonds ABP and de Nederlandsche Bank N.V., an indication no later than the date referred to in article 21, paragraph 3, if the body no longer meets one or more of the requisite conditions or meets the requirements referred to in article 2, paragraph 3, point (b) or (c). 3 If the fifth Member application is given , article 22, paragraph 3, shall apply mutatis mutandis.

§ 2. The pensions of the Government personnel and the Stichting Pensioenfonds ABP Article 4 1 the claims of government employees, former Government employees and their survivors in respect of pensions, as well as their related obligations, shall be laid down in an agreement under civil law.
2 our Minister and the majority of the power plants of government personnel who are represented in the Central Committee, are entitled to the conclusion of the agreement referred to in paragraph 1, which enters into force on 1 January 1996.
3 the majority of the employers ' sector and the majority of the power plants of government personnel, United in the Council for the Overheidspersoneels policy, after 1 January 1997 are authorised to change or replace the agreement referred to in the first paragraph.
4 The option referred to in the second and third paragraphs shall not apply in respect of the B 3-body that with effect from 1 January 1996 or a later date no longer participates in the Stichting Pensioenfonds ABP. 5 The public employers and Government employees are bound to the agreement referred to in paragraph 1, and required to impose compliance with what is provided in the statutes and regulations of the pension fund or in an implementing agreement as referred to in the Pensions Act, concluded with an insurer.
6 the agreement, referred to in paragraph 1, as well as an amendment to or replacement thereof, referred to in paragraph 3, by the Minister in the Government Gazette. The agreement, a change and a replacement thereof do not occur earlier than on the second day after the date of the Official Gazette in which they are posted.

Article 5 1 if the boss and the majority of the sector within the relevant sector representative associations of government personnel or power stations of government personnel jointly so decide, can, after withdrawal of the compulsory membership in accordance with article 21, paragraph 3, the agreement referred to in article 4, paragraph 1, in so far as the private sector, be closed by that sector boss and the majority of those associations of government personnel or power stations of government personnel.
2 In accordance with the relevant sector boss and after the opinion of DAS have received this determines our Minister or an Association of public servants which is not affiliated with any station of government personnel, representative in one or more sectors.
3 by or pursuant to order in Council can rules concerning the powers as of the time referred to in article 21, paragraph 3, until the conclusion of the agreement referred to in article 4, paragraph 1, with regard to B 3-bodies and private operators as referred to in article 2, paragraph 3, subparagraph (b), which with effect from 1 January 1996 or a later date to the Stichting Pensioenfonds ABP have joined.

Article 6 1 the Minister is authorized, on behalf of the State of the Netherlands to take part in the creation of the Stichting Pensioenfonds ABP. 2 The Stichting Pensioenfonds ABP aims to be as an industry pension fund as provided for in the Pensions Act working for Government, education and thereby affiliated private operators.
3 In the articles of Association of the Stichting Pensioenfonds ABP can be determined that the Foundation has a broader objective than those referred to in paragraph 2.

Article 7 1 the person concerned obtains with effect from 1 January 1996 claims to old-age and survivors ' pension to the Stichting Pensioenfonds ABP which in totality are equivalent to the view or the right that he on 31 december 1995 in respect from the Abp-change law and the laws of that law, subject to what is provided in this regard in paragraph 3.
2 the person concerned obtains in accordance with paragraph 4 with effect from 1 January 1996 claims for disability pension or re-employment allowance towards the Foundation pension fund ABP, which together with the claims vis-à-vis the FAOP on a disability insurance based benefit pursuant to article 32, paragraph 1, read in conjunction with article 37 in totality are equivalent to the corresponding claims under the Abp-change law and the laws of that law.
3 the first and second paragraph shall not apply in respect of the staff member of the ABP which article 27 applies, subject to paragraph 4 of that article.
4 the Board of Stichting Pensioenfonds ABP provided to the one on 31 december 1995 official or right to disability pension, as well as to former officer as far as possible to those who have no pension is granted, a written statement of the views of accumulated under his employment under the Abp-pension law. This declaration shall contain at least the applicable service for pension, as well as the two calculation principles that would have worked if to him would be granted under the Abp-pension law with effect from 1 January 1996.
5 The declaration referred to in paragraph 4, is classed as a decision as referred to in article 1:3 of the General Administrative Law Act. In respect of this task chapter S of the Abp-law, as it was on 31 december 1995 shall apply mutatis mutandis, it being understood that is understood under: a. Directors: the Board of the Stichting Pensioenfonds ABP;
b. Board of Directors: the Board of the Stichting Pensioenfonds ABP.

Article 8 1 For the applicant on 31 december 1995 in accordance with: a. the articles D 1 and D 2, second paragraph, of the Abp-law;
b. Article T 4 or you 8a of the Abp-law;
c. Article V of the law of 28 april 1976 amending the General Civil Pension Act and other State pension laws related to retirement of Suriname from the Kingdom (Stb. 323);
d. the parts C and article IX, X, of the law of 7 May 1986 amending the General Civil Pension Act and other State pension laws (Stb. 303);
e. Article III, part B, of the law of 3 July 1986 amending the General Civil Pension Act and the railway Pensions Act relating to members who have not yet reached the age of 25 years (Stb. 393);
f. Article 33 of the law privatisation Railway pension fund;
g. Article 76 of the law FVP/ABP;
as those articles were ringing on 31 december 1995, time that is not as an officer within the meaning of the Abp-law is spent (external service time) partly as a service within the meaning of the Abp-law eligible could do require that service time with effect from 1 January 1996 as service time to the Stichting Pensioenfonds ABP, unless interested for 1 January 1998 has indicated that he does not wish that acquisition.

in paragraph 2, part a, article 75 of the time referred to external service remains Law FVP/ABP, as that article was on december 31, 1995, shall apply.
3 the Board of Stichting Pensioenfonds ABP does to the interested of contents of the external service time, referred to in paragraph 1. On this Declaration is article 7, paragraph 5 shall apply mutatis mutandis.
4 Unless interested has indicated no timely acquisition of external service time to be desired, by the Board of the Stichting Pensioenfonds ABP communication from the acquisition done to the relevant pension authority, to the extent necessary in connection with the occurrence of a double pension award by the Stichting Pensioenfonds ABP retrieved external service time or the application of article 33 of the law article 76 of the law Railway Pension Fund privatization or FVP/ABP.

Article 9 [expired per 01-06-2001] § 3. The details of existing pension entitlements as at 31 december 1995 (General) article on 31 december 1995 10 1 pensions and existing views of pension are submitted by the Board of the Stichting Pensioenfonds ABP adapted to General remuneration changes and one-off payments, in accordance with article 8 of the Abp-law, as that article on said date, unless the financial position of the Pension Fund are compelling by this adjustment. In the pension regulations of the Stichting Pensioenfonds ABP is determined when there is the financial position referred to in the preceding sentence.
2 by way of derogation from the first paragraph, the pensions and existing views on retirement, in all cases, adapted to a modification or replacement of the indexation method in the agreement referred to in article 4, paragraph 1, to which the employers ' sector and power plants by government personnel, referred to in article 4, paragraph 3, decisions in the manner referred to in article 4.
3 In the pension regulations of the Stichting Pensioenfonds ABP may be provided that the adjustment referred to in the first paragraph in principle on one or more fixed times of the year and is based on the General remuneration changes and one-time adjustments that are over a certain period of time prior to the said data have occurred.

Article 11 1 In the pension regulations of the Stichting Pensioenfonds ABP can be determined that the existing pension entitlements as at 31 december 1995 be determined taking into account the calculation basis, referred to in article F 4 of the Abp-law, for the year 1995, in force on 31 december 1995 respectively shall middelsom middelsom or custom, referred to in article F 6 of the Abp-law , and the uniform franchise, referred to in article F 7aa of the Abp-law. One and other in such a way that a correction factor is determined with regard to the calculation base or the franchise, with which the correction factors for pension current service time as far as located before 1 January 1996 is multiplied.
(2) if the pension regulations of the Stichting Pensioenfonds ABP provisions means in accordance with paragraph 1, they shall contain a reference also provides that the person concerned is notified to the correction factors referred to in that paragraph, what communication is provided with an adequate explanation.

Article 12 In the pension regulations of the Stichting Pensioenfonds ABP can be determined that the pension about service time for 1 January 1996 by the one who after 31 december 1995 Federal employee within the meaning of this law, is calculated based on the amount converted to a year income that the person concerned received during the month of January of the calendar year preceding the calendar year of resignation and of the fixed charges belonging to the Ministerial income within the meaning of article C 1 of the Abp-law, as it was on 31 december 1995, which interested received in the calendar year preceding such month of January.

Article 13 1 In the pension regulations of the Stichting Pensioenfonds ABP may impose the installation of the pension under the General old age pensions Act in the pension is calculated on service time for 1 January 1986, are determined that this shall be subject to 2% per year of service of: a. the amount converted amount to up to a year pension under the General old age pensions Act which the party concerned for the purposes of that law as unmarried is deemed to be , is entitled or would be entitled if he would have been insured under that law, with regard to the said person concerned;
(b) twice the amount converted amount to up to a year pension under the General old age pensions Act which the party concerned for the purposes of that law as married, is entitled or would be entitled if he would have been insured under that law, in respect of the said interested.
With the understanding that, if, in application of the Abp-law, as it was on 31 december 1995, would be given to article 12 application, the installation amount is multiplied by the fraction referred to in that article.
(2) if the pension regulations of the Stichting Pensioenfonds ABP provisions means in accordance with paragraph 1, they shall contain a reference also provides that a surcharge is granted to the person concerned: a. for time during the applicable service for pension time coincides with periods of time during which the person concerned or his spouse or the person who under the General old age pensions act partly as a spouse is deemed to be, or voluntarily insured not insured under that law;
b. in the event the spouse of the person concerned or the one under the General old age pensions act partly as a spouse is deemed to be, the age of 65 years has not reached and interested is not entitled to the full surcharge provided for in article 8 of the said law.
3 paragraphs 1 and 2 shall apply mutatis mutandis in respect of: a. a pension, a temporary allowance and an orphan's pension provided for in the General insurance for widows and orphans;
b. a pension or benefit awarded pursuant to any provisions of the legislation of the Netherlands Antilles, Aruba or of a foreign power as far as to nature and scope corresponding to a pension under the General old age pensions Act or a pension or benefit under the General insurance for widows and orphans.

Article 14 1 In the pension regulations of the Stichting Pensioenfonds ABP may impose the reduction of the installation of the pension under the General old age pensions Act in the pension is calculated on service time for 1 January 1986, referred to in articles 14 and 15 of the Abp J J-law as they stood on 31 december 1995, provide that instead of that reduction is granted a surcharge.
2 the first paragraph shall apply mutatis mutandis in respect of: a. a pension, a temporary allowance and an orphan's pension provided for in the General insurance for widows and orphans;
b. a pension or benefit awarded pursuant to any provisions of the legislation of the Netherlands Antilles, Aruba or of a foreign power as far as to nature and scope corresponding to a pension under the General old age pensions Act or a pension or benefit under the General insurance for widows and orphans.

Article 15 In the pension regulations of the Stichting Pensioenfonds ABP can be determined that the claims on particularly survivor's pension of the former husband of the one on 31 december 1995 official and federal employee after that date within the meaning of this law, whose divorce for or not later than the said date has been established, shall be adopted in accordance with the calculation basis referred to in article F 4 of the Abp-law, for the year 1995.

Article 16 [expired per 01-06-2001] § 4. The details on existing claims on 31 december 1995 disability pension Article 17 1 The applicant on 31 december 1995 is entitled to one or more invalidity pensions or allowances under the re-employment Abp-law whose duration is not with effect from 1 January 1996 has passed, as of that date towards the Stichting Pensioenfonds ABP only supports a claim for an invalidity pension or allowance referred to in article 7 , second paragraph, in so far as the claim for disability pension in force on 31 december 1995, relocation allowance what height and duration respectively, exceeding the entitlement to a DISABILITY INSURANCE benefit pursuant to article 32, paragraph 1-compliant, read in conjunction with article 37.
2 the Board of the FAOP makes the established claim to be a disability insurance based benefit known to the Board of the Stichting Pensioenfonds ABP.

Article 18 In the pension regulations of the Stichting Pensioenfonds ABP may provide for the disability pension or relocation allowance, referred to in article 17, paragraph 1, on which interested shall be entitled as from 1 January 1996, is adjusted in accordance with changes in the right to the disability insurance based benefit, referred to in article 32, paragraph 1, read in conjunction with article 37.

Article 19 1 referred to in article 17, paragraph 1, interested that on 1 January 1996, the age of 65 years has not yet reached, to the first day of the month in which he reaches that age at least claim to the duty time pension reduced by the claim to be a disability insurance based benefit.
2 The duty time pension referred to in paragraph 1, it is only the service time at the time of the dismissal, an old-age pension calculated without applying the installation of general pension or deduction of a franchise.

3 as regards the duty time pension is article 11 shall apply mutatis mutandis, it being understood that in the pension regulations of the Stichting Pensioenfonds ABP may provide that the claim on duty time pension can be expressed as a percentage of the adjusted middelsom, referred to in article 11, paragraph 1.

Article 20 articles 17 to 19 shall apply mutatis mutandis to the disability pension of the person concerned, referred to in article 59, paragraph 1, after the end of the right on his nature and scope with re-employment benefits his re-employment wachtgeld wachtgeld matching, it being understood that in article 18, paragraph 1, for "article 32, paragraph 1, read in conjunction with article 37" should be read : article 32, paragraph 1, read in conjunction with article 42.

§ 5. Compulsory membership in the Stichting Pensioenfonds ABP Article 21 1 The Government employees are required to take part in the Stichting Pensioenfonds ABP to the amount on the basis of article 18ga, first paragraph, of the law on the payroll tax wage 1964 to the pensioengevend belongs.
2 The Stichting Pensioenfonds ABP has the task at the request of: a. the sector boss, or b. the Government boss, that Government employees in service has referred to in article 2, paragraph 1 (f) and paragraph 3 (b) and (c) to grant exemption for nettopensioen of the nettopensioenregeling of the Stichting Pensioenfonds ABP or to withdraw the exemption granted. The Stichting Pensioenfonds ABP sets the conditions under which the exemption is granted or withdrawn, it being understood that the claims on a non at the Stichting Pensioenfonds ABP completed arrangements for the nettopensioen at least equivalent to those of the Stichting Pensioenfonds ABP. the (a) and (b) employers are without exemption required the nettopensioenregeling of the Stichting Pensioenfonds ABP to the Government employees.
3 On a by Royal Decree, on the recommendation of our Minister of the Interior and Kingdom relations in accordance with the Minister of Social Affairs and employment, to be determined time is the law compulsory membership in an industry Pension Fund 2000. The compulsory membership in the Stichting Pensioenfonds ABP pursuant to the first paragraph from that date is classified as a compulsory membership in the first sentence under the law, which in that case participation referred to in article 22, paragraph 3, settled conditions or in article 23, paragraph 2, in accordance with law and the rules laid down on the basis of the latter can be changed or withdrawn.
4 by way of derogation from the third paragraph articles 5, 6, 7, 8, 14 and the ministerial order based, 17, 18, 19, 20 and 39, sixth and seventh paragraph, of the law compulsory membership in an industry Pension Fund 2000 shall apply mutatis mutandis as from the date on which this law enters into force until the date referred to in paragraph 3.

Article 22 1 until the time provided for in article 21, paragraph 3, may, at the joint request of the Board of a B 3-body or a private law body that under article 2, paragraph 3, subparagraph (b), is designated as a body whose employees participate in the Stichting Pensioenfonds ABP, and the staff of that body, which designation by the Minister be repealed.
2 The application for withdrawal referred to in paragraph 1, on behalf of the staff can be done by the organizations that represent the staff concerned in the terms of employment consultation.
3 withdrawal of the indication referred to in article 2, paragraph 3, part b, shall be applied only if the pension entitlements of: a. the employees of the body concerned;
b. the former employees of the body concerned, in so far as they are not employed after their dismissal entered another body as referred to in article 2 or of a voluntary body that is affiliated with the Stichting Pensioenfonds ABP or ABP or their pension entitlements across the Stichting Pensioenfonds ABP wipe have gone as a result of value-transfer;
c. the retired, former employees of the body concerned;
d. the victims ' families in the workers referred to parts a, b and c;
through collective value transfer to another Pension administrator provided for in the Pensions Act in such a way that compliance with the requirements laid down in that law to the collective value transfer.

Article 23 1 On the joint request of the boss and the majority of the sector within the relevant sector representative associations of civil servants or public employees can power stations of the compulsory membership of the relevant sector in the Stichting Pensioenfonds ABP by the Minister of Social Affairs and employment are hereby repealed with effect from a date that is not before the time referred to in article 21 , paragraph 3, is located.
2 the third paragraph of article 22 shall apply mutatis mutandis.

§ 6. Transition of the ability of the ABP Article 24 1 subject to paragraph 2 and subject to article 76, paragraph 2, on 1 January 1996, all assets of the ABP under general title to the Stichting Pensioenfonds ABP. 2 with regard to the transition of assets referred to in paragraph 1, the charge of transfer tax.
3 with regard to the assets referred to in the first paragraph which to book in public registers, will change of the ascription in those registers. The necessary tasks are submitted by the Board of the Stichting Pensioenfonds ABP to the administrators of the relevant registers.

Article 25 1 the Board of the ABP does of all assets under article 24 on the Stichting Pensioenfonds ABP, as at 31 december 1995, a statement by the auditor referred to in article L 10 of the Abp-law, and the actuarial expert referred to in article L 11 of that law, in consultation with a certified public accountant designated by the Minister.
2 The declaration referred to in the first paragraph is referred to by the Board of the Stichting Pensioenfonds ABP deposited at the Office of the trade register where he according to the articles of Association has its seat.
3 the valuation of the assets referred to in the first paragraph shall be governed by the by the Board of the ABP fix rules, which require the approval of our Minister.

§ 7. The staff at the ABP Article 26 1 Any staff member of the ABP, whose activities are in the work of the Stichting Pensioenfonds ABP and in respect of whom the administration of the ABP no different has decided, is about in the service of that foundation on a contract under civil law with effect from 1 January 1996.
2 the employment contract is valid for an indefinite period, unless the staff member is appointed on a temporary basis for specific time or working in fixed-term employment contract. In the latter cases, the employment contract for the period that the appointment or employment contract of the ABP would have persisted.
3 the employment contract is for a feature that most closely corresponds to the function that the staff member most recently in service of the ABP than is appropriate for him.
4 serve in totality working conditions equivalent to those applicable to the staff member as apply in respect of his employment relationship of the ABP. The Board of the ABP allows detailed rules in this area.
5 the content of the employment contract referred to in paragraph 1, by the Board of the ABP submitted no later than 1 september 1995 to the staff member.
6 within six weeks of the date on which the staff member reasonably knowledge of the content of the employment contract, referred to in paragraph 1, can he inform the Board of the ABP that he opposed transition in service of the Stichting Pensioenfonds ABP. By the Board of the ABP rules are set with regard to the examination of the objections. The Board of the ABP decided to 21 december 1995 on the objections.
7 If the Board of the ABP explains the objections in whole or in part well founded, he can by way of derogation from the first paragraph decide that the staff member does not move in the service of the Stichting Pensioenfonds ABP or the staff member an employment contract with the Stichting Pensioenfonds ABP offer whose content is in compliance with its decision on the objections.
8 the staff member in respect of whom the Board has decided that he does not move in the service of the Stichting Pensioenfonds ABP, with effect from 1 January 1996, ipso jure, honorably discharged from the service of the ABP. He has with effect from that date for three months at the expense of the Stichting Pensioenfonds ABP claim to laatstgenoten by payment of his salary. It is also on him with effect from that date the ontslaguitkerings conditions of employment as at 31 december 1995 for him gold, on the understanding that the payment of the allowance under such scheme shall be suspended until 1 april 1996 and for the determination of the duration of the benefit is considered to be 1 april 1996 as the date of dismissal.

9 by way of derogation from the first paragraph will be no employment contract with the employee who within a week of the decision of the Board of the ABP on the objections is that the emergence of the employment contract against his will. The Member of staff referred to in this paragraph shall apply from 1 January 1996 by operation of law honorably discharged. He has on that date shall be charged to the Stichting Pensioenfonds ABP claim to an amount the size of three times its last enjoyed monthly remuneration.
10 by the establishment of an employment contract with the Stichting Pensioenfonds ABP is the staff member of right honorably discharged from the service of the ABP is not entitled To such a dismissal. based on a termination benefit.

Article 27 [expired per 01-01-1996] § 8 article 28 [expired per 01-06-2001] article 29 [expired per 01-06-2001] article 30 [expired per 01-01-2002] article 31 [expired per 01-06-2001] § 9 Article 32 [expired per 01-01-1998] Article 32a [expired per 01-01-1998] article 33 [expired per 01-01-1998] article 34 [expired per 01-01-1998] article 35 [expired per 01-01-1998] article 36 [expired per 01-01-1998] article 37 [expired per 01-01-1998] article 38 [expired per 01-01-1998] article 39 [expired per 01-01-1998] article 40 [expired per 01-01-1998] article 41 [expired per 01-01-1998] article 42 [expired per 01-01-1998] article 43 [expired per 01-01-1998] article 44 [expired per 01-01-1998] Article 44a [expired per 01-01-1998] article 45 [expired per 01-01-1998] § 10 article 46 [expired per 01-01-1998] article 47 [expired per 01-01-1998] article 48 [expired per 01-01-1998] article 49 [expired per 01-01-1998] article 50 [expired per 01-01-1998] article 51 [expired per 01-01-1998] article 52 [expired per 01-01-1998] article 53 [expired per 01-01-1998] § 11. Miscellaneous and final provisions article 54 [expired per 01-01-1996] article 55 1 If on 1 January 1996 no agreement as referred to in articles 28 and 31, paragraph 2, and no order in Council referred to in article 31, paragraph 1, are established, you may experience the provisions referred to in article 77, the parts b to m, as they stood on 31 december 1995 , such contracts and order in Council in place until completion of the system referred to in paragraph 8 in totality can enter into force.
2 for as long as application is given to the first member, the Board or the Board of the Stichting Pensioenfonds ABP in the place of the Board or the Executive Committee of the ABP.

Article 56 for the purposes of the Pension Act, the Government Sector employers ' Covenant Foundation classified as employers ' Association.

Article 57 [expired per 01-01-1998] article 58 1 the one that on 31 december 1995 is entitled to a waiting money as referred to in article 1 (A), part i, of the Abp-law or a similar benefit as referred to in article 4 of that law, and official was within the meaning of that law, is obliged to take part in the Stichting Pensioenfonds ABP as long as its right to wait for money continues.
2 with regard to the wachtgelder referred to in the first paragraph, the provisions in the statutes and regulations of the Stichting Pensioenfonds ABP of application that will apply to former Government employees.

Article 59 [expired per 01-01-1998] article 60 [expired per 01-01-1998] article 61 1 by way of derogation from article 77, part a, chapter S of the Abp-law continues to apply in respect of decisions referred to in the said chapter who before 1 January 1996.
2 in respect of acts of the administration or the Board of the Stichting Pensioenfonds ABP taken following requests or requests received before 1 January 1996 on the basis of the Abp-law, chapter S of the Abp-law shall apply mutatis mutandis.
3 for the purposes of paragraphs 1 and 2, with effect from 1 January 1996 is understood under: a. Directors: the Board of the Stichting Pensioenfonds ABP;
b. Board of Directors: the Board of the Stichting Pensioenfonds ABP.

By way of derogation from article 77, article 62 In the parts b to m, W 3 W 2 and articles of the Amp-law shall apply with regard to decisions that are taken before 1 January 1996.

Article 63 [expired per 01-01-1998] article 64 Article 65 [aging by 01-01-1998] [Red: contains amendments to other regulations.]

Article 66 [Red: contains amendments to other regulations.]

Article 66a 1 decisions of the FAOP by virtue of its task pursuant to article 46, paragraph 1, taken before 1 January 1996, until the date on which the supervisory College of social insurance, referred to in article 2 of the social security organization law, this will have been approved but not after 1 January 1997, classified as approved by that college in so far as it concerns decisions: a. relate the second in conjunction with article 49, first paragraph, of the law referred to part of the budget FVP/ABP in article 21a of the law implementation costs referred to;
b. require the approval of the above college on the basis of article 15, paragraph 1, of the social insurance organization law; or (c). in accordance with article 18 of the General disability bill, such as that law was on the day preceding the date of entry into force of article II of the Invoeringswet new and modified disability schemes, and articles 27 and 28 of the law on insurance against incapacity for work.
2 in the case of college, referred to in the first paragraph, to a decision of the FAOP remembers approval as referred to in paragraph 1, are valid during the period referred to reserves the decision up to the date of the said decision of the College.

Article 67 [expired per 01-07-1998] article 68 [Red: contains amendments to other regulations.]

Article 69 [Red: modifies this law.]

Article 70 [Red: contains amendments to other regulations.]

Article 71 [Red: contains amendments to other regulations.]

Article 72 [Red: contains amendments to other regulations.]

Article 73 [Red: contains amendments to other regulations.]

Article 74 1 the Board of Stichting Pensioenfonds ABP provided to our Minister the statistical information needs related to its administrative responsibility for the overheidspersoneels policy.
2 about this information are submitted by the Minister and the Board made further agreements.

Article 75 1 The Stichting Pensioenfonds ABP has for the cost of the already entered on 31 december 1995 pensions awarded under the Abp-law as well as for the cost of the claims referred to in article 17, which, as a result of an accident caused his story on the one that, in the absence of that provision, in connection with causing the accident against a federal employee or his survivors would be liable under civil law for the then by this ago damage.
2 as far as the Board of the ABP pursuant to article P 1 of the Amp-law on 31 december 1995 was in charge of the implementation of already entered on that date pensions of survivors of soldiers within the meaning of that law, is the first member in respect of the costs of those pensions shall apply mutatis mutandis, if such pensions are housed at the Stichting Pensioenfonds ABP. 3 The Stichting Pensioenfonds ABP has also story for the cost of the between 1 January 2001 and 31 december 1995 allocated pensions as a result of an accident are assigned to a federal employee or his survivors, a person who, in the absence of that provision, in connection with causing the accident against a federal employee or his survivors would be liable under civil law for the damage suffered by this matter in that case.
4 the third paragraph shall apply mutatis mutandis in respect of the cost of between 31 december 1995 and 1 January 2001 awarded pensions of survivors of soldiers within the meaning of the Amp-law, if such pensions are housed at the Stichting Pensioenfonds ABP. 5 articles 2 and 3 of the Verhaalswet accidents officials regarding the story referred to in the first to the fourth member shall apply mutatis mutandis.

Article 76 [expired per 01-01-1998] article 77 are Repealed: (a) the Abp-law;
b. chapters G and H of the Amp-law;
c. the military Weduwenwet 1922;
d. the second chapter of the Pensions Act for the land forces 1922, as well as article 76 of that Act, to the extent that it relates to the pension for survivors;
e. the second chapter of the Pensions Act for 1922 the naval force, and article 77 of that Act, to the extent that it relates to the pension for survivors;
f. the second chapter of the Pensions Act for the staff of the land forces reserve-1923, and article 55 of that Act, to the extent that it relates to the pension for survivors;
g. the second chapter of the Pensions Act for the staff of the Royal Naval reserve 1923 and article 55 of that Act, to the extent that it relates to the pension for survivors;
h. Article 8 of the special pensions Act reserve-staff land forces (Stb. 1949, J 344);
i. Article 4 of the Pensions Act for the volunteers at the landstorm 1925;
j. Article 11 of the law 1914-1918 the extraordinary pension (Stb. 1948, I 496);

k. the second paragraph of article 2 of the law of 4 november 1950 until further down the arrangements in the area of military pensions, which are issued during the enemy occupation, as well as further amendment of various laws, which regulate regarding military pension (Stb. 1950, K 479);
l. articles 7 and 8 of the special groups reserve personnel pension Act 1956;
m. Article 5 of the law of 22 december 1938, to amend and supplement the Pensions Act for officers of the Royal Naval reserve, which-in addition to an existing shortage of professional officers in the Royal Navy-closed for that purpose by them under a voluntary commitment for an indefinite period of time in active service, as well as for their widows and bringing up orphans (Stb. 1938, 504).

Article 78 1 this law shall enter into force with regard to articles 4, 6, 10, second and sixth member to 16, 17, third paragraph, 24, paragraph 3, 25 to 31, 46, 48 and 53 in effect as of the day following the date of issuance of the Official Gazette in which it is placed and works what these articles back to 1 August 1995.
2 the other articles of this law shall enter into force with effect from 1 January 1996.

Article 79 this Act is cited as: charges and recommend that this privatisation ABP. Law in the Official Gazette will be placed and that all ministries, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
Given Beatrix the Hague, 21 december 1995 the Minister of Home Affairs, h. f. Dijkstal The Secretary of State for defence Gmelich Meijling, j. c. g. Salmon, the Minister of finance Issued the 27th december 1995 the Minister of Justice, w. Sorgdrager