Key Benefits:
Law of 21 December 1995, privatization of the General Civil Pension Fund
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to assume responsibility for the pensions of the public sector employees of the social partners concerned and, in view of the fact, that the general civil pension fund should be used to cover the forming a private sector pension fund to which the Pension and savings fund law be applicable, and provision should be made for the provision of a provision to cover the incapacity for work of that staff;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. AAW: the General Incapacity For Work;
b. ABP: the General Civil Pension Fund, referred to in Article L 1 of the Abp Act;
c. Abp-law: the General Civil Pensions Act;
d. official income: the administrative income referred to in Article C 1 of the Abp Act;
e. official: the official referred to in Articles B 1, B 2 and B 3 of the Abp Act, as well as the person who is a civil servant pursuant to the rules laid down pursuant to Article B 7 (b) of the Abp Act, such as those in place on 31 December 1995;
f. Amp law: the General Military Pension Act;
g. B 3-body: a body governed by private law which on 31 December 1995, under Article B 3 of the Abp Act, was designated or regarded under Article U 2 of the Abp Act to be designated as a body the staff of which is wholly or partly official within the meaning of the Abp Act;
h. Central Commission: The Central Commission for Organized Consultation in Civil Service, referred to in Article 105 of the General Staff Regulations of Officials ;
ii. Part-time factor: the breakage referred to in Article A 1a, second paragraph, of the Abp Act, as that provision was made by 31 December 1995;
Net pension: net pension provided for in Article 1 of the Pensions Act ;
k. Our Minister: Our Minister of Internal Affairs and Kingdom Relations;
(l) public servants: the public servants and the military, referred to in Article A 1, first paragraph, of the Amp Act, and those under the second paragraph of that Article, in accordance with Article A (4) of the said Act;
(m) State-owned employer: any authority or administration empowered to appoint or to resign and to resign from a State employee and to the application of the Paragraphs 4 , 9 and 10 the Foundation for the care of the pensions of the staff of the Royal Court of Parliament of the House of Orange-Nassau;
n. government employee: the government employee, intended in Article 2 ;
o. [ Red: Expiring;]
p. the RDP: the Council for the Policy on Overland;
q. Sector employer:
1 °. of the personnel employed in the sector of the economy: Our Minister;
2 °. of the personnel employed in the Ministry of Defence: Our Minister of Defence;
3 °. of the personnel employed in the Sector of Police: Our Minister for Security and Justice;
4. of staff employed in the sector of the judiciary: Our Minister of Security and Justice;
5 °. of staff working in the municipalities sector: the Association of Dutch Municipalities;
6 °. of the staff employed in the sector of Provinces: Interprovincial Consulate;
7 °. of the staff working in the Waterboards sector: the Union of Waterboards;
8 °. of personnel not working in any of the sectors listed under 1 ° to 7 °: (a) . the sector employer of the sector to which the institution employing the relevant staff is counted, having regard to the nature of the activity of that institution, the conditions of employment or the financial relationship with one or more of the following: public or educational institutions, or (b) . the sector employer of the sector designated by our Minister, or (c) . a sector employers appointed by Our Minister, with the employers of industry listed below 1 ° to 7 °, other authority or other authority;
r. [ Red: Expiring;]
s. WAO: the Incapacity for work insurance ;
t. WAO-Compliance allowance: The disability benefit granted by corresponding application of the WAO, referred to in Article 32 ;
u. FVP/ABP: the Privatization of financial services ABP .
1 Public employee within the meaning of this Act is the person who:
a. has been appointed or employed by a public body under civil law and who is paid or remunerated directly by a public body;
(b) being employed by a body governed by private law which is intended to provide, for the purposes of this part, the education of the institutions referred to in this Part, shall be directly charged to that body and for that purpose from that body:
1 °. a Dutch special institution of scientific education, a special institution for higher vocational education, a school, course, training or other institution for special education, if its staff costs are to be used for At least 51% are reimbursed by the public authorities under a system of financing, applied or created under the responsibility of Our Minister, whose department is the institution of the institution;
2. a Dutch special institution for higher vocational education, a school, course, training or other institution for special education provided by our Minister of Education, Culture and Science by virtue of legal provision Designated as competent to provide students or students with the same diplomas or attestations issued by institutions financed by the public authorities on the basis of examinations which have been awarded a favourable outcome;
3 °. a Dutch special elementary school or special special school for primary education, a Dutch school for special special education or special secondary education, or a Dutch school or institution for special education. special and secondary special education, other than those of 1 °, the school working plan of which satisfies the requirements of the decision of the Minister of Education, Culture and Science on the basis of a request from private law on request at or by virtue of the Law on primary education or the Law at the centres of excellence certain teaching activities or subjects, and number of hours of teaching, for such length as that body complies with the conditions and conditions to be included in this Decision;
(c) is employed by a body governed by private law which aims to provide support for adult education, to be paid or remunerated directly to that body and for that purpose, to a private law; support institution, whose personnel costs are reimbursed for at least 51% by the government;
d. in the service of a private law body as intended in Article 68 of the Law on Primary Education , Article 69 of the Law at the centres of expertise and Article 53b of the Secondary Education Act , whose personnel costs are financed by the schools for at least 51% of the public funds;
e. in the service of a partnership as referred to in Article 1 of the Law on Primary Education and in the service of a partnership as referred to in Article 1 of the Act of Article 1 of the Law on secondary education ;
f. is in the service of a B 3-body;
g. who on 31 December 1995 was a civil servant within the meaning of the Abp Act pursuant to Article U 1 of that Act, or under Article 65 of the Civil Insurance Organization Law, as in that Article, as of 31 December 1994, and whose employment is 1 January 1996 has not been completed.
2 By way of derogation from the first paragraph, no public employee shall:
a. Persons whose service ratio has entered on or after the time at which they are the retirement age, as referred to in Article 7a, first paragraph, of the General old-age law have been reached;
b. Ministers, secretaries of State, deputees, aldermen and the State Representative for the public entities Bonaire, Sint Eustatius and Saba,
(c) Chairs and members of boards of waterboards, unless the work of their duties is a daily task and they are paid or remunerated directly from the watership;
Presidents and members of boards of bodies governed by public law other than those referred to in subparagraph C, whose function is predominantly representative, unless the activities connected with their functions constitute a daily task and they do not. Remunerated or remunerated direct to a body governed by public law, other than a public body for occupation and business, as referred to in Article 3 (1), Article 134 of the Constitution ;
e. Governors of Aruba, Curaçao and Sint Maarten;
f. [ Red: expiring;]
g. persons employed by the public bodies for occupation and business of the type Article 134 of the Constitution ;
h. persons employed by the Netherlands Organisation for Applied Natural Scientific Research (T.N.O.);
i. the National Ombudsman and substitute ombudsmen;
j. the persons and groups of persons who, by rules to be laid down by our Minister, are adopted, in accordance with the management of the Foundation Pension Fund ABP, on the basis of their special working conditions or special conditions of employment. the nature of their work has been designated;
k. persons employed by a B 3 institution in respect of whom the designation provided for in Article B (3) of the Abp Act provides that they are not an official for the purposes of that Act;
(l) persons employed in the service of a B 3 establishment whose designation has been or is to be withdrawn after 1 January 1996, with effect from the date of such withdrawal.
3 The person employed as a public employee shall also be deemed to be employed:
a. The Foundation Pension Fund ABP;
b. a body governed by private law that was established between 31 December 1995 and the date of entry into force of the Law amending the Privatisation of ABP in relation to the amendment of the terms of reference for participation in the ABP (Stb. 2001, 537) by our 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 Pension Fund ABP or, to that end, prior to the said the time of entry into force the request had been made;
c. a body governed by private law, whose working conditions of the workers of that body correspond to the conditions of employment of staff working in one of the sectors listed in Article 1 (q) (1) to (8), which between 16 November 2001 and the date of entry into force of the Act amending the Act to privatization ABP in connection with the deletion of the appointing authority for a body governed by private law as a body for which the employees participate in the Stichting Pension Fund ABP (Stb. 2014, 143), by Our Minister, is designated as a body whose employees participate in the Foundation Pension Fund ABP.
4 Our Minister can, in agreement with our Minister of Social Affairs and Employment by Ministerial Regulations, provide that parts of the working conditions of the workers and parts of the working conditions of a sector, for the the comparison which follows from the application of the third paragraph, point (c), shall not be taken into account.
For the purposes of the application of the Paragraphs 4 , 9 and 10 , as well as Article 57 the person who belongs to the staff of the Royal Court shall also be regarded as a public worker, as a Article 1 (b) of the Act on the consequences of the privatisation of ABP for the staff of the Royal Court .
1 A designation under Article B 3 of the Abp Act is to be regarded as a designation Article 2, third paragraph, part b .
2 Our Minister can, after hearing the management of the Stichting Pension Fund ABP and the Nederlandsche Bank N.V., give a clue no later than before the time Article 21, third paragraph , withdraw if the body no longer complies with one or more of the prescribed conditions or meet the requirements as intended Article 2 (b), third paragraph (b), .
3 Where application is made to the fifth paragraph, Article 22, third paragraph , mutatis mutandis.
1 The claims of public employees, former government employees and their survivors of pensions, and their related obligations, shall be laid down in an agreement under civil law.
2 Our Minister and the majority of the power stations of government personnel represented in the Central Commission shall be responsible for the conclusion of the agreement referred to in paragraph 1, which shall enter into force on 1 January 1996.
3 The majority of the employers ' sector and the majority of public sector staff members, united in the Council for the Policy on General Policy, have the power to amend or replace the provisions of the first paragraph after 1 January 1997. match.
4 The competence referred to in paragraphs 2 and 3 shall not apply to the B 3 body which, with effect from 1 January 1996 or a later date, no longer participates in the Stichting Pension Fund ABP.
5 Public employers and public workers are bound by the agreement referred to in paragraph 1 and compulsable to comply with what is required by the statutes and regulations of the pension fund or in a Member State. implementing contract as referred to in the Pension Act Closed with an insurer.
6 The contract referred to in paragraph 1, together with any amendment or replacement thereof, referred to in paragraph 3, shall be entered by Our Minister in the Official Gazette placed. The Agreement, a change and a replacement thereof shall not enter into force earlier than with effect from the second day following the day of the day of the day's day. Official Gazette where they are placed.
1 If the employer and the majority of public or public sector staff associations within the relevant sector jointly decide to do so, after withdrawal of the compulsory holding, in accordance with Article 21, third paragraph , the agreement, referred to in Article 4, first paragraph In so far as they concern their own sector, they are concluded by the employer and the majority of those associations of public or public service personnel.
2 In agreement with the relevant sector employer and after receiving the opinion of the RDP, Our Minister or an Association of Public Service Personnel not affiliated to a central government staff shall determine the relevant information to be taken by the Secretary of State. is representative in one or more sectors.
3 In the case of, or under general management measure, rules may be laid down regarding jurisdiction as from the time, intended in Article 21, third paragraph , to the conclusion of the Article 4, first paragraph , as regards B 3-bodies and private-law bodies as referred to in Article 4 (2) of the EC Treaty Article 2, third paragraph, part B , which acceded from 1 January 1996 or a later date to the Stichting Pension Fund ABP.
1 Our Minister is authorized to participate, on behalf of the State of the Netherlands, in the establishment of the Stichting Pension Fund ABP.
2 The Foundation Pension Fund ABP aims to serve as a company pension fund as intended Pension Act to be employed for the purposes of public administration, education and related bodies of private law.
3 The Statute of the ABP Pension Fund provides that the Foundation may have a broader objective than that referred to in the second paragraph.
1 The person concerned shall, from 1 January 1996, obtain from the Foundation Pension Fund ABP, an old-age and survivors ' pension which is equivalent to the view or right of his/her entitlement to it on 31 December 1995. derives from the Abp Act and the amending laws of that Act, taking into account what is relevant in the matter Section 3 is determined.
2 The person concerned shall be subject to the following conditions: Section 4 from 1 January 1996, entitlement to an invalidity pension or relocation allowance vis--vis the Stichting Pension Fund ABP, which together with the claims to the FAOP for a WAO-conform benefit under Article 32, first paragraph In conjunction with Article 37 totality are equivalent to the corresponding claims under the Abp Act and the amending laws of that Act.
3 The first and second paragraphs shall not apply in respect of the staff member of the ABP to whom Article 27 is applicable, subject to the fourth paragraph of that Article.
4 The management of the Foundation Pension Fund ABP is granted to the person who is a civil servant or entitlement to an invalidity pension at 31 December 1995, and to the former official to whom no pension has yet been granted, to the person who has not yet been granted a pension. written indication of the view of retirement accrued under his service under the Abp Act. This task shall include at least the service period applicable to retirement and the two calculation bases that would have been used if he had been granted a pension under the Abp Act as from 1 January 1996.
5 The declaration referred to in paragraph 4 shall be deemed to be a decision to be taken into account in the fourth paragraph of Article 1: 3 of the General Administrative Law . As regards this task, the provisions of Chapter S of the Abp Act, which shall apply by analogy to 31 December 1995, shall apply mutatis mutandis, including:
the Steering Board of the Pension Fund of the Pension Fund ABP;
b. Executive Board: the Executive Board of the Foundation Pension Fund ABP.
1 For the party concerned, which, on 31 December 1995, following:
(a) Articles D 1, second paragraph, and D 2 of the Abp Act;
b. Article T 4 or U 8 A of the Abp law;
c. Article V of the Law of 28 April 1976 amending the General Civil Pensions Act and other public pension laws relating to the withdrawal of Surinam from the Kingdom ( Stb. 323);
d. Article IX, Parts C and X, of the Law of 7 May 1986 amending the General Civil Pensions Act and other public pension laws ( Stb. 303);
e. Article III, Section B, of the Law of 3 July 1986 amending the General Civil Pensions Act and the Railway Pensions Act with regard to shareholders who have not yet reached the age of 25 ( Stb. 393);
g. Article 76 of the Act FVP/ABP;
such as those articles in the middle of 31 December 1995, which were not spent as an official in the sense of the Abp Act (external service time) as a time of service within the meaning of the Abp Act, that service period shall apply as from from 1 January 1996 to the Foundation Pension Fund, ABP, unless it has indicated before 1 January 1998 that it does not wish to take over that acquisition.
2 With respect to the part of the first paragraph, A The external service period covered by Article 75 of the FVP/ABP Act, which was the same as that provided for by that Article on 31 December 1995, shall continue to apply.
3 The management of the Foundation Pension Fund ABP shall notify the person concerned of the external service period referred to in the first paragraph. On this list is Article 7, fifth paragraph , mutatis mutandis.
4 Unless the interested party has indicated in good time that it does not wish to take over external service time, the management of the Pension Fund of the Pension Fund ABP shall notify the relevant pension authority in so far as it is necessary for the prevention of a double pension award on the external service taken over by the ABP Pension Fund or the application of the Article 33 of the Privatisation Pension Fund Act or Article 76 of the Act FVP/ABP.
1 The pensions already entered into on 31 December 1995 and existing prospects of retirement are adjusted by the management of the Foundation Pension Fund ABP to general salary changes and one-off benefits, in accordance with Article A 8 of the the Abp Act, as that article was stated on the said date, unless the financial position of the pension fund is binding against that adjustment. The pension rules of the Pension Fund of the Pension Fund ABP are defined when the financial position referred to in the preceding sentence is referred to.
2 By way of derogation from the first paragraph, pensions already entered into and existing prospects of retirement shall, in all cases, be adjusted to, or replace, the indexation method of the contract, as referred to in Article 2 (1) of the Agreement. Article 4, first paragraph , to which the sectoral employers and power stations of government staff referred to in Article 4, third paragraph, shall decide on the procedures referred to in Article 4.
3 The pension scheme of the Pension Fund of the Pension Fund ABP may stipulate that the adjustment referred to in paragraph 1 shall, in principle, take place at one or more fixed times in the year and shall be based on the general remuneration changes and one-off adjustments that occurred during a certain period prior to the dates specified.
1 The pension regulation of the ABP pension fund provides that the pension claims existing at 31 December 1995 must be determined taking into account the basis for calculation referred to in Article F (4) of the Abp Act, for the benefit of the pension fund. year 1995, the average or adjusted average, in force on 31 December 1995, referred to in Article F 6 of the Abp Act, and the uniform franchise provided for in Article F 7a of the Abp Act. In such a way as to establish a correction factor in respect of the calculation basis, the franchise shall be based on the appropriate corrective factors for the period of service in respect of which the pension is situated for 1 January 1996. is multiplied.
2 Where the pension regulations of the Foundation Pension Fund ABP include provisions in accordance with paragraph 1, it shall also provide that the person concerned shall be informed of the correction factors referred to in that paragraph, which shall be the subject of the provisions of the Staff Regulations of the Staff Regulations. Communication is provided with adequate explanatory notes.
The pension rules of the Pension Fund of the Pension Fund ABP stipulate that the pension on the period of service of 1 January 1996 of the person employed after 31 December 1995 under this law is calculated on the basis of the pension provided for in this Act. annual amount of herlent income received by the person concerned in January of the calendar year preceding the calendar year of dismissal and of fixed increases in official income within the meaning of Article C (1) of the Abp Act, as at 31 December 1995, which was received by the interested party in the calendar year preceding For the month of January.
1 In pension regulations of the Stichting Pension Fund ABP, reference may be made to the construction of the pension under the General Old-age Law In the pension calculated on the period of service before 1 January 1986, the pension shall be determined by two per cent per year of service of:
(a) the amount of a pension relent to an annual amount due to the General Old-age Law where the person concerned, who is regarded as unmarried for the purposes of that Act, has been entitled to be entitled to the same person where he would have been insured under that law;
b. Two times the amount of pension relent to an annual amount due to the General Old-age Law where the person concerned has, for the purposes of that Law, be entitled to be entitled to, or would have been entitled to, if he had been insured under that law, in respect of the person concerned.
It is understood that if, under the provisions of the Abp Act, which was applied by 31 December 1995 to Article J 12, the amount of the sum to be paid is multiplied by the breakdown referred to in that Article.
2 Where the pension regulations of the Stichting Pension Fund ABP include provisions in accordance with paragraph 1, it shall also provide that a supplement shall be granted to the person concerned:
a. for the period of time for which the period of service in respect of pensions coinces with time during which the person concerned or his spouse or his spouse or his spouse General Old-age Law be regarded as a spouse, not insured or have been voluntarily insured under that law;
(b) in the case of the spouse of the person concerned or of the person who has been General Old-age Law The term 'spouse' means that the age of 65 has not yet reached the age of 65 and does not have a right to the full supplement referred to in Article 8 of that law.
3 The first and second paragraphs shall apply mutatis mutandis in respect of:
a. a pension, a temporary benefit, and an orphan's pension as defined in the General Widows and Road Law;
(b) a pension or benefit granted under the legislation of the Netherlands Antilles, Aruba or a foreign power, to the extent that according to the nature and the effects of a pension corresponding to a pension under the General Old-age Law or a pension or benefit under the General Widows ' Law and Road Act.
1 In pension regulations of the Stichting Pension Fund ABP, the reduction in the construction of the pension under the pension fund may be reduced by the following: General Old-age Law the pension calculated on the period of service of 1 January 1986 referred to in Articles J 14 and J. 15 of the Abp Act, as they were in the midst of 31 December 1995, provides that a supplement is to be granted instead of the reduction.
2 The first paragraph shall apply mutatis mutandis in respect of:
a. a pension, a temporary benefit, and an orphan's pension as defined in the General Widows and Road Law;
(b) a pension or benefit granted under the legislation of the Netherlands Antilles, Aruba or a foreign power, to the extent that according to the nature and the effects of a pension corresponding to a pension under the General Old-age Law or a pension or benefit under the General Widows ' Law and Road Act.
The Pension Fund of the Pension Fund of the Foundation of the Pension Fund of the Foundation of the European Union (ABP) may provide that the claim to special survivors ' pensions of the former spouse of the person who is a civil servant at 31 December 1995 and after that date is a State worker within the meaning of the Staff Pension Fund. the law, whose divorce has been established for or by the date specified, shall be determined in accordance with the basis of calculation provided for in Article F (4) of the Abp Act, for 1995.
1 The person concerned which, on 31 December 1995, is entitled to one or more invalidity pensions or reemployment allowances under the Abp Act for which the period has not expired from 1 January 1996 shall be entitled to effect from that date. to the Stichting Pension Fund ABP only a claim to an invalidity pension or a relocation allowance referred to in Article 7, second paragraph In so far as the entitlement to invalidity pension, invalidity pension entitlement, as regards height and duration, is valid on 31 December 1995, exceeds the entitlement to a WAO-conform benefit resulting from the Article 32, first paragraph In conjunction with Article 37 .
2 The board of the FAOP makes known the established claim to a WAO-compliant benefit to the board of the Stichting Pension Fund ABP.
The pension regulations of the Pension Fund of the Pension Fund ABP may stipulate that the invalidity pension or the reentry allowance shall be provided for in: Article 17, first paragraph Where the person concerned is entitled from 1 January 1996, it shall be adjusted in accordance with changes to the entitlement to the WAO-conform benefit provided for in Article 32, first paragraph In conjunction with Article 37 .
1 The in Article 17, first paragraph The person concerned, who, on 1 January 1996, has not reached the age of 65 years, shall, until the first day of the month in which he reaches that age, has at least his entitlement to the pension entitlement reduced by the person concerned. WAO-compliant benefit.
2 The amount of the service pension referred to in paragraph 1 shall be the oldage pension calculated only at the time of the dismissal, without the application of the construction of a general pension or deduction of a franchise.
3 In respect of the service time pension is Article 11 mutatis mutandis, except that the Pension Regulations of the Pension Fund of the Pension Fund ABP may stipulate that the claim to a service-time pension may be expressed as a percentage of the adjusted average sum of the amount of the service. Article 11, first paragraph .
The Articles 17 to 19 shall be applicable, mutatis mutandis, to the invalidity pension of the person concerned, Article 59, first paragraph After the end of the right of benefit corresponding to the amount of the payment of a resettlement allowance, or the amount of his resettlement allowance, except that in the case of the person concerned, the right to receive the cash-in-person allowance is not provided for in Article 18, first paragraph , for " Article 32, first paragraph In conjunction with Article 37 ' shall be read: Article 32, first paragraph In conjunction with Article 42 .
1 The government employees are required to participate in the Foundation Pension Fund ABP to the amount that is based on the Article 18ga, 1st paragraph, of the Law on the Pay Tax 1964 (i) the pension is a pension.
2 The ABP Pension Fund Foundation is responsible for the following:
a. the sector employer; or
b. the government employer, which employs government employees as intended in Article 2, first paragraph, point (f) and third paragraph, point (b) and (c) -exemption from the net pension scheme of the Stichting Pension Fund ABP or the waiver of the exemption granted. The Pension Fund of the Foundation ABP lays down the conditions under which the exemption is granted or is withdrawn, subject to a claim to a net pension scheme which is not to be assigned to the Foundation Pension Fund of the Pension Fund of the European Union. equivalent at least to that of the Stichting Pension Fund ABP.
The employers referred to in points (a) and (b) are obliged to offer the net pension scheme of the Stichting Pension Fund ABP to the public employees without exemption.
3 In a time to be determined by royal decree, on a proposal from Our Minister of Home Affairs and Kingdom Relations in accordance with our Minister of Social Affairs and Employment, the Compulsory participation in a company pension fund 2000 applicable. The compulsory participation in the Stichting Pension Fund ABP pursuant to paragraph 1 shall, from that date, be considered as 'compulsory' participation in accordance with the law referred to in the first sentence, which shall be taken in accordance with the provisions of the Act. Article 22, third paragraph , scheduled conditions or Article 23, second paragraph , in accordance with the latter law and the rules laid down on the basis thereof, may be amended or repealed.
4 By way of derogation from the third paragraph, the articles 5 , 6 , 7 , 8 , 14 and the ministerial arrangement based thereon, 17 , 18 , 19 , 20 and 39, sixth and seventh members, of the compulsory participation in a company pension fund 2000 applicable, mutatis mutandis, from the date on which that law enters into force until the date referred to in the third paragraph.
1 To the date specified in Article 21, third paragraph , may, at the joint request of the board of a B 3 body or a private law body which is due to Article 2, third paragraph, part b , is designated as a body whose employees participate in the Foundation Pension Fund ABP, and the personnel of that body, that designation by Our Minister is withdrawn.
2 The request for withdrawal, referred to in paragraph 1, may be made on behalf of the staff by the organisations representing the personnel concerned in the work-conditions consultation.
3 Withdrawal of the designation referred to in Article 2, third paragraph, part b , shall be taken only if the pension claims of:
a. the workers of the body concerned;
b. the former employees of the body concerned, in so far as they have not been employed by any other body as intended after their dismissal Article 2 or of a voluntary body affiliated to the Stichting Pension Fund ABP, or their pension claims against the ABP or the Stichting Pension Fund ABP completely destroyed as a result of value transfer;
(c) the retired former workers of the body concerned;
d. the survivors of the parts of the A , B and C workers referred to;
be assigned by means of collective value transfer to another pension exporter as referred to in the Pension Act , in such a manner as to comply with the requirements of That Act requirements imposed on the collective value transfer.
1 At the joint request of the sectoral employer and the majority of the publicly representative associations of government personnel or power stations within the sector concerned, the compulsory participation of the sector in question may be in the Stichting Pension Fund ABP by Our Minister of Social Affairs and Employment are repealed with effect from a date not prior to the time, intended in Article 21, third paragraph -It's located.
2 The Third paragraph of Article 22 shall apply mutatis mutandis.
1 Having regard to the second paragraph and subject to: Article 76, second paragraph , with effect from 1 January 1996, all assets of the ABP shall be entitled under a general title to the Stichting Pension Fund ABP.
2 The transfer of capital items referred to in paragraph 1 shall not be subject to the tax on transfer tax.
3 In respect of the assets referred to in paragraph 1 which have been published in public registers, a change in the conditions of such registers shall be carried out. The tasks required for this purpose shall be made by the Board of the Pension Fund ABP to the managers of the relevant registries.
1 The management of the ABP does of all assets which are transferred to the Stichting Pension Fund ABP under Article 24, making a statement by the auditor referred to in Article L 10 of the Abp Act as at 31 December 1995, and the actuarial statement. expert, as referred to in Article L 11 of that Act, in consultation with a register auditor appointed by Our Minister.
2 The statement referred to in paragraph 1 shall be deposited by the Management of the Foundation Pension Fund ABP at the premises of the Commercial Register where it has its seat in accordance with the Statute.
3 The valuation of the assets referred to in paragraph 1 shall be valued in accordance with the rules to be laid down by the management of the ABP, which require the approval of Our Minister.
1 Each member of staff of the ABP, whose work is in the field of activity of the Stichting Pension Fund ABP and in respect of whom the board of the ABP has not otherwise decided, shall be on the service of that Foundation to an agreement to (i) civil law as from 1 January 1996.
2 The contract of employment applies for an indefinite period of time, unless the staff member is employed in temporary employment for certain periods of time or working on a contract of employment for a specified period of time. In the latter cases, the contract of employment of the period of employment or employment of the ABP would have taken place.
The contract of employment concerns a function which corresponds as far as possible to the function which the staff member most recently fulfils in the service of the ABP or is appropriate for him.
4 The conditions of employment shall be equivalent to those as last applied to the staff member by virtue of his employment relationship with the ABP. The management of the ABP shall lay down detailed rules on the subject.
5 The contents of the contract of employment referred to in paragraph 1 shall be submitted to the staff member by the management of the ABP by 1 September 1995 at the latest.
6 Within six weeks of the date the staff member is reasonably aware of the contents of the contract of employment, referred to in the first member, he may inform the Board of the ABP that he has objections to the transition in Service of the Stichting Pension Fund ABP. The management of the ABP rules on the examination of objections. The board of directors of ABP decided on 21 December 1995 for objections.
7 If the Board of the ABP fully or partly justified the objections, it may, by way of derogation from the first paragraph, decide that the staff member shall not be transferred to the Pension Fund ABP or the staff member by his or her staff member. offer a contract of employment with the Stichting Pension Fund ABP whose content is in accordance with its decision on the objections.
8 The staff member in respect of whom the board has decided that he is not in the service of the Foundation Pension Fund, ABP, shall be discharged from the Office of the ABP with effect from 1 January 1996. He shall be entitled to the payment of his last remuneration for three months from the Foundation Pension Fund of the ABP Foundation for a period of three months from that date. At the same time, as from that date, he is resignable. Benefit plan applicable on 31 December 1995, except that the payment of the benefit under that scheme is suspended until 1 April 1996 and that for the purpose of determining the duration of that allowance is to be regarded as 1 April 1996 as Date of dismissal.
9 By way of derogation from the first paragraph, no contract of employment shall be established with the staff member who, within a week of the decision of the Board of the ABP, makes known that the contract of employment against his will be against his/her wishes a. The staff member referred to in this paragraph shall be automatically discharged from 1 January 1996. He is entitled to an amount equivalent to three times the last monthly remuneration of the Foundation Pension Fund for the benefit of the Pension Fund for the Development of the Fund.
10 By establishing a contract of employment with the Stichting Pension Fund ABP, the staff member shall be discharged from the service of the ABP without charge. Dismissal shall not be subject to any right to discharge in such a way.
If on 1 January 1996, no contract as referred to in the Articles 28 and 31, second paragraph , and not a general measure of governance as referred to in Article 31, first paragraph , have been established, the provisions referred to in Article 77, the parts B to: m As they were in place on 31 December 1995, for those agreements and general measure of administration in place until the time when it was in the Paragraph 8 the system as a whole may enter into force.
2 For as long as it is applied to the first member, the Board of Management shall, on the basis of the Executive Board of the ABP Pension Fund at the place of the Board, shall act as the Executive Board of the ABP, as a result, as a result.
For the purposes of the application of the Pension Act The Foundation is to be regarded as an employers ' association with the Government Sector Employers.
1 The person entitled to a cash waiting item as referred to in Article A (1) at 31 December 1995 I , from the Abp Act or an equivalent benefit referred to in Article A 4 of that Act, and on the basis of which was a civil servant within the meaning of that Act, is required to participate in the Foundation Pension Fund ABP as long as his right to waiting money It lasts.
2 With respect to the waitstaff referred to in paragraph 1, the provisions of the Statute and Regulations of the Foundation Pension Fund ABP shall apply which are applicable to former public sector employees.
1 By way of derogation from Article 77, part A , Chapter S of the Abp Act shall continue to apply in respect of acts referred to in the said Chapter which were taken before 1 January 1996.
2 With regard to decisions of the Board of Directors or the Executive Board of the Foundation Pension Fund ABP taken in response to requests or applications made on the basis of the Abp Act before 1 January 1996, Chapter S of the Abp Act has been adopted. corresponding application.
For the purposes of paragraphs 1 and 2 of this paragraph, the following shall be understood as from 1 January 1996:
the Steering Board of the Pension Fund of the Pension Fund ABP;
b. Executive Board: the Executive Board of the Foundation Pension Fund ABP.
By way of derogation from Article 77, the parts B to: m , Articles W 2 and W 3 of the Amp Act shall continue to apply in respect of decisions taken before 1 January 1996.
1 Decisions of the FAOP for the purpose of its task Article 46, first paragraph , taken before 1 January 1996, shall be considered until the date on which the Social Insurance Supervisory Board, referred to in Article 2 of the Social Insurance Organisations, shall have approved it, but no later than 1 January 1997. as approved by that college, in so far as it relates to decisions which:
(a) refer to the part of the budget referred to in Article 49, second in conjunction with first paragraph, of the FVP/ABP Act, relating to the part of Article 21 A execution costs referred to in that law;
(b) require the approval of the abovementioned College under Article 15 (1) of the Social Insurance Organisations Act; or
c. pursuant to Article 18 of the General Incapacity Act, as provided for by that Act on the day preceding the date of entry into force of the Law of the European Union, Article II of the Importing Act new and amended incapacity for work , and the Articles 27 and 28 of the Disability Insurance Act (Wet op de Disability) have been established.
2 In the event of the college referred to in paragraph 1 abstaining from a decision of the FAOP as referred to in paragraph 1, the decision shall retain its effect during the period up to the date of the decision of the College.
1 The administration of the Foundation Pension Fund ABP is providing the statistical information necessary to our Minister in connection with its administrative responsibility for the policy of government policy.
2 Further arrangements are made by Our Minister and the Board on this information.
1 The ABP Pension Fund Foundation has the costs of pensions already entered on 31 December 1995 under the Abp Act, as well as for the costs of the claims referred to in the Act of Article 17 Where the result of an accident is caused, the person who, in the absence of that provision, is responsible for causing the accident against a public worker or his survivors of civil law. be liable for the damage which they have suffered as a result.
2 In so far as the management of the ABP pursuant to Article P (1) of the Amp Act, on 31 December 1995, had been entrusted with the execution of pensions of survivors ' rights within the meaning of that law already entered into that date, the first paragraph shall be for the costs of such pensions, mutatis mutandis, where such pensions are assigned to the Stichting Pension Fund ABP.
3 The ABP Pension Fund Foundation also referred to the costs of pensions granted between 31 December 1995 and 1 January 2001 which were granted as a result of an accident to a public worker or to his survivors, to the person concerned. in the absence of such provision, which, in connection with the cause of the accident, would be liable to civil law against a State worker or his survivors for the damage suffered by those persons.
4 The third paragraph shall apply mutatis mutandis to the costs of pensions of survivors ' rights under the Amp Act granted between 31 December 1995 and 1 January 2001, if such pensions are assigned to them to the Stichting Pension Fund ABP.
5 The Articles 2 and 3 of the VerhaalsAct accident officials shall apply mutatis mutandis in respect of the story referred to in the first to the fourth paragraph.
Repealed:
a. Abp-law;
b. The Headings G and H of the Amp wet;
c. the Military Weduwenlaw 1922;
d. the second chapter of the Pensions Act for the Land Force 1922, as well as Article 76 of that Act, to the extent that it relates to the survivor's pension;
e. the second chapter of the Pension Act for the Naval Act 1922, as well as Article 77 of that Act, as far as that relates to the survivor's pension;
f. the second chapter of the Pension Act for the reserve staff of the Land Force 1923, as well as Article 55 of that Act, to the extent that it relates to the survivor's pension;
g. the second chapter of the Pension Act for the Staff of the Royal Navy Reserve 1923, as well as Article 55 of that Act, as far as that relates to the survivor's pension;
Article 8 of the Special Pensions Act, reserve personnel land power ( Stb. 1949, J 344);
i. article 4 of the Pension Act for the Volunteers of the Land Storm 1925;
j. Article 11 of the Law Extraordinary Pension 1914-1918 ( Stb. 1948, I 496);
k. the second paragraph of Article 2 of the Law of 4 November 1950 laying down the arrangements for military pensions, issued during the oaths of the occupation, and further change of different conditions laws, which govern the military pension ( Stb. 1950, K 479);
(l) Articles 7 and 8 of the Pensions Act special groups of reserve staff 1956;
m. Article 5 of the Law of 22 December 1938, amending and supplementing the Pensions Act for officers of the Royal Navy Reserve, which-in addition to a Royal Navy ' s existing shortage of professional officers-pursuant to a a voluntary commitment for an indefinite period of time is set up for an indefinite period of action and for their widows and weans ( Stb. 1938, 504).
1 This law shall enter into force as regards: Articles 4, 2nd and 6th paragraph , 6 , 10 to 16 , 17, third member , 24, third member , 25 to 31 , 46 , 48 and 53 in effect from the day after the date of issuance of the State Sheet in which it is placed and operates in relation to these articles, back to 1 August 1995.
2 The other articles of this Law shall enter into force from 1 January 1996.
This law is cited as: Privatization of ABP.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at Gravenhage, 21 December 1995
Beatrix
The Minister of the Interior,
H. F. Dijkstal
The Secretary of State for Defence,
J. C. Gmelich Meijling
The Minister of Finance,
G. Zalm
Published on the 27th of December 1995The Minister of Justice,
W. Sorgdrager
