Key Benefits:
Law of 15 December 1993, privatization of the Rail Pension Fund
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All those who will see or hear these, saluut! do know: Alzo We have considered that it is desirable to put the responsibility for the pensions of the railway staff to the hands of the social partners concerned, and end the involvement of the State Government with, and the financial responsibility of, the financial responsibility for those pensions;
Thus, we, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as saying:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Transport and Water State;
(b) Railway Pension Act: Railway Pensions Act as it was the date of the day preceding the entry into force of this Act;
c. Railway pension fund: the Railway Pension Fund, referred to in Article L 1 of the Railway Pensions Act;
d. management: management, as referred to in Article L 1 of the Railway Pensions Act;
e. Supervisory Board: Supervisory Board provided for in Article L 2 of the Railway Pensions Act;
f. part-mate: part-mate, referred to in Article B 1 and Article B 2 of the Railway Pensions Act;
g. former part-member: former part of the party referred to in Article A 1, part G , from the Railway Pensions Act;
h. N. N. S.: N. V. Nederlandse Spoorwegen;
i. Stichting Railway Pension Fund: the institution set up by the N.S., referred to in Article 1, first paragraph, part B , from the Pension and Savings Funds Act .
1 At the time of entry into force of this Act, all assets of the Railway Pension Fund shall, under a general title, proceed to the Stichting Rail Pension Fund.
2 To the public registries operators in which the transfer of rights or changes of tenamation may be entered in respect of the institutions of the Member States of the European Union. Article 3, first paragraph the assets referred to above shall be given the necessary tasks by the management of the railway pension fund.
1 The management of the Foundation Pension Fund Foundation does all assets allocated to that fund on the day prior to the entry into force of this Act, make a statement by the auditor referred to in Article L 6. of the Railway Pensions Act and the Mathematical Adviser referred to in Article L 12 of the Railway Pensions Act, in consultation with an auditor appointed by Our Minister as intended Article 393, 1st paragraph, of Book 2 of the Civil Code as well as an actuary appointed by Our Minister.
2 The statement referred to in paragraph 1 shall be deposited by the Board of the Foundation of the Railways Pension Fund 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 laid down by the Executive Board of the Railway Pension Fund, which require the approval of Our Minister.
The State of the Netherlands Railways Pension Fund is payable to the State of the Netherlands in respect of the amount of the capital earmarked for claims arising from invalidity pensions which have already been paid out on the basis of the Railway pension law on the day prior to the entry into force of this Act, to the extent that such claims are the level of corresponding claims based on the Incapacity for work insurance Don't go upstairs.
2 The assets referred to in paragraph 1 shall be determined on the basis of the acquired rights, the amount of which shall be determined by an auditor appointed by Our Minister as referred to in Article 2 (1). Article 393, 1st paragraph, of Book 2 of the Civil Code as well as an actuary appointed by Our Minister.
1 The person concerned shall, at the time of entry into force of this Law, obtain claims to the Foundation, which are equivalent to the view or right to a pension which he derives from the Foundation, at the time of entry into force of this Law. Railway pension law, as far as possible Article 8 is not determined otherwise.
2 The person concerned shall obtain the claims referred to in paragraph 1 with respect to the Stichting Rail Pension Fund.
3 The management of the Foundation Pension Fund Foundation shall provide the person who, on the day preceding the date of entry into force of this Law, is a written indication of the amount of its service. Prospects for retirement under the Railway Pensions Act. This task shall include the service period applicable to the pension as well as the last two calculation bases that would have been used if he had been granted a pension at the time of entry into force of this Act.
4 The person concerned may, within two months of the date on which the information referred to in paragraph 3 is received by him, object to the management of the Stichting Rail Pension Fund. If he does not respond within the prescribed period, he shall be regarded as an interested party who has given his consent to the task.
1 The person concerned who, on the day prior to the withdrawal of the Railway Pensions Act, pursuant to Article D 1, second paragraph, or Article T 4 of that Act, the time taken in accordance with the General Civil Pensions Act for the person concerned as a service time is eligible (external service time) to be eligible for service within the meaning of the Railway Pensions Act, shall have a corresponding right to the Stichting Rail Pension Fund.
2 With respect to the period of service referred to in paragraph 1, the following shall remain applicable:
(a) Articles D 1 to D 6 and T 4 of the General Civil Pensions Act;
(b) Article D 2 of the Railway Pensions Act;
c. Article V of the Law of 28 April 1976 ( Stb. 323);
d. Article IX, Parts C, K and X, of the Law of 7 May 1986 ( Stb. 303);
(e) Article III (B) of the Law of 3 July 1986 ( Stb. 393); like those articles, on the day prior to the entry into force of this Act, it being understood that the Board of the Foundation for the Pension Fund of the Foundation replaces the Executive Board referred to in Article D 2 of the Treaty. Railway pension bill.
3 As soon as the interested party so wishes, he may request the acquisition of external service time as referred to in the first paragraph.
4 By way of derogation from the second and third paragraphs, the interested party who, on the day prior to the entry into force of this Law, is part of that law may submit the request referred to in paragraph 3 only to two years after the date of application of that paragraph. Date of entry into force.
5 If the right referred to in paragraph 1 is used, the Management of the Foundation Pension Fund shall communicate that right to:
a. Executive Board of the General Civil Pension Fund, in the case of service as referred to in Article D 1, first paragraph and second paragraph, part of the C , of the General Civil Pensions Act;
b. to our Minister of Defence, if serving time as referred to in Article D 1, second paragraph, part A , from the General Civil Pensions Act, not being time as referred to in Article D 2, third paragraph, of that Act.
6 insofar as the communication referred to in paragraph 5 concerns the period of service referred to in the fifth paragraph A , the Board of the General Civil Pension Fund shall transfer to the Foundation the mathematical reserve of the view of pension which is or is deemed to be accrued to that fund for the person on whom that communication relates. Railway pension fund.
7 insofar as the communication referred to in paragraph 5 concerns the period of service referred to in the fifth paragraph, part of the communication B , is the actuarial countervalue of the view of retirement that, under the General Military Pensions Act and the earlier military pension laws as defined in that Act, is built up by the person on whom that communication is based. relating, transferred to the Railway Pension Fund Foundation.
8 The transfer referred to in paragraph 6 and seventh paragraph shall be carried out within three months of receipt of the communication referred to in the fifth paragraph.
9 Due to the acquisition of external service time by the Foundation Pension Fund Foundation, the view or right of the person concerned will be retired over that time due to the General Civil Pension Act or the General Military Pensions Act.
1 As an employed person within the meaning of the Incapacity for work insurance and the Unemployment law the person, who shall, on the day prior to the date of entry into force of this Act, be identified as follows:
a. Payable to N. S. a benefit for incapacity for work;
b. enjoy a disability pension, a relocation allowance or a resettlement allowance under the Railway Pensions Act; or
(c) Unemployment benefit is paid by N.S. and is liable for unemployment due to unemployment.
2 For the purpose of determining entitlement to benefit on the basis of the Incapacity for work insurance persons who, on the day prior to the date of entry into force of this Law, are in an employment relationship to N. S., as well as the persons referred to in paragraph 1, shall, from the date of entry into service of the N.S. up to the date of entry into service of this Law, be of the entry into force of this Act, to be regarded as being insured under that law. No right shall be derived from the first sentence from periods of time for the time referred to in that sentence.
3 For the determination of entitlement to benefit under the Unemployment Act, the employment relationship to N.S. of:
(a) the persons referred to in paragraph 1 (c);
b. Those who benefit from a resettlement watch under the Railway Pensions Act on the day prior to the time of entry into force of this Act;
c. persons referred to in circumstances as referred to in the Articles 8 , 19 and 19a of the Unemployment Act receive no payment as referred to in subparagraph (c), receive or receive resettlement allowance under the Railway Pensions Act on that day; and
d. the persons who are in an employment relationship until N.S. on that day, but not at the time of entry into force of this Act, as a service as intended in Article 3 of the Unemployment Act qualified. No right shall be derived from the first sentence on the basis of periods prior to the date of entry into force of this Act.
The person concerned, which shall be entitled to the entry into force of this Law on the day preceding the entry into force of this Act, shall
a. Incapacity for incapacity for work by N.S.;
b. A disability pension under the Railway Pensions Act;
c. a reentry allowance under the Railway Pensions Act; or
d. A resettlement allowance under the Railway Pensions Act, has the right to receive a benefit under the Incapacity for work insurance If he has been incapacitated for 52 weeks and the degree of invalidity, determined in accordance with the provisions of the Railway Pensions Act, is at least 15%. For the purpose of determining the 52-week period, periods of incapacity for work shall be established if they follow each other with an interruption of less than one month.
The degree of general disability laid down by the Executive Board of the Railway Pension Fund referred to in Article F 7 of the Railway Pensions Act or the degree of incapacity for work under the Ministerial Scheme under Article 8 (3), Member, of the General Incapacity Act, as this law stated on the day prior to the entry into force of this Act, is determining the right to incapacity benefit under the Law of the European Union. Incapacity for work insurance .
1 For the determination of the amount of benefit under the Incapacity for work insurance for dagloon for:
a. the Article 8 (a) , as provided for in the Rules of Procedure, referred to in the Rules of Procedure, as stated on the day preceding the entry into force of this Act, to which the benefit of incapacity for work is by illness. calculated on the day prior to the entry into force of this Act, divided by 261;
b. the in Article 8 (b) , means the interested party referred to in Article F 5 and adjusted in accordance with Article A 8 of the Railway Pensions Act, which shall be multiplied by:
1 °. a factor whose counter is equal to 1 and the denominator of 261 for the person concerned where Article F 7 A , third paragraph, of that Act has been applied, or
2 °. a factor whose numerator is equal to 1 increased by 10%, or by a percentage corresponding to the maximum referred to in Article F 5, fourth paragraph, of that Act, divided by the adjusted averaging, and the denominator of 261 for the Interested party where Article F 7 A , third paragraph, part B Well, that law was applied.
c. the Article 8 (c) , the applicant, the calculation basis of N.S. to which the wage as calculated for the original function was calculated, adjusted in accordance with the gross wage developments at the N.S. up to the date of the entry into force of the this law, divided by 261;
d. the Article 8, part d , as the calculation basis of N.S. as applicable at the time of the entry into force of this Act, by 261, as referred to in paragraph 2.
2 The daily dagloon is at most the Article 17, first paragraph, of the Social Insurance Financing Act of the amount referred to, relating to a pay period of one day.
1 The person concerned, which shall be entitled to benefits as referred to in paragraph 1 on the day preceding the date of entry into force of this Law, shall be Article 7, first paragraph, part C , or a relocation allowance under the Railway Pensions Act, from the entry into force of this Act, has a right to benefit under the Unemployment law If he would have had the right to benefit under the law of the termination of his employment relationship to N. S. if that employment relationship were to be regarded as a service relationship within the meaning of that law, and that law would still be continue at the specified time.
2 The person concerned, who shall be in an employment relationship until the date of entry into force of this Act, but no longer at the time of entry into force of this Law, shall be entitled to a benefit on the basis of the Unemployment law , as of the day on which this right would have occurred if the employment relationship to N.S. was to be regarded as a service within the meaning of that law.
3 The person concerned who, by reason of the same conditions as in the Articles 8 , 19 and 19 A of the Unemployment Act On the day preceding the date of entry into force of this Law no entitlement to the non-unemployment benefit referred to in paragraph 1 or to a resettlement allowance under the provisions of the Railway Pensions Act has the right to a benefit on the basis of from the Unemployment law from the first day after the date of entry into force of this Act, on which this right would have arisen or revived if the employment relationship to N.S. as a service in the sense of the Unemployment law would have been designated.
1 For the determination of the benefit period on the basis of the Unemployment law , referred to in Article 19, first paragraph The right to benefit under that law is to be regarded as having been created at the time when the right to benefit is Article 7, first paragraph, parts b or c , the payment or resettlement allowance referred to has been caught.
2 The remaining duration of benefit at the time of the entry into force of this Act is determined by the period of benefit to be fixed under the first paragraph, the period of the period of benefit to be fixed by the Article 7, first paragraph, parts b or c , benefit or resettlement allowance has been received, to be deducted.
3 By way of derogation from the second paragraph, the duration of the benefit, as set out in Article 42 of the Unemployment Act , of the person, whose benefit as referred to in Article 7, first paragraph, part C or whose resettlement allowance is pending under the Railway Pensions Act before 1 January 1987 and which at the date of payment was 57,5 years of age or older, on the date on which he is the pensionable age, as referred to in Article 4 (1). Article 7a, first paragraph, of the General old-age law -It's reached.
1 For the calculation of the benefit on the basis of the Unemployment law as intended in Article 19, first paragraph , if dagloon is the benefit base to which the allowance of N.S. is calculated on the day prior to the entry into force of this Act, divided by 261.
2 The daily wage of the worker, who is a benefit under the Incapacity for work insurance to receive an incapacity for work of less than 80% or-if the incapacity for work is less than 80 Article 25 , 28 , 30 or 33 of that Act It was not applicable to them, would be received, is reduced proportionally by multiplying it by a rupture, the numerator of which is formed by the difference between 100 and the centre of the incapacity class, in which the Employee is classified and the denominator is by the number 100.
For the purposes of the application of the Law reducing the occupational incapacity scheme (Chamber pieces II, 1992/93, 22 284 nr. 2), the date of commencement of the disability pension under Article E 1 of the Railway Pensions Act and of the relocation allowance or resettlement allowance under the Railway Pensions Act shall be deemed to be the commencement of the payment. on the basis of the Incapacity for work insurance and is also Chapter III of the said Act mutatis mutandis to the person concerned who, under this Law, are entitled to benefits under the law Incapacity for work insurance is granted.
For the purpose of fixing the daily wages, Articles 10 , 13 and 14 shall be taken into account by the Secretary of State in consultation with our Minister of Social Affairs and Employment, taking into account the adjustment of the gross wages of workers in employment to N. S., which is taking place on account of the be payable on the basis of the premiums Incapacity for work insurance and the Unemployment law , and no longer apply to the Inrata State Personnel Staff 1982.
1 The person concerned, referred to in the Articles 8 and 12 ' [ Text correction: "12" "must be" 12, "] is insured at the Employee Insurance Implementation Institute.
2 N.S. and the board of the Stichting Rail Pension Fund report the persons referred to in Article 7 to the Employee Insurance Implementation Institute.
3 The implementing institute referred to in paragraph 1 shall, of its own motion, of any person concerned or insured person referred to in that paragraph the right to benefit, as referred to in that paragraph. Articles 8 and 12 Solid.
1 The Implementing Institute workers ' insurance shall without delay inform the interested party in writing of the right to benefit, the duration and the amount of the benefit, and the eligibility of benefits, as referred to in the The Articles 8 , 11 and 12 .
2 A decision pursuant to this Chapter shall be issued in the case of a form of susceptible form if requested by the person concerned.
3 Action against decisions under this law shall be permitted only in so far as matters of which they are not already fixed irrevocably.
1 Without prejudice to this Act, the Incapacity for work insurance and the Unemployment law and the provisions based on those laws, mutatis mutandis, with regard to the right to benefit under those laws as referred to in this Chapter.
2 Decisions and benefits on the basis of the following Articles 8 and 12 of this law are considered to be decisions and benefits under the Incapacity for work insurance and the Unemployment law .
The provisions of the Article 18, second paragraph , and 30, first paragraph, part A , of the Disability Insurance Act (Wet op de Disability Insurance) shall not apply in respect of the person concerned, Article 8 .
The party concerned, which gave the end of the period of benefit to him on the basis of the Unemployment law is achieved, is used for the application of the Income Provision of the elderly and partially unemployed unemployed workers be deemed to have complied with the provisions of the Article 2 (a) (3) of that Act .
Our Minister and our Minister of Social Affairs and Employment may lay down detailed rules for certain categories of stakeholders in order to implement the provisions of this Chapter by a general measure of governance.
From the date of entry into force of this Act, actions relating to invalidity pensions shall be carried out by the Railway Pension Fund Foundation under the Railway Pensions Act in accordance with the provisions of the Railway Pensions Act.
1 By way of derogation from Article 38 of this Act, Articles S 1 and S 2 of the Railway Pensions Act shall continue to apply in respect of the decisions referred to in those Articles which are taken before the entry into force of this Act.
2 For the application of paragraph 1, the Management of the Railway Pension Fund Foundation shall replace the Supervisory Board with effect from the date of entry into force of this Act.
3 By way of derogation from Article 38 of this Act is Article S 2 of the Railway Pensions Act applicable to decisions of the Board of the Foundation of the Railway Pension Fund which were taken under the first and second members.
4 By way of derogation from Article 38 of this Act are Articles S 1, S 2 and S 3 of the Railway Pensions Act mutatis mutandis in respect of decisions of the Board of the Foundation of the Railway Pension Fund taken as a result of requests or applications submitted for the date of entry into force of this Act on the basis of the Railway Pensions Act.
5 Professions referred to in Article S 2 of the Railway Pensions Act shall be handled by the Central Board of Appeal in accordance with the provisions of the Railway Pensions Act.
1 Articles D 1, second paragraph and T 4 of the General Civil Pensions Act, such as those released on the day prior to the date of entry into force of this Act, shall continue to apply in respect of the person concerned who time, time spent by the person concerned as part of the State Pension Act or as a railway official in the sense of the Pensions Act 1925 (External Service Time), also as a service time in the sense of the General civil pension law or as a service time in the sense of the General Military pension law could be taken into account.
2 As soon as the party concerned wishes to do so, it may apply for an external service period as referred to in the first paragraph.
3 In the case of application by the person concerned to the first paragraph, it shall be communicated to the Steering Board of the Foundation for the Pension Fund of the Railways by:
a. Executive Board of the General Civil Pension Fund, if it is a request as referred to in Article D 2 of the General Civil Pensions Act,
b. the Minister of Defence, if it is a request as referred to in Article D 2 of the General Military Pensions Act.
4 The Board of the Foundation of the Railways Pension Fund shall bear the mathematical reserve of the pension plan accumulated by that fund by the person concerned in respect of the general civil pension fund or the Minister of Defence.
5 The transfer referred to in paragraph 4 shall be carried out within three months of receipt of the communication referred to in the third paragraph.
6 Due to the acquisition of external service time by the General Civil Pension Fund or the Minister of Defence, the view or right of the person concerned will retire from that time to the Stichting Rail Pension Fund.
Pensions applicable on the day prior to the entry into force of this Act to Article J 1 A or J 14 of the General Civil Pensions Act, Article 93 , 101 , 154 of the General Pensions Act political office holders Article J 1a, J 2a or M 5 of the General Military Pensions Act shall be reviewed at the request of the person concerned, taking into account the provisions applicable after the date of entry into force of this Law pensions.
The levy of transfer tax shall not be required in respect of the transfer of assets of the capital of the Member States. Article 2, first paragraph .
The Railway Pensions Act is repealed.
1 This Law shall enter into force on a date to be determined by Royal Decree.
2 If the proposal of the Act of 11 October 1993 on a sound financial basis for the privatization of the General Civil Pension Fund and the repair of invalidity pensions was submitted by the Royal Message of 11 October 1993 ( Privatization of financial services ABP ; Chamber documents II 1993/94, 23 442, No. 1-3), the law shall be deemed to have entered into force prior to the former Act.
This law is cited as: Act of privatisation of the Railways Pension Fund.
Burdens and orders, which 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 The Hague, 15 December 1993
Beatrix
The Minister of Transport and Water,
J. R. H. Maij-Weggen
The Minister of Finance,
W. Kok
The Minister of the Interior,
C. I. Dales
The Secretary of State for Social Affairs and Employment,
J. Wallage
Published on the 28th of December 1993The Minister of Justice,
E. M. H. Hirsch Ballin
