Key Benefits:
Decision of 23 November 2000 laying down the rules on upper legal benefits in the case of unemployment of judicial officers (Decree of statutory benefits in the case of unemployment of judicial officers)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On a proposal by Our Minister of Justice of 18 August 2000, No 5045031/00/06, Directorate-General for Law, Justice and Legal Aid, Directorate-General for Legislation;
Having regard to Article 54, second paragraph, section b, of the Law on the legal position of judicial officers ;
The Council of State heard (opinion delivered on 21 September, no. W03.00 0384 /I);
Having regard to the further report by Our Minister of Justice of 14 November 2000, No 5061726/00/6, Directorate-General for Law, Justice and Legal Aid, Directorate-General for Legislation;
Have found good and understand:
1 In this Decision the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
b. Data subject:
1 °. the non-life-appointed judicial officer in permanent service and the judicial officer in a fixed-service training which, following a dismissal, is not a disciplinary officer or a resignation due to a flexible pension; and take out, become unemployed within the meaning of the Unemployment law ,
2. the non-life-appointed judicial officer and the judicial officer in permanent employment who, as a result of incapacity for work, has become unemployed in the sense of the disease; Unemployment law ;
3 °. the judicial officer appointed for life, who is responsible for dismissal on the grounds of dismissal, Article 46c, second and third paragraphs , Article 46l, first and second paragraphs , thank you Article 46m of the Law on the legal position of judicial officers , has become unemployed within the meaning of the Unemployment law ;
4. the judicial officer appointed for life, who, as a result of incapacity for work, has become unemployed in the sense of the disease; Unemployment law .
(c) additional benefit: the supplementary allowance referred to in the Chapter 2 ;
(d) final benefit: the subsequent benefit, in accordance with the provisions of the Chapter 3 ;
e. above statutory benefit: additional and subsequent benefit;
f. dagloon: the dagloon intended in the Articles 1b and 44 of the Unemployment Act , however, without application of the maximum wage limit, specified in: Article 17, first paragraph, of the Social Insurance Financing Act with regard to a wage period of one day, reduced by the contribution of the employer to payment of the contribution of private sickness insurance concluded by or to the person concerned;
g. Pension regulations: the Pension Regulations of the Pension Fund of the Pension Fund ABP;
h. minimum wage: the minimum wage, intended in the Law Minimum Wage and Minimum Holiday Report ;
(i) pension: the pension as defined in the pension regulation;
j. serving time to the extent specified before 1 January 1996: the time taken by the person concerned on 31 December 1995 for the calculation of the pensions referred to in the General Civil Pensions Act as set out at 31 December 1995; after 1 January 1996: the time during which the person concerned is a State worker within the meaning of the Privatization of ABP ; in both cases with the exception of time:
1. which was taken into account in the calculation of the duration of a cash held or of an unemployment benefit on the part of the public authorities;
2 °. which precedes an interruption in service time by dismissal of more than one year;
3 ° referred to in Article 5.4 of the Pension Regulation;
in determining the period of service, the period of service referred to in Article D1 (2) of the General Civil Pensions Act shall be taken into account as of 31 December 1995; the request referred to in Article D2 of The General Civil Pensions Act shall be deemed to have been incurred; if and to the extent that the period of service taken into account in the calculation of the above legal benefit, with a State pension, other than that of the Foundation, Pension fund ABP, being applied, are the duration and amount of the superstatutory benefit be recalculated from the date of commencement of this pension, leaving that period of service not being taken into account;
k. incapacity benefit: a due to the Incapacity for work insurance or the Law employment and income to work Allowance granted.
2 If on the day preceding the resignation, a discount is applied to the salary of the person concerned on the basis of Article 6 , 8d or 8th of the Decision legal position judicial officers , for the dagloon referred to in paragraph 1 (f), it shall be based on the dagloon, as it would have been fixed if there had been no such discount.
1 The benefit of the upper statutory benefit is three times the duration of the benefit determined on the basis of: Chapter 2, Section 4, of the Unemployment Act .
2 The duration of the benefit of the person who, at the time of the discharge, is 57 years of age or older and has completed a period of service, in so far as it is valid for a period of at least ten years, shall be awarded at the end of the period for which the benefit is given, on the basis of which he is the first paragraph has been granted, extended to the first day of the calendar month in which he reaches the age of 65.
1 The person concerned has, during the period of entitlement to benefits under the Unemployment law (b) entitlement to a supplementary benefit, except that the right to an additional benefit does not exceed that of the day on which the resignation comes into force.
2 To the supplementary allowance referred to in paragraph 1, Chapter II, (1) to (3) , as well as the Articles 75 , 76 , 76a , 77a and 78 of the Unemployment Act applicable mutatis mutandis.
3 By way of derogation from the second paragraph, Article 41 of the Unemployment Act not applicable mutatis mutandis to the additional benefit referred to in the first paragraph, and Article 47a of the Unemployment Act only, mutatis mutandis, to the supplementary benefit, in so far as the amount of the income to be deducted is the benefit of the benefit under the Unemployment law above.
1 The benefit under the Unemployment law shall be supplemented to 70% of the daily dagloon.
2 For the purposes of this Article, the benefit is payable under the Unemployment law always deemed to have been enjoyed by the person concerned.
1 If during the period he is entitled to a benefit under the Unemployment law In the event of a disease being prevented from being employed or receiving benefits under the conditions laid down in the Annex, Disease law the benefit is provided under the Health Act as long as a benefit is enjoyed under the Health Act, completed up to the rates of the dagloon intended in Article 4 , having regard to the preceding period for which the person concerned has been entitled to a supplementary benefit.
2 If the right to benefit under the Unemployment law after the end of the period during which the Disease law has been applicable to the person concerned, shall be able to count both the time limit for which the person concerned has been entitled to benefit under the Unemployment Act prior to that period and the period in which the Law of the Law applies to him. shall be in accordance with the requirements of Article 43, second and third paragraphs, of the Unemployment Act is determined, for the purposes of determining the amount of the additional benefit, for the purpose of Article 4 .
3 For the purposes of this Article, the benefit shall be paid under the Disease law always deemed to have been enjoyed by the person concerned.
1 If, during the period of entitlement to benefits under the Unemployment law In relation to pregnancy and childbirth, adoption is the inclusion of a foster child in the enjoyment of a benefit under the Law Labour and Care , the benefit is payable under the Work and Care Act during the period during which the person concerned is in receipt of this, up to 100% of the daily dagloon.
2 If the right to benefit under the Unemployment law after the expiry of the period in which the person concerned was in receipt of a benefit under the Law Labour and Care has been, re-lives, counting both the time limit for which the person concerned has been entitled to benefit under the Unemployment Act prior to that period and the period during which benefits are provided under the Work and Care Act for fixing the amount of the additional benefit, referred to in Article 4 .
3 For the purposes of this Article, the benefit shall be paid under the Law Labour and Care always deemed to have been enjoyed by the person concerned.
1 As soon as possible after the death of the person concerned the benefit is to be paid Article 35 or 36 of the Health Act up to 100% of the daily dagloon.
2 For the purposes of application of the first paragraph, the benefit shall be paid under the Disease law always deemed to have been enjoyed by the person concerned.
If, in respect of the benefit of the person concerned under the Unemployment law or under the Disease law A liability or sanction shall also be imposed or that penalty shall be applied mutatis mutandis to the additional benefit.
1 If at the time of dismissal, the duration of the benefit calculated on the basis of Article 2 , is longer than the duration of the benefit calculated on the basis of the Unemployment law , with effect from that moment, the person concerned, who has reached the end of the period of benefit under the Unemployment Act, is entitled to a final payment, on the understanding that the lost working hours for which he is not a person are not entitled to any such benefits. claim benefits under this Decision.
2 On the final payment are: Chapter II, (1) to (3) and the Articles 75 , 76 , 76a , 77a and 78 of the Unemployment Act applicable mutatis mutandis.
3 By way of derogation from the second paragraph, the right to a subsequent benefit shall not cease to the extent that the person concerned:
a. is entitled to a benefit as referred to in Article 19, first paragraph, points (b) and (c) of the Unemployment Act ; or
b. does not have a right to benefit as referred to in the Article 19, first paragraph, part a or b of the Unemployment Act because of the mere fact that his insurance has ended on the basis of the laws referred to in Article 19 of the Unemployment Act; or
c. is not available to accept labour in relation to a situation as referred to in subparagraph (a) or (b).
4 By way of derogation from the second paragraph, the Articles 19, 1st paragraph, part h , and 20, first paragraph, part b, of the Unemployment Act not applicable mutatis mutandis to the final payment referred to in paragraph 1.
5 The right to a subsequent payment shall end after the expiry of the period of the final payment, but at the latest on the first day of the calendar month in which the person concerned reaches the age of 65.
The duration of the enclosing benefit is the benefit calculated at the time of dismissal on the basis of Article 2 , minus the amount of benefit calculated in respect of that dismissal under the Unemployment law .
1 The final benefit is 70% of the daily allowance for the person concerned.
2 With regard to the amount of the final benefit Article 1b, of the Unemployment Act applicable.
1 As soon as possible after the death of the person is subject to corresponding application of Article 35 or Article 36 of the Health Act receive an amount of death allowance, provided that the benefit is 100% of the daily wage.
2 The amount of the benefit to be deducted from the amount to be paid out in paragraph 1 shall be deducted from the amount of the benefit to which the survivors of one or more of the persons who died in the matter of his death are entitled to his/her death. unemployment benefits, incapacity benefits, benefits under the Disease law or benefits corresponding to their nature and scope of benefit to the latter, to which the person concerned was entitled.
1 The person concerned, who is entitled to a benefit under the Incapacity for work insurance Calculated according to an incapacity for work of 80% or more under the Incapacity Insurance Act, calculated according to a degree of incapacity for work of 80% or more, or Chapter 6 or 7 of the Law on Work and Income on Employment , is entitled to an above-statutory benefit under this Decision at the time when the rate of incapacity for work is set at a lower rate than 80%, resulting in a right to benefit under the Unemployment law If the incapacity allowance provided for in the first sentence arose from two or more service relationships, the right to an upper legal benefit under this Decision shall be allocated to the employment of the person concerned. is subject to this Decision, in proportion to the revenue actually enjoyed by virtue of the relevant service.
2 For the purpose of determining the duration of the upper legal benefit under Article 2 shall be based on the date of the resignation referred to in the first paragraph.
3 The amount of the statutory benefit shall be determined from the date of the resignation referred to in the first paragraph.
1 If the right to an above-statutory benefit has been completed in whole or in part and is subject to employment as an employee, after having started employment, has become unemployed again within the meaning of the Unemployment law , on his application, relives the right to an upper legal benefit to the extent that there is a new right to benefit under the Unemployment law arose whether the old right was reenlivable. The duration and the amount of the benefit payable shall be equal to the duration and the amount of the benefit to which the person concerned would have been entitled under this Decision if he had been unemployed in a non-member state.
2 The person concerned who has been given a dismissal and who immediately starts to work as an employed person and who becomes unemployed in the sense of the person who is not in the process of being unemployed Unemployment law , upon application, has the right to an upper legal benefit under this Decision to the extent that there is a right to benefit under the Unemployment law exists at the time of becoming unemployed, with effect from the first day on which the right to benefit is payable under the Unemployment law was created. The duration and amount of the benefit is equal to the duration and amount of the benefit, which would have been entitled at the time of dismissal, except that the right to benefit from the statutory benefit has been granted. from the day on which the dismissal was granted.
3 A right to an upper legal benefit referred to in paragraphs 1 and 2 may arise only during the period in which the person concerned has been entitled, in the event that he has been unemployed, an upper legal benefit in respect of that person It would have been dismissed.
1 The person concerned, whose right to benefit has been terminated in whole or in part for the purpose of employment as an employed person, shall, on the basis of his application, receive, during the period of benefit laid down for him at the date of dismissal, to the extent that the person concerned is still has not passed, a wage supplement, if the dagloon in the new relationship is less than the dagloon out of the relationship from which he became unemployed.
2 The salary supplement shall expire from the day of entry, on which the person concerned is again completely unemployed or no longer fulfils the condition referred to in the first paragraph, or the duration of the benefit has expired.
3 The amount of the supplement is equal to the difference between the dagloon in his new relationship and the daily wage of the relationship from which the person concerned has become unemployed.
4 The pay supplement shall be granted proportionally, if the amount of the new relationship is less than the one from which the person concerned has been discharged. If the size of the new relationship is greater than the size of the job from which the person concerned has been discharged, the amount of the pay supplement shall be the actual difference in dagloon between the old and the new relationship.
5 The application for a wage supplement shall be submitted within three months of the acceptance of the new one. The supplement shall be applied for by means of a form made available. If this time limit is exceeded, the pay supplement shall be granted from the time the application was submitted.
The person concerned, who shall be employed outside the employment service, shall be entitled to a one-off concession on his application for costs, which are connected to a move necessary for that purpose, from € 1 361 under the heading ' settlement of a concession in removal costs from others.
At the request of the person concerned, the right to the benefit of 30% of the nominal value may be bought off from that person if the allocation of the amount of the buyout offers an opportunity for the permanent removal of the existing unemployment.
By way of derogation from the Articles 4 and 10 the percentage is 67% instead of 70% of the dagloon, as long as the Act of 20 December 1984 adjusting the rates of benefit of redundancy and incapacity for work for civil servants, education staff and staff equivalent thereto (Stb. 657) applies to the person concerned.
1 If the level of benefit under the Unemployment law undergo a general downward change, subject to such downward change, subject to, after consultation with the Sectorcommission, judicial power in Article 50, second paragraph, of the Law on the legal position of judicial officers otherwise be agreed within six months of the date of issuance of the Official Gazette in which the measure was placed, in a similar manner to the total legal and superlegal claims of the person concerned, from the date of entry into force of the said measure, but not earlier than six months from the date of issue of the Official Gazette in which the measure was issued.
2 Where a dispute arises in the course of consultations referred to in paragraph 1, the passage of the downward change, by way of derogation from paragraph 1, shall be suspended from the day on which the dispute is delivered for an opinion or an arbitral award. submitted to the Commission, referred to in Article 51, third paragraph, of the Law on the legal position of judicial officers .
3 If the opinion of the committee referred to in paragraph 2 of this Article has no doubts as to the implementation of the downward change, the measure shall be applied mutatis mutandis in respect of the total amount of the aid granted. legal and superlegal claims made by the person concerned as from the date of its entry into force, but not earlier than six months after the date of issue of the Official Gazette in which the measure was placed. If the date of entry into force of the said measure is situated at a time before the opinion is issued or before the arbitration award, the implementation shall take place from the first day following the month in which the opinion is delivered. or the arbitration award has been made, but not earlier than six months after the date of issue of the Official Gazette in which the measure was placed.
The daily wage is always adjusted according to a general change in salary, the holiday allowance and the end-of-year allowance paid by judicial officers, as from the day on which the change in salary, the holiday allowance the end-of-year allowance is respectively in force.
1 Severance grants awarded to the person concerned by virtue of Article 39, second paragraph, of the Decision of the Court of Justice as that ushered in before the start of stage 2, as referred to in paragraph 2. Article 53 of the Public Service Act under the Employees ' Insurance , continue to be maintained for the duration of benefit.
2 The judicial officer who was employed on a temporary service before or on 31 December 1999 and who, until the date of dismissal, which is on or after 1 January 2001, has been on temporary employment, is entitled to a supplementary benefit in accordance with the provisions of Chapter 2 .
This Decision shall enter into force on 1 January 2001.
This decision is cited as: Decision of the statutory benefits in the case of unemployment of judicial officers.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 23 November 2000
Beatrix
The Minister of Justice,
A. H. Korthals
Published the seventh December 2000The Minister of Justice,
A. H. Korthals
