Key Benefits:
Decision of 5 September 1978 adopting a general measure of administrative action referred to in Article 8 (4) of the Special Pension Act 1940-1945
We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
On the nomination of the Secretary of State for Culture, Recreation and Social Work of 16 May 1978, Department of Resistance and Followed Up, No. 58001 I;
Having regard to Article 8, fourth paragraph, of the Law of Extraordinary Pension 1940-1945 ( Stb. 1977, 493);
Having regard to the opinions of the Extraordinary Pensions Board and the Foundation 1940-1945;
The Council of State heard (opinion of 12 July 1978, No 17);
Having regard to the further report by the Secretary of State, cited above, of 29 August 1978, No 64542;
Have found good and understand:
For the purpose of this Decision:
a. "the Law": the Law Extraordinary Pension 1940-1945 ( Stb. 1986, 575);
(b) "the person concerned" means the person who, within the meaning of Article 1 (1) of the Law, and the person belonging to one of the categories of persons referred to in Article 1, second paragraph, of the Law, to whom Article 8 (4) of the Law of the application;
(c) "pension base" means the pension base referred to in Article 8 (4) of the Act.
The pension base of the person concerned, whose education has been restricted to basic education, is set at € 1225,21, unless the age of the person concerned, his acquired competence and personal institution at the time of the application, is established. Clear reasons for departing from that amount.
When establishing the pension base, if there is either primary or secondary vocational education, or general secondary or preliminary scientific education, the income shall be based on the income, that the person concerned shall, on completion of the provided that in the year of the submission of the application referred to in Article 24 (1) of the Law, the education system would have earned in an occupation and/or function corresponding to the course of the training.
1 If the person concerned has completed higher vocational education or training, then the pension base shall be established on the basis of the income which, in view of the nature of the education and the chosen subject of study, is taken into account. the year of submission of the application for employment and/or function referred to in Article 24, first paragraph, of the Act would have earned the right to appeal.
2 If the person concerned has not been able to complete the education provided for in paragraph 1, given the nature and duration of the education and the choice of study, the pension base may be acquired, and in view of his or her age, personal institution at the time of the application, shall be determined as if this education were completed.
If the person concerned has accepted, after the completion of education or not completed, work which is not in accordance with the level of education pursued and that the person concerned is or has received an income from that labour, that in the year of filing of the application referred to in Article 24, first paragraph, of the Act, or would have been less than the income he could reasonably earn on the basis of that education in the year, the the pension base is established, in accordance with the provisions of the Articles 2 , 3 and 4 .
The pension base, as referred to in the Articles 2 to: 5 , as provided for in Article 8 (7) of the Act, shall be derived from the annual amount obtained by the income received by the person concerned during the year of application of the application provided for in Article 24 (1) of the Law. would not have been enjoyed by work or company, child benefit or childcare supplement in it, to be recharged to an income at the time of entry into force of the law, applying the rate, which is the level of the exceptional pensions have been adjusted as a calculation factor.
This Decision shall enter into force from the day following the date of issue of the State Sheet in which it is placed and works back to 1 January 1978.
Charges and orders, that this decision and the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State and the General Court of Auditors.
Soestdijk, 5 September 1978
Juliana
The Secretary of State for Culture, Recreation and Social Work,
J. G. Kraaijeveld-Wouters
The Minister of Finance,
F. H. J. J. Andriessen
The Secretary of State for Social Affairs,
L. de Graaf
Published the ninth of November 1978The Minister of Justice,
J. de Ruiter
