Key Benefits:
Decision of 23 November 1972 laying down a general measure of administration as referred to in Article 23 of the Law of 15 June 1972, Stb. 449, to the municipal re-classification of the North West Overijssel
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
On the nomination of Our Minister of Home Affairs, of 24 July 1972, No AW71/2694, Directorate-General for Public Affairs, Public Affairs, Public Affairs, Department of Pensions and Wachtmonies;
Having regard to Article 23 of the Law of 15 June 1972, Stb 449, to municipal re-classification of North Rhine-Overijssel;
The Council of State heard (opinion delivered on 30 August 1972, No 10);
Having regard to the further report by our Minister of Home Affairs of 13 November 1972, No AW72/2424, DirectorateGeneral Government Management Policy, Directorate for Public Affairs, Department of Pensions and Wachtmonies Chief;
Have found good and understand:
This Decision shall be governed by the following:
a. Our Minister: Our Minister of Internal Affairs;
b. Data subject:
(1). the official in fixed service;
(2). the official in temporary employment;
provided that this employment has lasted for at least 5 years and the appointment has not been made in a matter of a manifestable temporary nature which is dismissed or is deemed to be dismissed as a result of a law reclassification law;
c. Pension Act: the General Civil Pensions Act ( Stb. 1986, 540);
d. Pension: a pension within the meaning of the General Civil Pensions Act;
Bodies: legal persons, firms and partnerships, non-legal forms of cooperation which may be the same as associations of associations, undertakings of legal persons and target assets.
1 This Decision is subject to service time : the time of service that precedes the dismissal and which includes for the pension calculation under the Pensions Act or as a co-counting would be valid when that time was declared valid for pension purposes, except for the time:
a. Which precedes a dismissal from a functional age-dismissal relationship, provided that a benefit has been granted under that dismissal;
(b) which has been taken into account in calculating the duration of a cash held or of an unemployment benefit on the part of the public authorities, except where Article 5 (2) and Article 6 (6) applies;
(c) prior to any interruption in the period of service by dismissal of more than one year, except for the purposes of applying Article 5, second paragraph and of Article 6, second paragraph;
d. referred to in Article D4 of the Pensions Act;
e. in a held area.
2 For the purpose of applying paragraph 1 of Article 5 A Third paragraph and Article 6, second paragraph, shall apply in respect of the period of service referred to in Article D1, second paragraph, of the Pensions Act, which shall be deemed to have made the application to the Steering Board referred to in Article D2 of that Law.
(3) This decision shall include, inter alia, the time of service preceding the dismissal in a matter in which the person concerned is concerned pursuant to Article B7. A , of the Pensions Act is not an official within the meaning of that Act, provided that the dismissal is granted from that cover.
4 If, and in so far as, the amount of service taken into account when calculating the amount of the cash allowance, a State pension, other than that of the General Civil Pension Fund, is applicable, the period and the amount of the waiting money shall be paid, shall be recalculated from the date of commencement of this pension, leaving that period of service.
1 This decision shall mean any employment relationship governed by public or private law, whether the employment of a natural person or a body is carried out at the service of a person or a person at the salary or salary.
2 The provisions of or under the Articles 4, 5 and 6 of the Unemployment Act ( Stb . 1987, 93) shall apply mutatis mutandis.
1 This Decision is subject to Remuneration (b) remuneration, as last linked to the dismissal before the dismissal, plus the holiday allowance.
2 Where remuneration is to be included in remuneration for irregular service, this amount shall be calculated on the basis of the average of the preceding 12 calendar months preceding the date of the dismissal.
3 The salary, as defined in paragraphs 1 and 2, shall be adjusted in accordance with a general change in the salary and the holiday allowance of the civil servant's staff, starting from the day on which the salary change, The change in the holiday benefit is in effect, respectively.
4 If, as a result of reduced work prior to the abolition of the municipality, the salary would have been less than it would have been without reduced work, the salary may be revised in favour of the waiting staff.
5 In special cases, our Minister may derogate from the person concerned for the benefit of the person concerned.
1 As long as the person has not reached the age of 55, he is obliged to join the Labour Supply Organisation as referred to in the Labour Supply Act ( Stb . 1990, 402) of his place of residence as a jobseeker to tender no later than the first working day following that on which the resignation starts, or the right to waiting.
2 The person concerned, who, on the day of his/her residence, is resident abroad or subsequently residing abroad and who has not reached the age of 55 years, is obliged to sign up as seeking employment in a place of employment established there, with the opportunity to do so, and which, in the opinion of our Minister, is comparable to the Labour Supply Organisation.
3 Our Minister may provide that the obligation laid down in paragraphs 1 and 2 shall not apply to certain interested parties or groups of interested parties which have not reached the age of 55 years.
1 The person concerned shall be entitled to a cash-in charge of Chapter VII of the State budget as from the day on which the resignation starts, unless the person concerned:
(a) in respect of that dismissal, is entitled to a pension for the purpose of reaching pensionable age;
b. In respect of that dismissal, entitlement to a pension calculated according to a general invalidity of 80% or more;
(c) in the event of the incapacity declaration on the basis of which the dismissal was made, was declared reusable under the provisions of Article K 2 of the Pensions Act.
2 The person concerned, referred to in the first paragraph B , shall be entitled to waiting money from the day on which the rate of general invalidity is set at a lower rate than 80%. The amount of the waiting money shall be determined from the date of dismissal on the basis of which entitlement to pension has been established. In order to determine the duration of the waiting money:
a. for the application of Article 5 as an effective date on the basis of the date from which the rate of general invalidity is fixed at a lower rate, including, for the purposes of the fourth paragraph, a pension to a degree of general invalidity 80% or more shall be taken into account;
b. for the application of Article 5a as an effective date on the basis of the date on which the right to a pension was created.
3 The person concerned, referred to in the first paragraph C , after the end of the period of the waiting period, granted under Article K 4 (2) of the Pensions Act, he shall be entitled to waiting money if he or she is part of the non-application of the first paragraph. C The dismissal of the contract for which he was permanently unfit would be entitled to waiting money where the duration would be fixed as a result of the dismissal of the Article 5a of this Decision. The waiting money goes on the first day following that on which the waiting money was granted under Article K 4, second paragraph, of the Pensions Act, has ended. It ends at the time when the waiting money that, counting from the day the resignation was granted, would have been awarded under Article 5a , if the first paragraph, component C , being left out of control, would have ended. At the height of this waiting money is Article 6 applicable in the sense of being counted from the time when the discharge was entered into.
4 No right to waiting has the person concerned referred to in the first paragraph to whom has been informed in writing that the honorable resignation will be granted and which, after that communication, has been offered to him, which shall be partly due to his personality and circumstances before him may be deemed appropriate, has refused to accept.
5 The fourth paragraph shall not apply where the person concerned has reached the age of 55 on the day from which he was born.
6 Our Minister decides on the granting of waiting money on written application by the person concerned. The documents which our Minister considers necessary for the examination of the application must be submitted by or on account of the person concerned.
1 The length of the waiting period is 6 months, starting from the day on which the resignation starts.
2 If the person concerned:
a. during the period of 5 years immediately preceding the dismissal at least for 3 years as an employee of the same type Article 3 of the Unemployment Act and has been employed for 8 hours or more hours per week;
b. immediately prior to the dismissal is entitled to a benefit under the General Incapacity Act ( Stb . 1980, 28);
the duration of the waiting period shall be extended by:
3 months in the case of an employment record of at least 5 years;
0,5 years in the case of an employment record of at least 10 years;
1 year in the case of an employment record of at least 15 years;
1,5 years in the case of a working history of not less than 20 years;
2 years in the case of an employment record of at least 25 years;
2,5 years in the case of an employment record of at least 30 years;
3,5 years in the case of an employment record of at least 35 years; and
4.5 years with a working history of at least 40 years.
3 The working past, referred to in paragraph 2, shall be determined by aggregation of:
a. periods, situated in the 5 years immediately preceding the dismissal, to which the person concerned demonstrates as an employee as intended in Article 3 of the Unemployment Act and to be in service of 8 hours or more hours per week; and
b. the period situated between the 18th birthday of the person concerned and the day, located 5 years before the resignation.
4 Periods in which a person concerned:
a. is entitled to incapacity benefit on the basis of the Incapacity for work insurance ( Stb (89), calculated on the basis of Article 58, first or third member, of the General Incapacity for Incapacity For Work, whether or not increased by incapacity for work, or an allowance under Article 58, first or third member, on the basis of the Incapacity for work insurance 70% or more of the dagloon, to which the incapacity benefit is or would have been calculated;
(b) entitlement to incapacity for work, calculated on the basis of a minimum incapacity for work of 80% or an allowance paid to him by the State of a service under which he was insured under his invalidity pension, is entitled to an incapacity for work of not less than 80% of the incapacity for work. nature and scope of the allowance as referred to in point A , whether or not increased by the disability benefit of 73% or more of the averaging, to which incapacity benefit is or would have been calculated;
c. receives a benefit on the basis of Chapter III of the Military Incapacity Facility ( Stb 1972, (313), calculated for incapacity for work of at least 80% or an allowance under that chapter, whether or not increased by work of incapacity benefit 70% or more from the dagloon, to which the Incapacity benefit has been or would have been calculated;
d. after the termination of his employment, receives a benefit on the basis of the Disease law ( Stb . 1987, 88) for the maximum duration referred to in Article 29 (2) of that Law;
(e) receives a benefit corresponding to the nature and the effect of the benefit of a benefit under A or Ed ;
where such benefits are received in connection with a claim of 8 or more hours per week, taken into account for the period of three years referred to in paragraph 2 and for periods of five years, immediately prior to the resignation referred to in the third paragraph.
5 For the period of three years referred to in paragraph 2 and for periods of five years immediately preceding the resignation referred to in the third paragraph, periods in which a person shall be a child of his household shall be:
a. below the age of 6 years of age, without having worked for eight hours or more hours per week or receiving a benefit as referred to in the fourth paragraph, and
b. From the age of 6 but below the age of 12, without this person having worked for eight hours or more hours per week or receiving a benefit as referred to in the fourth paragraph, taken.
6 For the purposes of application of paragraph 5, the period of service shall not count as periods of care:
a. the caring person as an employed person, within the meaning of a statutory scheme of unemployment, is entitled to unemployment benefit; and
b. The care outside the Netherlands takes place differently than during holidays.
7 If there are more nursing persons as referred to in paragraph 5 in a joint household, the person of such persons whom they have designated as such shall be regarded as a nursing person for the purposes of that Member. In the event that no nursing person is appointed, our Minister has the power to designate as such any of those who, in his opinion, must be regarded as a responsible person.
8 For the purposes of the fifth and seventh paragraphs, the following shall apply:
a. 'Child' means a child of his own, taken to a child, or foster child;
b. 'a foster child' means a child who is maintained and raised as a child.
9 The rules set pursuant to Article 42, ninth paragraph, of the Unemployment law , shall apply mutatis mutandis.
10 In special cases, after the expiry of the periods referred to in paragraphs 1 and 2, the Minister may, after expiry of the period referred to in paragraphs 1 and 2, extend the length of the
1 By way of derogation from Article 5 , if this leads to a longer waiting period, including, where applicable, the special extension referred to in the third paragraph, the duration of the waiting period shall be fixed in accordance with the following paragraphs.
2 The length of the waiting period shall be fixed at three months, together with the person concerned:
a. which, on the day of dismissal, has not yet reached the age of 21 with a duration equal to 18% of the service time;
b. on the day of dismissal 21 years old with a duration of 19.5% of the service period and, if thereafter, ascending by 1,5% per age;
c. on the day of discharge 60 years of age or older, with a duration equal to 78% of the service time.
3 In addition to the length of the waiting amount of the person who, at the time of the resignation, has completed a period of service of at least 10 years, in so far as it is valid, the sum of his or her age and time of service shall be the sum of his/her age and of the period of service of the person concerned. A special extension shall be granted after the expiry of the period for which the waiting money has been granted, 60 years or more. This special extension shall take until the first day of the calendar month following that in which he reached the age of 65 years.
4 The extension provided for in paragraph 3 shall not take place in the event of an extension granted previously to the aforementioned extension, unless the person concerned subsequently has a period of service, in so far as it is valid for the period before the date of the A pension of at least 10 years has been completed. In that case, the time taken into account in the special extension shall continue to be eligible.
5 In special cases, after the expiry of the periods referred to in paragraphs 1 and 2, the Minister may, after expiry of the periods referred to in paragraphs 1 and 2, extend the period of the
1 The person concerned, who is the end of the period of waiting Article 5, second paragraph , has reached out, in connection with that waiting money has a right to a follow-up money.
2 The person concerned
a. the end of the holding period specified in Article 5, first paragraph , has reached and
b. satisfies the condition specified in Article 5, second paragraph, part a or b But only because of his past employment rights does not have the right to prolongation of the waiting period, it is entitled to a continuation of the waiting money.
3 Subject to the provisions of the following paragraphs, the duration of the continuation waiting period shall be one year.
4 The duration of the follow-up cash for the person concerned, who is 57,5 years of age or older on the day of his resignation, is three and a half years.
5 The person concerned to whom only the person concerned first and second paragraph of Article 5a a waiting money has been granted and that meets the condition, intended in Article 5, second paragraph, part a or b , has a right to a follow-up cash if the amount of the waiting money ends at a time within one year of the date on which his waiting money would have been terminated, if it had been granted under the Article 5 . The follow-up money ends at the time of the year following the date referred to in the preceding sentence.
6 The person concerned who, on the date of his resignation, is 57,5 years of age or older, to whom only the person concerned is first and second paragraph of Article 5a a waiting money has been granted and that satisfies the condition specified in Article 5, second paragraph, part a or b , has a right to a follow-up cash if the amount of the waiting money ends at a time within 3,5 years from the date on which his waiting money would have been terminated, if it had been granted under Article 6 . The follow-up money ends at the time of 3.5 years after the date referred to in the previous sentence.
7 Unless otherwise expressly provided for, the provisions of the waiting money shall apply mutatis mutandis to the continuation of the waiting money.
1 The amount of the waiting money shall be equal to 90% of the salary during the first six months, 75% of that bet for the following six months, which shall be increased to a maximum of 25 years for each age over 25 years. 80. Then the waiting money amounts to 70% of those wedded.
2 By way of derogation from the first paragraph, the amount of the waiting money shall be referred to during the extension: Article 5 A , third Member , equal to the amount of the pension to which the person concerned would be entitled, if he was retired from the relationship from which he was entitled to waiting money, on the day of that resignation, to the service period, to the extent that he was valid for The second paragraph of Article F6 of the Pensions Act, in relation to which the cash was awarded, except that during the first year of that extension, the payment of the cash in question was granted for the purpose of the pension At least 40% of the most recently enjoyed were wedde.
3 The amount of the waiting money during the extension, referred to in Article 5 A , fifth paragraph , not more than 70% of the last part of the competition was in competition.
1 The amount of the follow-up money is equal to the minimum wage, with the exception that this amount can never exceed 70% of the salary.
2 For the purposes of this Article, minimum wage is defined as the monthly amount of the minimum wage. Article 8, first paragraph, point A , of the Wet Minimum wage and minimum holiday allowances ( Stb 1968, 657), or, in the case of a person under the age of 23, the minimum wage for his age, as referred to in Article 4 (1) of the Treaty. Article 7, third paragraph , and Article 8, third paragraph , of the Act, both increased by the annual report on the holiday referred to in Article 15 of that Act.
1 The income which the person concerned enjoys or benefits from or in connection with employment or business, taken from or after the day on which the resignation, in respect of which the waiting money has been granted, has been called upon or is requested by him, shall be counted against the waiting money for the month on which such income relates or may be deemed to be related. The following shall be carried out:
(a) If the income is received from any public purse, the waiting money shall be reduced by the amount of the waiting money plus the amount of the salary exceeding the salary;
(b) If the income is enjoyed by others, the amount of the waiting money shall be reduced by the amount of the waiting money, plus the amount of that income, in excess of the salary by more than 10%;
c. In the event of simultaneous enjoyment of income, as intended A and B , the amount of the waiting amount shall be reduced first by the amount of the A revenue and waiting money together to exceed the salary, and then the A and B (ii) income from the amount of the waiting money which may be reduced and a second reduction shall be determined on the amount to which the sum obtained exceeds 110% of the remuneration. For the purpose of determining the amount of cash in excess of income as referred to in the first sentence of the salary exceeds the amount of the salary, a reduction in the amount of the waiting money shall be determined in accordance with the provisions of the Article 16, first paragraph , not taken into account.
2 As regards the person concerned who has been granted a waiting money and who has resigned from the point of view of the permanent incapacity for sickness or defect in respect of the period of time spent with entitlement to a waiting period; and in which he was a civil servant within the meaning of the Pensions Act, the income referred to in paragraph 1 shall be deducted as follows: The income which the person concerned enjoys or benefits from or in connection with employment or business, taken from or after the day on which the dismissal took place from the person who was taken as a waiting holder by the person concerned shall be settled relating to the month to which they relate or may be deemed to be related. By way of derogation from the provisions of paragraph 1, such netting shall be carried out in such a way as to reduce the amount of the waiting amount originally granted, by the amount by which the pension or not supplemented by a cash or benefit has been added, increased by revenue from or in respect of labour or business, including the original benefit granted in excess of the original remuneration. If, following that reduction, an excess of the remuneration remains, the additional cash held or the additional benefit shall be reduced by the remaining amount of the payment.
3 The previous paragraph shall apply by analogy with regard to income from or in connection with employment or business taken during holidays or leave immediately preceding the dismissal, in respect of which the waiting money has been granted.
4 If the person concerned has taken employment or business prior to the day of the dismissal, other than that specified in the first and third paragraphs, and after that day of that employment or that undertaking is going to benefit from income or more income, the first member of the application, unless the person concerned makes a reasonable doubt that any income or increase in income or a portion thereof is neither the result of increased activity nor the dismissal, in which case, that income, which is more than income or that part thereof shall not be taken into account for the application of the first paragraph.
5 With income received from any public purse, other income shall be treated as being linked to a relationship in which the person concerned is a civil servant within the meaning of the Pensions Act, or in addition to the provisions of Articles B7 and B7. and B9 of that law official in the sense of that law would be.
6 For the purposes of this Article, a benefit is payable under the Law for incapacity for the self-employed or the Law on incapacity for work of young handicapped persons recognised as income related to employment.
7 In special cases, our Minister may derogate from the person concerned for the benefit of the person concerned.
1 The person concerned is obliged to make a communication to our Minister, stating, to the extent possible, of the income he will draw from that work, from the point of view of any employment or business. If the income is not to be given in advance, he shall declare the income in good time before the appearance of each standby time-period, which he has enjoyed since the work or the previous task.
Our Minister gives detailed rules on the making of communications by the person concerned with regard to income from or in connection with labour or business.
2 Implies the nature of the work or the income, that the income is to be calculated over a longer period, the declaration shall be made accordingly and a reduction of a provisional fixed amount shall be applied to the waiting money. amount subject to settlement at the end of the period set out in the said period.
With respect to this netting Article 7 the longer-term referred to in the previous sentence, rather than the month of each month, shall apply.
3 Our Minister may, in fixing the amount of reduction, deviate from the person concerned.
4 The preceding paragraphs shall apply mutatis mutandis to the labour or business and income therefrom, referred to in Article 7, third and fourth paragraphs .
5 As long as the person has not reached the age of 55 he is obliged to behave according to the rules, which are given to him by Our Minister to obtain his or her office, or other sources of income.
6 The person concerned who has been granted the waiting money shall be deemed to be in a position to vote in favour of the person concerned, all of whom shall give all the information in respect of his circumstances, which shall be considered by our Minister for that reason; which are necessary for the implementation of this Decision.
Our Minister is able to determine that income received from overtime, in a form of gratification, on a voluntary commitment to the National Reserve, as a voluntary servant of the police, in the emergency and emergency services of the National Reserve, is a good one. Emergency bars or the Monuments Guard or other reserve bodies to be designated by our Minister, are not to be regarded as income in whole or in part.
If the person concerned has been prevented from carrying out work for more than one year, he may be required by Our Minister to examine his or her medical examinations or to undertake a medical examination in accordance with the provisions of the pension law.
1 The right to waiting money ends:
a. starting from the first day of the calendar month following that in which the person concerned reaches the age of 65;
b. From the day following the date on which the person concerned died;
c. if the right to waiting money is bought in whole;
e. on request from the person concerned.
2 The right to waiting ends shall end from the first day of the second month following that in which the person concerned, within the meaning of Article E 1 or Article U 15 of the Pensions Act, has been declared permanently unfit for sickness or health defects, concerning the discharge from which he has been dismissed with entitlement to waiting money, where a pension is calculated according to a general disability of 80% or more. Article 4, second paragraph It shall apply mutatis mutandis, except that the amount of the waiting period shall be fixed in so far as it is determined on the basis of: Article 5a , and the height shall be determined from the date of dismissal.
3 The right to waiting money may be declared void, in whole or in part, if the person concerned:
a. behave in such a way that he, if he remained in service, would have been dismissed;
b. The data, which are necessary for the determination or reduction of the waiting money, do not provide complete or incorrect information;
c. the Article 3a (1) and (2) (i) whether or not to cancel the tender at the times specified by the Labour Service Organisation or the foreign agency of employment services;
(d) If attached to the Labour Supply Agency or the foreign employment agency fails to comply with a summoning or designation of that organisation or that body, which may lead to the acquisition of a contract It may be considered appropriate for him or refuses to accept such work.
4 The right to the waiting money shall lapse when the application for that purpose is intended to Article 4 (6) , not within a period of five years after the creation of that right by our Minister.
1 If the person concerned:
(a) a post or a post on which he or she can reasonably be ordered in relation to his or her personality and circumstances, shall refuse to accept;
(b) an opportunity to obtain income in a manner which is deemed to be appropriate by him, does not make use of it;
c. revenue, as referred to in Article 7 , to give, without sufficient reason, price, or lose it by its own fault or by doing so;
the amount of the waiting money shall be reduced by the amount of cash paid or lost or lost, plus the amount of income which had not been paid or lost.
2 The waiting money shall not be paid for the duration of the person concerned:
(a) the obligations imposed on it are not or are not fully fulfilled;
b. must be resident abroad unless our Minister decides otherwise, on an application made for that purpose;
(c) does not, in the absence of cooperation, prevent the obtaining of an invalidity pension as a result of a medical examination or examination of a medical examination or a pension as a result of a medical examination or a medical examination Article U15 of that Act;
d. Not as a job seeker with the Labour Supply Agency or the foreign employment agency is registered, unless he demonstrates that he has not reasonably been able to comply with the Article 3 A , first and second members , the obligation imposed.
At the request of the person concerned, the right to waiting money may be purchased in whole or in part.
1 The further implementation of this Decision shall be suspended until the end of the period in respect of the person concerned who has been granted a cash-in and who is entitled to a claim or who is entitled to the payment of his last salary. Period of eligibility.
2 The previous paragraph shall apply mutatis mutandis in the case of entitlement to benefits in accordance with the standards of the Incapacity for work insurance Provided that this benefit does not less than 70% of the last salary received.
3 As regards the person to whom waiting money has been granted and who is, or has to enter, in real service as a military or as a fallback as a result of legal obligation, the subsequent application shall be made on an application to that effect. suspended this decision for the duration of that service.
4 The previous paragraph shall apply mutatis mutandis where the person concerned has been employed as conscientious objectors in the sense of Article 9 of the Law of conscientious objection military service .
(1) If the person concerned is entitled to a pension under the pension scheme calculated as a general invalidity of less than 80%, in respect of a person who is eligible for permanent incapacity, for illness or for defects, or a benefit in accordance with the standards of the Incapacity for work insurance The amount of the waiting money, calculated as a result of the same dismissal, shall be reduced by the rate specified below, calculated as to the incapacity for work of less than 80%. This reduction shall be at the level of an invalidity of
| 65% to 80%: |
80%; |
| 55% to 65%: |
60%; |
| 45% to 55%: |
50%; |
| 35% to 45%: |
40%; |
| 25% to 35%: |
30%; |
| 15% to 25%: |
20%; |
| less than 15%: |
0%. |
2 The sum of the pension referred to in paragraph 1 or the allowance and the reduced amount of the waiting money shall not exceed the amount of the unpaid cash which is enjoyed if there is no overlapping. In the case of overrun of the intended use of the waiting money, the reduction shall be deducted from the reduced waiting money.
The person concerned who has been granted waiting money, who shall take up employment or business elsewhere, may be granted a concession in respect of the costs incurred by him on a move necessary for that purpose up to a maximum of the amount of the expenditure incurred. of a fee according to the standards of the Travel expenses decision 1989 .
1 The waiting money, calculated over a month, is paid in monthly installments. With the consent of the person concerned, the payment may be made in a longer period.
2 As soon as possible after the death of the person to whom waiting money has been granted, the widow or widower, whose deceased person was not living in a lasting way, shall be paid an amount equal to the remuneration for a period of three years. months. Is a reduction applied to the waiting money under the Articles 7 , 8 or 13 , or is Article 12, third paragraph , if applied, the benefit is equal to the amount of the waiting money received on the day of death, over a period of three months. In the event of death in the period of suspension of the waiting period under Article 15, first and second paragraphs , there is no claim to benefit as referred to in this Article.
For the purposes of applying this Article, a widow or widower shall include the surviving partner with whom the non-married person lived and-with a view to living together on a lasting basis-a common household the basis of a notarial past cohabitation contract containing the reciprocal rights and obligations of that cohabitation and common household. At the same time, only one person can be identified as a life partner. Our Minister may require the presentation of a written declaration by a notary to show the existence of that contract of society.
4 The deceased person is not a widow or a widower after whom he or she, or she, has not been permanently divorced, the benefit of the amount referred to in paragraph 2 for the benefit of the underage of natural or natural children shall be made. of the deceased, or minor children, on which the deceased person was in custody at the time of death.
Foster parental care means the care for the maintenance and education of the child, as if it was a child of his own, independent of any obligation to do so or of enjoying a fee for that. In the absence of such children, the benefit of the amount referred to in paragraph 2 shall be paid to those who depend wholly or largely on the income of the deceased.
5 The allowance referred to in the second or third paragraph shall be deducted from the amount of the benefit on which the former official's survivor's relations are entitled to that effect:
a. under some statutory insurance against sickness, incapacity for work and involuntary unemployment;
b. under a municipal ordination, if on the day of death Article 16 is applicable.
6 If the deceased person does not have relations as referred to in the second and third paragraphs, the amount referred to therein may be paid in whole or in part for the payment of the costs of the last sickness and of the funeral of the body, if he or she It is not sufficient to cover the payment of such costs.
The General Term Act ( Stb. 1964, 314) does not apply to the time limits set in Article 5, first and second paragraphs , Article 5 A , second paragraph , Article 5 B , third to sixth Member States , Article 6, first paragraph , and Article 18, second paragraph .
This Decision shall enter into force on 1 January 1973.
Our Minister of Home Affairs is in charge of the implementation of this decision, which is in the State Sheet will be placed and copies of which will be sent to the Council of State and to the Court of Auditors.
Soestdijk, 23 November 1972
JULIANA.
The Minister of the Interior,
W. J. GEERTSEMA.
Issued on 14 December 1972.The Minister of Justice, a.i.,
B. BIESHEUVEL.
