Key Benefits:
Decision of 17 August 1935, laying down a waiting scheme for the military personnel of the navy
We WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
On the nomination of Our Ministers of Defence and of the Internal Affairs Ministers of 4 April 1935, VIIIe Instalment, No 129, and of 12 April 1935, No 489II, Subsection Pensions and Withdrawal Payments;
Having regard to Article 12 of the Military Staff Act 1931 ;
Whereas, it is now to be hoped that our Decision of 30 March 1927 ( State Sheet n ° 64) establishing a system of security for the military personnel of the naval force, as amended and supplemented by our Decision of 4 February 1931 (2). State Sheet (°) (n) (46), to be withdrawn and redefined;
Heard the Council of State (opinion of 14 May 1935, n ° 30);
Having regard to the further report of our Minister of Defence and Internal Affairs of 30 July 1935, VIIIe Dialent, n° .1, and of 7 August 1935, No 489III, Subsection Pensions and Withdrawal Payments;
Have found good and understand:
A. To Withdraw Our Decision Of 30 March 1927 ( State Sheet n ° 64), establishing a system of waiting arrangements for the military personnel of the naval force, as amended and supplemented by the Decision of 4 February 1931 ( State Sheet n ° 46);
B. to be determined:
1 This Decision is a "military" voluntarily serving the military of the naval force, not good to the Royal Navy Reserve.
2 It shall be dismissed for the purpose of the removal of his or her relationship or of change in the organization of the branch of the service to which he belongs, in accordance with the conditions laid down in the Article 6, first paragraph -unless, at the time of service, he has valid years of service for retirement in the sense of the Pensions Act for the Sea ( State Sheet (65), or in the case of diseases or defects in terms of reference to the pension-payable by the State on the basis of the provisions of this Decision.
3 Such as waiting money may also be granted to the military who gives the wish to be placed on a waiting money after he has been informed of his intention to resign under the provisions of Article 20 (C) of the Treaty; the Rules of Procedure Military Navy, or when he belongs to a branch of service, where an overcomplete of servicemen exists or will be soon to be expected, in which case the surrender to be given is not considered to have been granted on Request.
With regard to the duration and the amount of the waiting money, the soldiers are distinguished in:
a. those who, by reason of their nature, must reasonably be deemed to be in a position of equivalent status than in their service not to be obtained within a reasonable period of time;
b. the others.
1 For the purposes of applying the further articles of this Decision, the term "service" means the service valid for retirement in the sense of the Pension Act for the Navy ( State Sheet (65) The date on which the waiting money starts, except that where the period of service has been interrupted as a result of dismissal, the time before the interruption is limited, if the interruption is less than one year. has lasted, during which time spent in the reserve, to which the person concerned was obliged by the undertaking of the active naval force, is not regarded as an interruption.
2 In case of application of the Third paragraph of Article 5 However, the time before the interruption is nevertheless added, even if the interruption lasted for a year or more.
(1) For the purposes of this Decision, except in respect of the following paragraphs, the remuneration shall be taken to mean the remuneration of any land on the day preceding that of the resignation from the Netherlands, on the day of the exit from the Netherlands. relating to the temporary dependent child allowance, the holiday allowance and any other income and income included in the pension base.
(2) If the salary, income and income referred to in the previous paragraph, if the person concerned had remained in service on that remuneration, would be altered by the date of the entry into force, other than the periodic increases (i) that change shall be made by the amount thus amended as the last remuneration.
3 By way of derogation from being given in the first and second paragraphs for the waiting money, to be granted under the Third paragraph of Article 5 'salary' means the amount of the pension base in force on the date of dismissal.
1 To a military man, as intended Article 2 (a) , the enjoyment of waiting money shall be granted for a period of time equal to his service.
2 To a military man, as intended Article 2 (b) , the pleasure of waiting money shall be granted for a period of three months, plus three months for him who, at the time of the dismissal, was a family of three months, and for the rest by one and a half months for each year of the service.
3 The number of years of service and the number of years of service, together with the number of years of age, to which he/she has resigned at the time of dismissal, has been completed for such a period as a military officer at the time of the dismissal. After the expiry of the periods referred to in the first and second paragraphs, a further entitlement shall be granted to him after the expiry of the periods referred to in the first and second paragraphs.
4 The waiting money referred to in paragraph 1 shall be:
a. if the military person at the time of the dismissal is the breadwinner of a family, during the first three months the most last remuneration he has received, for the following three months 85, during the next five years, during the period of the following five years: the following five sixties, and then 50 to 100 of the last salary received;
b. In the other cases, during the period of A the periods laid down respectively by the most last of the remuneration and 75, 60, 50 and 40 to a hundred of them;
This has not been completed before the deadline, on which the enjoyment of waiting money has been granted.
5 The waiting money referred to in the second paragraph shall be:
a. if, during the first three months, the military has been the breadwinner of a family during the first three months, during the following three months, 85, during the following five years of the next 5 years, and then 60 of that remuneration;
(b) in other cases the most last of the salary and 75, 60 and 50, and 100 thereof, during the period covered by the A the time limits referred to in this paragraph;
It has not already elapsed before the deadline, on which the waiting money has been granted, on which the money has been granted.
6 The amount of the waiting money referred to in the fourth and fifth paragraphs shall not be less than the amount of the deferred pension on which the person concerned has the right to resign from the person concerned, or, if the person concerned has so far taken up his/her position, or, if he or she has so far, The view is not whether there is no more to the full, otherwise it would have had.
7 The amount of the waiting money referred to in paragraph 3, which is to be enjoyed after the expiry of the periods referred to in paragraphs 1 and 2, shall be equal to the amount of the deferred pension to which the person concerned has a view on the dismissal of his/her resignation. or, where there is no such view, or no longer exists, to the full, if the sum referred to is less than 40 to 100 of the last part of the situation, if the amount of the whole of the Remuneration of remuneration First and second paragraph of Article 4 , the amount of the waiting money for the first year on the latter amount is set.
8 Where the third paragraph does not apply, in exceptional cases the waiting money may continue, at the end of the time limits referred to in paragraphs 1 and 2, for a certain period of time; Person at the time of the dismissal was or was not a breadwinner of a family or of 50 or 40 persons who were last paid.
1 We reserve, in cases where this is judged by our need, to interested parties, to whom the provisions of Rule 45 (4) of the Services Act do not apply, to impose upon them an appointment to appoint a person to appoint a person to appoint a person to appoint a person to appoint a person to appoint a person to appoint a person to appoint a person to appoint a person to appoint to accept or to make a commitment to the staff of the Royal Marinereserve. The attributing or further exalting of waiting money to a former military officer during the period of time, intended to Article 5 , it shall be made conditional on the acceptance of the appointment or the conclusion of the undertaking referred to above.
2 If the waiting money in the cases, described in the Articles 7 , 8 and 10 , as a whole, it is stated that the obligation to reserve has been imposed under the provisions of this regulation.
3 Suspension or partial suspension of payment of the waiting money shall not cease to be subject to reserve requirements.
1 Where the income posted on waiting money is paid out or in connection with employment or business, after the termination of the resignation, subject to the provisions of paragraph 2,
(a) if the revenue received in the service of public entities, as soon as the waiting money, plus the income that was last received, would exceed the salary, the waiting money with the amount of the excess had been reduced;
b. in other cases:
the amount of the waiting money for the duration of that income is reduced by an amount equal to half of that income, on the understanding that the amount of the income is not eligible for an amount equal to the difference between the waiting money and the last period of that income. paid or paid, this difference is more than 30 to a hundred of that salary, an amount equal to 30 to 100 of that remuneration, and that no more shall be reduced than if the benefit enjoyed had been obtained by the service of public bodies;
c. In simultaneous enjoyment of income as intended A and B , the waiting money reduced by any portion of the income under A If, together with the waiting money, exceed the amount of the salary last received, but in respect of the remaining income, as if they were all B However, the latter shall not, on the basis of the latter reduction, be subtracted more than half of the revenue under B .
2 Where income is received from overtime in the service of public bodies, it may be determined that the goods in the first member of the A and C the reduction in whole or at the same time as the reverse shall be omitted.
3 The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in respect of income obtained from, or in connection with, employment or business, taken by hand for leave immediately preceding the termination of the resignation, or during the time of nonactivity or at the disposal of the person concerned.
4 Where, before the day on which the resignation, in respect of which the waiting money was granted to him or-in the cases, in the case of the third paragraph-of the leave, made on a waiting basis from or in connection with employment or holding, before the day on which the leave is to be taken, the non-activity or posting has entered into, on or after that day, revenue or multiple income shall be granted in respect of such income or multiple income, the provisions of this Article shall apply mutatis mutandis.
5 The immediate participation of the Minister of Defence of Onzen Minister of Defence was made without delay by taking the form of work or business. In so doing, he shall provide, as far as possible, the revenue which he/she will draw from the work which he/she shall draw upon, while, in addition, he is obliged to, if such income is subject to temporary or permanent alteration thereof, be made in good time before the date of application of to make the next payment of the waiting money further. If the income is not to be given in advance, he shall, in good time before the next payment of the waiting money, give an indication of the income he has enjoyed since the work or the previous task. If, however, the nature of the work, if the Minister for Defence is assessed as a result of the need to calculate earnings over a long-term period, the task is to be calculated accordingly and to a reduction in the amount of the waiting money. applied for a prematter-fixed amount subject to settlement at the end of the event referred to as the time limit.
6 In fixing the amount of the reduction, the person concerned may not be given any notice. If the income is voluntarily given without sufficient reason or lost due to its own debt, the reduction shall continue to be reduced to the last specified amount.
7 If the declaration referred to in this Article fails to comply or fails to do so or fails to do so, the payment of the cash hold shall be suspended in whole or at the same time whether the waiting money has been declared void in whole or at the time.
8 The waiting money shall be deemed to accept, by accepting the waiting money, that all those who, in the opinion of the authority concerned, shall give all the information necessary to the effect that the person concerned has so far the necessary information to the effect that the aid is Authority will be considered appropriate.
1 If the waiting money has been offered to him in Netherlands to perform office or to the office or to the judgment of Onzen Minister of Defence may reasonably be assigned, in relation to his or her personality and circumstances, to accept or otherwise to accept or otherwise, if he may, on the occasion of If, as a result of his personality and circumstances which, in the judgment of that Minister, can be regarded as being appropriate to him, no use is made of it, the waiting money shall nevertheless be reduced by: a zootechnical amount, as if the absentie income is enjoyed.
2 It is also obliged to behave according to the rules which are given to him by the Minister either in general or in any particular case, with a view to obtaining a post or a question of a post or a to get the other source of income. In the event of failure to comply with those rules, the payment of the cash hold may be suspended in whole or at the same time whether the waiting money has been declared void in whole or at the time.
3 The provisions of this Article shall apply mutatis mutandis to the military, which has been informed of the intention to resign under the provisions of Article 20 (C) of the Rules of Procedure of the military naval authority, In that case, if such a military officer refuses to hold office or concerns a post or does not use an occasion, as referred to in paragraph 1, the granting of waiting money shall be omitted or is made only less and that, in the case of: non-compliance with the rules as referred to in the second paragraph, the granting of waiting money It may be omitted or only be reduced to a reduced amount.
1 For the application of the Articles 7 and 8 revenue or default income shall be understood to include amounts which, as pension contributions, have been or would have come from the party concerned.
2 As income, which is enjoyed in the service of a public body, these are also classified income related to a relationship which gives or may give to the person concerned in retirement under the Pensions Act 1922 ( Stb. 240).
1 The waiting money is expiring:
a. When the party concerned is entitled to receive a pension under the Merit Act ( State Sheet 1922, n ° 65), or the Pension Act 1922 ( State Sheet n °. 240);
b. by revocation, in the case of such conduct of the conduct of the waiting money, that he would have been dismissed, if he had remained in service, or if, without the consent of Onzen, he had to settle or be regarded as having to be held abroad be kept in a sustainable way;
c. On return to action by force at the naval force;
d. upon request.
If the waiting money has been cancelled out on one of the above mentioned points, the time limit may be fixed at the end of the period mentioned above. first or second paragraph of Article 5 , at the same time, the entitlement to the waiting money referred to in the third paragraph of that Article shall lapse.
2 The lapse, suspension of payment, reduction or increase of waiting money shall continue in the day on which the reason for the expiry, suspension, reduction or multiplication is due to the expiry of the period of expiry.
In the case of the waiting money, a settlement may be made under which the waiting money is wholly or exclusively replaced by a purchase price.
The person who is or is being ordered to pay shall be granted an amount in respect of costs which are attached to the move to that effect if he is going to pay the costs. If, in the absence of a decision, he/she is to pay his or her own funds, he or she shall be entitled to pay his or her own resources. that grant, that labour or company would reasonably not be accepted by him.
1 The amount of the waiting money, calculated over a year, is rounded up to a full gulden. It is paid out in the monthly instalments. With the consent of the waiting money, the disbursement may take place in longer instalments.
2 In the event of death, the waiting money shall not be paid any longer than until and with the day of death.
3 Subject to the provisions of the 4th paragraph, an amount equal to the deceased's waiting money for a period of six weeks shall be paid as soon as possible after the death of a waiting party to his widow. If the deceased person does not leave a widow, he shall be responsible for his/her lawful or recognised natural children of the waiting day. In the absence of such children, if the deceased was the breadwinner of parents, brothers, sisters or children of the majority, for the benefit of these relations.
4 If, as referred to in the third paragraph, the survivors of the death of the waiting staff of the third party shall, as a result of his or her income from or in connection with employment or business, as a result of which a reduction was made on the waiting money. In accordance with Article 7 (1) of Regulation (EEC) No 721/Article 7 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, the Commission shall not pay the Equivalent to reduced waiting money over a period of six weeks. This amount shall be increased by the proportion of that lesser amount if the amount to be paid out in respect of this relationship is less than six weeks of remuneration in that regard. The reduction shall be reduced to that remuneration.
5 If a deceased guard does not fail to enter into relations as referred to in paragraph 3, the amount so referred may be paid wholly or wholly for the payment of the costs of the last sickness and for the burial, if any: the deceased's estate for the payment of animal costs is insufficient.
1 The decisions to be taken in implementation of this Decision shall be taken by the Minister of Defence's Ones, with the cooperation of Onzen Minister for Domestic Affairs.
2 The Commission, set up by the Commission pursuant to Article 12 of our decision of 3 August 1922 ( State Sheet n ° 479) shall deliver its opinion on the objections raised by interested parties concerning the application of this Decision and shall in that case be extended by two officers or former officers of the navy to be indicated by Us.
3 A request for the opinion of the committee referred to in the previous paragraph shall be satisfied only if that request has been received from the Department of Defence within 30 days of the date on which the decision is to be taken in this matter. sent.
This Decision shall enter into force on the second day following the day of the day's account of the State Sheet Which is where it's placed.
Our Ministers for Defence and Internal Affairs are responsible for the implementation of this decision in the case of such a decision, as far as he is concerned, in the State Sheet will be placed and copies of which will be sent to the Council of State.
St. Fillans, den 17den Augustus 1935
WILHELMINA.
The Minister of Defence,
L. N. DECKERS.
The Minister of the Interior,
J. A. DE WILDE.
Published 30 September 1935,The Minister of Justice,
FROM SCHAIK.
