Key Benefits:
Decision of 3 December 1997 amending certain decisions relating to the 'Defence of the Working Conditions Agreement' for the period from 1 April 1997 to 31 May 1999
We Beatrix, 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 Defence of 4 September 1997, No P97005778;
Having regard to Article 125 of the Civil Service Act and Article 12 of the Military Staff Act 1931 ;
The Council of State heard (opinion of 13 November 1997, No W07.97.0578);
Having regard to the further report of the State Secretary for Defence of 27 November 1997, No P/97008151;
Have found good and understand:
The military which, on 30 June 1997, used public transport to meet the costs of travelling between his place of employment and his place of employment, the distance between that dwelling and the place of employment of the Member State, the Employment has been measured along the shortest usual public road, shall retain his entitlement to that allowance calculated taking account of that distance, if he/she is due to take effect from 1 July 1997 as a result of the change in the public service. Article 1, Part (a) (1) of the Military Placement Cost decision and the resulting other method of distance measurement would be entitled to a lower concession. That claim lasts until the moment when a transfer or relocation changes the distance between the dwelling and the place of employment change.
For the purposes of this Chapter, the following definitions shall apply:
a. Military:
the military official in the sense of: Article 1 of the Military Staff Act 1931 that has been appointed to the professional staff, as well as the spiritual caregiver appointed in civil public service to be engaged in the armed forces of the armed forces.
b. person concerned:
1. the military officer with a lower rank than Vice Admiral or Lieutenant General who is in real service on 1 December 1997;
2. the civil servant defence who is entitled to a salary according to Annex B of the Remuneration decision civil servants defence and was employed by the Ministry of Defence on 1 December 1997;
3. the civil defence official referred to in Article 1, third paragraph, of the Beatmaking Decree civil servants ' defence which is in the service of the Ministry of Defence on 1 December 1997;
4. the former military officer with a lower rank than Vice Admiral or Lieutenant General who is in the enjoyment of waiting money as intended on 1 December 1997. Article 22 of the Unemployment Order Defence Staff , or benefit from the benefit of the Military former military personnel enjoy;
5. the former civil servant defence officer who was entitled to salary according to Annex B of the Remuneration decision civil servants defence and which on 1 December 1997 is in the enjoyment of waiting money as intended Article 22 of the Unemployment Order Defence Staff Or a benefit based on the Decision on benefits due to functional age-dismissal civil servants defence .
c. Calculation basis:
1. remuneration for the month of December 1997 in accordance with what is understood by the Military personnel revenue decision ;
2. the salary received in December 1997 according to what is understood by the Remuneration decision civil servants defence ;
(3) The amount of the waiting or benefit received by one of the acts referred to in subparagraph (b) (4) and (5) for the month of December 1997 after application of the reduction in respect of revenue from or in force in respect of which decisions are to be taken in respect of such decisions relationship to work or business.
A. The person concerned, referred to in Article XXXI (b), points (1) to (3), shall be granted a lump sum payment in December 1997, covering 6,48% of the calculation basis for which he is responsible.
B. The person concerned, intended to Article XXXI (b), parts 4 and 5 , in December 1997, a one-off benefit is granted to the size of 6% of the calculation basis for which it is based.
C. The one-off benefit referred to in (A) and (B) does not have a general character and is not included in the remuneration or salary for the purposes of the remuneration rules. The one-off benefit does not form part of the contribution to the calculation of the pension basis. Article C1 of the General Military Pensions Act, the revenue and emoluments to be taken into account, which were or would have been the former military claim.
For the purposes of this Chapter, the following definitions shall apply:
a. Military:
the military official in the sense of: Article 1 of the Military Staff Act 1931 that has been appointed to the professional staff, as well as the spiritual caregiver appointed in civil public service to be engaged in the armed forces of the armed forces.
b. person concerned:
1. the military with a lower rank than Vice Admiral or Lieutenant-General who is in real service on 1 December 1998;
2. the civil servant defence who is entitled to a salary according to Annex B of the Remuneration decision civil servants defence and, on 1 December 1998, is employed by the Ministry of Defence;
3. the civil defence official referred to in Article 1, third paragraph, of the Beatmaking Decree civil servants ' defence which is in the service of the Ministry of Defence on 1 December 1998;
4. the former military officer with a lower rank than Vice Admiral or Lieutenant General who is in the enjoyment of waiting money as of 1 December 1998. Article 22 of the Unemployment Order Defence Staff , or benefit from the benefit of the Military former military personnel enjoy;
5. the former civil servant defence officer who was entitled to salary according to Annex B of the Remuneration decision civil servants defence and which on 1 December 1998 is in the enjoyment of waiting money as intended Article 22 of the Unemployment Order Defence Staff Or a benefit based on the Decision on benefits due to functional age-dismissal civil servants defence .
c. Calculation basis:
1. remuneration for the month of December 1998 in accordance with what is understood by the Military personnel revenue decision ;
2. the salary received in December 1998 according to what is understood by the Remuneration decision civil servants defence ;
(3) The amount of the waiting or benefit received by one of the acts referred to in subparagraph (b) (4) and (5) of the Treaty on the month of December 1998 after application of the reduction in revenue from or in force in respect of which such decisions are to be made in respect of the aid relationship to work or business.
A. To the person concerned, intended to Article XXXIII (b) (1) to (3) , in December 1998, a one-off benefit is granted to 6,48% of the calculation basis for which it is based.
B. The person concerned, intended to Article XXXIII, point (b), parts 4 and 5 , in December 1998, a one-off benefit is granted to the size of 6% of the calculation basis for which it is based.
C. The one-off benefit referred to in (A) and (B) does not have a general character and is not included in the remuneration or salary for the purposes of the remuneration rules. The one-off benefit does not form part of the revenue and emoluments referred to in Article C1 of the General Military Pensions Act, which was claimed by the former military officer or in the form of a former would have had.
The Royal Decree of 9 September 1960, number 85, on temporary placement in a place of employment outside the Netherlands, is hereby repealed.
This Decision shall enter into force from the day following the date of issue of the Official Journal, in which it is placed, with the exception of:
(a) Chapter 7, which shall enter into force with effect from 1 January 1998;
(b) Chapter 8, which shall enter into force with effect from 1 April 1998;
(c) Chapter 9, which shall enter into force with effect from 1 July 1998;
d. Chapter 10 which shall enter into force with effect from 1 September 1998;
Chapter 11, Article XXVI, Part A to C , which enter into force on a date to be determined by Royal Decree, on or after the date on which the Decision to replace the Staff Regulations on Health and Public Health enters into force through sectoral arrangements,
and except that:
f. Chapter 1 shall be operating back to 1 July 1996;
g. Chapter 2 shall be working back to 1 January 1997;
(h) Chapter 3 shall be working back to 1 April 1997;
i. Chapter 4 back works up to 1 May 1997;
(j) Chapter 5 shall be working back to 1 July 1997;
(k) Chapter 6 shall be working back to 1 November 1997.
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, 3 December 1997
Beatrix
The Secretary of State for Defence,
J. C. Gmelich Meijling
Published three-and-20th December 1997The Minister of Justice,
W. Sorgdrager
