Key Benefits:
Decision of 21 September 2010, following up by the Social Insurance Bank of the Netherlands Antilles (Netherlands Antilles) (Netherlands Antilles)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Social Affairs and Employment of 9 July 2010, No IZ/IA/2010/13952, done, on behalf of our Minister of Health, Welfare and Sport, and the State Secretary for the Interior and Kingdom Relations and in accordance with the Government of the Netherlands Antilles and the Administrative Board of the Netherlands Curaçao island areas and Sint Maarten;
Whereas the new State relations within the Kingdom of the Netherlands, as laid down in the proposed amendment of the Statute for the Kingdom of the Netherlands, give rise to regulation at the level of the of the Kingdom of the Netherlands with regard to the position of the Netherlands Antilles and the insured persons and beneficiaries concerned by that organisation;
Having regard to Article 38, second paragraph, of the Statute for the Kingdom of the Netherlands ;
Heard the Council of State of the Kingdom (opinion of 29 July 2010, No W12.10.0300/III/K);
Having regard to the further report of our Minister of Social Affairs and Employment of 15 September 2010, No IZ/IA/2010/18077, released on behalf of Our Minister of Health, Welfare and Sport, and the State Secretary for the Interior and Kingdom Relations and in accordance with the Government of the Netherlands Antilles and the administrative courts from the island regions of Curaçao and Sint Maarten,
Having regard to the provisions of the Statute for the Kingdom of the European Union,
Have found good and understand:
1 In this Decision, the following definitions shall apply:
a. country: Curaçao, Sint Maarten, or, with regard to Bonaire, Sint Eustatius and Saba, the Netherlands, or the legal entities of Curaçao, the country of Sint Maarten and the State of the Netherlands,
b. Social Insurance Bank of the Netherlands Antilles: the Social Insurance Bank, as regulated by State Regulation Social Insurance Bank (P.B. 1960, no. 154) as at the time of the day immediately preceding the entry into force of this Decision;
c. benefit: a benefit, provision or concession on the basis of:
1 °. The Land Regulation General Old Age Insurance (P.B. 1960, no. 83),
2. the Agricultural Regulation General Widows and orphans ' insurance (P.B. 1965, no. 194),
3 °. The National Health Insurance Regulation (P.B. 1966, no. 15),
4 °. The Land Ordination Of Accident Insurance (P.B. 1966, no. 14),
5 °. the Cessantiare Scheme (P.B. 1983, no. 85),
6 °. the scheme to grant sickness benefits public pensioners (P.B. 1975, no. 249), or
7 °. the LandsREGULATION: Special sickness insurance (P.B. 1996, no. 211),
as such arrangements were immediately prior to the entry into force of this Decision at the time immediately preceding the entry into force;
ed. Persons entitled to benefit: the person receiving a benefit at the time immediately prior to the time of transition;
e. overtaking country: the country which, under the provisions of this Decision, takes over the respective rights and obligations as provided for in this Decision;
f. time of transition: the time, named in Article 14 .
2 Where a country directly contributes to an implementing organisation designated for that purpose by that country, in respect of the execution of a benefit or a provision of its nature and effect, legal personality of that country, that implementing organisation shall take the place of that country for the purposes of this Decision.
3 An island regulation which, under the transitional regime of the Netherlands Antilles (P.B. 2009), is decentralisation. 75) is a continuation of a national regulation referred to in paragraph 1 (c) (1) to (5) and (7) for the purposes of applying the first paragraph, parts c and d together with the relevant national regulation as the same scheme.
1 The benefit of the right to reside in Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba at the time of transition shall, from that date, obtain from the country where it is resident at that time a right to benefit. similar claim in accordance with the relevant legislation of that country. For the purpose of determining the residence of the right to benefit from the right to benefit as referred to in Article 4 (1) of the Treaty. Article 1, first paragraph, point (c) (7) , if he is a psychiatric patient who is cared for in a mental hospital as intended in the LandsRegulation nursing psychiatric patients (P.B. 2010, no. 31), is hereby attached to the provisions of Article 32 of that State Regulation.
2 The benefit holder residing at the time of transition outside of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba shall obtain from that time, in accordance with the relevant regulations of the acquiring country:
(a) as regards the right to benefit from the right to benefits as referred to in Article 4 (1) of Article 1 (c) (1) (1) -a similar claim to the country within whose territory the person concerned has acquired the right to benefit, depending on the law built up within the territory of that country;
(b) as regards the benefit to be entitled to a benefit as referred to in the Article 1 (1) (c) (2) -a similar claim to the country in which the deceased to whom the death is derived from the right to benefit was last resident;
(c) as regards the right to benefit as referred to in Article 4 (1) of the EC Treaty Article 1, first paragraph, point (c) (3) and (4) -a similar claim to the country within whose territory the entitlement to this benefit has been established;
d. As regards the right to benefit as referred to in Article 4 (1) of the EC Treaty. Article 1, first paragraph, point (c) (6) , a similar claim to the country within whose territory the person concerned was last resident, with the exception that such claim shall lapse on an uninterrupted stay outside that territory for a period of more than one year.
3 If the benefit entitlement referred to in paragraph 2 (a) has acquired the right to benefits in whole or in part outside Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, but not on Aruba before 1 January 1986, the that accrued right was granted similar claim to the country within whose territory the person concerned was last resident immediately prior to the period of construction outside Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba.
4 If the benefit referred to in paragraph 2 (a) has accrued, in whole or in part, the right to benefit from Aruba before 1 January 1986, the right to benefit from the right to Aruba shall be comparable to that of the Kingdom of Aruba. land Curaçao.
5 On entitlement to benefit, the legislation of the acquiring country shall apply.
1 The in Article 2 Allocation shall be made in accordance with applied to insured persons without any benefit at the time of transition, subject to insured persons on the basis of the benefits of the Article 1 (c) (1) (1) , the said scheme.
2 By way of derogation from paragraph 1, the allocation of entitlements accrued at the time of transition shall be made on the basis of the rights of the Article 1 (c) (1) (1) Where an interested party has not yet reached the age specified in Article 6 of the said scheme, in proportion to the country within whose territory the person concerned is entitled to benefit from that country of benefit from that State, arrangement has been built up.
3 For the purposes of application of paragraph 2, in so far as the construction of claims has taken place outside of Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, but not on Aruba before 1 January 1986, the relevant claims shall be allocated to the country within whose territory the person concerned was last resident immediately prior to the period of construction outside Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba. To the extent that the construction of claims has taken place on Aruba before 1 January 1986, the relevant claims are given to the land of Curaçao.
By way of derogation from Article 2, first paragraph, second paragraph, point (a), third and fourth subparagraphs , and Article 3, second and third paragraphs , the right to benefits under the transitional provisions as immediately prior to the time of transition is referred to in Articles 40 to 43 of the Arrangement. Article 1 (c) (1) (1) , and provisions resting thereon, to be realised in respect of the country within whose territory the person concerned resides.
1 Judgments of the Social Insurance Bank of the Netherlands Antilles in connection with the application of a scheme as referred to in Article 4 (1) of the EC Treaty Article 1 (c) (c) , at the time of transition, retain their legal force and be treated in the same way as decisions on the basis of the relevant comparable arrangement of the acquiring country.
2 In so far as the transfer of decisions by the Netherlands Antilles Social Insurance Bank has not already been settled by virtue of paragraph 1, this transfer shall be effected by a corresponding application of Article 4 of the Civil Rights and Obligation of the Netherlands Antilles .
Notifications and notifications to the Social Insurance Bank of the Netherlands Antilles done before the time of transition for satisfaction of under a scheme as referred to in Article 4 (2). Article 1 (c) (c) , in force in force, the transferee shall be deemed to have been submitted to the acquiring country to the acquiring countries.
1 Applications for benefit from the Social Insurance Bank of the Netherlands Antilles prior to the time of transition, if the application has not yet taken a decision, in the position in which they are located, on the application (i) the countries which are acquiring themselves.
2 Applications submitted from the time of transition to a country for a benefit relating to, or relating to, a period of time situated before the time of transition shall be transferred to the transferee in the state in which they are situated. country. The applicant concerned shall be treated as a benefit beneficiary for the purposes of this scheme. The referral of an application to another country shall take place only after consultation with the other country concerned has taken place.
1 At the time of transition from the Social Insurance Bank of the Netherlands Antilles cases of objection in connection with the application of an in- Article 1 (c) (c) , mentioned scheme, shall be transferred to the acquiring country in the state in which they are situated.
2 If at the time of transition the Netherlands Antilles ' Social Insurance Bank is a party to proceedings concerning the application of a scheme as referred to in paragraph 1, the acquiring country enters the place of the Social Security Council. Insurance bank of the Netherlands Antilles, with the acquisition of the procuration of a representative of an agent.
3 If, on the basis of the application of the first or second paragraphs, two or more acquiring countries are designated, that country which has the greatest interest in the matter in question shall be designated as the sole acquiring country. A decision of the acquiring country shall be taken only after consultation with the other country concerned has taken place.
Claims and obligations at the time of transition with respect to the application of the Article 1 (c) (c) These arrangements are to be taken up either by Curaçao or Sint Maarten or the Netherlands, depending on whether or not from the Netherlands, according to the Articles 2 and 3 due to the resulting allocation.
1 The property of the cases belonging to the Netherlands Antilles ' Social Insurance Bank shall, at the time of transition, enter the property, without any further deed being applied for it, on:
a. as regards the immovable property of the Social Insurance Bank of the Netherlands Antilles located in the Stadsdistrict of Curaçao, cadaradius known as Stadsdistrict, Section B, No. 2858 and No. 3173, as well as that situated at Kralendijk on Bonaire Cadastral registered under number 4-D-1744, to the country in which the case is situated;
b. As regards the movable business, to the country where the case is at the time of transition;
(c) as regards the limited rights to which matters are subject, to the country where the restricted right may be exercised.
2 Together with the ownership of a case or restricted duty to which a case is subject, on the acquiring country all relating to that matter or that limited right to the Social Insurance Bank of the Netherlands Antilles shall be entitled to the right of a court. and obligations on.
3 As regards the immovable property referred to in this Article which has been published in public registers, the depositaries of those registers shall be subject to change in the conditions laid down in those registers. The necessary declarations shall be made by the care of the country to whom the immovable property is transferred to the depositaries of the registers concerned.
4 The transfer of ownership of immovable property referred to in this Article shall not be subject to a transfer tax.
1 With regard to the other rights and obligations under civil law of the Netherlands Antilles Social Insurance Bank, for the determination of the acquiring country, the Articles 4 and -Law on civil rights and obligations Netherlands Antilles applicable mutatis mutandis. No further provisions shall be applied in the case of such succession.
The provisions of paragraph 1 shall apply mutatis mutandis to the other rights and obligations under civil law of the Cessantia Fund, as laid down in the Cessantia Member State Regulation (P.B. 1983, no. 85) and that of the Fund sickness expense public pensioners, as regulated by the scheme to grant sickness benefits to public pensioners (P.B. 1975, no. 249).
Article 7 of the State-law succession of civil rights and obligations Netherlands Antilles shall apply mutatis mutandis to rights and obligations as referred to in the Articles 10 and 11 .
If the implementation of the LandsREGULATION (s) General Insurance Special Sickness Benefits (P.B. 1996, no. 211) at the Article 14 The Agency shall be based on the date set out in the Office for Health Services. Articles 5 to 12 of this Decision shall apply mutatis mutandis to such implementation by the Office of the Office for Health Insurance.
This Decision shall enter into force on the date of its adoption Article I, third paragraph, of the Law amending the Law of the Netherlands to the abolition of the Netherlands Antilles enters into force.
This decision is referred to as: The Netherlands Antilles, the Netherlands Antilles, and the Netherlands Antilles.
Charges and orders that this Decision will be placed with the corresponding note of notes in the Official Journal and in the Official Journal of the Netherlands Antilles.
' s-Gravenhage, 21 September 2010
Beatrix
The Minister for Social Affairs and Employment,
J. P. H. Donner
The Minister for Health, Welfare and Sport,
A. Link
The Secretary of State for the Interior and Kingdom Relations,
A. Th. B. Assistance field-Schouten
Issued the first October 2010The Minister of Justice,
E. M. H. Hirsch Ballin
