Proposition 50K2101

Projet de loi réglant le transfert de droits à la pension entre des régimes belges de pensions et ceux d'institutions de droit international public.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

Oct. 28, 2002

Official page

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Status

Adopted

Requirement

Simple

Subjects

European official civil servant EU institution international organisation pension scheme survivor's benefit

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

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Discussion ¶

Dec. 13, 2002 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker. Before starting this report, I would like to warmly thank the services of our assembly.

Take your breath again, Mr. Baille!

I thank you, Mr President. I ran a little when I heard that it was my turn.

As I said, I would like first to thank all the services of our assembly and congratulate all the shadow workers.

This proposal was discussed on November 20. by Mr. The Minister of Pension has submitted an introductory report. No commissioner wanted to comment, but for the understanding of the project, I will soon give some explanations to allow everyone to vote on it in full knowledge of the cause.

If this project does not have a highly political character, it can be considered to be relatively technical. Previously, it was the law of 21 May 1991 that allowed a subrogation to the benefit of the European Commission, meaning a monthly payment of the Belgian pension to the benefit of the Commission, the agreement concluded with the European institutions being either an actuarial equivalent or a repurchase package as specified in Article 11, paragraph 2 of Annex 12 of the Statute of Officials of Europe.

What do these two barbaric terms mean? The actuarial equivalent has the function of capitalizing the value of a periodic, future and eventual benefit, and therefore results from a capital calculation corresponding to the pension to which the person concerned will be entitled at national level, applying a discount interest due to the anticipation of payments in relation to the due date, as well as a reduction coefficient proportionate to the risk of death of the beneficiary before the due date, and determined according to the age of the insured and mortality rates.

Both elements are calculated on the basis of the time required between the moment of liquidation of the actuarial equivalent and the moment of granting the pension.

The repurchase package can be characterized in the insurance schemes of contributive nature by the addition of contributions paid by the insured and possibly those paid by his employer, contributions to which interest may be added.

These are both technical terms.

The implementation of this statutory right was organized by the law of 21 May 1991 which established a system of subrogation in the rights of the interested party, for the benefit of the European Commission. This system of subrogation does not allow the transfer, at the time of the application, of a capital representing the current equivalent but provides for the liquidation of the Belgian pension of the interested party.

Belgium has made the choice of the repurchase package, from 1 January 2002. The National Office of Pensions will play the role of the centralizing administration in relation to the Communities.

In the new system, the official who leaves the Communities to carry out a professional activity in Belgium will now be able to apply for the transfer, to the Belgian pension scheme, of the pension rights he had constituted in the pension scheme of the Communities.

This project is aimed at community institutions, community-oriented bodies. The draft contains a delegation of power allowing the King to extend it by deliberate decree in Council of Ministers to certain institutions of public international law that are not Community.

After the Minister’s explanation, no Commissioner issued any comments or comments. The bill contains 29 articles. Articles 1 to 12, 15 to 19 and 21 to 29 were adopted unanimously. In contrast, Articles 13, 14 and 20 were adopted by 9 votes for and 3 abstentions. The whole proposal was unanimously voted.

Mr. Speaker, Ladies and Gentlemen, I thank you for your attention. I hope I have been complete.