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Interim measures regarding the statutory early retirement regime
A Royal Decree of 26 April 2012, published in the Belgian Official Journal of 30 April 2012, contains the previously announced transitional measures regarding the new stricter conditions with respect to legal early retirement.
Until 30 December an employee can benefit from the statutory early retirement regime when she/he has reached the age of 60 and has had a career of at least 35 years. The Act of 28 December 2011 provides for a gradual change in these conditions as from 1 January 2013 (see also our Newsletter of 13 January 2012). Hereunder we will summarize the most important transitional measures.
Workers whose notice period started before 1 January 2012 and ends or should have ended after 31 December 2012 can go on early retirement if they have reached the age of 60 and have a career of at least 35 years. A copy of their notice letter has to be attached to their application for the early retirement pension.
Workers with whom you have concluded before 28 November 2011 a written agreement by which the employee agrees to resign early, which ends at the earliest at 60, can still benefit from early retirement after 1 January 2013 (with a career 35 years), if two additional and cumulative conditions are fulfilled:
- the individual agreement is concluded within the framework of a CBA, work rules or pension regulations dating from before 28 November 2011, or within the framework of statutory or prescribed regulations , and
- the employee fulfils the conditions mentioned above at the very latest on 28 November 2011.
The Royal Decree imposes these additional conditions to prevent individual agreements being antedated. With respect to CBA's and work rules the registration date and the date of notification to the Federal Public Service Employment, Labour and Social Dialogue are respectively decisive. The individual agreement and the collective regulation should be attached as evidence to the application for the pension.
The Royal Decree also contains specific regulations concerning, among others, miners and seamen.
For more information please visit www.claeysengels.be