BWBR0045662
Geldig vanaf 2021-10-01
Artikel 9.1
Legal Status (Local Employees) Regulations 2020
1. The following definitions apply for the purposes of this chapter:
a. supplement: the amount consisting of the difference between: 1°. the supplementation ceiling and
2°. the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds;
1°. the supplementation ceiling and
2°. the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds;
b. supplementation ceiling: the maximum supplement which may be granted pursuant to article 9.4, paragraph 2, article 9.6, paragraph 1, article 9.7, paragraph 1 and article 9.8, paragraph 2;
c. qualifying period for supplementation: the period during which an employee was entitled to receive salary from the employer, including the period during which the employee was entitled to an invalidity benefit supplement as referred to in article 9.8, with the exception of the period during which an insurance policy as referred to in article 9.3 was in effect. Part of a month will be rounded up to a full month. A proportionate part of the period during which the employee was entitled to salary on the basis of a contract for part-time employment will be counted. The period during which the employee was entitled to salary on the basis of an employment contract that started more than a month after the employee’s pension date will not be counted. The qualifying period for supplementation is 40 years at most, unless the mission version provides for an age of retirement of 66 or 67 years, in which case the qualifying period for supplementation is at most 41 or 42 years respectively;
d. pension date: the first day following the day on which the employee or ex-employee reaches the age of retirement referred to in article 8.5;
e. qualifying salary: the salary amount, calculated over a period of one year, belonging to the pay scale and the pay number which last applied to the employee, for which purpose the salary amount is taken to be that which applies to the pay scale and the pay number at the moment of payment, on the understanding that if the salary amount referred to above is less than the salary amount previously applicable, the latter is treated as the qualifying salary until the salary amount at the moment of payment is equal to or higher than the salary amount previously applicable. This amount is increased by the allowances referred to in chapter 4, part 2 (as at the moment of payment), calculated over a period of one year, in so far as such allowances were granted for an open-ended period or for a period of at least five consecutive years immediately preceding the termination of the employment contract. If on the date of payment of the supplement major changes have been made to the system of pay scales and pay numbers that most recently applied to the employee, 3W must reasonably and fairly reposition the employee’s most recent salary amount within the structure in use at that moment for the purposes of calculating the qualifying salary.
2. To determine the amount referred to in paragraph 1 (a) 2° of the provisions referred to in this chapter to which entitlement exists on other grounds, use will be made of the formulas adopted by the Secretary-General of the Ministry of Foreign Affairs if it is necessary to:
a. convert a one-off payment into a periodic payment;
b. convert a periodic payment into a periodic payment made at different intervals or into a one-off payment.
Where necessary, this calculation must take into account the average life expectancy in the relevant country or region according to the table in the most recent available version of the United Nations’ Demographic Yearbook. The calculation must also take account of the statutory interest rate for non-commercial transactions published by De Nederlandsche Bank N.V.
a. supplement: the amount consisting of the difference between: 1°. the supplementation ceiling and
2°. the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds;
1°. the supplementation ceiling and
2°. the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds;
b. supplementation ceiling: the maximum supplement which may be granted pursuant to article 9.4, paragraph 2, article 9.6, paragraph 1, article 9.7, paragraph 1 and article 9.8, paragraph 2;
c. qualifying period for supplementation: the period during which an employee was entitled to receive salary from the employer, including the period during which the employee was entitled to an invalidity benefit supplement as referred to in article 9.8, with the exception of the period during which an insurance policy as referred to in article 9.3 was in effect. Part of a month will be rounded up to a full month. A proportionate part of the period during which the employee was entitled to salary on the basis of a contract for part-time employment will be counted. The period during which the employee was entitled to salary on the basis of an employment contract that started more than a month after the employee’s pension date will not be counted. The qualifying period for supplementation is 40 years at most, unless the mission version provides for an age of retirement of 66 or 67 years, in which case the qualifying period for supplementation is at most 41 or 42 years respectively;
d. pension date: the first day following the day on which the employee or ex-employee reaches the age of retirement referred to in article 8.5;
e. qualifying salary: the salary amount, calculated over a period of one year, belonging to the pay scale and the pay number which last applied to the employee, for which purpose the salary amount is taken to be that which applies to the pay scale and the pay number at the moment of payment, on the understanding that if the salary amount referred to above is less than the salary amount previously applicable, the latter is treated as the qualifying salary until the salary amount at the moment of payment is equal to or higher than the salary amount previously applicable. This amount is increased by the allowances referred to in chapter 4, part 2 (as at the moment of payment), calculated over a period of one year, in so far as such allowances were granted for an open-ended period or for a period of at least five consecutive years immediately preceding the termination of the employment contract. If on the date of payment of the supplement major changes have been made to the system of pay scales and pay numbers that most recently applied to the employee, 3W must reasonably and fairly reposition the employee’s most recent salary amount within the structure in use at that moment for the purposes of calculating the qualifying salary.
2. To determine the amount referred to in paragraph 1 (a) 2° of the provisions referred to in this chapter to which entitlement exists on other grounds, use will be made of the formulas adopted by the Secretary-General of the Ministry of Foreign Affairs if it is necessary to:
a. convert a one-off payment into a periodic payment;
b. convert a periodic payment into a periodic payment made at different intervals or into a one-off payment.
Where necessary, this calculation must take into account the average life expectancy in the relevant country or region according to the table in the most recent available version of the United Nations’ Demographic Yearbook. The calculation must also take account of the statutory interest rate for non-commercial transactions published by De Nederlandsche Bank N.V.