BWBR0045662
Geldig vanaf 2021-10-01
Artikel 9.4
Legal Status (Local Employees) Regulations 2020
1. If during the period of the employment contract no insurance is in effect and no comparable provision is made to ensure the accrual of an old age pension, as referred to in article 9.3, paragraph 1 (i), the ex-employee will be entitled to supplementation of old age pension if the employment contract was in effect for at least seven years. The term ‘employment contract’ is deemed to include the following for the purposes of this article:
a. before 1 January 2005: multiple employment contracts that succeeded one another at intervals of no more than 31 days;
b. from 1 January 2005 onwards: multiple employment contracts that succeeded one another at intervals of no more than six months.
2. The supplementation ceiling for the supplement referred to in paragraph 1 is an amount equal to:
a. for the period of the employment contract before 1 January 2005: 1.75% of the qualifying salary multiplied by the qualifying period for supplementation;
b. for the period of the employment contract after 1 January 2005: 1.5% of the qualifying salary multiplied by the qualifying period for supplementation.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) (2°)are in any event deemed to be all the provisions under social insurance legislation to which the employee is entitled:
a. unless the employee has paid for such provisions solely on a voluntary basis without any contribution from the employer;
b. unless and in so far as the entitlement was accrued outside the period of the employment contract.
The provisions referred to in the first sentence are deemed to include a transition redundancy payment as referred to in article 8.3, paragraph 1, in so far as the employee received this payment on the grounds of local regulations or for another reason notwithstanding article 8.3, paragraph 1 (d) and (e) or paragraph 4.
4. The supplement referred to in paragraph 1 is granted to an ex-employee with effect from the pension date or, if a new employment contract is concluded immediately following the pension date, with effect from the date that the employment contract is terminated, but not if the ex-employee is under 60 years of age. Entitlement ends on the first day of the month following the month in which the ex-employee dies.
a. before 1 January 2005: multiple employment contracts that succeeded one another at intervals of no more than 31 days;
b. from 1 January 2005 onwards: multiple employment contracts that succeeded one another at intervals of no more than six months.
2. The supplementation ceiling for the supplement referred to in paragraph 1 is an amount equal to:
a. for the period of the employment contract before 1 January 2005: 1.75% of the qualifying salary multiplied by the qualifying period for supplementation;
b. for the period of the employment contract after 1 January 2005: 1.5% of the qualifying salary multiplied by the qualifying period for supplementation.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) (2°)are in any event deemed to be all the provisions under social insurance legislation to which the employee is entitled:
a. unless the employee has paid for such provisions solely on a voluntary basis without any contribution from the employer;
b. unless and in so far as the entitlement was accrued outside the period of the employment contract.
The provisions referred to in the first sentence are deemed to include a transition redundancy payment as referred to in article 8.3, paragraph 1, in so far as the employee received this payment on the grounds of local regulations or for another reason notwithstanding article 8.3, paragraph 1 (d) and (e) or paragraph 4.
4. The supplement referred to in paragraph 1 is granted to an ex-employee with effect from the pension date or, if a new employment contract is concluded immediately following the pension date, with effect from the date that the employment contract is terminated, but not if the ex-employee is under 60 years of age. Entitlement ends on the first day of the month following the month in which the ex-employee dies.