BWBR0045662
Geldig vanaf 2021-10-01
Artikel 9.6
Legal Status (Local Employees) Regulations 2020
1. The supplement to surviving dependants’ benefits for the partner referred to in article 9.5, paragraph 1equals 70% of the supplementation ceiling referred to in article 9.4, paragraph 2, on the understanding that in such a case the calculation is based on the qualifying period for supplementation which would have applied for the employee or ex-employee on the pension date if the employment contract had continued until that date.
2. If the partner was more than 10 years younger than the employee or ex-employee, the supplement for the surviving partner is reduced by 2.5% for each entire year that the age difference exceeded 10 years. This reduction does not apply if, on the date of death of the employee or ex-employee, the surviving partner had been the partner of the employee or ex-employee for at least five years.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2°are deemed to include at least:
a. surviving dependants’ benefits to which entitlement exists under the applicable social security system;
b. other surviving dependants’ benefits to which the employer has contributed in any way.
4. The supplement referred to in paragraph 1 is granted to the surviving dependant with effect from the first day of the month following the month in which the employee or ex-employee died. The provision of the supplement ends:
a. on the first day of the month following the month in which the period during which the supplement was paid is equal to the period of employment, but no sooner than five years after the death of the employee or ex-employee. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis;
b. on the first day of the month following the month in which the surviving dependant dies;
c. on the first day of the month following the month in which the surviving dependant enters into a new marriage, registered partnership or cohabitation agreement with a partner as referred to in article 1.1 (g).
2. If the partner was more than 10 years younger than the employee or ex-employee, the supplement for the surviving partner is reduced by 2.5% for each entire year that the age difference exceeded 10 years. This reduction does not apply if, on the date of death of the employee or ex-employee, the surviving partner had been the partner of the employee or ex-employee for at least five years.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2°are deemed to include at least:
a. surviving dependants’ benefits to which entitlement exists under the applicable social security system;
b. other surviving dependants’ benefits to which the employer has contributed in any way.
4. The supplement referred to in paragraph 1 is granted to the surviving dependant with effect from the first day of the month following the month in which the employee or ex-employee died. The provision of the supplement ends:
a. on the first day of the month following the month in which the period during which the supplement was paid is equal to the period of employment, but no sooner than five years after the death of the employee or ex-employee. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis;
b. on the first day of the month following the month in which the surviving dependant dies;
c. on the first day of the month following the month in which the surviving dependant enters into a new marriage, registered partnership or cohabitation agreement with a partner as referred to in article 1.1 (g).