Chapter VII: Old-age

Applicable statutory basis

Basic principles

Field of application

Exemptions from compulsory insurance for insignificant employment

Conditions

Benefits

Adjustment

Partial pension

Accumulation with earnings

Taxation

Social security contributions from pension

 

 

 

TopApplicable statutory basis

Royal Order No. 50 of 24 October 1967 and the Royal Order of 21 December 1967, with important modifications made by the Royal Order of 23 December 1996.

 

TopBasic principles

A system of current income financing ("pay as you go") based primarily on contributions.

 

TopField of application

Compulsory insurance for all wage and salary earners.

 

TopExemptions from compulsory insurance for insignificant employment

None.

 

TopConditions

1. Minimum period of membership

None.

2. Conditions for drawing full pension

Career duration equivalent to 41 years (for women) and 45 years (for men).

3. Legal retirement age

Standard pension

Women: 61 years (the age is raised progressively to 65 during a transitory period running from 1997 to 2009);

Men: 65 years.

Early pension

Age 60 for women and men; on the condition that 20 years of professional activity can be proved.

Deferred pension

None.

 

TopBenefits

1. Determining factors

The amount of earnings taken into account, the duration of insurance, family status and sex (until 2009).

2. Calculation method or pension formula

For each year taken into consideration, a pension share is granted according to the following formulas:

Single or married without dependent spouse:

Married with dependent spouse:

S = reference salary (see category below).

3. Reference earnings or calculation basis

Calculation of salary considered:

Years prior to 1st January 1955:

Years 1955 - 1980:

Years after 1980: gross earnings limited to BFR 1,383,993 (ECU 33,948).

4. Non-contributory periods credited or taken into consideration

On the condition that certain legal conditions will be met, the following periods of non-activity are generally taken into account: involuntary unemployment, contractual early retirement, certain periods of career interruption, incapacity for work, maternity rest, annual holiday periods, military service, recognised strikes, preventive detention, recognised studies, etc.

5. Supplement for dependants:

Spouse

In the event of the presence of a dependent spouse, the household rate (75%) shall be applied (see above, "Calculation method or pension formula").

Children

No supplements.

(however see Table X "Family benefits. Special cases. 2. Pensioners": special benefits for pensioners.)

6. Special supplements

None.

7. Minimum pension

Guaranteed minimum pension for a complete career, as well as for the equivalent of 2/3 of a complete career (following stated amounts prorata):

8. Maximum pension

This maximum amount does exist in theory when taking the annual earnings ceiling into account for the calculation basis:

9. Early pension

Entitlement to retirement pension from aged 60, provided that a minimum career of 20 years can be proved. Calculation according to calculation methode for normal pension, see category above, "Calculation method of pension formula").

10. Deferment

None.

 

TopAdjustment

An automatic pension adjustment of 2% occurs if the average consumer price index varies by 2% in relation to the former pivot index.

Adaptation of the pension amount to changes in the general well-being by establishing an annual flat-rate increase or adaptation coefficient in the form of an allowance.

 

TopPartial pension

A law of 26 July 1996 for modernising the statutory pension schemes lay down the legal groundwork for establishing a part-time pension. Enforceable provisions have not yet been effected.

 

TopAccumulation with earnings

Once the pension has taken effect in 1998, the accumulation is authorised as long as earnings from a professional activity do not exceed BFR 287,760 (ECU 7,059) per year (gross income of salaried workers) or BFR 230,207 (ECU 5,647) per year (net income of self-employed). These amounts will be raised to BFR 431,640 (ECU 10,588) and BFR 345,311 (ECU 8,470) respectively if the pensioner has a dependant.

If the income from a professional activity surpasses the previously mentioned amounts by less than 15%, then the pension is reduced by a percentage of the pension amount that is equivalent to the percentage which is exceeded. With earnings in excess of 15%, the pension is not paid.

 

TopTaxation

1. Taxation of pension benefits

Benefits are fully liable to taxation.

2. Limit of income for tax relief or tax reduction

No tax relief for incomes below a certain threshold. However, there is the possibility of a tax reduction.

The basic amount of the tax reduction corresponds to the tax that would be paid by a beneficiary who is neither in receipt of any taxable income nor has any dependants. Marital status is taken into account. The basic amount is determined according to total net income and the family status (single person, couple with or without children).

If these net income values are not exceeded, then tax reduction for social security benefits is not limited and social security benefits are consequently not subject to taxation.

 

TopSocial security contributions from pension

1. A 0-2% contribution of solidarity for the sum of statutory and non-statutory pensions.

2. A 3.55% pension reduction on the condition that this does not have the effect of reducing the monthly pension amount to below BFR 45,939 (ECU 1,127) or - without any dependants - to BFR 38,762 (ECU 951).