Art. 9 Legal Status (Local Employees) Regulations 2020 — Old age pensions, surviving dependants’ benefits and invalidity benefits

1. The following definitions apply for the purposes of this chapter: supplement: the amount consisting of the difference between: the supplementation ceiling and the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds; 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; 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; 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; 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: convert a one-off payment into a periodic payment; 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. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employee, ex-employee or surviving dependant is obliged to provide the employer in good time with all the information that is necessary for the proper implementation of the provisions of this chapter. An employee, ex-employee or surviving dependant who does not do so forfeits all rights under this chapter and is liable for any damage sustained by the employer. 2. An ex-employee or surviving dependant is obliged to provide the employer with written proof of life in January of each year. If and for as long as the person referred to in the first sentence does not submit such proof, the employer may suspend payment of the supplement until such proof has been received. 3. Where an old age pension, surviving dependant’s benefit, invalidity benefit or supplement has not been fixed or has not been fixed correctly because the employee, ex-employee or surviving family member entitled to it has not fulfilled the relevant obligations or has not done so correctly or in good time, the employer is not liable. 4. If an employee, ex-employee or surviving dependant does not receive social security benefits due to that person’s failure to comply with a provision which under the applicable social security system was a requirement for receiving an old age pension, or a payment upon death, sickness or invalidity, then that person will not be entitled to a supplement under the provisions of this chapter. 5. If social security benefits are reduced or are granted later due to contravention of a provision as referred to in paragraph 4, the amount of benefits not granted will be deducted from the supplementation ceiling. 6. Paragraphs 4 and 5 do not apply if the employee, ex-employee or surviving dependant cannot reasonably be faulted for the contravention of the provision. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Where local regulations or local usage so require, the employer must locally take out insurance or make comparable provision to ensure the accrual of an old age pension and provide cover in the event of death. In that case the employer must deduct part or all of the premium from the employee’s salary in accordance with local regulations or local usage. The nature of the insurance or provision and the percentage of the premium withheld from the employee’s salary are specified in the mission version. 2. The employer takes out insurance locally for the employee that provides cover in the event of invalidity, if local regulations or local usage so require. In such a case the second and third sentences of paragraph 1 apply mutatis mutandis. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 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: before 1 January 2005: multiple employment contracts that succeeded one another at intervals of no more than 31 days; 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: for the period of the employment contract before 1 January 2005: 1.75% of the qualifying salary multiplied by the qualifying period for supplementation; 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: unless the employee has paid for such provisions solely on a voluntary basis without any contribution from the employer; 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. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. On the death of an employee or of an ex-employee who was receiving a supplement to invalidity benefits as referred to in article 9.8 or a supplement to old age pension as referred to in article 9.4, if no insurance providing cover in the event of death as referred to in article 9.3, paragraph 1 has been taken out, any surviving partner or any child who was the employee’s or ex-employee’s dependant at the time of the employee’s or ex-employee’s death will be entitled to a supplement to surviving dependants’ benefits. This entitlement lapses if the partner or dependent child is culpable for the death of the employee or ex-employee. 2. The total supplementation ceiling for entitlements under article 9.7, or 9.6 and 9.7 jointly, must not exceed the supplementation ceiling referred to in article 9.4, paragraph 2, which applied to the employee or would have applied to the employee on the pension date if the employment contract had continued without change. If necessary, the entitlements under article 9.7 will be reduced proportionately. 3. Only a partner who has been married to, in a registered partnership with or cohabiting, as referred to in article 1.1 (g), with an employee for at least one year on the last day of the employee’s employment contract is entitled to a supplement under this part. 4. If the employee or ex-employee’s marriage, registered partnership or cohabitation agreement, as referred to in paragraph 3, ends other than as a result of the death of the employee or ex-employee, the partner will cease to have any entitlement under this part. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The supplement to surviving dependants’ benefits for the partner referred to in article 9.5, paragraph 1 equals 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: surviving dependants’ benefits to which entitlement exists under the applicable social security system; 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: 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; on the first day of the month following the month in which the surviving dependant dies; 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). De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Without prejudice to article 9.5, paragraph 2, the supplementation ceiling that applies to the supplement to surviving dependants’ benefits for dependent children, as referred to in article 9.5, paragraph 1, equals 14% of the supplementation ceiling referred to in article 9.4, paragraph 2. If there is no partner on the date of the employee’s or ex-employee’s death, the percentage referred to in the previous sentence is 28%. 2. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2° are deemed to include at least: orphans’ benefits to which entitlement exists under the applicable social security system; other orphans’ benefits to which the employer has contributed in any way. 3. The supplement referred to in paragraph 1 is granted to a child as referred to in that paragraph with effect from the first day of the month following the month in which the employee or ex-employee dies. The provision of the supplement ends: on the first day of the month following the month in which the child reaches the age of eighteen years; on the first day of the month following the month in which the child dies. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If an employee’s employment contract is terminated due to sickness and the employee is not covered at that time by invalidity insurance as referred to in article 9.3, paragraph 2 and, subsequent to the termination of employment, is unfit to perform any other suitable employment, the employee is entitled to supplementation of invalidity benefits. 2. The supplementation ceiling for the supplement referred to in paragraph 1 equals the qualifying salary, multiplied by the percentage of the salary received by the employee under article 5.11, paragraph 2 immediately before the termination of employment, but at most by: 70% if the termination of employment referred to in paragraph 1 took place before 1 January 2005; 60% if the termination of employment referred to in paragraph 1 took place on or after 1 January 2005. 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: all provisions to which the employee is entitled by virtue of the termination of the employment contract, including in any event those under the applicable social security system; other invalidity benefits to which the employer has contributed in any way; and any income from or in connection with employment or a business to which the employee is entitled. 4. The supplement referred to in paragraph 1 is granted to the ex-employee with effect from the day after the termination of employment as referred to in paragraph 1. The provision of the supplement ends on the date on which: the ex-employee is deemed capable of performing other suitable employment; the ex-employee’s employment contract would otherwise have ended due to the employee reaching retirement age; the ex-employee dies; or the supplement has been paid for a period equal to the period of employment, subject to a minimum period of five years. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis. 5. Paragraph 4 (d) does not apply if the invalidity is, in the opinion of the employer, largely due to the nature of the duties which the employee was instructed to perform or to the special circumstances in which they had to be performed and is not attributable to the employee’s fault or actions. 6. For the purposes of this article, employment is suitable if: in the opinion of the employer, given the ex-employee’s health and other circumstances, the latter can reasonably be expected to try to obtain that position of employment and, if given the opportunity, accept it; and the salary associated with that employment is equal to or greater than the supplement referred to in paragraph 1. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An ex-employee who receives a supplement to invalidity benefits is medically examined by the occupational health service once every two years to determine whether that ex-employee is still unfit to work. The employer may decide to have the ex-employee medically examined, as referred to in the previous sentence, more or less often than once every two years. 2. The employer may instruct an ex-employee receiving a supplement to invalidity benefits to submit to a medical examination if at that moment, in the employer’s opinion, there are good grounds for doubting that the ex-employee is still unfit to work. 3. During any period in which the ex-employee does not cooperate with regard to the medical examination referred to in paragraphs 1 and 2, no entitlement to a supplement exists, unless the ex-employee cannot reasonably be faulted for failing to cooperate. 4. The costs of the medical examination referred to in paragraphs 1 and 2 are borne by the employer. The travel expenses incurred by the ex-employee in connection with this article are reimbursed in accordance with chapter 4, part 5, on the understanding that, if the ex-employee has moved since the first day of the condition leading to the termination of employment to a different place than where the mission is located, the amount paid out will not be any higher than it would have been if the ex-employee had not moved. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Articles 4.8 to 4.11 and 4.28 apply mutatis mutandis to fixing and paying supplements. 3W may, in individual cases, deviate from article 4.28, paragraph 5. 2. A supplement to be paid periodically, as referred to in article 9.4, paragraph 1, article 9.6, paragraph 1, article 9.7, paragraph 1, and article 9.8, paragraph 1 is set by the employer as a fixed amount which will remain unchanged for a period not exceeding 12 months. Early adjustment of that amount is possible if the employer believes that this is necessary due to special circumstances. 3. The supplement is paid monthly by the employer to the person entitled. If special circumstances necessitate this, the employer may modify the intervals at which the supplement is paid, where necessary in accordance with article 9.1, paragraph 2. 4. Notwithstanding paragraph 3, the employer may fix and pay a supplement as a one-off payment upon or after the termination of the employment contract at the written request of an employee or an ex-employee who may or may not already be receiving a supplement referred to in chapter 9. The employee’s or ex-employee’s request for commutation must be honoured unless the employer is of the opinion that this is contrary to compelling interests of the service. 5. The amount of the one-off payment is calculated using the formulas established by HDPO for this purpose, which in any event take account of the following: the supplementation ceiling applicable to the person concerned; the provisions referred to in this chapter to which the person concerned is entitled on other grounds and which are deducted from the supplementation ceiling; the age of the person concerned; the civil status of the person concerned; the pension date referred to in the mission version; a table showing the average life expectancy for the relevant country or region. 6. Paragraph 4 may be applied mutatis mutandis by the employer to an employee or ex-employee who is not yet receiving a supplement and whose employment contract or successive employment contracts has/have lasted for 15 years or less, if the mission where the person concerned is or was most recently employed has been closed or is scheduled to close within six months and no employees are or will be employed in that country after the closure. 7. Notwithstanding article 9.1, paragraph 1 (e), the qualifying salary for an employee or ex-employee to whom neither paragraph 4 nor paragraph 6 applies is determined as follows. From 1 January of the year following that in which pay scales were last fixed for the closed mission, the salary amount referred to in article 9.1, paragraph 1 (e) is to be adjusted by the employer in each case by reference to the rate of inflation in the country where the mission was located, subject to a maximum of 15%. If the inflation rate exceeds 15% HDPO may decide to fix the adjustment level at more than 15%. The inflation rate is based on data from the Economist Intelligence Unit (EIU). 8. If special costs are incurred as a result of the payment of a supplement, these may be deducted from the supplement. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte.

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