Chapter 7 – Social security

Table of Contents

Article 7.1 Pension

With respect to the pension provisions of the employee who is regarded as a public servant under the ABP Privatisation Act, the provisions in the Pension Scheme of the National Civil Pension Fund ABP apply.

Article 7.2 Illness and incapacity for work

  1. To employees and former employees who are partially or completely unable to perform work due to illness or incapacity for work, the ZAOI and the Pension Scheme of the National Civil Pension Fund ABP apply. See also article 10.5.
  2. The employers have a collective best-effort obligation with respect to reinstating partially incapacitated employees with the employers affiliated with WVOI.

Article 7.3 Unemployment

Part-time or full-time unemployed employees may lay a claim to a dismissal benefit in pursuance of BWOI. See also article 10.5.

Article 7.4 WGA recovery benefit

  1. A person who, once the obligation to continue paying salary on the grounds of article 4 of the ZAOI has expired, is eligible for a salary-related WGA benefit, where the maximum duration stipulated in the decision is shorter than it would be if article 59 of the Work and Income (Ability to Work) Act (WIA), applicable on 31 December 2015, was still in force, may claim a WGA recovery benefit. The WGA recovery benefit takes effect as soon as the salary-related WGA benefit terminates due to the expiry of its maximum duration.
  2. The duration of the WGA recovery benefit is equivalent to the difference between the maximum duration of the salary-related WGA benefit of the person concerned on the grounds of article 59 of the WIA, as applicable on 31 December 2015, and the actual maximum duration of the salary-related WGA benefit on the grounds of the decision, yet no longer than a maximum of 14 months.
  3. The level of the WGA recovery benefit is equivalent to the level that the salary-related WGA benefit would have had if the duration of that benefit had not expired. The follow-up benefit received by the person concerned on the grounds of the WGA, plus any income, will be deducted from the WGA recovery benefit.
  4. Any claim to recovery benefit as referred to in this article will be determined when the salary-related WGA benefit is awarded.
  5. The person concerned may claim the WGA recovery benefit as long as the conditions are met that makes this person eligible for a WGA benefit. The provisions of the WGA and the related provisions shall apply mutatis mutandis to the WGA recovery benefit as far as possible.
  6. A WGA recovery benefit may not be claimed if and insofar as the person concerned is insured for loss of income for which the WGA recovery benefit is intended.
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