Benefits for an 'end of career' time credit before the age of 60 (provisionally?) ended!

Author: Catherine Legardien (Legal Expert)

From 1 January 2021 onwards, it will no longer be possible for certain categories of employees between 55 and 59 years of age to receive interruption benefits from the ONEm/RVA under an 'end of career' time credit.

Collective bargaining agreement (CBA) no. 137, which provided for a derogation for these employees, will no longer be in force after 31 December 2020. A word of explanation.

Principle: entitlement to a benefit from the age of 60

Since 1 January 2015, the entitlement to benefits under an 'end of career' time credit has only been granted to employees who are at least 60 years old (instead of 55 years) on the date that the reduction of their working hours begins.

Deviating age condition until 31 December 2020

By way of derogation from this general rule, the age condition was set at 55 years but exclusively for employees with a long career, exercising a strenuous profession or working in a company recognised as being in difficulty or undergoing restructuring.

However, the intention was to gradually increase the age limit as from 1 January 2016, unless a framework CBA (made compulsory by Royal Decree) had been concluded in order to maintain the age condition at 55 years.

Such framework CBAs have been concluded, the last of which (CBA no. 137) expires on 31 December 2020.

From 1 January 2021

From 1 January 2021, it is therefore in principle no longer possible for these 3 categories of employees to receive interruption benefits from the ONEm/RVA from the age of 55 under a time credit 'end of career'.

This means that employees aged 55 to 59 inclusive (belonging to one of the three categories) who start an 'end of career' time credit from 1 January 2021 onwards, can no longer invoke deviating rules in order to receive interruption benefits from the ONEm/RVA.

As long as the social partners do not conclude a new inter-professional CBA, the 'end of career' time credit for these employees will be granted without an interruption benefit from the ONEm/RVA.

Source: ONEm/RVA.

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