Ministerial Council extends transitional measure for 'SWT' to 31 December 2014

The federal government shall tighten the rules to enjoy certain systems of 'SWT' (system of unemployment with the granting of employer-paid compensation – the former bridging pension scheme) as from 1 January 2015. A transitional measure has been included in the agreement for workers who are given notice on 31 October at the very latest. However, the Ministerial Council has decided to extend the transitional period to 31 December 2014.

What will change on 1 January 2015 in relation to the 'SWT' under the federal coalition agreement?

The age to enjoy the 'SWT' has been increased for the following systems:

• the 'SWT' under collective bargaining agreement ('cba') no. 17 and new general 'cba's': the age is increased from 60 years to 62 years;
• the 'SWT' at 56 years for arduous occupations (with 33 years occupational history) and the 'SWT' at 56 years with a long career (40 years occupational history): the age is increased to 58 years.

Transitional measure

According to the coalition agreement, workers who still want to enjoy the current (more favourable) conditions should be given notice on 31 October 2014 at the very latest.

However, the Minister for Employment Peeters considered the transitional measure to be unfeasible and decided to submit an extension of the transitional measure up to 31 December 2014 to the Ministerial Council. According to various press releases, this proposal was accepted by the Ministerial Council. This amendment will prevent the employer from massively and hastily dismissing workers to enable them to enjoy more favourable conditions for the 'SWT'.

Step-up system

The so-called 'step-up system' could also continue to be applied. This means that a worker who at a given time meets the age and career conditions, can freeze his entitlement to the 'SWT' and exercise it at a later stage.

If employers want bespoke advice on practical situations, they can contact Legal Advice at all times by email (legal@partena.be) or by telephone (02 549 30 20).  Clients will be informed of the above-mentioned amendment of the transitional measure via an Infoflash.

Sources : various press relaeses

FR/NL

Author: Peggy Criel

20/08/2015