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A few years ago, the government decided to gradually increase the statutory retirement age. The statutory retirement age will be raised to 66 years in 2025. Since the pension starts on the first day of the month following the birthday, the increase in the statutory retirement age will only affect pensions starting from 1 February 2025.
What should you consider within your company? Here we list some important changes for you.
In 2025, the statutory retirement age will increase to 66. In 2030, it will increase again to 67. The statutory retirement age depends on your date of birth.
Note that there is a distinction between statutory and early retirement. The conditions for early retirement remain unchanged to date.
The employment contract is not automatically terminated upon reaching retirement age. The worker can perfectly continue working under their current employment contract after reaching retirement age.
However, if one or both parties do decide to terminate the employment contract, this must be done by mutual agreement, dismissal or resignation.
An employer who wishes to dismiss a worker employed under a contract for an indefinite period with a view to retirement must apply the normal notice periods, with a maximum of 26 weeks. The limitation of the notice period to 26 weeks (= 6 months) is only possible if the end date of this period coincides at the earliest with the last day of the month in which the worker reaches retirement age.
Important remarks:
In case of a termination with the payment of severance pay, the employer can use the reduced notice period of 26 weeks if the termination is served at the earliest on the 1st day of the month following the month in which the worker reaches the statutory retirement age .
Do you wish to proceed with a dismissal? Get supported.
Pensioners may still engage in a professional activity, despite receiving a pension. The resulting income must not exceed certain limits, otherwise they lose their pension entitlement. How much you are allowed to earn extra as a pensioner depends on age, career, type of pension or benefit and child dependents.
If you have reached the statutory retirement age or can demonstrate a career of 45 years, you can earn unlimited extra income. In 2025, this means you will have to take into account the retirement age of 66 to earn unlimited extra income.
Pensioners can also start working under a flexi-job contract if they meet certain conditions. One of these conditions is that, in the course of quarter T – 3 (= 3rd quarter prior to the quarter in which the flexi-job starts), the worker must have worked at least 4/5 for one or more employers other than the one where the flexi-job will be performed.
However, specific rules apply to pensioners.
Read more about employment conditions as a flexi-job worker in our ultimate guide to flexi-jobs.
The supplementary pension can only be taken from the moment you retire. This means that in principle, supplementary pension payments will also only be possible from 2025 onwards from the statutory retirement age of 66.
The increase of the retirement age also impacts end-of-career time credit. End-of-career time credit has no maximum duration, but can only be taken at the latest until retirement. This means that end-of-career time credit is possible up to a maximum of 66 years in 2025. Workers who have applied for an end-of-career time credit for a certain period should check whether they need to apply for an extension of their time credit.
The increase in the retirement age brings various changes for both workers and employers. It may also affect a number of other aspects within the company. This also means that workers fall longer under the SWT statute (= system of unemployment with company supplement), but it may also have an impact on the pension bonus, any ongoing target group reductions, ...
We recommend carefully reviewing all relevant matters within your company and making adjustments where necessary. By doing so, you will be optimally prepared for the future and you will be able to properly inform and support your workers.
You can contact our Legal Partners for legal support at legalpartners@partena.be
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