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4. LA PROPUESTA

4.8. IMPACTO/PRODUCTO/BENEFICIO OBTENIDO

1. Temporary agency workers who:

have worked at least 26 weeks for one private employment agency; and who are aged 21 or older (counting from the first of the month when they turn 21); and who are working in phase A,

are covered by the Basic Scheme subject to the following conditions.

2. For the application of the provisions of paragraph 1, the temporary agency worker shall also be deemed to have worked 26 weeks for one employer, if successive employership applied in this period. Successive employership means the situation in which the temporary agency worker has worked continuously in the service of different employers, each of which must be reasonably deemed to be the successor of the previous employer in terms of the work that was performed. 3. Temporary agency workers who change employer after meeting the reference requirement of

paragraph 1 of this article, but who continue to work within the scope of the Pension Fund for Personnel Services (Stichting Pensioenfonds voor Personeelsdiensten), need not fulfil the refer- ence requirement once again but continue to participate, unless there has been an interruption of a year or longer between two agency work employment contracts.

4. The Stichting Pensioenfonds voor Personeelsdiensten is responsible for implementing the Basic Scheme.

5. The Basic Scheme is a defined contribution scheme for which the premium contribution as of 1 January 2008 is 2.6 percent of the gross wage. The Basic Scheme has a retirement age of 65 and provides for the formation of a pension capital for purchasing a retirement pension and/or part- ner’s pension. For the purposes of this article, gross wage is defined as: the wage for the hours normally worked, the wage for irregular hours (i.e. the hours in different day and time zones),

the waiting day compensation, the reserves for holidays*1, special leave, short-term absenteeism

and public holidays, the holiday allowance*1 and the personal allowance as referred to in article

19, paragraph 4, under c. For the purposes of this article, gross wage does not mean the wage for overtime, compensation hours, travelling time and grossed-up allowances.

6. Every private employment agency is obliged to pay the premium contributions to the Stichting Pensioenfonds voor Personeelsdiensten, as determined on the basis of that fund’s Implementing Regulations.

7. The premium contribution payment obligation referred to in the preceding paragraph applies for each day on which the temporary agency worker, covered by the pension scheme referred to in paragraph 1 of this article, has worked in agency work.

8. The complete Basic Scheme has been laid down in the Basic Scheme rules and regulations of the

Stichting Pensioenfonds voor Personeelsdiensten*2.

*1 Insofar as accrued once the legibility requirements as meant in paragraph 1 of this article have been satisfied.

*2The regulations and further information on the Basic Scheme has been published on the pension fund’s website (StiPP - Stichting Pensioenfonds voor Personeelsdiensten): www.stippensioen.nl.

Plus Scheme

9. Temporary agency workers who:

are aged 21 or older (counting from the first of the month when they turn 21); and who are working in phases B or C,

are covered by the Plus Scheme subject to the following conditions.

10. Temporary agency workers who change employer after meeting the reference requirement of paragraph 9 of this article, but who continue to work within the scope of the Stichting Pensioenfonds voor Personeelsdiensten, need not fulfil the reference requirement once again but continue to participate, unless there has been an interruption of 26 weeks or longer between two agency work employment contracts.

11. The Stichting Pensioenfonds voor Personeelsdiensten is responsible for implementing the Plus Scheme.

12. The Plus Scheme is a defined contribution scheme with a retirement age of 65 and provides for the formation of a pension capital for purchasing a retirement pension and/or partner’s pension. The premium contribution made available for forming the pension capital is expressed as a percentage of the pension basis according to the graduated rates shown below.

Age group Pension contribution 20-24 5.25% 25-29 6.11% 30-34 7.11% 35-39 8.24% 40-44 9.60% 45-49 11.22% 50-54 13.22% 55-59 15.66% 60-64 18.78%

The pension basis is determined on an hourly basis by the gross hourly wage of the temporary agency worker, less the hourly franchise. For the purposes of this article, gross wage is defined as: the wage for the hours normally worked, the wage for irregular hours (i.e. the hours in differ-

ent day and time zones), holidays*1, special leave, short-term absenteeism and public holidays,

the holiday allowance*1 and the personal allowance as referred to in article 19, paragraph 4, un-

der c. Gross wage does not mean: the wage for overtime hours, compensation hours, travelling time and grossed-up allowances.

13. In the event of incapacity for work in accordance with the provisions of the Work and Income (Capacity for Work) Act, pension accrual in proportion to the applicable percentage of incapacity for work shall continue on a non-contributory basis in accordance with the level of the premium contribution deposit at the time incapacity for work commenced.

provisions for risk insurance for the partner’s pension over the future period of service. 15. The Stichting Pensioenfonds voor Personeelsdiensten shall determine a flat-rate premium contri-

bution on the grounds of the aforementioned fund’s Implementing Regulations each year, which shall be charged to the private employment agency. Each private employment agency shall then be obliged to pay these premium contributions in accordance with the requirements stipulated for this in the Implementing Regulations.

16. The premium contribution payment obligation referred to in the preceding paragraph applies for each day on which the temporary agency worker, covered by the pension scheme referred to in paragraph 9 of this article, has worked in temporary employment.

17. The private employment agency is entitled to deduct a percentage of the pension premium contributions from the temporary agency worker’s wage, if and as soon as the temporary agency worker is covered by the pension scheme. The size of the deduction shall not exceed one-third of the flat-rate premium contribution referred to in paragraph 15.

18. The complete Plus Scheme has been laid down in the Plus Scheme rules and regulations of the

Stichting Pensioenfonds voor Personeelsdiensten*2.

*1 Insofar as accrued once the legibility requirements as meant in paragraph 9 of this article have been satisfied.

* 2 The regulations and further information on the Plus Scheme has been published on the pension fund’s’ website: www.stippensioen.nl.

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