Best Pension Lawyers in Hasselt

About Pension Law in Hasselt, Belgium

Belgium uses a three pillar pension model that applies in Hasselt and across the country. Pillar one is the statutory state pension for employees, self-employed workers, and public sector staff. Pillar two is the occupational or supplementary pension set up by an employer or sector fund. Pillar three is individual long term savings with tax advantages. The system is largely governed by federal law, so the rules in Hasselt mirror national rules, but local services in Hasselt can help you access and understand your entitlements.

The Federal Pension Service manages most state pension rights and operates through the MyPension platform, while second pillar plans are managed by insurers or pension funds under the supervision of the Financial Services and Markets Authority. Municipal social services in Hasselt can guide residents with low income supports such as the guaranteed income for the elderly. Because many people in Limburg have cross border careers, EU coordination rules are often relevant to residents of Hasselt when aggregating work periods from other countries.

Why You May Need a Lawyer

You may require a lawyer when your career path is complex, when a decision is disputed, or when choices have long lasting financial effects. Common situations include calculating entitlements after mixed employment and self-employment, contesting a pension award or overpayment, dealing with a survivor’s pension or transitional allowance after a spouse’s death, coordinating Belgian rights with foreign careers in the EU or under bilateral agreements, protecting second pillar rights after a merger, bankruptcy, or job loss, resolving disputes with an insurer or pension fund about vesting, waiting periods, or charges, navigating tax questions on lump sums and recurrent pensions, buying back study periods or assimilated periods, protecting pensions during divorce or property settlements, and defending against seizure or set-off against pension income. A lawyer experienced in social security and pension law can help you calculate scenarios, file timely appeals, and negotiate with authorities or pension institutions.

Local Laws Overview

Competence and structure. Pensions are governed by federal legislation. The Federal Pension Service manages statutory pensions for employees, self-employed, and the public sector. Occupational pensions are governed by the supplementary pensions framework and overseen by the Financial Services and Markets Authority. Sigedis maintains the central database of second pillar rights.

Retirement age. The statutory retirement age is 65. It is scheduled to increase to 66 in 2025 and to 67 in 2030. Early retirement is possible if you meet conditions on minimum age and career length. These conditions are adjusted by law from time to time, so it is important to check the rules that apply to your specific situation and year of retirement.

Accrual and calculation. State pension amounts depend on your career duration and earnings or contribution base. Employees accrue based on gross pay subject to social security. Self-employed rights are based on social contributions and professional income. Public sector staff follow specific statutes. Periods of unemployment, illness, or career breaks may be assimilated under set rules.

Indexation and welfare adjustments. Pensions are indexed to the health index. Periodic welfare adjustments can increase lower pensions beyond indexation under social policy agreements.

Minimum pension and guaranteed income. A career minimum pension exists for full careers that meet legal thresholds. The guaranteed income for the elderly provides means tested support for low income seniors. Local social services in Hasselt can help with applications and budgeting for these benefits.

Survivor’s rights. A survivor’s pension may be granted to a widow or widower if marriage duration and age conditions are met. Younger survivors may receive a transitional allowance for a limited period. Cohabitation status does not automatically grant survivor’s pension under current rules.

Second pillar rights. Occupational pension rights must vest according to law after a short waiting period. Rights are portable when changing employers. Fees, costs, and return guarantees are regulated. You can consult your career long second pillar record through the central database. Disputes with insurers or pension funds can be brought to the Pensions Ombudsman and the courts.

Taxation. Belgian state pensions are taxable income with withholding at source. Second pillar benefits may be paid as lump sums or annuities and are taxed under specific rates and municipal surcharges. Cross border taxation depends on double tax treaties and the type of pension. Professional advice is recommended before choosing lump sum options.

Appeals and courts. Administrative reviews are available with the Federal Pension Service. Judicial appeals are lodged with the labour court for your judicial district. Strict deadlines apply, often around three months from notification, so act quickly if you disagree with a decision.

Frequently Asked Questions

What is the legal retirement age in Belgium and can I retire earlier

The legal retirement age is 65 and will rise to 66 in 2025 and to 67 in 2030. Early retirement is possible if you meet both a minimum age and a minimum career length. The exact thresholds can change, so confirm the conditions that apply in your year of retirement using your MyPension account or by seeking legal advice.

How is my Belgian state pension calculated

Your pension is based on your recognized career years and your earnings or contribution base. Employees accrue rights on wages subject to social security. Self-employed accrue rights based on their social contributions and declared professional income. Certain periods such as unemployment or sickness may count as assimilated periods. The Federal Pension Service calculates your entitlement and provides a detailed decision that you can verify and challenge if needed.

I worked in multiple countries. How will that affect my pension

Under EU coordination rules, each country where you worked will calculate its share based on your insurance periods and pay its portion. Belgium will add your foreign periods for the sole purpose of verifying eligibility for benefits but will pay only for the Belgian insured periods. For non EU countries, bilateral agreements may apply. A lawyer can help ensure all foreign periods are correctly counted and that you receive the correct benefits from each country.

What documents do I need to apply for my pension

You typically need your national register or social security number, identity card, employment history, any foreign employment records, details of self-employed activity and social insurance fund, marital status documents for survivor’s rights, and bank account details. Applications can often be initiated automatically or through the MyPension platform, but it is safer to file proactively about a year before your planned retirement date.

Can I work while receiving a pension

Yes, but earnings limits may apply depending on your age and career length. After you reach the statutory retirement age and have a full career, you can usually work without limits. Before that, there are caps and reporting duties. Exceeding the cap can reduce or suspend your pension for the year. Confirm the current thresholds for your situation before starting work.

Do legal cohabitants receive a survivor’s pension

As a rule, survivor’s pensions are linked to marriage. Legal cohabitation does not automatically grant a survivor’s pension. However, younger widows and widowers may be eligible for a transitional allowance in some cases. Because this area evolves, ask the Federal Pension Service or a lawyer to review your exact status and options.

What is the minimum pension and do I qualify

Belgium provides a career minimum pension for people who meet a long career threshold and other conditions. Amounts vary by household situation. If your income remains low, you may qualify for the guaranteed income for the elderly, which is means tested. Municipal social services in Hasselt can help you file and assemble the required documents.

How do I check my second pillar pension rights

Your occupational pension rights are recorded centrally. You can consult a complete overview of your accrued rights, past employers, and vesting status through the official database. If information is missing or incorrect, contact the relevant pension fund or insurer and consider legal assistance if the issue is not resolved.

How are pensions taxed in Belgium

State pensions are taxed as ordinary income with withholding at source, and municipal surcharges apply. Occupational pensions may be taxed at specific rates that depend on how and when they are paid, for example lump sum at retirement versus later. If you have foreign pension income, double tax treaties determine which country can tax it and whether credits apply. Obtain tax advice before choosing between annuity and lump sum.

What can I do if I disagree with my pension decision

You can request an administrative review with the Federal Pension Service and then appeal to the labour court if needed. Deadlines are short, often about three months from notification. Keep the envelope or digital timestamp, gather evidence such as payslips and career records, and consult a lawyer quickly to avoid losing your rights.

Additional Resources

Federal Pension Service. The main authority for state pensions for employees, self-employed, and public sector staff. Offers personal files, calculations, and decisions, as well as local consultation days.

MyPension platform. The official portal where you can view your career, simulate retirement dates and amounts, and file applications.

Financial Services and Markets Authority. Supervises occupational pension funds and insurers and publishes guidance on supplementary pensions.

Sigedis and the second pillar database. Maintains the central record of occupational pension rights and supports beneficiaries in tracing past rights.

Pensions Ombudsman. Independent service that helps resolve disputes with pension funds and insurers in the second pillar and can facilitate solutions without court proceedings.

OCMW Hasselt Public Center for Social Welfare. Provides social assistance, budget support, and help with applications for the guaranteed income for the elderly and related benefits.

Social insurance funds for self-employed. Your fund can issue contribution histories, assist with buy back of study periods, and provide career attestations needed for calculations.

Trade unions and pensioners associations. Offer guidance and help members with applications, simulations, and appeals.

Next Steps

Clarify your goal. Decide your target retirement date, whether you prefer annuity or lump sum options for the second pillar, and whether you plan to keep working after retirement.

Gather documents. Collect identity documents, full employment history, pay records, self-employment contribution statements, marital status documents, and any foreign employment records.

Check your records. Log in to your official pension account to verify your Belgian career data. Consult the central second pillar database to confirm all occupational rights. List any gaps or errors you find.

Assess your options. Run official simulations for different retirement dates and consider tax impacts. Consider buying back study periods or regularizing career gaps if this is financially advantageous.

Seek guidance. Book an appointment with the Federal Pension Service or attend a pension consultation day in Hasselt. If your file is complex or disputed, contact a lawyer who focuses on social security and pension law.

Mind the deadlines. Appeals often have short, strict time limits. If you receive a decision you disagree with, contact a lawyer immediately and keep the notification with its date.

Consider legal aid. If your income is limited, you may qualify for partial or full legal aid through the local bureau for legal assistance in the Limburg judicial district.

Document everything. Keep copies of submissions, decisions, and correspondence. Record phone calls with dates and names. Written evidence will be crucial if you need to litigate.

Implement and review. Once your pension starts, check the first payment, the tax withholding, and any limits on earnings if you continue working. Review your second pillar payout paperwork to confirm the correct tax treatment and costs.