Best Retirement Lawyers in Hasselt
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Find a Lawyer in HasseltAbout Retirement Law in Hasselt, Belgium
Retirement in Hasselt follows Belgian federal law, which applies uniformly across the country. The statutory pension system is built on three pillars. The first pillar is the state pension paid by the Federal Pensions Service for employees and the self-employed, and by the competent administration for civil servants. The second pillar is the occupational or complementary pension financed by employers through group insurance or pension funds. The third pillar is individual long-term and pension savings with tax advantages. The legal retirement age is currently 65 and is scheduled to increase to 66 in 2025 and 67 in 2030. Early retirement may be possible if you have a sufficiently long career record. Pension amounts are calculated mainly on your recorded career years, your earnings, and your family situation. Because Hasselt is in Flanders, most local administration and court proceedings take place in Dutch, but the rules you rely on are federal.
Why You May Need a Lawyer
Many people navigate retirement without legal disputes, but professional advice can be crucial when problems arise. You may need a lawyer if there is a disagreement with the Federal Pensions Service about your career record, credited periods, or the calculation of your state pension. Cross-border careers create added complexity, for example when you have worked in several EU member states or outside the EU and need coordination of pension rights. If you are divorcing or divorced, you may need advice about possible rights to a pension based on an ex-spouse’s career, or how your own pension is affected by the division of assets. Survivors often need help understanding eligibility for a survivor’s pension or a transition allowance and how work or new relationships affect those benefits.
You may also need a lawyer for disputes about occupational pensions, such as vesting, transfer of reserves, minimum return guarantees on employer contributions, or what happens if your employer becomes insolvent. People who plan to work after retiring sometimes face issues with income limits and potential clawbacks. Tax and social security interactions can be complex, especially if you receive foreign pensions or move across borders. If a decision seems wrong, a lawyer can help you request an internal review and bring an action before the Labour Tribunal in Limburg. Strict filing deadlines often apply, so early advice is important.
Local Laws Overview
Belgian retirement law is primarily federal. Key features include the state pension regimes for employees, the self-employed, and civil servants. The legal retirement age is set to rise in stages from 65 to 66 in 2025 and to 67 in 2030. Early retirement is possible before the legal age if you meet minimum career-length thresholds. Some periods without work can be assimilated and count toward your career record, such as certain periods of unemployment, sickness, disability, or career break under specific conditions. A minimum pension can apply if you have a full career. There is also an income guarantee for older persons that provides a top-up for people with very low means.
Survivor protection includes a survivor’s pension for the widow or widower if conditions are met. Where the age or duration conditions are not met, a time-limited transition allowance may apply. Divorced spouses can, in some cases, receive a retirement pension based on the career of their former spouse if specific conditions are satisfied. Occupational pensions are governed by the law on supplementary pensions, which sets rules for vesting, information rights, minimum return on employer contributions for active members, and the handling of dormant rights. Second-pillar information is centralized in a national database so that workers can view their accrued rights. The financial sector regulator supervises pension funds and insurers.
Belgium coordinates pension rights within the EU under the social security coordination regulations. In practice, each country where you worked will calculate and pay its share of your pension, and Belgian authorities will consider foreign insurance periods when assessing your entitlement. Taxation of pensions is governed by Belgian income tax law and any applicable double taxation treaties. In Flanders, retirees remain affiliated to a health insurance fund and are subject to the Flemish social protection system for certain care-related contributions and benefits. In Hasselt, disputes relating to social security are heard by the Labour Tribunal of Limburg. Proceedings are generally in Dutch, and you may need translations for key documents if they are in another language.
Frequently Asked Questions
When can I retire in Belgium
The legal retirement age is 65 today and will gradually increase to 66 in 2025 and 67 in 2030. Early retirement may be possible before the legal age if you have a sufficiently long career. The exact thresholds can change, so check your personal career statement and ask the Federal Pensions Service to confirm your eligibility window.
How is my state pension calculated
Your pension depends on your career length, your earnings or reference income within your regime, and your family situation. Periods like sickness, disability, certain unemployment, and some career breaks can be assimilated and counted. A minimum pension may apply if you have a full career. The administration calculates your pension automatically when you reach the legal age, but you should still verify the data.
What is different for self-employed workers
Self-employed workers are covered by a separate regime with its own contribution base and calculation method. Historically the amounts were lower than for employees, but reforms have brought them closer. Self-employed workers may also qualify for minimum pension protections based on career length. Disputes and applications are handled through the competent social insurance funds and the federal pensions administration for the self-employed.
Can I keep working while receiving a pension
Yes, but rules differ by age and situation. After you reach the legal retirement age, earnings limits are more generous and in many situations no cap applies. If you retire early, there are strict income caps, and exceeding them can reduce or suspend your pension for that year. Always verify the current limits before taking up paid work.
How do foreign career periods affect my Belgian pension
Within the EU, your insurance periods in other member states are aggregated to assess eligibility, and each country pays its pro-rata share. If you worked outside the EU, the effect depends on bilateral social security treaties. Provide complete employment histories abroad so the Belgian authorities can coordinate your claim.
What about survivor’s pensions
A surviving spouse may qualify for a survivor’s pension if conditions relating to marriage duration, age, and means are met. If not, a temporary transition allowance may apply. Remarriage, work income, and other pensions can affect the amount. You should notify the administration promptly after a death so that rights can be assessed.
I am divorced. Do I have rights to a pension based on my ex-spouse’s career
A divorced spouse can in some cases receive a retirement pension calculated on the former spouse’s career for the years of marriage, provided legal conditions are met and the divorced spouse is not remarried. This is separate from any division of assets in the divorce. Ask the pensions administration to check your specific situation.
What are my rights in an occupational pension
If your employer sponsors a second-pillar plan, your entitlements vest under the law on supplementary pensions. You have the right to clear information, to transfer dormant reserves under certain conditions, and to a minimum return on employer contributions while you are an active member. If your employer becomes insolvent, special protection rules and guarantee mechanisms may apply.
How are pensions taxed
Belgian pensions are taxable income, with withholding tax typically applied at source. Your municipal surcharge and personal tax situation affect the final bill. If you receive pensions from abroad, double tax treaties and specific classification rules determine where and how they are taxed. Professional advice can help optimize and avoid double taxation.
How do I challenge a pension decision
You can request an internal review or correction if your career record or calculation is wrong. If the outcome is unsatisfactory, you may bring a case before the Labour Tribunal of Limburg in Hasselt. Deadlines are strict and often short, so act promptly after receiving a decision and seek legal help to prepare your file.
Additional Resources
Federal Pensions Service for employees and general state pensions. They maintain your career record and calculate benefits. They also run pension information points and contact centers.
Administration responsible for civil service pensions for statutory civil servants. They can confirm rules for career breaks, promotions, and specific end-of-career measures.
Social insurance funds and the federal pensions administration for the self-employed. They manage contributions and pension rights for self-employed careers.
Sigedis and the national second-pillar database. This centralizes your occupational pension data and allows you to view accrued rights from different employers.
Financial Services and Markets Authority. This regulator oversees pension funds and insurers and provides information about your rights in the second pillar.
Ombudsman for Pensions. An independent body that handles complaints about state and complementary pensions after you have tried to resolve the issue with the institution.
Labour Tribunal of Limburg in Hasselt. This is the court that hears social security and pension disputes for residents of Hasselt and the surrounding area.
OCMW-CPAS Hasselt. The local public social welfare center can guide low-income seniors, including applications for the income guarantee for the elderly and other social support.
Legal Aid Office Limburg. Provides information on eligibility for subsidized or fully aided legal assistance if your means are limited.
Your health insurance fund. For healthcare coverage as a retiree and coordination with Flemish social protection benefits.
Next Steps
Start by obtaining your career statement from the pensions administration and review it for gaps or errors. Gather evidence of employment, self-employment, career breaks, and foreign work such as contracts, pay slips, social security certificates, and tax forms. If you have an occupational pension, request a recent benefit statement and the plan rules from your employer or the plan administrator.
If you plan to retire soon, ask for a preliminary calculation so you understand timing, amounts, and the effect of early or partial retirement. If you intend to work after retirement, verify current income limits to avoid clawbacks. If you have a cross-border career, list all countries and employers and identify the applicable social security numbers.
When a decision arrives that you disagree with, note the date of notification and the appeal instructions on the letter. File a written request for correction or internal review without delay, and keep proof of sending. If the issue is not resolved, consult a lawyer who focuses on social security and pensions in Hasselt. Bring your decision letter, all supporting documents, and a timeline of events to your first meeting so the lawyer can assess deadlines and strategy. If needed, your lawyer can represent you in negotiations, in dealings with the Ombudsman for Pensions, and before the Labour Tribunal of Limburg.
Because the legal retirement age and early retirement rules are evolving between 2025-2030, review your situation regularly and seek updated advice before making irreversible decisions.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.