The Constitutional Court validates the temporary disability allowance for civil servants

The Constitutional Court has rejected the petitions for annulment filed against the Law of 18 May 2024 introducing the temporary incapacity for work allowance for civil servants. Judgment No. 46/2026 of 16 April 2026, issued under reference C − 2026/003881, is published in the Belgian Official Gazette of 6 October 2026, p. 53031.

Two joined petitions against a pension reform

The challenged law, published in the Belgian Official Gazette of 13 June 2024, replaces, in the regulations applicable to civil servants, the physical incapacity pension scheme with a new temporary incapacity for work scheme. Two petitions were sent to the Court by registered mail on 10 December 2024 and reached the registry on 11 and 12 December 2024:

• the non-profit organization “Syndicat pour la Mobilité et Transport Intermodal des Services Publics - Protect” and Mohammed Benyaich, represented by Me Aurore Dewulf, lawyer at the Walloon Brabant bar;
• J.T., represented by Me Elisabeth Kiehl, lawyer at the Liège-Huy bar.

The cases, registered under docket numbers 8390 and 8391, were joined. The judgment was rendered in French, Dutch, and German, in accordance with Article 65 of the special law of 6 January 1989 on the Constitutional Court, by a formation presided over by Pierre Nihoul and assisted by registrar Frank Meersschaut.

The grievances examined and dismissed

The first ground, based on the violation of the rules allocating competences and the principle of federal loyalty, is unfounded: the Court rules that the federal authority was able to establish a work incapacity scheme applicable to all civil servants, including those of the communities and regions, and that the statutory provisions adopted by these entities apply preferentially.

The second ground, based on Article 23 of the Constitution and an alleged reduction in the level of protection of the right to social security, is rejected: as long as Medex confirms the persistence of the incapacity, the civil servant remains in temporary incapacity for work and receives an allowance calculated, in principle, as a retirement pension.

The third ground, derived from the principle of equality and non-discrimination, is unfounded, including the grievance relating to the exclusion of ministers of religion, which is based on the erroneous premise that they are public civil servants. In case 8391, the branch based on opinion No. 101/2024 of 7 November 2024 from the Data Protection Authority was declared inadmissible due to a lack of statement of grounds.

What the validated scheme provides

• Medex, namely the Medical Expertise Centre for Fitness for Work of the Medical Expertise Administration of the FPS Public Health, Food Chain Safety and Environment, is the competent medical body.
• The medical reassessment takes place within a minimum period of six months and a maximum of five years; the person concerned may themselves request a new evaluation after six months.
• Periods of temporary incapacity count towards the opening of the right to a pension, but not for its calculation, except for a limited exception of 24 months at a rate of 1/60th of the reference salary per year of service, after one year of actual service.
• Definitive cessation takes effect on the first day of the seventh month following notification; for teaching staff, on the following October 1st; the period increases to 12, 18, or 24 months depending on age for agents who resume an activity.
• Articles 4 to 8 and 9, 2°, of the law enter into force on January 1, 2028; article 9, 1°, on January 1, 2025.

Scope of the decision

The decision secures the reform for all federal, regional, and community civil servants, but leaves intact the possibility for communities and regions to adopt derogatory statutory provisions, which will prevail over the federal regime. Agents whose incapacity declaration procedure is initiated before January 1, 2028, remain covered by the transitional measures of the law.

Official source: Belgian Official Gazette of October 6, 2026, judgment no. 46/2026 of the Constitutional Court of April 16, 2026, ref. C − 2026/003881, p. 53031 (Dutch version p. 53044, German version p. 53058).