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18 AVRIL 2017. - Social Security Funding Reform Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Simplification of alternative funding and financing of health care
Section 1^re. - Alternative financing of the workers ' regime
Sub-section 1^re. - Alternate funding - Baseline
Art. 2. § 1^er. From 1^er January 2017 13.41% of the value-added tax product, referred to as "VAT", are deducted from the net amount collected from the value-added tax and assigned to the overall LORS-Gestion referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
§ 2. The amount determined in accordance with paragraph 1^er cannot be less than the amount of 3,934,149 thousand euros. The latter amount is adjusted annually to the average health index growth rate of the year.
Art. 3. § 1^er. From 1^er January 2017, 40.73 per cent of the proceeds of the movable pre-payment are deducted from the net amount collected from this pre-payment and assigned to the overall LORS-Gestion referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
§ 2. The amount determined in accordance with paragraph 1^er cannot be less than the amount of 1,933,715 thousand euros. The latter amount is adjusted annually to the average health index growth rate of the year.
Art. 4. In the event of changes in the regulations concerning tariffs, tax base and exceptions to VAT and movable pre-payment, the percentages set out in sections 2, § 1^er and 3, § 1^er are updated by a royal decree deliberated in the Council of Ministers.
Sub-section 2. - Alternative financing - Tax shift
Art. 5. § 1^er. To finance the tax shift, the following amounts are paid to the overall LORS-Gestion referred to in section 5, paragraph 1^er2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers:
1° for the year 2017 an amount of €1,872.3 million, of which €179,5 million is taken from the net amount collected from the VAT and €692.8 million is taken from the net amount collected from the movable account;
2° for the year 2018 an amount of 2,300.2 million euros, of which 1,449.1 million euros are taken from the net amount collected from the VAT and 881.1 million euros are taken from the net amount collected from the movable account;
3° for the year 2019 an amount of 2,590.1 million euros, of which 1,631.8 million euros are taken from the net amount collected from the VAT and 958.3 million euros are taken from the net amount collected from the movable account;
4° for the year 2020 an amount of 3,027,3 million euros, of which 1,907,2 million euros are taken from the net amount collected from the VAT and 1,120.1 million euros are taken from the net amount collected from the movable account.
§ 2. The amounts set out in paragraph 1^er take into account the net return effects calculated by the Federal Office of the Plan. They can be updated annually by a royal decree deliberated in the Council of Ministers.
Subsection 3. - Alternative financing - From the year 2021
Art. 6. § 1^er. The percentages referred to in Articles 2, § 1^er, and 3, § 1^er, are, starting in 2021, adjusted as follows in order to incorporate the amount of alternative financing of the tax shift referred to in section 5 into the basic amount of alternative financing:
x'1 = x1 + T1 (2020)
VAT (2020)
x'2 = x2 + T2 (2020)
PM (2020)
In these formulae:
- x1 represents the percentage referred to in Article 2, § 1;
- x2 represents the percentage referred to in Article 3, § 1;
- x'1 represents the percentage referred to in Article 2, § 1, which will be applied from 2021;
- x'2 represents the percentage referred to in Article 3, § 1, which will be applied from 2021;
- T1(2020) represents the amount taken from the VAT referred to in Article 5, § 1, 4°;
- T2(2020) represents the amount deducted from the movable account referred to in Article 5, § 1, 4°;
- VAT(2020) represents the net product of VAT in 2020;
- PM(2020) represents the net proceeds of the movable account in 2020.
§ 2. The minimum amounts set out in articles 2, paragraphs 2, and 3, § 2, are adapted by a royal decree deliberated in the Council of Ministers.
If further reductions in contributions or reductions in additional social contributions are decided, the percentages and minimum amounts of alternative funding may be adjusted by a Royal Decree deliberated in the Council of Ministers.
§ 3. The minimum amounts and percentages referred to in this article may be updated for changes in VAT and pre-payment by a royal decree deliberated in the Council of Ministers.
Sub-section 4. - Method of sampling and payment
Art. 7. § 1^er. If the net product of VAT is insufficient to make, in the order of priority below, the payments of the amounts due under:
1° the decision of the Council of 26 May 2014 on the system of the own resources of the European Communities (2000/597/EC, Euratom);
2° Article 43 of the Programme Law of 11 July 2005;
3° Article 36, paragraph 2, 1°, of the special law of 16 January 1989 on the financing of the Communities and Regions;
Sections 2, 5, 6, 9, 12 and 13 of this Act;
5° Articles 17 and 19 of this Law;
6° Article 190 of the Program Law of 24 December 2002;
7° Article 21ter of the Act of 29 April 1999 on the organization of the electricity market;
8° Articles 57 to 59 of the Programme Law of 22 December 2008,
a supplementary amount may be deducted from the net amount collected on tobacco to ensure payment of amounts due pursuant to sections 2, 5 and 6, without the deduction being greater than the amount of the deficiency found in the net amount collected from the VAT.
§ 2. Similarly, an additional amount may be deducted from the net amount collected on tobacco when it is found that the net amount collected from the movable pre-payment is not sufficient to finance the amounts as set out in sections 3, 5 and 6 without the fact that the deduction may be greater than the amount of the net amount collected from the movable pre-payment.
Art. 8. § 1^er. The percentages set out in sections 2 and 3 are applied to the net monthly VAT and pre-payment amount. The amounts are calculated and transferred to monthly instalments.
§ 2. The amounts must be available on the ASB-Global Management account no later than 25 of each month. If the 25 is a Saturday, Sunday or a holiday, the amounts must be available on the account on the working day before the 25.
Section 2. - Alternative financing of the independent workers regime
Sub-section 1^re. - Alternate funding - Baseline
Art. 9. § 1^er. From 1^er January 2017, 3.33 % of the proceeds of VAT are taken from the net amount collected from this tax and allocated to the Fund for the Financial Balance of the Social Status of Independent Workers, referred to in article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers.
§ 2. The amount determined in accordance with paragraph 1^er, cannot be less than the amount of 977 716 thousand euros. The latter amount is adjusted annually to the average health index growth rate of the year.
Art. 10. § 1^er. From 1^er January 2017, 10.12 per cent of the proceeds of the movable pre-payment are deducted from the net amount of this pre-payment and allocated to the Fund for the Financial Balance of the Social Status of Independent Workers referred to in Article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers.
§ 2. The amount determined in accordance with paragraph 1^er cannot be less than the amount of 481 562 thousand euros. The latter amount is adjusted annually to the average health index growth rate of the year.
Art. 11. In the event of changes in the regulations concerning tariffs, tax base and exceptions to VAT and movable pre-payment, the percentages set out in sections 9, § 1^er10 § 1^er, are updated by a royal decree deliberated in the Council of Ministers.
Sub-section 2. - Alternative financing - Tax shift and other government measures
Art. 12. § 1^er. To finance the tax shift and other measures of the government, the following amounts are paid to the Fund for the Financial Balance of the Social Status of Independent Workers referred to in Article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers:
1° for the year 2017 an amount of 275.9 million euros, of which 173.8 million euros are taken from the net amount collected from the VAT and 102.1 million euros are taken from the net amount collected from the movable account;
2° for 2018 an amount of 377,9 million euros, of which 238.1 million euros are taken from the net amount collected from the VAT and 139.8 million euros are taken from the net amount collected from the movable account;
3° for 2019 an amount of 377,9 million euros, of which 238.1 million euros are taken from the net amount collected from the VAT and 139.8 million euros are taken from the net amount collected from the movable account;
4° for the year 2020 an amount of 377,9 million euros, of which 238.1 million euros are taken from the net amount collected from the VAT and 139.8 million euros are taken from the net amount collected from the movable account.
§ 2. The amounts set out in paragraph 1^er take into account the net return effects calculated by the Federal Office of the Plan. They can be updated annually by a royal decree deliberated in the Council of Ministers.
Subsection 3. - Alternative financing - From the year 2021
Art. 13. § 1^er. The percentages referred to in articles 9, § 1^er10 § 1^er, are, starting in 2021, adjusted as follows, to incorporate the amount of alternative financing of the tax shift referred to in section 12 into the basic amount of alternative financing:
x'1 = x1 + T1 (2020)
VAT (2020)
x'2 = x2 + T2 (2020)
PM (2020)
In these formulae:
- x1 represents the percentage referred to in Article 9, § 1;
- x2 represents the percentage referred to in Article 10, § 1;
- x'1 represents the percentage referred to in Article 9, § 1, which will be applied from 2021;
- x'2 represents the percentage referred to in Article 10, § 1, which will be applied from 2021;
- T1(2020) represents the amount taken from the VAT referred to in Article 12, § 1, 4°;
- T2(2020) represents the amount deducted from the movable account referred to in Article 12, § 1, 4°;
- VAT(2020) represents the net product of VAT in 2020;
- PM(2020) represents the net proceeds of the movable account in 2020.
§ 2. The minimum amounts set out in articles 9, § 2, and 10 § 2, are adapted by a royal decree deliberated in the Council of Ministers.
If further reductions in contributions or reductions in additional social contributions are decided, the percentages and minimum amounts of alternative funding may be adjusted by a Royal Decree deliberated in the Council of Ministers.
§ 3. The minimum amounts and percentages referred to in this article may be updated for changes in VAT and pre-payment by a royal decree deliberated in the Council of Ministers.
Sub-section 4. - Method of sampling and payment
Art. 14. § 1^er. If the net product of VAT is insufficient to make, in the order of priority below, the payments of the amounts due under:
1° the decision of the Council of 26 May 2014 on the system of the own resources of the European Communities (2000/597/EC, Euratom);
2° Article 43 of the Programme Law of 11 July 2005;
3° Article 36, paragraph 2, 1°, of the special law of 16 January 1989 on the financing of the Communities and Regions;
4° Articles 2, 5, 6, 9, 12 and 13 of this Law;
5° Articles 17 and 19 of this Law;
6° Article 190 of the Program Law of 24 December 2002;
7° Article 21ter of the Act of 29 April 1999 on the organization of the electricity market;
8° Articles 57 to 59 of the Programme Law of 22 December 2008,
a supplementary amount may be deducted from the net amount collected on tobacco to ensure payment of amounts due pursuant to sections 9, 12 and 13, without the deduction being greater than the amount of the deficiency found in the net amount collected from the VAT.
§ 2. Similarly, an additional amount may be deducted from the net amount collected on tobacco when it is found that the net amount collected from the movable pre-payment is not sufficient to finance the amounts as set out in sections 10, 12 and 13 without the fact that the deduction may be greater than the amount of the net amount collected from the movable pre-payment.
Art. 15. § 1^er. The percentages set out in sections 9 and 10 are applied to the net monthly VAT and pre-payment amount. The amounts are calculated and transferred to monthly instalments.
§ 2. The amounts must be available on the account of the Fund for the Financial Balance of the Social Status of Independent Workers no later than 25 of each month. If the 25 is a Saturday, Sunday or a holiday, the amounts must be available on the account on the working day before the 25.
Section 3. - Health care financing
Sub-section 1^re. - Basic financing by the Global Management of Employee Workers
Art. 16. Article 24, § 1^erbis, the Act of 29 June 1981 establishing the general principles of social security for wage workers, as amended lastly by the Law of 1^er July 2016 is supplemented by three paragraphs:
"By derogation from the provisions of the preceding paragraphs, for the year 2017, the amount is set at 19,362,830 thousand euros.
For fiscal years 2018 up to 2021 including, the amount set out in the previous paragraph is adjusted annually to the average health index growth rate of the year.
From fiscal year 2022, the amount is re-set as per paragraph 2. "
Sub-section 2. - Alternative financing of additional resources allocated by the Global Management of Employees
Art. 17. From the year 2008, an amount is deducted from the net amount collected from the VAT and is allocated to the ASB-Global Management referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers. The King shall determine annually the amount referred to in that paragraph.
The amount referred to in paragraph 1^er corresponds, by fiscal year, to the amount of additional financial means as defined in § 1quater of Article 24 of the Law of 29 June 1981 establishing the general principles of social security of wage workers.
Subsection 3. - Basic financing by the Global Management of Independent Workers
Art. 18. Article 6, § 1bis, of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Law of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans, last amended by the Law of 1^er July 2016 is supplemented by three paragraphs:
"By derogation from the provisions of the preceding paragraphs, for the year 2017, the amount is set at 1,937,491 thousand euros.
For fiscal years 2018 up to 2021 including, the amount set out in the previous paragraph is adjusted annually to the average health index growth rate of the year.
From fiscal year 2022, the amount is re-set as per paragraph 2. "
Sub-section 4. - Alternative financing of additional resources allocated by the Global Management of Independent Workers
Art. 19. From the year 2008, an amount is deducted from the net amount of VAT and is allocated to the Fund for the Financial Balance of the Social Status of Independent Workers referred to in Article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers. The King shall determine annually the amount referred to in that paragraph.
The amount referred to in paragraph 1^er corresponds, by fiscal year, to the amount of additional financial means as defined in § 1quater of Article 6 of the Royal Decree of 18 November 1996 concerning the introduction of a comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of legal pension schemes.
Subsection 5. - Modalities for the collection and payment of alternative financing
Art. 20. § 1^er. If the net product of VAT is insufficient to make, in the order of priority below, the payments of the amounts due under:
1° the decision of the Council of 26 May 2014 on the system of the own resources of the European Communities (2000/597/EC, Euratom);
2° Article 43 of the Programme Law of 11 July 2005;
3° Article 36, paragraph 2, 1°, of the special law of 16 January 1989 on the financing of the Communities and Regions;
4° Articles 2, 5, 6, 9, 12 and 13 of this Law;
5° Articles 17 and 19 of this Law;
6° Article 190 of the Program Law of 24 December 2002;
7° Article 21ter of the Act of 29 April 1999 on the organization of the electricity market;
8° Articles 57 to 59 of the Programme Law of 22 December 2008,
a supplementary amount may be deducted from the net amount collected on tobacco to ensure payment of the amounts due under sections 17 and 19, without the deduction being greater than the amount of the deficiency found in the net amount collected from the VAT.
§ 2. The amounts referred to in sections 17 and 19 are transferred to monthly instalments. The amounts must be available on the respective accounts of the Global SONS-Gestion and the Financial Balance Fund for the Social Status of Independent Workers, no later than 25 of each month. If the 25 is a Saturday, Sunday or a holiday, the amounts must be available on the account on the working day before the 25.
CHAPTER 3. - State subsidies
Section 1^re. - Determination of State subsidies for the social security of wage workers
Art. 21. § 1^er. All annual subsidies of the State for the benefit of the various social security regimes and branches of the workers employed, as referred to in article 21, § 2, 1° to 7°, of the law of 29 June 1981 establishing the general principles of social security of the workers employed, is set at 1,921,739 thousand euros for the year 2017.
§ 2. As of 2018, the amount referred to in subsection 1^er is adapted annually to the average health index growth rate of the year.
§ 3. From 2018 onwards, the amount referred to in paragraph 2 is also adjusted annually to the ageing coefficient.
The ageing factor is determined annually by a royal decree deliberated in the Council of Ministers. The coefficient is applied if there is a significant increase in the final labour market age and if real GDP growth reaches at least 1.5 per cent.
§ 4. All State subsidies are included in the SPF Social Security budget.
Section 2. - Determination of the State subsidy for the benefit of the social status of independent workers
Art. 22. § 1^er. The State's annual subsidy for the benefit of the various social security regimes and sectors of independent workers, as referred to in Article 6, § 2, of the Royal Decree of 18 November 1996 for the introduction of a comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, is set at 363 343 thousand year 2017.
§ 2. As of 2018, the amount referred to in subsection 1^er is adapted annually to the average health index growth rate of the year.
§ 3. As of 2018, the amount referred to in subsection 1^er is also adapted annually to the ageing coefficient.
The ageing coefficient is the same as that used for State subsidies for the benefit of the Global Management of Employee Workers. The King determines it annually by a deliberate decree in the Council of Ministers. The coefficient is applied if there is a significant increase in the final labour market age and if real GDP growth reaches at least 1.5 per cent.
§ 4. The annual state subsidy is included in the SPF Social Security budget.
CHAPTER 4. - Balance dosage
Section 1^re. - Balance in the wages of employees
Art. 23. § 1^er. The equilibrium in the employee system is included in the SPF Social Security budget.
In the SPF budget Social Security, a provisional amount is included, equal to the amount of the balance of the previous year as established in § 2, increased by a growth standard equal to the rate of the average health index of the year.
From 1^er January 2017 until the end of 2020, a balance endowment is paid to the overall OLS-Gestion referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
§ 2. In order to maintain the budgetary balance at the ONS-Gestion Global and to ensure the continuity of payments of social benefits, the King determines annually, by order deliberately in the Council of Ministers, the final amount of the equilibrium allocation for the ONS-Gestion Global, after taking into account several factors of accountability, to such an end that the ONS-Gestion Global has no surplus or deficit on its own account
Accountability factors referred to in paragraph 1^er include:
- the effects of measures to combat social fraud;
- the effects of measures to combat unfit mechanisms of use;
- the contribution of social security to the achievement of budgetary objectives as determined in the Stability Pact;
- causes of increases in volume effects;
- whether or not the budgetary neutrality of agreements between social partners is respected. The term agreements can be interpreted broadly. Social partners will need to propose corrective measures. The government then decides whether it is fully or partially implementing the agreement and also makes a decision on countervailing measures;
- follow-up to the measures provided by the Government; In the event of unimplemented measures, the Government proposes new measures of the same type.
§ 3. Balance endowment is paid in monthly instalments on the 13th of the month on the overall LORS-Gestion account.
§ 4. The December payment is adapted according to the update of the budgetary data established by the Monitoring Committee so that the overall ONS-Gestion balances.
However, this adaptation is limited to a maximum of one twelfth of the balance allocation.
§ 5. The amount of equilibrium set out in paragraph 2 is adjusted by a royal decree deliberated in the Council of Ministers on the basis of the provisional results of year N established during the budgetary control of year N+1. He's not changed later.
§ 6. In 2019 and no later than 2020, an assessment of the mechanism established by paragraphs 1 to 5 takes place; on the basis of this evaluation, an extension of the system is decided by a royal decree deliberated in the Council of Ministers.
Section 2. - Balance in the regime of independent workers
Art. 24. § 1^er. The balance in the self-employed regime is included in the SPF Social Security budget.
In the SPF budget Social security, a provisional amount is included, equal to the balance of the previous year as set out in § 2, increased by a growth standard equal to the growth rate of the health index of the year.
From 1^er January 2017 until the end of 2020, a balance allocation is paid to the overall financial management of the social status of self-employed, referred to in section 2, paragraph 1^erof the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Law of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans.
§ 2. In order to maintain the budgetary balance of the overall financial management of the social status of self-employed and to ensure the continuity of payments of social benefits, the King determines annually, by order deliberately in the Council of Ministers, the final amount of the equilibrium for the overall financial management of the social status of self-employed, after taking into account several factors of accountability, to such an end that the overall financial management of the social status of self-employed workers does not exclude
Accountability factors referred to in paragraph 1^er include:
- the effects of measures to combat social fraud;
- the effects of measures to combat unfit mechanisms of use;
- the contribution of social security to the achievement of budgetary objectives as determined in the Stability Pact;
- causes of increases in volume effects;
- whether or not the budgetary neutrality of agreements between social partners is respected. The term agreements can be interpreted broadly. Social partners will need to propose corrective measures. The government then decides whether it is fully or partially implementing the agreement and also makes a decision on countervailing measures;
- follow-up to the measures provided by the Government; In the event of unimplemented measures, the Government proposes new measures of the same type.
§ 3. Balance is paid in monthly instalments on the 13th of the month on the account of the overall financial management of the social status of self-employed.
§ 4. The December payment is adapted according to the update of the budgetary data established by the monitoring committee so that the overall financial management of the social status of self-employed persons has a budgetary balance.
However, this adaptation is limited to a maximum of one twelfth of the balance allocation.
§ 5. The amount of equilibrium set out in paragraph 2 is adjusted by a royal decree deliberated in the Council of Ministers on the basis of the provisional results of year N established during the budgetary control of year N+1. He's not changed later.
§ 6. In 2019 and no later than 2020, an assessment of the mechanism established in paragraphs 1 to 5 takes place; on this basis an extension of the system is decided by a royal decree deliberated in the Council of Ministers.
§ 7. The amount of equilibrium in the self-employed regime must be at least 1/9th of the fixed amount of equilibrium in the employee's plan. If this amount is too high compared to the self-employed deficit, the amount of equilibrium is corrected to present a zero balance.
In the Budget General Statement, the difference between 1/9th of the fixed amount of the equilibrium endowment in the employee's plan and the determined amount of the equilibrium endowment in the self-employed regime is each time explicit.
CHAPTER 5. - Budget and financial monitoring of social security
Art. 25. § 1^er. A "Finance and Budget Commission" is established at the Global Management SONS referred to in Article 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, referred to as "CFB ONSS".
§ 2. CFB ONSS is located at the National Social Security Office.
Art. 26. § 1^er. A "Finance and Budget Commission" is established in the overall financial management of the social status of independent workers, referred to in Article 2, paragraph 1^erof the Royal Decree of 18 November 1996 on the introduction of a comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Law of 26 July 1996 on the Modernization of Social Security and the Sustainability of the Legal Pension Plans, referred to as "CFB INASTI".
§ 2. The headquarters of the CFB INASTI is at the National Institute of Social Insurance for Independent Workers.
Art. 27. § 1^er. Without prejudice to the provisions of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, the ONSS and INASTI CFBs, referred to as "the CFBs" have the following tasks:
1° follow the cash financing of the branches of Global Management and non-Global Management institutions for which contributions are made;
2° ensure the schedule of social benefits payments;
3° follow the evolution of social benefits, contributions and contribution reductions;
4° analyze the volume effects in the evolution of social benefits, contributions and contribution reductions;
5° follow the measures of the government using a dashboard.
§ 2. In order for the CFBs to carry out their missions correctly, the Public Social Security Institutions concerned with the overall management and the SPFs concerned provide the CFBs with the necessary data regarding:
- income earned;
- expenditure;
- reductions in contributions made;
- the evolution of the workforce and the average amounts.
These data are then consolidated and analyzed by the Social Security SPF. The result is discussed in the respective CFBs and the causes of increases in price and volume effects per branch of social security are analysed. Particular attention is given to the mutual effects. If there is a risk of derailment, the relevant CFB shall notify the Government, the Social Security Management Committee and the General Management Committee for the Social Status of Independent Workers. She asks the relevant IPSS management committees to provide explanations and possibly propose measures to correct the risk of derailing.
CFB ONSS meets at least once a month. The CFB INASTI meets at least once a quarter.
Art. 28. § 1^er. The ONSS CFB is chaired by the ONS-Gestion Global. The CFB INASTI is presided over by INASTI-Global Management.
§ 2. The CFBs are composed of experts-representatives of the global management IPSS concerned and experts-representatives of SPF Social Security, SPF Budget and Control of Management and SPF Finance. A Finance Inspector may also participate in CFBs.
§ 3. Within the CFBs of working groups with different compositions may be established in order to carry out the tasks set out in section 27.
Art. 29. In preparation for the initial budget and budgetary controls, and following the work carried out under section 27, the CFB prepares a report, respectively, to the Social Security Management Committee and the General Management Committee for the Social Status of Independent Workers. The report is attached to the report that both Committees are to submit to the Government.
CHAPTER 6. - Changes in the financing of unfit expenditure on social security
Art. 30. Article 21, § 2, 2°, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Royal Decree of 8 August 1997, is replaced by the following:
"2° unemployment benefits, including benefits for the unemployment regime with an additional company, interruption allowances for the general credit-time plan and interruption allowances for the thematic leave of workers in the private sector;".
Art. 31. In section 56 of the Act of 26 June 2002 on business closures, amended by the Act of 11 July 2006, the words "funding of the Federal Authority." are replaced by the words "a credit included in the budget of the Employment, Labour and Social Concertation SPF, intended for the financing of the cost due to the expansion of the scope of application to companies with less than twenty workers. ".
Art. 32. Article 116, paragraph 1^er, 1°, of the Program (I) Act of 27 December 2006, as amended by the Act of 21 December 2007, is supplemented by the following paragraph:
"From 1^er January 2017 this amount is funded by an annual appropriation from the SPF Social Security budget. ".
Art. 33. Non-police initiatives referred to in Article 21 of the Act of 12 May 2014 establishing the Office of special social security schemes are financed by an annual credit in the federal budget.
Art. 34. The interruption allowances for career interruptions, other than those referred to in Article 21, § 2, 2°, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Royal Decree of 8 August 1997, paid by the National Employment Office, are financed by an annual allocation, included in the budget of the Employment, Labour and Social Concertation SPF.
CHAPTER 7. - Amendments
Art. 35. In Article 4ter, § 2, of the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Welfare, inserted by the Act of 10 July 2016, the following paragraph is inserted between paragraphs 5 and 6, which becomes paragraph 7:
"The senior officials of the Public Social Security Institutions (IPSS) who are part of the Global Management of Employee Workers, or their representatives, as well as a representative of the SPF Social Security, a representative of the SPF Budget and Control of Management and the Inspector of Finance who is accredited to the SPF Social Security attend the meetings of the Social Security Management Committee in a consultative capacity."
Art. 36. Section 8ter of the Act, inserted by the Act of 30 March 1994 and replaced by the Act of 21 December 1994, is repealed.
Art. 37. Section 19bis, 5°, of the same Act, inserted by the Act of 30 March 1994 and replaced by the Act of 21 December 1994, is repealed.
Art. 38. Article 19 of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, replaced by the Act of 26 March 2007, is repealed.
Art. 39. Article 24, § 1quinquies, of the law of 29 June 1981 establishing the general principles of social security of wage workers, inserted by the law of 26 March 2007 and supplemented by the law of 1^er July 2016, is repealed.
Art. 40. In section 26 of the Act, the following amendments are made:
1° to paragraph 1^er, replaced by the Royal Decree of 8 August 1997, the words ", referred to in Article 1^er of the Act of 29 December 1990 on social provisions," are repealed;
2° Paragraph 2, replaced by the Royal Decree of 8 August 1997, is repealed.
Art. 41. In the Social Provisions Act of 29 December 1990, the following sections are repealed:
1° Article 1^erlast amended by the Act of 11 July 2005;
2° Articles 2, 3, 4 and 5;
3° Article 6, last amended by the Act of 26 July 1996.
Art. 42. In section 191, paragraph 1^erof the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, the following amendments are made:
1° on 3°, restored by the law of 22 December 2003 and last amended by the law of 10 December 2009, is repealed;
2° on 4°, restored by the law of 22 December 2003 and amended by the law of 26 March 2007, is repealed;
3° 5°, restored by the law of 22 December 2003, is repealed;
4° on 5bis°, inserted by the law of 27 December 2005, is repealed.
Art. 43. In article 3 of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of self-employed persons, pursuant to chapter I of Title VI of the Act of 26 July 1996 on social security modernization and the sustainability of legal pension schemes, the following amendments are made:
1° 2° is replaced by the following:
"2° a state subsidy referred to in Article 22 of the Act of 18 April 2017 on the reform of the financing of social security; ";
2° on 3°, replaced by the law of 22 December 2008, is replaced by the following:
"3° the income of alternative financing referred to in sections 9 to 15, 19 and 20 of the Act of 18 April 2017 on the reform of the financing of social security, intended for the Fund for the Financial Balance of the Social Status of Independent Workers, referred to in article 21bis of Royal Decree No. 38;"
3° Article 3 is supplemented by the 7° written as follows:
"7° a balance endowment, referred to in section 24 of the Act of 18 April 2017 on the reform of social security financing; ";
Art. 44. Article 6, § 1quinquies, of the same Royal Decree, inserted by the law of 27 March 2007 and amended by the law of 1 July 2016, is repealed.
Art. 45. In the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and with various provisions, the following articles are repealed:
1° Article 46, replaced by the law of 19 July 2001;
2° Article 47, § 3.
Art. 46. In the Programme Act of 2 January 2001, the following items are repealed:
1st Article 65;
2° Article 66, last amended by the law of 1^er July 2016;
3° Article 67bis, inserted by the law of 22 December 2003 and last amended by the law of 8 June 2008;
4° Article 67ter, inserted by the law of 22 December 2003 and last amended by the law of 27 December 2006;
5° Article 67quater, inserted by the law of 22 December 2003;
6° Article 67quinquies, inserted by the law of 20 July 2005.
Art. 47. Section 36 of the Act of 22 May 2001 relating to workers' capital and corporate profits plans, as amended by the Act of 30 December 2001, is repealed.
CHAPTER 8. - Final provision
Art. 48. This Act produces its effects on 1^er January 2017.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 18 April 2017.
PHILIPPE
By the King:
The Minister of Social Affairs,
Mr. DE BLOCK
Minister of Independents,
W. BORSUS
The Minister of Finance,
J. VAN OVERTVELDT
Seal of the State Seal:
The Minister of Justice,
K. GEENS
____
Note
(1) Session 2014-2017.
House of Representatives
Documents. 54 - 2229/11