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Act Amending The Name Of The National Office For Pensions In Federal Pension Services, Integration Of Allocations And The Staff Of The Pensions Of The Public Sector, Missions 'pensions' Of Local Areas And

Original Language Title: Loi portant modification de la dénomination de l'Office national des Pensions en Service fédéral des Pensions, portant intégration des attributions et du personnel du Service des Pensions du Secteur public, des missions « Pensions » des secteurs locaux et

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belgiquelex.be - Carrefour Bank of Legislation

18 MARCH 2016. - An Act to amend the name of the National Pension Office in the Federal Pension Service, to include the functions and staff of the Public Sector Pension Service, the " Pensions" missions of the local and provincial sectors of the Office of Specific Social Security Plans and HR Rail and to revoke the Collective Social Service of the Office of Special Social Security Plans (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision and definitions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. For the purposes of this Act, it shall be understood by:
1° Royal Decree No. 50: Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers;
2° Royal Decree No. 72: Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of independent workers;
3° the law of 12 January 2006: the law of 12 January 2006 establishing the "Public Sector Pension Service";
4th Service: the Federal Pension Service referred to in Article 40 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers;
5° the SdPSP: the Public Sector Pension Service created by the law of 12 January 2006 establishing the Public Sector Pension Service;
6° the ORPSS: the Office of Special Social Security Plans referred to in section 3 of the Act of 12 May 2014 establishing the Office of Special Social Security Plans;
7° HR Rail: Anonymous public law company HR Rail referred to in section 22 of the Act of 23 July 1926 on the SNCB and personnel of the Belgian Railways;
8° INASTI: The National Institute of Social Insurance for Independent Workers referred to in Article 21 of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
9° the Minister: the Minister who has the pensions of employees and the public sector in his duties;
10° public sector pensions;
(a) Retirement and Survival Pensions of the Public Treasury;
(b) the additional pension benefits granted to persons who have been designated to perform a management or supervisory function in a public service;
(c) retirement and survival pensions and benefits, taking place granted to staff members, as well as to members of the management, administration and management bodies appointed by the King or by the appointed assembly;
- provinces, municipalities, municipalities, municipalities, federations of municipalities, associations of communes, community commissions, CPAS and CPAS associations, as well as public institutions that depend on either of these authorities;
- Integrated Police;
- emergency areas established on the basis of the Civil Security Act of 15 May 2007;
- bodies to which Royal Decree No. 117 of 27 February 1935 applies, establishing the status of pensions of staff of autonomous public institutions and of government officials;
- bodies of public interest to which the Act of 16 March 1954 relating to the control of certain public bodies is applicable;
- organizations to which the Act of 28 April 1958 applies relating to the pension of staff of certain public bodies and their beneficiaries;
- autonomous public enterprises not referred to above;
- other bodies, regardless of the legal form in which they have been established, in which the public authorities assume a dominant role;
- non-target public legal entities that depend on communities or regions;
(d) the retirement and survival pensions granted to permanent or provincial deputies, mayors and echelons, as well as to the agents of the towns, federations of communes, associations of communes, community commissions, public centres of social action and other bodies, regardless of the legal form in which they were established, in which the public authorities assume a prominent role;
It is also considered public-sector pensions, all benefits to pensions referred to in (a) to (d).
11° compensation pensions and war rents:
(a) compensation pensions for military victims of the war, as well as peacetime repair pensions;
(b) the annuities of front and captivity chevrons of war 1914-1918, the annuities of combatant, the annuities of captivity, the annuities of mobilised and the annuities of forcefully incorporated into the German army;
(c) annuities related to national orders;
(d) Pensions and annuities granted to beneficiaries of a pension or annuity referred to in (a) and (b).
PART 2. - Change of Name of National Pension Board in Federal Pension Service
Art. 3. The National Pension Office created by section 40 of Royal Decree No. 50 is now known as the "Federal Pension Service", shortened by the SFP.
PART 3. - Service missions
CHAPTER 1er. - Missions under the National Office
Pensions became the Federal Pension Service
Section 1re. - Allocation missions
Art. 4. The Service is responsible for the granting of the law:
1° to the pension of employed workers;
2° to the survival pension of employed workers;
3° to the transition allowance of employees;
4° to the guarantee of income to older persons;
5° to ancillary benefits to benefits under 1° to 4° included.
Section 2. - Payment missions
Art. 5. The Service is responsible for the payment:
1° of pension, survival pension and transition allowance of employed workers;
2° of conditional and unconditional pension, conditional and unconditional survival pension and transition allowance for self-employed persons;
3° guaranteed income to older persons and guaranteed income to older persons;
4° of the supplementary allowance, the supplementary allowance for the guaranteed income to the elderly and the allowance for the assistance of a third person in the disability benefit scheme;
5° the old-age pension and the widow ' s pension;
6° of benefits to benefits covered by 1° to 3° included.
Section 3. - Mission of perception
Art. 6. The Service is responsible for the collection and management of the deduction product referred to in section 191, paragraph 1er, 7°, of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994.
Section 4. - Design, Study and Information Missions
Art. 7. The mission of the Service is to:
1° to issue notices and to conduct legal, statistical, actuarial, budgetary, technical and computer studies, which are related to the regulation of the granting of pensions of employed workers and the guarantee of income to older persons upon request of the Minister, upon request of the Management Committee of the Service referred to in section 34, upon request of the Centre of Expertise created by the law of 21 May 2015 establishing a National Committee of Pensions,
2° to issue notices and conduct legal, statistical, budgetary, technical and computer studies related to the management of the payment of benefits referred to in section 5, upon request of the Minister, upon request of the Management Committee of the Service referred to in section 34, upon request of the General Management Committee for the Social Status of Independent Workers, upon request of the Centre of Expertise established by the law of 21 May 2015 referred to above, upon request of the INAS initiative;
3° to draft bills and draft royal decrees and ministerial decrees, including transposing international regulations into Belgian law, at the request of the minister or on his own initiative;
4° to carry out any mission entrusted to him by the minister.
Art. 8. The Service shall inform, on initiative or upon request, interested citizens and socio-economic and professional communities, as appropriate:
1° on their (future) rights to benefits referred to in Article 4;
2° on payment of benefits referred to in Article 5;
3° on the content of the regulation of benefits referred to in section 4;
4° on statistical and actuarial data on employee pensions.
Section 5. - Missions relating to supplementary pensions of employed workers
Art. 9. The Service's mission is to establish and manage extra-legal benefits in accordance with section 22, § 2, of the Act of 12 July 1957 on employee pension and survival.
CHAPTER 2. - Public Sector Pension Service and transferred to the Federal Pension Service
Section 1re. - Transfer of missions
Art. 10. The missions entrusted to the PSS under the Act of 12 January 2006 and listed in sections 11 to 16 are transferred to the Service.
Section 2
Public sector pension missions
Sub-section 1re. - Design and Study Missions
Art. 11. The mission of the Service is to:
1° the design, preparation and support of the policy.
However, in respect of pensions granted to former staff members, as well as to former members of the management, administration and management bodies of public legal entities that depend on communities or regions, this mission is limited to matters that fall within the jurisdiction of the federal authority.
The Service may, upon request of the Minister, at the request of the Joint Committee to all public services referred to in Article 3, § 1er, 3°, of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities, upon request of the Centre of Expertise established by the Act of 21 May 2015 referred to above, or on its own initiative, carry out legal, statistical, actuarial, budgetary, technical and computer studies related to the legislation and regulations relating to public sector pensions;
The Service may, upon request of the Minister, upon request of the Management Committee referred to in section 34, upon request of the Joint Committee to all public services referred to in section 3, § 1er, 3°, of the aforementioned law of 19 December 1974, upon request of the Centre of Expertise created by the law of 21 May 2015 mentioned above, or of its own initiative, carry out legal, statistical, actuarial, budgetary, technical and computer studies related to the management of payments of benefits referred to in article 13, 1° and 5°;
2° the drafting of draft laws or royal decrees and regulations, including the possible transfer of international regulations into Belgian law;
3° to carry out any mission entrusted to it by the Minister in particular with a view to ensuring uniform compliance and enforcement of public sector pension legislation and regulations. To this end, the Service may, inter alia, be empowered to monitor the legality and rate of public-sector pensions granted by non-public pension management organizations;
4° to issue opinions on any issues related to public sector pensions or a category of them.
Sub-section 2. - Financial missions
Art. 12. The mission of the Service is to:
1° to collect revenue from its missions;
2° to individually control, for each social insured, the contributions paid in his or her name.
Subsection 3. - Implementing missions
Art. 13. The mission of the Service is to:
1° to fix the right:
(a) retirement and survival pensions, pensions and allowances of the Treasury;
(b) Retirement and Survival Pensions:
- dependant on the pension plan established by the Act of 28 April 1958 on the pension of staff of certain public interest agencies and their eligible persons;
- in charge of the solidarized pension fund of provincial and local governments, referred to in Article 3, 5), of the Act of 24 October 2011 providing perennial pension funding for staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions and containing various amended provisions;
- the Federal Police Pension Fund;
- dependant on the authorities or public bodies that have entrusted, by agreement, the management of their pensions to the Service and on the responsibility of the authorities or public bodies that have entered into a pension plan agreement with a pension institution that has entrusted, in subcontract, the management of such pensions to the Service. The Service submits the proposed award of these benefits to the approval of the authority or public body concerned.
2° to fix the amount of pensions, rents and allowances referred to in 1°;
3° ensure the management and monitoring of pensions, pensions and allowances referred to in 1°;
4° to pay, when the conditions for payment of these benefits are met, the benefits referred to in 1°;
5° to pay annuities for compensation for damage caused by accidents at work, accidents on the way to work and occupational diseases with the Public Treasury;
6° to exercise, on behalf of the federal authority, subrogation or civil liability actions directed against persons responsible for the accident or occupational illness, in the case of annuities from the public treasury granted to staff members whose remuneration is not the responsibility of the public treasury or their beneficiaries.
Section 3. - Missions in the area of compensation pensions and war rents
Sub-section 1re. - Design and Study Missions
Art. 14. The mission of the Service is to:
1° the design, preparation and support of the policy.
The Service may, at the request of the Minister or on its own initiative, conduct legal, statistical, actuarial, budgetary, technical and information technology studies related to legislation and regulations relating to compensation pensions and war rents;
The Service may, at the request of the Minister, at the request of the Service Management Committee referred to in section 34 or on its own initiative, conduct legal, statistical, actuarial, budgetary, technical and computer studies related to the management of payments of benefits referred to in section 15, 1°;
2° the drafting of draft laws or drafts of royal decree and regulations;
3° to issue notices on any issue related to compensation pensions and war rents.
Sub-section 2. - Implementing missions
Art. 15. The mission of the Service is to:
1° to set the right to compensation pensions and war rents;
2° to fix the amount of pension and pension referred to in 1°;
3° ensure the management and follow-up of pensions and pensions referred to in 1°;
4° to pay, when the conditions for payment of these benefits are met, the benefits referred to in 1°.
Section 4. - Information missions
Art. 16. The Service shall inform the public and interested socio-economic and professional communities, as appropriate:
1° on their (future) rights to public sector pension benefits and compensation pensions and war rents;
2° on the content of public sector pension legislation and regulations;
3° on the content of the legislation and the regulation of compensation pensions and war rents;
4° on statistical and actuarial data on public sector pensions, including through an annual report.
CHAPTER 3. - Missions under the Office of Special Social Security Plans and transferred to the Federal Pension Service
Section 1re. - Transfer of missions
Art. 17. The pension assignments entrusted to the OPRS under the Act of 12 May 2014 establishing the Office of Special Social Security Plans and listed in sections 18 to 26 inclusive are transferred to the Service.
Section 2. - Missions in the area of statutory staff pension
Art. 18. The Service is responsible for the implementation of the Act of 24 October 2011 providing for the permanent funding of pensions of staff appointed on a final basis by provincial and local governments and local police zones and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amendments, with the exception of the collection and recovery tasks referred to in sections 5/1, 1 and 5 §/2er of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
Section 3. - Collective social service of provincial and local governments
Art. 19. § 1er. Provincial and local governments can voluntarily join the Collective Social Service of provincial and local governments.
The procedure for the introduction of the application shall be determined by the Management Committee of the Collective Social Service referred to in Article 51. The application must be accompanied by a deliberation of the competent authorities approved by the guardianship authority.
Membership takes place on 1er quarter day that follows the month in which the application for affiliation was filed.
At the end of each year, affiliated governments can end their voluntary membership. The application for deaffiliation, which can only be filed electronically, is effective on December 31 of the calendar year provided that it was introduced by September 30th. If this is not the case, disaffiliation only produces its effects on December 31 of the following year.
§ 2. The Management Committee of the Collective Social Service may authorize certain public employers who do not have the quality of provincial or local administration to join the Collective Social Service.
Terms and conditions for the affiliation and disaffiliation of the jurisdictions referred to in paragraph 1er and the method of payment of the contribution due thereto shall be determined by the Management Committee of the Collective Social Service.
§ 3. Administrations that, as of December 31, 2016, are affiliated with the ORPSS Collective Social Service are, in full right, affiliated with the Provincial and Local Government Collective Social Service from 1er January 2017. The same is true of the jurisdictions that had applied to join the ORPSS Collective Social Service at 1er January 2017.
Art. 20. § 1er. Following the affiliation referred to in section 19, persons who are likely to benefit from the interventions of the Collective Social Service are distributed as direct beneficiaries and indirect beneficiaries.
§ 2. The direct beneficiaries are:
1st appointees and interns as well as contractual agents for which the affiliate pays the employer fee provided for in section 23;
2° the agents referred to in 1° after their retirement;
3° the contractual agents referred to in 1° after their retirement.
§ 3. Indirect beneficiaries are:
1° the spouse, partner, children and other family members of a direct beneficiary referred to in paragraph 2 living under the same roof as the latter and who are considered to be dependants under the conditions established by the Management Committee of the Collective Social Service;
2° the unremarried surviving spouse of a person who at the time of his death was a direct beneficiary and provided that his or her resources do not exceed an amount determined by the Management Committee of the Collective Social Service;
3° orphans of a person who at the time of his death was a direct beneficiary, as long as they receive family allowances;
4° the ascendants of a person who at the time of his death was a direct beneficiary and meets the conditions established by the Management Committee of the Collective Social Service;
5° if the application for affiliation makes reference to it, the quality of beneficiary may, under the motivated agreement of the Management Committee of the Collective Social Service, under certain conditions, be recognized to the officers of an administration referred to in section 19 who are already pensioned on the date on which that administration is refined.
§ 4. The direct beneficiaries referred to in paragraph 2, 2° and 3° and all indirect beneficiaries referred to in paragraph 3 that are established abroad lose the benefit of the interventions of the Collective Social Service.
In the event of a final return to Belgium, beneficiaries who had lost the benefit of the interventions of the Collective Social Service pursuant to paragraph 1er may again claim these interventions.
Art. 21. The collective services offered by the Collective Social Service consist of:
1° general or personalized information made available to affiliated administrations and beneficiaries in various social matters;
2° advice or support for beneficiaries in certain steps in their professional life or privacy;
3° certain premiums on the occasion of professional or private life events;
4° certain interventions and benefits to beneficiaries in the event of illness, setback, family misfortune or other exceptional and unforeseen circumstances;
5° access to the collective insurance contract for provincial and local governments;
6° access to holidays.
Art. 22. The Management Committee of the Collective Social Service determines the premiums, interventions and benefits that may be granted to beneficiaries under section 21, 3 and 4, as well as the procedures for the introduction of applications.
It sets out the rules to which premiums, interventions and benefits are subordinated. The regulations containing these rules are approved by the Minister.
He can:
1° subordinating the granting of interventions and benefits to a pre-social investigation or a condition of resources;
2° limit the duration of the intervention or advantage over time;
3° extend the categories of beneficiaries.
The action of the Collective Social Service cannot be substituted for the action that is legally vested in other organizations. His action is always complementary and suppletive.
Art. 23. Employers affiliated with the Collective Social Service are required to pay a employers' contribution for each agent appointed on a final or intern basis as well as for each agent engaged in a contract of employment, excluding student contracts, who is entitled to an activity or a dependent expectation treatment of the affiliated employer, with the exception of teaching staff admitted to a subsidy-contract.
The employer contribution is due from the day on which membership in the Collective Social Service takes place until the day on which the eventual resignation produces its effects.
Art. 24. § 1er. The special reserve fund of the Collective Social Service referred to in Article 4bis of the Royal Decree of 25 May 1972, establishing a collective social service for the staff of provincial and local governments, is powered by:
1° the potential surplus of employer contributions;
2° the contribution increases and the default interest, if any, applied to these contributions;
3° interest generated by this reserve fund and by employer contributions.
§ 2. The special reserve fund of the Collective Social Service is used for the granting of interventions:
1° in advance, pending receipt of contributions;
2° where the amount of employer contributions received at the end of an exercise is insufficient.
Art. 25. The Management Committee of the Collective Social Service may, on a reasoned proposal, decide to use the special reserve fund to finance the exceptional needs of the Collective Social Service.
Art. 26. A report on the day-to-day management of the Collective Social Service is provided each quarter to the Management Committee of the Collective Social Service. This report is prepared by the person responsible for the daily management of the Service, its deputy or representative.
Section 4. - Transfers of certain funds
Art. 27. The funds listed below are transformed into funds from the Service and maintain their destination. Their assets as at 31 December 2016 are transferred to the Service:
1° the reserve fund of the common pension plan of the local authorities referred to in Article 4, § 2 of the Act of 24 October 2011 referred to above;
2° the depreciation fund for the increase in pension contributions referred to in Article 4, § 3 of the Act of 24 October 2011 referred to above;
3° the special reserve fund referred to in Article 4bis of the Royal Decree of 25 May 1972 referred to above.
CHAPTER 4. - HR Rail missions and transferred to the Federal Pension Service
Art. 28. The assignments entrusted to HR Rail under Article 23, § 1er, 5° and section 81, 8° of the Act of 23 July 1926 relating to the SNCB and the personnel of the Belgian Railways listed in section 29 are transferred to the Service.
Art. 29. The Service is responsible for the granting, payment and management of statutory pensions on the basis of Article 159 of the Programme Law of 27 December 2005 and in accordance with the Royal Decree of 28 December 2005 on the resumption of pension obligations of the SNCB-Holding by the Belgian State and its enforcement orders.
Art. 30. HR Rail is acting as an agent of the Service for the payment of retirement and survival pensions to former members of the statutory staff of the SNCB-Holding or HR Rail and their beneficiaries. To this end, a convention is concluded between the Service and HR Rail, which defines the legal and practical terms that this payment is made.
CHAPTER 5. - Common provision
Art. 31. The King may, by order deliberately in the Council of Ministers, entrust to the Service any other pension and benefit mission referred to in Chapter 1er 4.
PART 4. - Transfer of PSSP staff to the Federal Pension Service
Art. 32. § 1er. All people who, at 1er April 2016, carrying out their activities within the PSS, are, with effect on that date, transferred to the Service.
The same is true for SdPSP agents who at 1er April 2016 is temporarily absent as well as for those who have been recruited prior to the latter date for entry into office from that same date.
The King shall establish a nominative list of persons transferred to the Service pursuant to paragraphs 1er and 2. This list is published in the Belgian Monitor.
The transfers referred to in this paragraph do not constitute new appointments.
§ 2. Transferred personnel retain the status of an intern officer, a final officer or a contractual staff member on the eve of their transfer. They also retain their grade or class.
The intern officer is considered to be a holder of the grade or class for which he became a candidate.
§ 3. Transferred officers retain their seniority of level, grade, service, class and scale.
§ 4. Transferred officers retain their assessments obtained pursuant to the Royal Decree of September 24, 2013 on the evaluation in the federal public service. These evaluations remain valid until a new evaluation is issued within the Service.
§ 5. Staff who are awarded a higher-level review or comparative selection or a grade progress review or selection or a portion of these reviews or selections that have been conducted within the SdPSP retain the benefits associated with this success.
§ 6. Until new provisions come into force in the Service, staff members who were part of the PSSP remain subject to the provisions applicable to them in respect of allowances, allowances, allowances and other benefits within the PSSP. They retain the benefit only provided that these benefits have been regularly granted to them and that the conditions to which their grant is subordinate remain in the head of beneficiaries.
§ 7. All SPPD staff are transferred with maintenance of the baremic scale and the pecuniary seniority that were theirs on the eve of their transfer under the regulatory provisions applicable to them on that date. In any case, they must continue to benefit from the same treatment as they would have benefited if they had been able to continue their career at the SdPSP.
§ 8. Staff members in service at the SdPSP in the context of a contract of work shall, by simple signature of an agent to their contract of work, be entitled to the same contract with the Service.
Art. 33. § 1er. All Public Treasury Dependant Pensions Underway at 1er April 2016 granted to former staff members of the PSPS or the Pension Administration of the Ministry of Finance, are, from that same date, repeated by the pension plan established by the Act of 28 April 1958 on the pension of members of certain public interest bodies and their beneficiaries.
§ 2. The equivalent of the pension charge taken under paragraph 1er, shall be paid to the Service and shall be added each year to the staffing to cover the management costs referred to in section 72, paragraph 1erTwo.
§ 3. For the purposes of section 13 of the Act of April 14, 1965 establishing certain relationships between the various public sector pension plans, the services rendered to the PSSP or the Pension Administration of the Ministry of Finance are considered to be services provided to the Service.
PART 5. - Administrative Organization of the Federal Pension Service
CHAPTER 1er. - Federal Pension Service Management Committee
Art. 34. The Service is administered by a Management Committee, referred to as the Management Committee of the Service, which has all the necessary powers to manage the Service.
The Service Management Committee is responsible for the management of financial resources referred to in Section 1re and 3 of chapter 2 of title 6.
The King sets out the rules relating to the placement of the Service's availabilities relating to the financial means referred to in paragraph 2.
Art. 35. The Service Management Committee may submit proposals to the Minister for amendments to the laws and decrees concerning the pension of employees. If a proposal has not been unanimous, the report to the Minister sets out the various opinions expressed.
The Service Management Committee may also provide advice to the Minister on all bills or amendments relating to the pension legislation of employed workers and before Parliament.
Art. 36. Except in the event of an emergency, the Minister shall submit to the notice either of the National Labour Council or of the Service Management Committee, any preliminary bill or draft organic or regulatory order, to amend the pension laws or regulations of employees or concerning the personnel framework and structure of the Service.
The Service Management Committee shall give notice within one month. At the request of the Minister, this period may be reduced to ten calendar days.
If the Minister invokes the emergency, he shall inform the Chair of the Service Management Committee.
Art. 37. The Service Management Committee is required to provide the Minister with the budgetary impact of any proposed amendments to existing legislation.
Art. 38. All staff of the Service are appointed, promoted and revoked by the Service Management Committee, in accordance with the Staff Regulations of Public Social Security Institutions, with the exception of staff members who have a management function.
The holders of management, management and management functions are designated in accordance with the provisions of the Royal Decree of 30 November 2003 on the designation, exercise and weighting of management functions as well as the designation and exercise of supervisory and managerial functions in public social security institutions.
Art. 39. § 1er. The Service Management Committee is composed of:
1° of a president;
2° of an equal number of representatives of the representative organisations of employers and workers, who have only a deliberative voice.
The number of effective and alternate members of the Service Management Committee shall be determined by the King after consultation with employers and workers ' organizations to nominate candidates.
§ 2. The King shall appoint the members of the Management Committee of the Service on double lists submitted by the representative organizations referred to in paragraph 1er.
To be a member, you must be Belgian and at least 21 years old.
§ 3. The King appoints the president. This one must:
1° be Belgian;
2° be at least 30 years of age;
3° be independent of the organizations represented in the Service Management Committee;
4° do not fall within the authority of a minister.
§ 4. The term of office of the President and members of the Service Management Committee is six years. It can be renewed.
It is provided within three months for the replacement of any member who has ceased to be a member of the Service Management Committee before the normal expiry date of its term.
In this case, the new member completes the term of the member he replaces.
Art. 40. § 1er. On the advice of the Service Management Committee, the King may establish, within the Service, one or more technical committees to which he or she determines the functions. These technical committees are responsible for clarifying the Service Management Committee in its mission.
They are composed of persons proposed by organizations interested in the application of the laws and decrees which the Service ensures the application, or persons chosen because of their particular competence.
The relationship between the Service Management Committee and the Technical Committees is specified by the rules of procedure of the Service Management Committee.
§ 2. The King shall designate, on the advice of the Service Management Committee, organizations authorized to be represented in the Technical Committees.
The representatives of these organizations are appointed by the King on double lists submitted by these organizations.
The King also appoints the persons who will sit on the technical committees because of their particular competence.
Art. 41. The Service Management Committee sets out its rules of procedure that include:
1st the rules concerning the convening of the Service Management Committee at the request of the Minister or his representative, the President, the person responsible for Daily Management or two members;
2° the rules relating to the chairmanship of the Service Management Committee, in the event of the absence or incapacity of the President;
3° the presence of at least half of the representatives of employers' organizations and workers' organizations to deliberate and make valid decisions, as well as the voting procedures within the Service Management Committee;
4° the rules concerning the restoration of parity where members representing employers' organizations and workers' organizations are not present in equal numbers at the time of voting;
5° the determination of daily management actions;
6° the relationship to be established between the Management Committee of the Service and the Technical Committees, including the possible representation of the latter at the meetings of the Management Committee, as well as the representation of the Management Committee of the Service at the meetings of the Technical Committees;
7° the procedure for exercising the powers of the technical committees;
8° the conditions under which the Management Committee of the Service may use persons specially competent for the examination of specific issues;
9° the possibility for the members of the Service Management Committee to be assisted by technical advisors and the compensation to be paid to these persons.
Art. 42. The Service Management Committee shall be one or more staff of the Service in charge of its secretariat.
It also designates one or more personnel responsible for the secretariat of the Council for the payment of benefits referred to in section 62.
Art. 43. Where the Service Management Committee fails to take a measure or perform an act prescribed by law or regulations, the Minister may substitute for him after having invited him to take the necessary measures or to perform the necessary actions within the time he or she fixes, without the Minister being less than eight days.
It is, among other things, that when the measure cannot be taken or the act cannot be performed because the president observes only two sessions and on the same point, no majority was reached during the vote.
The Minister may exercise the functions of the Service Management Committee when and as long as the Service is unable to act:
1° by the fact that employers' or workers' organizations, regularly invited to submit their lists of candidates for the establishment of the Service Management Committee, fail to do so within the specified time limits;
2° if, notwithstanding the regular summons, the Service Management Committee is unable to function by the repeated absence, by the majority of the members representing the employers or members representing the workers;
3° by the fact that the president and the members are not yet appointed.
Art. 44. The King sets out the allowances to be paid to the President and members of the Service and Technical Committee Management Committee. These allowances are borne by the Service.
CHAPTER 2. - The Pension Management Committee for Employees
Art. 45. A Committee for the Management of Supplementary Pensions for Employees referred to in Article 9.
Art. 46. The King fixed:
1° the competence of this Committee;
2° its composition, which includes a president and an equal number of representatives of representative organizations of employers and workers as well as the deputy head and deputy head of the Service;
3° the modalities for the designation of its president, its members and their alternates.
Art. 47. The Commissioner of the Government appointed within the Service attends meetings of this Management Committee, but without being able to exercise the remedy referred to in Article 23, § 3, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes.
Art. 48. The Pension Management Committee for Employees sets out its rules of procedure, which include:
1° the rules concerning the convening of the Complementary Pension Management Committee for Employees at the request of the Minister or his or her representative, the President, the person responsible for Daily Management or two members;
2° the rules relating to the chairmanship of the Committee for the Management of Complementary Pensions of Employees, in the event of absence or incapacity of the Chairperson;
3° the determination of the daily management acts entrusted to the deputy head.
Art. 49. The Service Management Committee, supplemented by the deputy head and deputy head of the Service, may exercise the functions of the Employees Supplementary Pension Management Committee when and as long as the chair is not appointed and members are not appointed.
CHAPTER 3. - Relevant Management Committees for Provincial and Local Administration Officers
Section 1re. - The Pension Management Committee for Statutory Agents of Provincial and Local Government
Art. 50. § 1er. It is established within the Service a Provincial and Local Administration Pension Management Committee that is competent for the substances listed in section 18.
§ 2. This Management Committee is composed of:
1° of a president;
2° of fourteen members who have only a deliberate vote.
The President is appointed on the Minister's proposal.
Six members represent local governments, including:
1° three are appointed on the proposal of the "Vereniging van Vlaamse Steden en Gemeenten" (VVVSG);
2° two on the proposal of the Union des Villes et Communes de Wallonie;
3° one on the proposal of the Association de la Ville et des Communes de la Région de Bruxelles-Capitale.
A member represents the provinces. He was successively appointed on the proposal of "Vereniging van de Vlaamse provincies" and on the proposal of the Association of Walloon Provinces.
Seven members represent workers in the provincial and local sector and are appointed on the proposal of representative organizations of workers serving on the provincial and local public services committee referred to in Article 3, § 1er2° of the law of 19 December 1974 referred to above.
Section 2. - The Management Committee of the Collective Social Service
Art. 51. § 1er. It shall be established within the Service the Management Committee of the Collective Social Service which shall be competent for the substances referred to in articles 19 to 26.
§ 2. This Management Committee is composed of:
1° of a president;
2° of six members with only deliberative votes.
The Chair is the Chair of the Provincial and Local Administration Pension Management Committee or its representative.
Three members represent the representative organizations of employers serving on the Provincial and Local Administration Pension Management Committee.
Three members represent the representative organizations of workers serving on the Provincial and Local Administration Pension Management Committee.
All members must be part of organizations representing administrations affiliated to the Collective Social Service.
Section 3. - Common provisions
Art. 52. The President and members of the Management Committees referred to in Articles 50 and 51 shall be appointed by the King for a period of six years. Their mandate is renewable.
In the event of death, resignation or revocation of a member referred to in paragraph 1er, the new member completes the mandate of the one to which he succeeds.
Art. 53. The Government Commissioner and the Budget Commissioner appointed within the Service are also competent for the Management Committees referred to in Articles 50 and 51.
Art. 54. Each Management Committee referred to in sections 50 or 51 sets out its rules of procedure, including:
1° its operating mode;
2° the determination of the daily management acts entrusted to the deputy head;
3° the conditions under which each committee may delegate some of its powers to officers of the Service.
Art. 55. The allowances allocated to the President and members of the Management Committees referred to in sections 50 and 51 are identical to those granted respectively to the President and the members of the Management Committee of the Service. They're in charge of the Service.
Art. 56. The Management Committees referred to in sections 50 and 51 shall meet at the headquarters of the Service. In exceptional cases, they can be summoned to another place. The secretariat of these committees is provided by a staff member of the Service.
CHAPTER 4. - Daily management
Art. 57. The King shall designate, by order deliberately in the Council of Ministers, the holder of the management function of the deputy head who is responsible for the daily management of the Service and the holder of the management function of the deputy head, on the proposal of the Minister and the Management Committee of the Service. The King shall establish their status and the procedure for designation, by order deliberately in the Council of Ministers.
Art. 58. The deputy head shall execute the decisions of the management committees; it shall provide such committees with all information and make any proposals relevant to the operation of the Service.
He attends meetings of management committees.
It directs the staff and ensures, under the authority and control of the Service Management Committee, the operation of the Service.
It exercises the day-to-day management powers defined by the rules of procedure of the management committees.
Management committees may delegate other specific powers. To facilitate the shipment of cases, management committees may, within the limits and conditions they determine, authorize the deputy head to delegate some of the powers conferred on him, as well as the signature of certain documents and correspondences.
The deputy head represents the Service in judicial and extrajudicial acts as defined in the rules of procedure of the management committees and acts validly on their behalf and on their behalf, without having to justify a decision of the management committees. However, with the agreement of the Management Committees, it may delegate to one or more staff members its authority to represent the Service before judicial and administrative courts.
Art. 59. The deputy head shall execute the Commission's decisions on payment of benefits referred to in section 62. It shall give the State party any information and submit any relevant proposals relating to the substances provided for in Article 62.
He attends meetings of the Council.
The Council may delegate to it, within the limits it determines, the powers provided for in section 62. With the Council's agreement, however, the deputy head may delegate to one or more staff members any or all of the powers conferred upon him or her.
Art. 60. The deputy head assists the deputy head in the execution of all the tasks entrusted to him.
It also attends meetings of management committees and the Council for Payment of Benefits.
If the deputy head is prevented, his or her duties shall be exercised by the deputy head and, if not an assistant deputy head, by a staff member of the Service designated by the Service Management Committee.
Art. 61. For judicial and extra-judicial acts other than those referred to in section 58, the Service shall be represented by the person responsible for Daily Management and by the Chairman of the Service Management Committee who, jointly, shall act in his or her name and on his behalf.
In the event of an incapacity of the Chair of the Service Management Committee, the Service Committee shall be replaced by a member of the Service Management Committee designated by that Committee.
In the event of absence or incapacity of the chair of the Service Management Committee, the deputy head and deputy head, the acts are performed jointly by two members appointed by the Service Management Committee.
CHAPTER 5. - The Council for Payment of Benefits
Art. 62. The Council for Payment of Benefits is competent, by derogation from article 34, paragraph 1er of this Law and Article 36, § 1er, paragraph 2, of Royal Decree No. 72, to rule on the waiver of benefits paid unduly by the Service.
The Council may also, at the request of the beneficiary of the pension, waive in whole or in part the application of the sanction taken in respect of the pension under section 39 of Royal Decree No. 50 and article 30bis of Royal Decree No. 72.
Paragraph 1er is not applicable to public sector pensions that do not fall within the purview of the Service but are managed by the Service in accordance with an agreement with a public authority or agency, unless the agreement otherwise provides.
Art. 63. § 1er. This Council is composed of:
1st of a President appointed by the King; its mandate has a duration of six years and may be renewed;
2° of six members appointed by the Board of Directors of INASTI;
3° of six members designated by the Service Management Committee;
4° of six members appointed by the Minister.
Only members referred to in paragraph 1er, 2°, 3° and 4° have a deliberate voice.
The Government Commissioner and the representative of the Minister of Finance attend Council meetings, with an advisory vote.
§ 2. The Commission sets out its rules of procedure, which include:
1st the rules concerning the convening of the Council at the request of the Minister or his representative, the President, the person responsible for Daily Management or two members;
2° the rules relating to the Presidency of the Council, in the event of absence or incapacity of the President;
3° the rules concerning the presence quorum;
4° the limits in which it may delegate the power referred to in section 62 to the deputy head.
§ 3. Decisions are made by a majority of at least two thirds of the members present concerned.
Derogation from paragraph 1er, decisions waiving the recovery of unduly paid benefits and the application of the penalty for the pension beneficiary are made by a simple majority, respectively by the members referred to in paragraph 1erParagraph 1er2°, paragraph 1erParagraph 1er, 3° or 1erParagraph 1er, 4°, depending on whether the pension plan for self-employed persons is dependent on the pension plan for employed workers or dependent on one of the public sector pension plans.
§ 4. The allowances allocated to the President and members of the Council are identical to those awarded respectively to the President and to the members of the Service Management Committee. They're in charge of the Service.
Art. 64. In the event that the Council fails to take a measure or perform an act prescribed by law or regulations, the Minister may substitute for him after having invited him to take the measures or to perform the acts within the time limit that he or she sets, without the Minister being less than eight days.
The Minister may exercise the powers of the Council when and as long as the President is not appointed or members are not appointed.
PART 6. - Budget, funding and allocation of management costs
CHAPTER 1er. - Budget
Art. 65. The Service's budget consists of a mission budget and a management budget, in accordance with Article 11 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Modernization of Social Security Act of 26 July 1996 and ensuring the viability of legal pension plans.
CHAPTER 2. - Financing of missions
Section 1re. - Funding of the missions under the National Pension Board became the Federal Pension Service
Art. 66. Expenditures resulting from the implementation of pension provisions of employed workers are covered by:
1° the contributions referred to in Article 3, paragraph 3, of Royal Decree No. 50;
2° deductions made pursuant to Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability benefits;
3° the contributions referred to in Article 8 and the allowance referred to in Article 10 of the Royal Decree of 27 July 1971 determining for professional journalists the special rules for the opening of the right to pension and the special procedures for the application of the Royal Decree No. 50, of the law of 20 July 1990 establishing a flexible age of retirement for employees and adapting the pensions of employees to the evolution of the good 23 July
4° the refund made by the State under Article 5, paragraph 1er, 1°, of the Royal Decree of 27 December 1977 enforcing Chapter III, Section 5 - Special Prepension for Older Unemployed Persons - and Chapter V, Section 6 - Special Prepension for Older Invalids - of the Act of 22 December 1977 on Budgetary Proposals 1977-1978;
5° the deduction referred to in Article 68, § 2, in respect of pensions of wage workers and § 5 of the Act of 30 March 1994 on social provisions;
6° other legal and regulatory revenues;
7° the balance equal to the difference on the basis of cash between expenses and revenues, to be financed by the O.N.S.-Global management under section 24 of the Act of 29 June 1981 establishing the general principles of social security of employed workers.
Art. 67. Net social spending and operating, payment and judicial costs resulting from the execution of the provisions of Royal Decree No. 72 are financed by the overall financial management of the social status of independent workers.
Art. 68. Net social spending and operating, payment and judicial costs resulting from the application of the law of 1er April 1969 establishing a guaranteed income for the elderly and the Act of 22 March 2001 establishing the guarantee of income for the elderly are the responsibility of the State.
Art. 69. Net social spending and operating, payment and judicial costs resulting from the application of the Act of 27 June 1969 on the granting of allowances to persons with disabilities are the responsibility of the State.
Section 2. - Funding for additional pensions for employee workers
Art. 70. The expenses of the separate management of the supplementary pensions of the employed workers referred to in article 22, § 2, of the Act of 12 July 1957 on the retirement and survival pension of the employees are financed exclusively by the own revenues of this scheme of supplementary pensions of the employed workers.
Section 3. - Funding for public sector pension and pension missions
Art. 71. For the purposes of the duties referred to in sections 11 to 16 and 29, the Service shall receive:
1° an endowment in the general budget of the expenses of the federal authority for the exercise of its statutory public sector pension duties, with the exception of pensions referred to in 4°;
2° an endowment included in the general budget of the expenses of the federal authority for the exercise of its legal duties in respect of compensation pensions, compensation pensions and war annuities;
3° an endowment included in the federal authority's general spending budget for the exercise of its legal duties in respect of occupational accident rents;
4° an endowment included in the federal authority's general spending budget for the exercise of its statutory public sector pension duties of former staff members of the SNCB-Holding and HR Rail;
5° all other income related to these missions.
CHAPTER 3. - Distribution of management costs
Art. 72. The management costs of the Service shall be apportioned as follows:
1° 77.89 per cent in charge of the tasks referred to in Chapter 1er Title 3;
2° 22.11 per cent in charge of the tasks referred to in Chapter 2 of Title 3.
Management costs referred to in paragraph 1er1°, after deduction of the operating and judicial costs referred to in sections 67 to 69 and the management costs referred to in section 70, are to be financed by the O.N.S.S.- Global management under section 24 of the Act of 29 June 1981 establishing the general principles of social security for employees. Management costs referred to in paragraph 1er, 2° are covered by an endowment included in the General Estimates of the Federal Authority and all other revenues related to the management of the Service.
The King amends, by order deliberately in the Council of Ministers, the distribution referred to in paragraph 1er :
1° to 1er January 2017;
2° each time new missions are transferred to the Service;
3° in the year following that of the expiration of each Service contract.
PART 7. - Miscellaneous provisions
Art. 73. All assets, as well as legal and contractual rights and obligations relating to the missions carried out by the PSSP, are transferred to the Service on an ex officio basis.
The King shall establish, on the proposal of the Minister, the list of property, rights and obligations transferred to the Service under paragraph 1er.
Art. 74. § 1er. The judicial proceedings in which the PSSP is a party, and which are ongoing as at March 31, 2016, are prosecuted by the Service.
§ 2. Where they relate to missions transferred to the Service, the court proceedings in which the ORPSS or HR Rail is a party and which are ongoing as of December 31, 2016, are continued by the Service.
Art. 75. The personnel of the Service designated for the monitoring and training tasks of this Service shall have for the performance of these tasks the free entry of all premises and places of work generally other than those serving in the home.
The King defines the information that employers, interested institutions and administrations are required to provide and the documents they are required to communicate to them.
Art. 76. The Service is assimilated to the State for the application of laws and regulations relating to direct taxes collected for the benefit of the State, as well as taxes collected for the benefit of the provinces and communes.
Art. 77. Whenever a statutory or regulatory provision mentions or targets the Department of Finance Pension Administration, the Public Sector Pension Service or the National Pension Board, it should be read as a reference or reference to the Federal Pension Service.
Art. 78. The King may repeal, amend, supplement or replace the legal and regulatory provisions to align them with the provisions of this Act.
Art. 79. The King may, by Royal Decree deliberated in the Council of Ministers, take all measures to resolve any difficulties that may arise in the application of this Act, in order to ensure continuity of administrative and accounting management and payment of pension obligations.
Orders adopted under paragraph 1er, may amend, supplement, replace or repeal existing legal provisions. In the absence of confirmation by law within 6 months of their publication to the Belgian Monitor, these orders are supposed to have never produced their effects.
PART 8. - Amendments and abrogations
Art. 80. Section 38 of the General Act of July 21, 1844 on civil and ecclesiastical pensions, last replaced by section 31 of the Act of January 12, 2006, is repealed.
Art. 81. Article 23, § 1er, 5° and section 81, 8°, of the Act of 23 July 1926 on the SNCB and the personnel of the Belgian Railways are repealed.
Art. 82. In Article 3, § 3ter, paragraph 6, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, as amended by the law of 30 December 1988, the words "at the National Board of Pensions" are replaced by the words "at the Federal Service of Pensions".
Art. 83. In Article 4, § 3, of the Act of 28 April 1958 on the pension of staff of certain public interest agencies and their entitled persons, as amended by the Act of 12 January 2006, the words "to the Public Sector Pension Service" are replaced by the words "to the Federal Pension Service".
Art. 84. In section 12 of the Act, replaced by the Act of 20 July 1991 and last amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 85. In section 12bis of the Act, inserted by the Act of 29 December 1990 and last amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 86. In section 13 of the Act, last amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 87. In Article 7, paragraph 1er, from the law of 30 April 1958 amending royal decrees n° s 254 and 255 of 12 March 1936 unifying the pension plans of widows and orphans of the civil staff of the State and members of the army and gendarmerie and establishing a funeral allowance for the beneficiaries of the pensioners of the State, modified by the laws of 6 May 2002 and 12 January 2006, the words "Public service"
Art. 88. In sections 14 and 18 of the Act of April 14, 1965 establishing certain relationships between the various public sector pension plans, as last amended by the Act of May 5, 2014, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 89. In Article 21, § 1erParagraph 1er, 2°, (b), of the Act of 13 June 1966 on the retirement and survival pension of workers, employees, sailors sailing under Belgian flag, minor workers and free insured persons, replaced by the Act of 10 August 2015, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 90. In Article 1410, § 4, paragraph 11, of the Judicial Code, replaced by the Act of 25 January 1999, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 91. In articles 2, 3, 36, 39, 41 and 41ter of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 92. Section 37 of the same Royal Decree, last amended by the Act of 28 April 2010, is repealed.
Art. 93. In the title of chapter X, section 1, of the same Royal Decree, as amended by the Royal Decree of 19 March 1990, the words "a National Pension Office" are replaced by the words "a Federal Pension Service".
Art. 94. In articles 40 and 41 of the same Royal Decree, the words "Cet Office" are replaced by the words "This Service".
Art. 95. In section 40, paragraph 1er, as amended by the Royal Decree of 19 March 1990, the words "a National Pension Office" are replaced by the words "a Federal Pension Service".
Art. 96. Chapter X of the same order is repealed:
Section 2, comprising sections 42 to 47, last amended by the Act of 9 July 2004;
2° Section 3, comprising sections 48 to 51, last amended by the Act of 6 May 2009;
Section 4, comprising sections 52 to 56, last amended by the Act of 8 April 2003;
Section 5, including sections 57 to 60, last amended by the Act of 20 July 1990;
5° section 5bis, including articles 60bis and 60ter, inserted by Royal Decree No. 513 of 27 March 1987 and last amended by the law of 25 January 1999;
Section 6, including sections 61 to 63, last amended by the Act of 19 March 1990;
7th section 7, including articles 64 to 65bis, last amended by the Royal Decree of 19 May 1995.
Art. 97. In articles 30bis, 34, 36 and 37 of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of self-employed persons, the words "the National Pension Office" are replaced by the words "the Federal Pension Service".
Art. 98. In section 49 of the same Royal Decree, the words "the National Office" are replaced by the words "the Federal Pension Service".
Art. 99. In article 35quaterdecies, § 4, 5°, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, inserted by the law of 29 January 2003, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 100. Article 1er of the Act of 5 August 1968 establishing certain relations between public and private sector pension schemes, replaced by the Act of 24 October 2011, the following amendments are made:
1° in paragraph 1erParagraph 2 is replaced as follows:
"When, following the final appointment referred to in paragraph 1er, services that have given rise to a subjugation to the pension plan of employees become eligible for the establishment of the right to a dependant pension of the provincial and local government pension fund, the information referred to in paragraph 1er must be communicated to the institution that manages the Fund as long as the administrative management of the pension is carried out by the Federal Pension Service and when it is carried out by a pension institution. ".
Paragraph 2 is replaced by the following:
" § 2 In case of application of paragraph 1er, the pension scheme of employed workers is discharged from any obligation to the persons concerned and their beneficiaries in respect of the services in question. However, the institution that manages the pension plan of the employed workers is obliged to transfer the personal and employers' contributions referred to in article 38, § 2, 1 and § 3, 1 of the law of 29 June 1981 establishing the general principles of social security of the employed workers, which are applied on the date of each payment of the remuneration, to the institution that manages the legal pension plan of the public sector that becomes, following the final appointment of the employee.
In case of application of paragraph 1er, paragraph 2, the contributions shall be transferred by the institution that manages the pension plan for employed workers to the institution that manages the Fonds de pensions solidarisé des administrations provinciales et locales, both when the administrative management of the pension is carried out by the Federal Pension Service and when it is carried out by a pension institution.
The amount of contributions under paragraph 1er is transmitted by the institution that manages the pension plan of the employed workers to the institution that manages the legal pension plan of the public sector concerned or to the institution that manages the Solidarized Pension Fund of the provincial and local governments, no later than the last day of the third month following that in which the communication referred to in paragraph 1erParagraph 1er intervened. In the event of a late payment, the penalties, increases and delayed interest in the event of a late payment of contributions by the pension plan that becomes applicable to the agent as a result of his or her final appointment are applicable.".
Art. 101. In articles 1er, 12, 14, 16, 20 bis and 21, of the law of 1er April 1969, establishing a guaranteed income for the elderly, the words "the National Board of Pensions", the words "the National Office referred to above" and the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions", the words "of the Service" and the words "of the Federal Service of Pensions".
Art. 102. In article 17, paragraph 1er, of the same law, as amended by the Royal Decree of 15 February 1990, the words "at the National Board of Pensions" are replaced by the words "by the Federal Service of Pensions".
Art. 103. Article 19, paragraph 1er, of the same law, replaced by the Act of 22 December 1977 and amended by the Royal Decree of 15 February 1990, is repealed.
Art. 104. Section 17 of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 17. The elements to be taken into account for the purposes of this chapter shall be submitted to the Joint Committee for advice to all public services referred to in Article 3, § 1er, 3°, of the law of 19 December 1974 organizing relations between the public authorities and the unions of the agents of these authorities. ".
Art. 105. In article 44bis, paragraph 1er, of the same law, inserted by the law of 25 April 2007, the words "on a reasoned opinion of the Technical Committee for Public Sector Pensions referred to in Article 15 of the Act of 12 January 2006 establishing the "Service des pensions du Secteur public" are replaced by the words "on a reasoned opinion of the Joint Committee to all public services referred to in Article 3, § 1er, 3°, of the law of 19 December 1974 organizing relations between the public authorities and the trade unions of agents under these authorities".
Art. 106. In section 10 of the Act of 6 July 1971 on the creation of bpost and certain postal services, renumbered by the Act of 1er April 2007 and amended by the Royal Decree of 10 November 1996 and the Acts of 12 January 2006 and 13 December 2010, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 107. In Article 39quater, § 2, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 17 September 2005 and amended by the law of 12 January 2006, the words "Service des pensions du Secteur public" are each replaced by the words "Service fédéral des pensions".
Art. 108. In section 59, paragraph 1er, a) of the Act of 15 May 1984 on measures of harmonization in pension plans, as amended by the Royal Decree of 28 December 2006, the words "with the exception of the statutory staff of the SNCB Holding or HR Rail" are repealed.
Art. 109. In section 61 of the Act, replaced by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 110. In section 61bis of the Act, inserted by the Act of 21 May 1991 and last amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 111. In sections 132 and 152 of the Act, the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 112. In section 28, paragraph 4, of the Act of 27 February 1987 on Allowances for Persons with Disabilities, replaced by the Act of 12 August 2000, the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 113. In Article 11, § 1er, of Royal Decree No. 513 of 27 March 1987, deleting the National Pension and Survival Fund and reorganizing the National Pension Board for Employees, the words "of the National Pension Board" are replaced by the words "of the Federal Pension Service".
Art. 114. In Article 9bis, § 4, of the Act of January 15, 1990 on the institution and organization of a Social Security Crossroads Bank, inserted by the Act of April 29, 1996 and amended by the Act of March 13, 2013, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 115. In Article 4, § 3, paragraph 4, of the Act of 20 July 1990 establishing a flexible retirement age for employed workers and adapting the pensions of employed workers to the evolution of general well-being, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 116. In section 176, § 2, 1, of the Act of 21 March 1991 on the reform of certain economic public enterprises, as amended by the Royal Decree of 27 December 2004 and by the Law of 12 January 2006, the following amendments are made:
1° 2° is replaced by the following:
"2° "the Pension Service": "the Federal Pension Service";
2° in paragraph 5, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 117. Article 1er, 3°, of the Act of 22 July 1993 on certain measures relating to public service, replaced by the Programme Act (I) of 24 December 2002 and last amended by the Act of 12 May 2012, the following amendments are made:
1° the words "the National Pension Board" are replaced by the words "the Federal Pension Service";
2° the words "the Public Sector Pension Service" are repealed.
Art. 118. In section 68 of the Act of 30 March 1994 on social provisions, replaced by the Royal Decree of 16 December 1996 and last amended by the Act of 5 May 2014, the following amendments are made:
1° in paragraph 1er(j) is replaced by the following:
"j) by "Service", the Federal Pension Service;"
2° in paragraph 1er(k) is repealed;
3° in paragraph 1er, l), the words "Office, Administration" are replaced by the words "Service";
4° in paragraph 5, paragraph 4, the words "at the Office" are replaced by the words "at the Service";
5° in paragraph 5, paragraph 5, the words "the Office" are replaced each time by the words "the Service";
6° in paragraph 6, paragraph 1er, the 3° is replaced by the following:
"3° pension and dependant survival of one of the public sector pension plans managed by the Service";
7° in paragraph 6, paragraph 1er4° is repealed;
8° in paragraph 6, paragraph 1er, the 6° is replaced by the following:
"6° the retirement and survival pensions granted under the law of 16 June 1960 placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and Ruanda-Urundi, and guaranteeing by the Belgian State social benefits insured in favour of them of the law of 17 July on overseas social security;".
Art. 119. In section 68bis of the Act, inserted by the Royal Decree of 16 December 1996 and amended by the Acts of 9 July 2004 and 13 March 2013, the following amendments are made:
1° in paragraph 1er, the words "at the Office" are replaced each time by the words "at the Service";
2° in paragraph 2, the words "at the Office" are replaced by the words "at the Service";
3° in paragraph 3, the words "at the Office" are replaced by the words "at the Service".
Art. 120. In section 68ter of the Act, inserted by the Royal Decree of 16 December 1996 and last amended by the Act of 13 March 2013, the following amendments are made:
1° in paragraph 1erParagraph 1er is repealed;
2° in paragraph 1er, paragraph 2, became paragraph 1er, the words "the Office" are replaced by the words "the Service" and the words "on the legal pension" are replaced by the words "on the legal pensions";
3° in paragraph 1er, paragraph 3, which became paragraph 2, the words "the Agency" are replaced by the words "the Service";
4° in paragraph 1er, paragraph 4, which became paragraph 3, the words "of the Agency" are replaced by the words "of the Service";
5° in paragraph 1er, paragraph 5, which became paragraph 4, the words "the Agency" are replaced by the words "the Service";
6° in paragraph 1erParagraph 6 is repealed;
Paragraph 2 is repealed;
Paragraph 2bis is replaced by the following:
" § 2bis. When a legal pension is liquidated by several institutions other than the Service, the Service shall act in accordance with the provisions of paragraph 1erParagraphs 1er and 2, while the institution acts in accordance with the provisions of paragraph 1erparagraphs 3 and 4. ";
9° in paragraphs 3 and 4, the words "Office or Administration" are replaced each time by the words "Service";
10° in paragraph 4, the words "in accordance with the provisions of § 1erParagraph 4 shall be replaced by the words "in accordance with the provisions of paragraph 1er3";
11° in paragraph 5, paragraph 1er is replaced by the following:
"Institutions pay monthly the proceeds of deduction to the Service. ";
12° in paragraph 5, paragraph 2, the words "at this Pension Service" are replaced by the words "at the Service";
13° in paragraph 5, paragraph 3, the words "this Pension Service" and the words "the administration of pension" are replaced by the words "the Service";
14° in paragraph 5, paragraph 4 is replaced by the following:
"The proceeds of the deduction, which is carried out on the pensions referred to in section 68, § 6, 3 and 5° to 10°, shall be allocated by the Service to finance the dependant pensions of the Public Treasury."
15° in paragraph 6, the words "the Office" are replaced by the words "the Service".
Art. 121. Section 68quater of the Act, inserted by the Royal Decree of 16 December 1996 and amended by the Acts of 27 December 2004 and 12 January 2006, is repealed.
Art. 122. In section 68quinquies of the Act, inserted by the Royal Decree of 16 December 1996 and last amended by the Act of 13 March 2013, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "at the Office" are replaced by the words "at the Service";
2° in paragraph 1erParagraph 2 is replaced by the following:
"The debtor organization that pays a capital after February 28, 1997 and does not comply with the obligations imposed by section 68, § 5, paragraph 4 shall pay a 10-p.c. increase on deductions paid late as well as a 12-p.c. delayed interest. the year, from the expiry of the period provided for in Article 68, § 5, paragraph 4 until the day of their payment. ";
3° in paragraph 3, paragraph 1er, the words "The Office" are replaced by the words "The Service";
4° in paragraph 4, the words "The Agency and the Administration designate" are replaced by the words "The Service designates";
5° in paragraph 5, the words "are in charge of the Fund referred to in Article 68ter, § 5" are replaced by the words "are charged to the proceeds of the deduction, which is carried out on pensions referred to in Article 68, § 6, 3° and 5° to 10°. ";
6° in paragraph 6, the words "between the Office, the Administration and other social security institutions" are replaced by the words "between the Service and other social security institutions".
Art. 123. In the same law, an article 68sexies is inserted, as follows:
"Art. 68sexies. Claims of the Deduction Service referred to in sections 68 to 68quinquies are prescribed by three years from the date of payment of the pension or the supplementary benefit.
The actions taken by the beneficiaries and by the debtor agencies against the Service in repetition of undue deductions are prescribed by three years from the date the deduction was paid to the Service.
The limitation of the shares referred to in paragraph 2 shall be interrupted:
1° in the manner provided for in articles 2244 et seq. of the Civil Code;
2° by a registered letter addressed by the Service to the recipient or debtor agency or by a recommended letter addressed by the recipient or debtor to the Service. ".
Art. 124. In section 191, paragraph 1er, 7°, of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, as amended by the Act of 13 March 2013, the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 125. In Article 1er of the Act of 23 December 1994 establishing a community regime of pre-retirement aids in agriculture, the 3rd is replaced by the following:
"3° Federal Pension Service:
The Federal Service of Pensions, referred to in Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers; "
Art. 126. In section 13bis of the Act, inserted by the Act of 22 February 1998, the following amendments are made:
1° in paragraph 1erthe words "at the National Board of Pensions" are replaced by the words "at the Federal Service of Pensions" and the words "the National Office" are replaced by the words "the Federal Service of Pensions";
2° in paragraph 2, the words "the National Office" are replaced by the words "the Federal Pension Service".
Art. 127. In section 20 of the Act of 10 April 1995 on the redistribution of work in the public sector, as amended by the Acts of 3 December 1997 and 12 January 2006, the words "Service des Pensions du Secteur public" are replaced by the words "Service fédéral des Pensions".
Art. 128. In section 8 of the Royal Decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension plans, last amended by the Royal Decree of 3 April 2015, the words "of the National Pension Office" are replaced by the words "of the Federal Pension Service".
Art. 129. In Article 2, 11°, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, the words "the National Pension Office" are replaced by the words "the Federal Pension Service".
Art. 130. In Article 3, § 2, paragraph 1er, in the same order, the words "National Board of Pensions", inserted by the Royal Decree of 8 April 2002, are replaced by the words "Federal Service of Pensions".
Art. 131. In article 32, § 2, 2°, of the Act of 22 March 1999 on various measures in the field of public service, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions".
Art. 132. In sections 5, 13 and 14 of the Act of 22 March 2001 establishing the guarantee of income to older persons, the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 133. In Article 13, § 2, paragraph 3, of the Act, amended by the Acts of 6 May 2009 and 27 December 2012, the words "of the National Pension Board" are replaced by the words "of the Federal Pension Service".
Art. 134. Section 19 of the Act is repealed.
Art. 135. In section 187 of the Program Law (I) of 24 December 2002, the words "the National Pension Office" are replaced by the words "the Federal Pension Service".
Art. 136. In section 188, paragraph 2, of the Act, the following amendments are made:
1° the words "of the National Pension Board" are replaced by the words "of the Federal Pension Service";
2° the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 137. In section 2 of the Act of 10 February 2003 regulating the transfer of pension rights between Belgian pension schemes and those of institutions of public international law, the following amendments are made:
1° the 4° is replaced by the following:
"4° by "administration": the Office of Special Social Security Plans or the National Institute of Social Insurance for Independent Workers;"
2° the 5° is replaced by the following:
"5° by "Service": the Federal Pension Service;".
Art. 138. In section 3 of the Act, the following amendments are made:
1° in paragraph 1er, the 3° is replaced by the following:
"3° a dependant pension of the Office of Special Social Security Plans, granted under the Act of 17 July 1963 on overseas social security;"
2° in paragraph 2, the words "at the Office" are replaced by the words "at the Service".
Art. 139. In section 5 of the Act, the following amendments are made:
1° in paragraph 3, the words "at the Office" are replaced by the words "at the Service";
2° Paragraph 4 is replaced by the following:
§ 4. For an employee or temporary officer who, prior to his or her entry to the service of an institution, was subject to one of the pension plans referred to in section 3, § 1er, 3° or 4°, the Service shall forward the application and the document recognizing the agreement of the institution to the administration concerned. This transmission shall be made within one month after the date on which the application referred to in paragraph 3 has been received by the Service.
For an employee or temporary officer who, prior to his or her entry into service of an institution, was subject to a pension plan referred to in section 3, § 1er, 1° and which is not managed by the Service, the Service shall forward the application and the document recognizing the agreement of the institution to each of the public authorities or bodies in the pension plan of which the officer has established rights to such a pension. The transmission shall be made within one month after the date on which the application referred to in paragraph 3 has been received by the Service. ".
Art. 140. Section 6 of the Act is replaced by the following:
"Art. 6. In the case of application of Article 5, § 4, each of the administrations or any of the public authorities or bodies to which the request for transfer has been transmitted by the Service, shall calculate the amount that, with respect to it, must be transferred to the institution. ".
Art. 141. In section 8 of the Act, the following amendments are made:
1° in paragraph 1er, the words "Each administration other than the Agency communicates to the Agency" are replaced by the words "Each administration communicates to the Service";
Paragraph 2 is replaced by the following:
"§2. Each of the authorities or public bodies to which the application was transmitted by the Service pursuant to Article 5, § 4, paragraph 2, shall communicate to the Service the elements referred to in paragraph 1er"
3° in paragraph 3, the words "the Office" are replaced by the words "the Service" and the words "at the Office" are replaced by the words "at the Service";
4° in paragraph 4, the words "at the Office" are replaced each time by the words "at the Service";
5° in paragraph 5, paragraph 1er, the words "office" are replaced by the words "service" and the words "office" are replaced by the words "service";
6° in paragraph 6, the words "The Office" are replaced by the words "The Service".
Art. 142. The following amendments are made to section 9 of the Act:
1° the words "the Office" are replaced each time by the words "the Service";
2° in paragraph 2, the words "to which the application was transmitted by the Administration of Pensions pursuant to Article 5, § 4, paragraph 2" are replaced by the words "to which he transmitted the application under Article 5, § 4, paragraph 2";
Art. 143. Section 10 of the Act is replaced by the following:
"Art. 10. Each administration and each of the public authorities or bodies to which the application was transmitted by the Service pursuant to Article 5, § 4, paragraph 2 shall pay to the Service the amounts established in accordance with Article 7.".
Art. 144. In section 11 of the Act, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Payments provided for in Article 10 must be made to the Service no later than the last day of the fourth month following the date on which the authorities or public bodies to which the application was transmitted by the Service pursuant to Article 5, § 4, paragraph 2, were informed by the Service that the request for transfer became irrevocable under Article 9, § 1er"
2° in paragraph 2, the words "The Office" are replaced by the words "The Service".
Art. 145. In section 15 of the Act, the following amendments are made:
1° in paragraph 1er, the sentence "This application must be filed with the administration that manages the pension plan in which the former employee or temporary officer is entitled to pension entitlements." is replaced by the sentence "This application must be filed with the Service or Administration, according to the pension plan in which the former employee or temporary officer is entitled to pension rights. ";
2° in paragraph 2, the words "the Administration of Pensions" are replaced by the words "the Service".
Art. 146. In article 17 of the same law, the words "or by the Service" are inserted between the words "of its reception" and the words "or by the administration".
Art. 147. In section 18 of the Act, the sentence "The institution shall calculate the amount that shall be transferred to the administration or authority or to the public body referred to in section 15, paragraph 2 pursuant to section 14." shall be replaced by the sentence "The institution shall calculate the amount that shall be transferred to the Service, to the administration or to the authority or to the public body referred to in section 15, paragraph 2 under section 14.
Art. 148. Section 19 of the Act is replaced by the following:
"Art. 19. The institution shall communicate either to the Service or to the administration or to the authority or public body referred to in section 15, paragraph 2, the amount resulting from the application of section 18.".
Art. 149. In section 21 of the Act, the words "at the Office" are replaced by the words "at the Service".
Art. 150. In section 24 of the Act, the words "Be the Administration" are replaced by the words "Be the Service or the Administration".
Art. 151. Section 26 of the Act is replaced by the following:
"Art. 26. The request for transfer becomes irrevocable on the date on which the institution receives, either from the Service or from the administration, or from the authority or public body referred to in section 15, paragraph 2, the final confirmation of the request for transfer filed by the former employee or by the former temporary agent after the latter has signed its agreement on the data that was communicated to it in accordance with section 24. ".
Art. 152. Section 27 of the Act is replaced by the following:
"Art. 27. Consideration in a pension plan referred to in Article 3, § 1er1° to 4° of the years of services for which the transfer is requested under section 14 is subject to the effective transfer by the institution either to the Service or to the administration or to the power or public body referred to in section 15, paragraph 2, of the amount communicated under section 19.".
Art. 153. In article 10 of the law of 11 December 2003 concerning the resumption by the Belgian State of the legal pension obligations of an anonymous public law company Proximus with respect to its statutory personnel, as amended by the law of 12 January 2006, the words "Service des Pensions du Secteur public" are replaced by the words "Service fédéral des Pensions".
Art. 154. In section 2 of the Act of 4 March 2004 granting additional pension benefits to persons designated to perform a management or supervision function in a public service, inserted by the Act of 12 January 2006, the 5th is replaced by the following:
"5° to persons who have been appointed to perform a management function similar to that referred to in 1° to the Public Sector Pension Service prior to its dissolution have been subject to the pension plan for employees. ".
Art. 155. In sections 4, 5, 6, 9 and 18 of the Act, as amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 156. In section 55, paragraph 2, and section 56, paragraph 2, paragraph 3, of the Programme Act of 11 July 2005, as amended by the Act of 12 January 2006, the words "Public Sector Pension Service" are replaced by the words "Federal Service of Pensions".
Art. 157. In sections 7 and 7bis of the Act of 23 December 2005 on the covenant of solidarity between generations, the words "of the National Board of Pensions" are replaced by the words "of the Federal Service of Pensions".
Art. 158. In section 27 of the Program Act of 27 December 2005, the following amendments are made:
1° in paragraph 1er, the words "at the National Pension Office" are replaced by the words "at the Federal Pension Service";
2° in the Dutch version of paragraph 1er, the words "Rijksdienst voor Pensioenenen" are replaced by the words "of Federale Pensioendienst";
3° in paragraph 6, the words "the Agency" are replaced by the words "the Federal Pension Service".
Art. 159. Article 5, § 3 of the Royal Decree of 28 December 2005 on the resumption of pension obligations of the SNCB Holding by the Belgian State, confirmed by Article 70 of the Programme Law of 20 July 2006, is repealed.
Art. 160. Chapter IV, containing articles 9 and 10 of the same order, is repealed.
Art. 161. In section 55 of the Program Act of 20 July 2006, amended by the Acts of 29 December 2010, 19 March 2013 and 10 April 2014, the following amendments are made:
1° in paragraph 1er, the words "at the National Pension Office" are replaced by the words "at the Federal Pension Service";
2° in paragraphs 2, 3, 6 and 7, the words "at the National Board of Pensions" are replaced each time by the words "at the Federal Service of Pensions";
3° in paragraph 5, the words "of the National Pension Board" are replaced by the words "of the Federal Pension Service".
Art. 162. The Act of 12 January 2006 establishing the Public Sector Pension Service, as amended by the Acts of 28 April 2010 and 5 May 2014, is repealed.
Art. 163. In section 135 of the Act of 27 December 2006 on various provisions (I), the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "at the National Pension Office" are replaced by the words "at the Federal Pension Service";
2° in paragraph 2, the words "of the Agency referred to above" are replaced by the words "of the Federal Service of Pensions";
3° in paragraph 3, the words "of the Agency referred to above" are replaced by the words "of the Federal Service of Pensions".
Art. 164. In section 139 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er is replaced by the following:
"Federal Pension Service claims are prescribed by three years, from the date of payment of the social allowance. The actions against the Federal Pension Service in repetition of undue deductions are prescribed by three years from the date on which the deduction was paid. ";
2° in paragraph 2, the words "the above-mentioned Agency" are replaced by the words "the Federal Pension Service";
3° in paragraph 3, the words "The Agency referred to above" are replaced by the words "The Federal Pension Service".
Art. 165. In sections 144/3 and 148 of the Act, the words "at the National Board of Pensions" are replaced by the words "at the Federal Service of Pensions".
Art. 166. In section 296, § 2, 1°, of the Program Law (I) of 27 December 2006, "the National Pension Office" is replaced by the words "the Federal Pension Service" and the words "the Public Sector Pension Service" are repealed.
Art. 167. In section 301 of the Act, the words "the National Board of Pensions" are replaced by the words "the Federal Pension Service, the pension plan for employed workers" and the words "the Public Sector Pension Service" are replaced by words "the Federal Pension Service, for the public sector pension plan".
Art. 168. In sections 2 and 8 of the Act establishing the unification and harmonization of capitalization plans established under the laws relating to insurance for old age and premature death, coordinated on June 29, 2007, the words "the National Board of Pensions" are replaced by the words "the Federal Pension Service".
Art. 169. Section 140 of the Act of 28 April 2010 on various provisions is repealed.
Art. 170. In section 139, 8° of the Act of 29 December 2010 on various provisions (I), the words "the Public Sector Pension Service" are replaced by the words "the Federal Pension Service".
Art. 171. In section 3 of the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amended provisions, 6) is replaced by the following:
"6) "SFP": "Federal Pension Service." "
Art. 172. In sections 5, 7, 9 and 20/2 of the same law, the words "SdPSP" are replaced by the words "SFP".
Art. 173. In section 29 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service";
2° in the French text of paragraph 1er, paragraph 2, the word "SdPSP" is replaced by the word "SFP";
3° in the Dutch text of paragraph 1er, paragraph 2 the words "of pensioenen aan een voorzorgsinstelling toe te vertrouwen" are replaced by the words "of pensioen hetzij aan de FPD, hetzij aan een voorzorgsinstelling toe te vertrouwen";
4° in paragraphs 2 and 3, the words "SdPSP" are replaced by the words "SFP".
Art. 174. In sections 30, 39 and 55 of the Act, the words "Public Sector Pension Service" are replaced by the words "Federal Pension Service".
Art. 175. In section 119/1 of the Act of 28 December 2011 on various provisions, inserted by the Act of 20 June 2012, the following amendments are made:
1° in paragraph 1er, the words "the National Pension Board" are replaced by the words "the Federal Pension Service";
2° in paragraph 2, the words "of the National Pension Board" are replaced by the words "of the Federal Pension Service".
Art. 176. In section 123, 2°, of the same law, the words "at the National Board of Pensions" are replaced by the words "at the Federal Service of Pensions".
Art. 177. In section 2 of the Royal Decree of 24 September 2012 implementing section 123 of the Act of 28 December 2011 on various provisions, confirmed by the Act of 27 December 2012, the words "at the National Board of Pensions" are replaced by the words "at the Federal Service of Pensions".
Art. 178. In section 4 of the Act of March 13, 2013 on the reform of the deduction of 3.5% for the benefit of compulsory health care insurance and pension solidarity contribution, the following amendments are made:
1° the words "The National Pension Board" are replaced by the words "The Federal Pension Service";
2° the words "at the Office" are replaced each time by the words "at the Service";
3° in the French version, the words "of the Office" are replaced each time by the words "of the Service";
4° the words "the Office" are replaced each time by the words "the Service".
Art. 179. In section 5 of the Act, the words "the National Board of Pensions" are replaced by the words "the Federal Service of Pensions" and the words "the said Office" are replaced by the words "the Service".
Art. 180. In section 76, 11°, of the Program Law of June 28, 2013, the words "the Public Sector Pension Service" are replaced by the words "the Federal Pension Service".
Art. 181. In section 93 of the Act, subsection 2 is replaced by the following:
"§2. The declarations of the exercise, recovery or termination of a work activity or the benefit of a replacement income made in the pension plan of the employee and in that of the self-employed, are valid as a declaration in the public sector pension plan.".
Art. 182. In section 99, 5°, of the Coordinated Act of 10 May 2015 on the Exercise of Health Care Professions, the words "the National Pension Board" are replaced by the words "the Federal Pension Service".
Art. 183. In Article 3 of the Act of 21 May 2015 establishing a National Committee of Pensions, a Centre of Expertise and an Academic Council, the words "of the National Board of Pensions" are each replaced by the words "of the Federal Service of Pensions".
Art. 184. In section 11 of the Act, the following amendments are made:
1° in 2°, the words "of the National Board of Pensions" are replaced by the words "of the Federal Service of Pensions";
2° the 3° is replaced as follows:
"3° the deputy head of the Public Sector Pension Service, who became deputy head of the Federal Pension Service;".
Art. 185. In sections 19 and 20 of the Act of 10 August 2015 to raise the legal age of the pension and amending the conditions of access to the early retirement pension and the minimum age of the surviving pension, the words "employed workers provide to the National Pension Board" are each replaced by the words "employed workers provide to the Federal Pension Service".
PART 9. - Transitional provisions,
Final provisions and entry into force
CHAPTER 1er. - Transitional and final provisions
Art. 186. By derogation from Article 57 of this Law and Article 11, § 1er, 1° of the Royal Decree of 30 November 2003 on the designation, exercise and weighting of management functions, and the designation and exercise of supervisory and managerial functions in public social security institutions, the person who, as of 31 March 2016, was designated to serve as Director General of the Public Sector Pension Service continues his or her mandate from 1er April 2016 as Deputy Director General of the Service, for which the Royal Decree of 30 November 2003 is made applicable.
Art. 187. Persons who, as of March 31, 2016, have been designated to serve as Government Commissioner and Budget Commissioner to the National Pension Board continue to perform their duties in the Service until the designation of new ones Government Commissioners by the King pursuant to Article 23 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on the modernization of social security and the sustainability of legal pension schemes.
Art. 188. Royal Orders, Ministerial Orders and Decisions, pursuant to sections 42 to 60ter included in Royal Decree No. 50, remain in force until they are expressly amended, replaced or repealed.
Art. 189. The powers delegated to the deputy head under sections 49 and 49bis of Royal Decree No. 50 remain applicable.
Art. 190. As long as they are not specifically amended, replaced or repealed, royal decrees and ministerial orders issued pursuant to the Act of 12 January 2006 remain in force, with the exception of the ministerial order of 23 February 2009 granting delegations of authority and signatures to the Public Sector Pension Service.
Art. 191. The Management Committee of the Service, supplemented by the Administrator General and the Assistant Administrator General of the Service, remains competent for the supplementary pensions of employees referred to in Article 9 as long as the Management Committee for the Supplementary Pensions of Employees referred to in Article 45 is not in a position to function effectively.
Art. 192. The Council for the Payment of Benefits, referred to in Article 62, continues to rule, on the basis of its current rules of procedure, on the waiver of the recovery of the benefits referred to in Article 5 and unduly paid by the Service, up to the designation of the members referred to in Article 63, § 1erFour.
Art. 193. The SdPSP is liquidated and dissolved.
Art. 194. This Act is titled "Federal Pension Service Act".
CHAPTER 2. - Entry into force
Art. 195. This Act comes into force on 1er April 2016, except:
1st of title 2, effective March 31, 2016;
2° of Articles 162 and 193, which come into force on 2 April 2016;
3° of Chapters 3 and 4 of Title 3, Chapter 3 of Title 5, Article 71, 4°, Article 74, § 2, Article 81, Article 108, Article 118, 7°, Article 121, Article 159 and Article 160, which come into force on 1er January 2017.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 March 2016.
PHILIPPE
By the King:
Minister of Pensions,
D. BACQUELAINE
Minister of Independents,
W. BORSUS
The Minister of Social Affairs,
Ms. M. DE BLOCK
Minister of Public Service,
S. VANDEPUT
Minister of Mobility,
J. GALANT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 0101 - 54-1651
Full report : 10 March 2016