belgiquelex.be - Carrefour Bank of Legislation

21 MAI 2015. - An Act to establish a National Pension Committee, an Expertise Centre and an Academic Council (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Section 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Section 2. - National Pension Committee
Art. 2. It is established under the name of the National Pension Committee, below "Committee", an advisory body whose mission is to render opinions on any pension proposals submitted to it by the minister or ministers with pensions in their office. These opinions are made in the form of reports expressing the various views expressed within the body.
Art. 3. § 1. The Committee consists of a Chair, a Vice-Chair and twenty-four effective members.
§ 2. The actual members, who have a deliberate vote, are as follows:
1° 8 members are chosen to represent the interests of workers. Five members represent the interests of private sector workers and three members represent the interests of public sector staff.
Members representing the interests of workers in the private sector are presented on a double list by the organizations representing the workers in the management committee of the National Pension Board referred to in Article 42 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers. The mandates are divided between these organizations by royal decree deliberated in the Council of Ministers.
Members who represent the interests of public sector staff are presented on a double list by trade union organizations that sit in the joint committee on all public services referred to in Article 3, § 1^er, 3°, of the law of 19 December 1974 organizing relations between the public authorities and the unions of the agents of these authorities. The mandates are divided between these organizations by royal decree deliberated in the Council of Ministers;
2° 8 members are chosen to represent the interests of employers and independent workers.
The members are presented on a double list by the organizations representing the employers in the management committee of the National Board of Pensions referred to in article 42 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of the employed workers and by the organizations representing the self-employed within the General Management Committee for the Social Status of Independent Workers referred to in chapter III of Part III of the Law of 30 December 1992 on social provisions and The mandates are divided among the organizations determined by Royal Decree deliberated in the Council of Ministers.
3° eight members are chosen to represent the federal authority, three of which represent the minister or ministers with pensions in their duties.
§ 3. The King shall, by order deliberately in the Council of Ministers, regulate the modalities for the presentation and designation of the effective members.
§ 4. The President and the Vice-President, who do not have a deliberative vote, shall be appointed on the proposal of the Minister or Ministers with pensions in their powers by Royal Decree deliberated in the Council of Ministers.
§ 5. As many alternate members as the Committee includes actual members are appointed. Their presentation and designation are carried out in the same manner as the actual members. Alternate members are deliberative when they replace an effective member.
§ 6. The term of office of the President, Vice-President, effective members and alternate members is 5 years.
Mandates are renewable.
Art. 4. The secretariat of the National Labour Council, established by the Organic Law of 29 May 1952, and that of the Central Economic Council, established by the Act of 15 December 2013 on the insertion of Book XIII "Concertation", in the Economic Law Code, assume the secretariat of the Committee. These secretariats provide transplant and economate services, gather documentation, prepare studies and reports on the work of the Committee and support the work of the commissions. This mission is subject to a subsidy which is approved by the Minister or Ministers with pensions in their responsibilities and is included in the Federal Public Service Social Security budget.
Art. 5. The Committee shall establish its rules of procedure. This is subject to the King's approval.
Among other things, the Regulations provide for the method of designation and the terms and conditions of operation of an executive office, including:
1° to stop the agenda of the Committee meetings;
2° to coordinate the work of the Committee, including those of the commissions;
3° to ensure the transmission of reports adopted by the Committee;
4° to submit to the King's approval amendments to the rules of procedure.
Art. 6. The Committee may call in consultation with representatives of government, public institutions and public utility institutions, under the conditions determined by the rules of procedure.
It may also involve persons with specific expertise in the examination of specific issues, under the conditions determined by the rules of procedure.
Art. 7. The Expertise Centre referred to in Article 9 shall provide the Committee with any technical assistance required to enable it to carry out its work.
Art. 8. § 1^er. The Committee may entrust any preparatory studies to one or more committees.
The Committee decides on the establishment of the commission and its composition by a two-thirds majority of the actual and alternate members who replace an effective member. The Committee shall deliberate on the establishment of the commission and its composition only if at least half of the actual or alternate members replacing an effective member are present.
The Commission reports its work to the Committee.
§ 2. Persons who do not sit on the Committee may be invited to sit on a committee to be heard.
Representatives of employers, independents, public sector staff or private sector workers who do not have a seat on the Committee may be invited to sit in a committee to be heard.
§ 3. The Committee entrusts the preparatory analysis of all matters relating to public sector pension to a special commission.
The representation of local and provincial authorities is ensured in this commission by the Chairman of the Management Committee of the Office of Special Social Security Plans.
The representation of the Regions and Communities within this Commission can be assured by two representatives of the Flemish authority, a representative of the French Community, a representative of the Walloon Region, a representative of the Brussels Capital Region and a representative of the German-speaking Community.
Section 3. - Centre d'Expertise
Art. 9. All of the pension knowledge available from different jurisdictions, public institutions and public utility institutions is grouped under the name "Expertise Center".
Art. 10. In order to ensure the sharing of these different knowledge and the coordination between them, a committee is established to support the Centre d'Expertise.
Art. 11. The accompanying committee is composed as follows:
1st a representative of the minister or ministers with pensions in their duties;
2° the deputy head of the National Pension Board;
3° the deputy head of the Public Sector Pension Service;
4° the deputy head of the National Institute of Social Insurance for Independent Workers;
5° the deputy head of the Office of special social security schemes;
6° a representative of the Federal Office of the Plan.
Art. 12. The Federal Office of the Plan, established by Chapter IV of Part VIII of the Act of 21 December 1994 on social and other provisions, is responsible for the secretariat of the accompanying committee.
Art. 13. All the knowledge that public administrations, institutions and institutions of public utility have and are necessary for the performance by the accompanying committee of its missions is made available to it by these administrations and institutions upon request.
Art. 14. The Centre of Expertise provides the Minister or Ministers with pensions with all the technical assistance required for the assessment and practical implementation of pension proposals.
Section 4. - Academic Council
Art. 15. It is established under the name of the Academic Council, below "Council", an organ whose mission is to address the minister or ministers with pensions in their responsibilities, either on initiative or at the request of them, a scientific opinion supported on all pension proposals.
Art. 16. The Council shall be composed of not more than twelve members appointed by Royal Decree deliberated in the Council of Ministers chosen for their scientific expertise in pension matters.
Art. 17. The King designates the President of the Council as a member of the Council.
Art. 18. The King determines the allowances for members.
Art. 19. The term of office of Council members is 5 years.
The mandate is renewable.
Art. 20. The Expertise Centre referred to in Article 9 shall provide the Council with all the technical assistance required to enable it to carry out its work.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, May 21, 2015.
PHILIPPE
By the King:
Minister of Pensions,
D. BACQUELAINE
Minister of Independents,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 0045 - 54-1022
Full report : 13 May 2015