belgiquelex.be - Carrefour Bank of Legislation

12 MAI 2014. - Act to establish the Office of Special Social Security Plans

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Definitions
Art. 2
For the purposes of this Act, it shall be understood by:
1°) "the Office": the public social security institution referred to in section 3;
2°) "Management Committee": a management committee referred to in section 2, paragraph 1^er2° of the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Security;
3°) "Provincial and Local Administrations":
- the provinces;
- public institutions that depend on the provinces;
- municipalities;
- public institutions that depend on the municipalities;
- associations of municipalities;
- C.P.A.S.;
- C.P.A.S. associations;
- public institutions that depend on the P.O.C.;
- agglomerations and federations of municipalities;
- public institutions that depend on the cities and federations of municipalities;
- the local police areas established on the basis of the Act of 7 December 1998 on the organization of an integrated police service, structured at two levels;
- prezones and emergency areas established on the basis of the Civil Security Act of 15 May 2007;
- the French Community Commission and the Flemish Community Commission;
- the regional economic bodies referred to in chapters II and III of the Framework Law of 15 July 1970 on the organization of economic planning and decentralization as amended by the decree of 25 May 1983 of the Walloon Regional Council, the order of 20 May 1999 of the Brussels Capital Region and the decree of the Flemish Council of 27 June 1985;
- "Bruxelles-Propreté, Agence régionale pour la Propreté";
- the "Service d'Incendie et d'Aide médicale urgente de la Région de Bruxelles-Capitale";
- associations of several organizations mentioned above;
- the ABL "Vlaamse Operastichting" for the staff members who were appointed definitively to the Intercommunal "Opera voor Vlaanderen" and who are taken over with their status.
The King may add other organizations to the list of jurisdictions contained in paragraph 1^er, 3°). It may amend this list to take into account the legislative amendments applicable to organizations referred to in paragraph 1^er, 3°).
CHAPTER 3. - Establishment of the Board
Art. 3
It is created, under the name "Office des régime particuliers de sécurité sociale" (ORPSS), a public institution with legal personality.
The Agency is a public social security institution within the meaning of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to section 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes.
The Office has its headquarters in one of the municipalities of the Brussels-Capital Region. It may, with the agreement of the Minister who has Social Affairs in his or her powers, establish regional offices in other municipalities.
CHAPTER 4. - Agency management
Section 1^re. - Joint management
Art. 4
According to the mission concerned, the Agency is managed by one of the following management committees:
(1) The "Social Security Management Committee of Provincial and Local Authorities" is competent for substances referred to in articles 10 to 23 and 27.
This management committee is composed of a president and fourteen members who have only a parliamentary voice.
The President is appointed on the proposal of the Minister who has the Social Affairs in his or her responsibilities.
Six members represent local governments. Three are appointed on the proposal of the "Vereniging van Vlaamse Steden en Gemeenten" (VVSG), two on the proposal of the Union des Villes et Communes de Wallonie and 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 Committee C.
(2) The Overseas Social Security Management Committee is competent for substances referred to in Article 28.
This management committee is composed of a chair and twelve members.
The President is appointed on the proposal of the Minister who has the Social Affairs in his or her responsibilities.
Two members are appointed on the proposal of the Minister who has Development Cooperation in his responsibilities.
Five members are appointed on the proposal of employer representative organizations.
Five members are appointed on the proposal of workers ' representative organizations.
Only the last ten members have a deliberate vote.
(3) The "General Management Committee of the Agency" is competent for the substances referred to in sections 29, 38 to 48 and, in general, for all matters relating to the staff and support services of the Agency.
This committee brings together members who have a deliberative vote on the management committees referred to in (1) and (2).
The committee is chaired by the Chair of the Management Committee referred to in 1).
The Chair of the Management Committee referred to in 2) attends meetings of the committee as a non-deliberative member.
4) The Management Committee "Maribel", referred to in Article 35, § 5, C, 2°, paragraph 2 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, is competent for the substances referred to in Articles 24 and 25.
This management committee is composed of a chair and effective members provided for in section 35 of the above-mentioned Act of 29 June 1981, which have only a parliamentary vote.
5) The "Committee for the Management of the Collective Social Service" is competent for the substances referred to in articles 30 to 37.
This management committee is composed of a chair and six members with a parliamentary vote.
The chair is the chair of the "Social Security Management Committee of Provincial and Local Government" or its representative.
Three members represent the representative organizations of employers serving on the Social Security Management Committee of provincial and local governments.
Three members represent the representative organizations of workers serving on the Social Security Management Committee of provincial and local governments.
All members must be part of organizations representing administrations affiliated to the Collective Social Service.
Art. 5
§ 1^er. The President and the members of the management committees referred to in Article 4, 1), 2), 3) and 5 shall be appointed by the King for a period of six years. Their mandate is renewable.
The chair and members of the Management Committee referred to in Article 4, 4) shall be appointed by the Guardianship Ministers for a period of four years. Their mandate is renewable.
In the event of death, resignation or revocation of a member referred to in paragraph 1^er or 2, the new member completes the mandate of the successor.
§ 2. For each management committee referred to in 4, 1), 2) and 4) a government commissioner is appointed by the King on the joint proposal of the relevant guardianship ministers.
For the management committees referred to in 4, 3) and 5) the Commissioner of Government representing the ministers of guardianship is the one appointed for the Management Committee referred to in section 4, 1).
§ 3. For each management committee referred to in section 4, (1) and (2) a Budget Government Commissioner shall be appointed by the King on the proposal of the Minister who has the Budget in his or her powers.
For the management committees referred to in section 4, (3), (4) and (5), the Commissioner of the Budget Government shall be appointed to the Management Committee referred to in section 4, (1).
§ 4. The Government Commissioners of the Management Committee referred to in Article 4(3) shall be competent for the development and monitoring of the budget and contract of administration. They work with the government commissioners of the other management committees on issues related to these committees.
Art. 6
In the opinion of the Administrative Committee referred to in section 4, (1) or (2), the King may establish, within the Office, one or more technical committees referred to in section 7 of the Act of 25 April 1963 on the management of public social security and social welfare bodies. These technical committees are responsible for clarifying this management committee in its mission.
Art. 7
The King sets out, by a deliberate decree in the Council of Ministers, the composition of the technical committees referred to in Article 6, the modalities for the designation of their members and alternates and the modalities for their operation.
Art. 8
§ 1^er. For each management committee referred to in section 4, a rules of procedure established by the Management Committee and approved by the Guardianship Ministers shall determine the manner of operation of the Management Committee, the powers of the deputy head and the conditions under which the Management Committee may delegate certain of its functions to technical committees that it creates within the Office or to officials of the Office.
§ 2. The King sets out the amount of allowances and attendance token awarded to the chairs and members of the management committees referred to in section 4.
Until the Royal Decree referred to in paragraph 1 was issued to the Belgian Monitor^er, the provisions of the Royal Decree of 16 January 2003 setting out the amount of the allowances and tokens of attendance awarded to the presidents and members of the governing bodies of public social security institutions and public interest bodies under the Federal Public Service Social Security and jointly with the Federal Public Service of the Interior with respect to the National Social Security Office of provincial and local governments are applicable.
§ 3. The management committees referred to in section 4 meet at the Agency's headquarters. In exceptional cases, they can be summoned to another place.
§ 4. The secretariat of the management committees referred to in section 4 and the technical committees referred to in section 6 shall be provided by a staff member of the Agency.
Section 2. - Daily management
Art. 9
§ 1^er. The Agency's day-to-day management is carried out under the supervision of the holder of a management function "general administrator".
The holder of the management function " deputy head" is assisted by the holder of a management function " deputy head".
The deputy head and deputy head do not belong to the same linguistic role.
The deputy head and deputy head shall sit with an advisory vote at the meetings of the various Management Committees under Article 4. They may also sit with an advisory vote at the technical committees referred to in Article 6.
The deputy head is responsible for the execution of the decisions of the Management Committees. He represents the Agency in judicial and extrajudicial acts.
CHAPTER 5. - Agency missions
Section 1^re. - Family allowances
Art. 10
§ 1^er. The Agency is responsible for the tasks set out in sections 32 to 32quater of the General Family Allowance Act and its enforcement orders.
§ 2. In accordance with the protocol entered into pursuant to section 32quinquies of the General Law on Family Allowances, between the Office and the Federal Police, the Agency shall grant family benefits to the personnel of the operational framework and the administrative and logistical framework of the police services, as defined in section 106 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, as well as to the personnel of the general inspection of the local police
The protocol referred to in paragraph 1^er sets out the terms and conditions under which family benefits under paragraph 1^er and management fees are reimbursed to the Agency.
Art. 11
The Agency is authorized to conclude with a federated entity a protocol on the granting and payment of family benefits.
Section 2. - Social security of provincial and local governments
Art. 12
§ 1^er. The Agency is legally responsible for the collection and collection of the following contributions of employers and workers due by provincial and local governments for their staff and their agents:
1° the social security contributions due in accordance with the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of wage workers, as well as the law of 29 June 1981 establishing the general principles of social security of wage workers, and their enforcement orders;
2° the contribution for occupational diseases due pursuant to Article 56, 3°, of the laws relating to the repair of damage caused by occupational diseases, coordinated on 3 June 1970;
3° the deduction due pursuant to section 191, 7°, of the Compulsory Health Care Insurance Act and Coordinated Allowances on 14 July 1994;
4° the deduction of solidarity on pensions pursuant to section 68 the Act of 30 March 1994 on social provisions;
5° the contribution referred to in section 4 of the law of 1^er September 1980 on the award and payment of a trade union premium to certain members of the public sector, due by its affiliates;
6° the contributions due pursuant to the Act of 24 October 2011 providing for the perennial funding of pensions of staff appointed definitively 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 amendments.
§ 2. By a deliberate decree in the Council of Ministers, the King may, under the conditions that it sets, extend the duties of collection and recovery of the Office to other social contributions and deductions assimilated to social contributions.
§ 3. The Agency may conventionally take over the collection of contributions not covered by §§ 1^er and 2.
Art. 13
The King fixed:
(1) the terms and conditions of the supporting electronic declaration of the amount of the dues, the time limit for the filing of the dues, the penalties applicable in the event of non-observance of the directives made pursuant to this provision;
2° the method of payment and the time limit in which a party or all of the contributions must be paid, the amount and conditions of application of the increases and default interest in the event of non-compliance with these times, and the conditions under which the exemption or decrease of the increases and the late interest may be granted;
3° the conditions under which the Agency can grant service providers the quality label "Full service".
Art. 14
In the absence of payment within the specified time limit, the contributions referred to in section 12, the contribution increases, the late interest, the lump sum allowances and the contributions due to regularization, due to the Office, may be taken ex officio in accordance with the terms fixed by the King, from the account of the affiliates to the following institutions: BELFIUS, BNP PARIBAS FORTIS, bpost and the National Bank.
Royal Decree No. 286 of 31 March 1984 on measures to improve the perception of social security and solidarity contributions is also applicable in respect of amounts due to the Agency.
Art. 15
Depending on the specific rules to be determined by the King, the contributions are, after deducting the monthly pre-payment of the administrative costs to the distribution agencies and the paying agencies for which they were collected.
Art. 16
The King determines the method of fixing the administrative costs referred to in Article 15.
Section 3. - Funding of pensions for officers appointed from provincial and local governments affiliated to the Agency's Solidarized Pension Fund
Art. 17
The Agency is responsible for the application of the provisions 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 amendments. Following the removal of administrative costs, which are determined by the King, the Agency shall, as appropriate, make available to the organizations that manage the dependent pension of the Solidarized Pension Fund.
Section 4. - Interventions paid by the Agency
Art. 18
The Agency is responsible for the liquidation of the premiums referred to in Article 2 of Royal Decree No. 474 of 28 October 1986 establishing a regime of contracting agents subsidized by the State with certain local powers, in accordance with the terms to be determined by the King.
The Agency recovers undue premiums. In the absence of payment within a time limit set by the King, the legal delay interests are due. The Agency may also recover undue premiums by deduction on premiums that will be due subsequently to local authority.
Art. 19
Article 18 remains of application as long as the competent authority of the region has not adopted a provision to the contrary by entrusting the task described in Article 18 to another administration.
Art. 20
The Agency is responsible for the payment of the interventions referred to in Section 5 of Chapter II of Royal Decree No. 25 of 24 March 1982 creating an employment promotion program in the non-marchand sector.
The interventions granted by the Agency are reimbursed by the Minister of Employment and Dependant Work of the Interdepartmental Budget Fund for the Promotion of Employment set out in section 5 of the aforementioned Royal Decree No. 25.
The King may grant to the Office dependant advances of the ONS-Gestion Global.
The Agency recovers undue interventions. In the absence of payment within 60 days of receipt of the cover letter, the legal interest of delay is due. The Agency may also recover undue deduction interventions from subsequent interventions.
The King determines the terms and conditions for the regularization of advances granted by the ONS-Gestion Global to the Agency.
Art. 21
The Agency is responsible for the payment of an annual allowance to the local authorities designated by the Minister of the Interior, for the implementation of a program on social security issues, for the implementation of crime prevention initiatives, for the recruitment and training of community police officers and for the development of police coordination measures.
When it is intended to fund police training, the allowance may also be granted to approved training and training centres.
This allowance is borne by a specific budget item included in the Agency's budget and covered by tax revenues amounting to 40.902.000,00 euros per year from 1^er January 1999 paid to the Agency by monthly instalments. The possible balance of the current budget year in the relevant budget section will be transferred, the following fiscal year, to the same budget item and consolidated with current revenues.
The King determines the Agency's competences with respect to the existence of the conditions for granting the allowance and the control of its use.
Art. 22
The King shall determine the method of setting administrative costs that may be allocated to the Agency for payment to beneficiaries of the interventions referred to in this section.
Section 5. - Prescription
Art. 23
§ 1^er. Claims of the Agency that relate to contributions referred to in Article 12, § 1^er, 1°, 2°, 5° and 6°, § 2 and § 3 prescribing by three years taking the day of their exigibility.
Derogation from paragraph 1^er, the limitation period shall be extended to seven years, if the Agency's claims are due to the regulation of the Agency as a result of the finding in the employer's head of fraudulent manoeuvres or false or knowingly incomplete statements. The actions against the Agency for the collection of the aforementioned undue contributions are prescribed by three years on the day of payment.
In the event of fraudulent social security of provincial and local government personnel, the Agency has a seven-year period beginning on the first day of the quarter following the one in which the offence occurred, for the purpose of cancelling these fraudulent bonds or ex officio subjugation with the actual employer. In accordance with paragraph 2, the possible return of contributions is for a maximum period of three years.
§ 2. Claims of the Agency relating to deductions referred to in Article 12, § 1^er, 3° and 4° are prescribed by three years beginning on the date of payment of the pension or the supplementary benefit.
The actions against the Agency for the recovery of the aforementioned undue deductions are prescribed by three years after the date on which the deduction was transferred.
§ 3. The Agency's claims relating to premiums, interventions and allowances referred to in sections 18 to 21 unduly paid, are prescribed by five years on the day of payment. The actions against the Agency for the payment of the above-mentioned premiums, interventions and allowances are prescribed by five years on the day of their due diligence.
§ 4. The debts of the receiving bodies of the social security premiums of employers who, for the calculation of the remuneration of their workers and/or the introduction of their social security statements, use the central service of fixed expenses, established by the royal decree of 13 March 1952 organizing the central service of fixed expenses and amending the royal decree of 10 December 1868 concerning the general regulation of State accounting, are prescribed by 7 years.
§ 5. The limitation of claims referred to in paragraphs 1^er 4, is interrupted:
1° by a recommended letter addressed by the Agency to the employer or by a recommended letter addressed by the employer to the Agency;
2° by a summons in court;
3° in the manner provided by Article 2248 of the Civil Code.
The limitation period runs again from each interruption.
Section 6. - Implementation of social and fiscal Maribel
Art. 24
The Agency is responsible for the execution of funding and control of additional employment under the Social Maribel and Tax Maribel, which fall within the jurisdiction of the Management Committee referred to in section 4, 4).
Section 7. - Implementation of social agreements
Art. 25
The Agency is responsible for the implementation of certain measures of social agreements for the federal health sectors and the Generations Pact that fall within the competence of the Management Committee referred to in Article 4, 4).
This is:
- funding and control of additional employment under the additional leave measure;
- control of additional employment under the 2011 Social Agreement;
- the financial intervention granted to hospitals as part of the statutoryization measure;
- the financing and control of the employment of unskilled youth under the Pact of Generations.
Art. 26
The Agency may be charged by the King with the enforcement of measures provided for by other social agreements than those referred to in section 25.
Section 8. - Control
Art. 27
The inspectors and deputy inspectors of the Board shall monitor the enforcement of the provisions of sections 1 to 7 of this chapter and the enforcement orders of this Act.
Such officials shall exercise such supervision in accordance with the provisions of the Social Criminal Code.
Section 9. - Overseas Social Security
Art. 28
The Agency is responsible for the enforcement of the provisions:
1° of 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 the Ruanda-Urundi, and guaranteeing by the Belgian State social benefits insured in favour of them;
2° of the Act of 17 July 1963 on overseas social security;
3° of enforcement orders under 1° and 2°.
Section 10. - Information and communication
Art. 29
§ 1^er. The Agency shall inform the public and the academic, scientific, socio-economic and professional interested in:
(1) on the content of legislation and regulations in the various substances referred to in sections 1 to 9 of this chapter;
(2) where applicable, in collaboration with other institutions, on encrypted, statistical and actuarial data derived from the processing of its databases, in accordance with the legislation concerning the protection of personal or business-related data.
The Management Committee referred to in Article 4, (3) shall decide:
- cases in which such data are made available free of charge;
- the cases in which the availability of these data takes place at cost.
The Management Committee referred to in section 4, (3) shall either set the applicable tariff or the elements to determine the cost of making available the requested data;
- cases in which a reduction in costing may be granted.
§ 2. Each year, the Agency makes available an annual report on its site that outlines the scope of its operations and the manner in which they are carried out.
Section 11. - Collective social service
Art. 30
§ 1^er. Provincial and local governments may voluntarily join the Agency's Collective Social Service.
The procedure for the introduction of the application, which can only be filed electronically, is set by the Management Committee referred to in Article 4, 5). The application must be accompanied by a deliberation of the competent authorities approved by the guardianship authority.
Membership takes place on 1^er 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 referred to in section 4, 5) 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 1^er and the method of payment of the contribution due by these shall be determined by the Management Committee referred to in section 4, 5).
§ 3. Administrations that as of 31 December 2014 are affiliated with the Collective Social Service of the ONSAPL are, in full right, affiliated with the Agency's Collective Social Service from 1^er January 2015. The same is true of the jurisdictions that had introduced a request to join the Collective Social Service of the ONSAPL at 1^er January 2015.
Art. 31
§ 1^er. Following the affiliation referred to in Article 30, 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:
(1) appointees and interns as well as contract staff members for whom the affiliate pays the employer fee provided for in section 34;
(2) officers referred to in (1) after retirement;
(3) the contract staff referred to in (1) after retirement.
§ 3. Indirect beneficiaries are:
(1) the spouse, partner, children and other members of the family of a direct beneficiary referred to in § 2 living under the same roof as him and who are considered to be dependants under the conditions established by the Management Committee referred to in Article 4, 5;
(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 referred to in section 4, 5);
3) orphans of a person who at the time of death was a direct beneficiary, as long as they receive family allowances;
(4) the ascendants of a person who at the time of death was a direct beneficiary and meets the conditions set by the Management Committee referred to in section 4, 5;
5) If the application for affiliation is mentioned, the quality of beneficiary may, under certain conditions, be recognized under the terms of the management committee agreement referred to in section 4, 5 to the staff of an administration referred to in section 29 who are already pensioned on the date the administration is refining.
§ 4. The direct beneficiaries referred to in § 2, 2) and (3) and all indirect beneficiaries referred to in § 3 who settle 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 social service pursuant to paragraph 1^er may again claim these.
Art. 32
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 the performance of actions both in their professional life and in their 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 Agency's collective hospital insurance contract;
6) access to holiday stays.
Art. 33
The Management Committee referred to in section 4, 5) shall determine the premiums, interventions and benefits that may be granted to beneficiaries under section 32, (3) and (4) and the procedures for the introduction of the application.
It sets out the rules to which premiums, interventions and benefits are subordinated. The regulations containing these rules are approved by the Minister who has Social Affairs in his or her powers and published on the Agency's website.
It may subordinate the granting of interventions and benefits to a pre-social investigation or a condition of resources.
It may limit the duration of the intervention or advantage over time.
It can extend the categories of beneficiaries.
The action of the Collective Social Service cannot be substituted for that which is legally vested in other organizations. His action is always complementary and suppletive.
Art. 34
§ 1^er. Employers affiliated with the Collective Social Service are required to pay a employers' contribution for each officer appointed on a final or intern basis as well as for each staff member engaged in a contract of employment, excluding student contracts, who is entitled to an activity or dependant care treatment of the affiliated employer, with the exception of the teaching staff admitted to the subsidies.
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.
§ 2. The King shall determine the setting of the employer contribution referred to in § 1^erParagraph 1^er. It is a percentage of the basic remuneration for the calculation of social security contributions.
For the method of collection and recovery, the employer contribution referred to in § 1^erParagraph 1^er is considered a social security contribution.
Art. 35
§ 1^er. The special reserve fund referred to in section 45, 6) shall be financed by:
(1) the potential surplus of employer contributions;
(2) contribution increases and any late interest in such contributions;
3) interest generated by this reserve fund and by employer contributions.
§ 2. The Agency's Special Reserve Fund is used to grant interventions:
(1) in advance, pending receipt of contributions;
(2) where the amount of employer contributions received at the end of a fiscal year is insufficient.
Art. 36
The Management Committee referred to in Article 4, 5) may, on a reasoned proposal, decide to use the Special Reserve Fund to finance the exceptional needs of the Collective Social Service.
Art. 37
A report on the day-to-day management of the Collective Social Service is provided each quarter to the Management Committee referred to in section 4, 5). This report is prepared by the person responsible for the day-to-day management of the Agency, its deputy or its representative.
CHAPTER 6. - Human resources and material resources
Art. 38
All members of the statutory staff of the Office other than the deputy head and deputy head are appointed, promoted and revoked by the Management Committee referred to in section 4, (3) in accordance with the regulations establishing the status of staff of public social security institutions.
Art. 39
§ 1^er. All statutory staff who, at 1^er January 2015, carrying out their activities within the National Social Security Office of provincial and local governments are transferred to the Office by Royal Decree.
All statutory staff who, at 1^er January 2015, carry out their activities within the Office of Social Security of Overseas are transferred to the Office by Royal Decree.
§ 2. Staff members engaged, at 1^er January 2015, by employment contract to the National Social Security Office of the provincial and local governments, the same contract with the Agency is granted by signing a contract to their employment contract.
Staff members engaged, at 1^er January 2015, by contract of work to the Office de Sécurité Sociale d'Outre-mer, the same contract with the Agency is granted by a member's signature to their contract of work.
Art. 40
The Agency is a member of the pension plan established by the Act of 28 April 1958 on the pension of staff of certain public interest agencies and their beneficiaries.
Art. 41
All property, rights and legal and contractual obligations of the National Social Security Office of the provincial and local governments and the Overseas Social Security Office are transferred to the Office.
CHAPTER 7. - Financial resources
Art. 42
The Agency's budget has two separate parts:
1° the mission budget including revenues and expenditures for the various missions of the Agency;
2° the management budget including revenues and expenditures related to the management of the Agency.
Art. 43
Each of the management committees referred to in Article 4, (1), (2), (4) and (5) shall make a budget proposal for missions relating to matters within its jurisdiction.
Where legislation, regulations or a convention provides for the setting of a contribution rate, the appropriate management committee for the mission concerned shall, as the case may be, make a proposal rate or set the rate in the matter under its jurisdiction.
It also makes a proposal as to the percentage of administrative fees that may be taken from legal or conventional contributions or benefits paid.
This budget is communicated for approval under the Agency's budget to the Management Committee referred to in section 4, 3).
The Management Committee referred to in section 4, 4) is authorized to allocate a maximum of 1.20 per cent of the amounts returned to the Social Maribel Fund to cover administrative and personnel costs.
Art. 44
The Agency's management budget falls within the exclusive jurisdiction of the Management Committee referred to in section 4, 3).
Art. 45
The funds listed below are transformed into the Agency's funds and retain their destination. Their assets as at December 31, 2014 are transferred to the Agency:
(1) the Social Maribel Fund referred to in Article 35 § 5, C), 2 of the Law of 29 June 1981 establishing the general principles of social security of wage workers;
(2) the reserve fund referred to in Article 6 of the Royal Decree of 1^er September 1969, organising the National Social Security Office of provincial and local governments;
(3) the reserve fund of the common local authority pension plan referred to in Article 4, § 2 of the Act of 24 October 2011 providing for continuous funding of pensions of staff members appointed on a final basis from 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;
(4) 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;
(5) the funds referred to in Article 5 of the Act of 17 July 1963 on overseas social security;
(6) the special reserve fund referred to in Article 4bis of the Royal Decree of 25 May 1972 establishing a collective social service for staff of provincial and local governments.
Art. 46
The Agency receives the following grants annually:
(1) the subsidies referred to in articles 10 to 14 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions;
(2) the subsidy referred to in Article 154, § 2, of the Act of 22 February 1998 on social provisions;
3) the care provided for in Article 58 of the Law of 17 July 1963 on overseas social security.
Art. 47
The Agency's other resources are made up of all other revenues related to its missions and management.
CHAPTER 8. - Miscellaneous provisions
Art. 48
The Agency is assimilated to the State for the application of laws and regulations relating to perceived direct taxes. It is free of all taxes or taxes for the benefit of the provinces and municipalities.
Art. 49
The King may repeal, amend, supplement or replace the existing legislative provisions in order to align them with the provisions of this Act.
Art. 50
Whenever a legal or regulatory provision mentions or applies to the Overseas Social Security Office or the National Social Security Office of provincial and local governments, it should be read as a reference or reference to the Office of Special Social Security Plans.
CHAPTER 9. - Amendments
Art. 51
In Article 1^er of the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Security, the mention "the Overseas Social Security Office" is replaced by the mention "the Office of Special Social Security Plans".
Art. 52
Article 1^er, 3°, of the Act of 22 July 1993 on certain measures of public service, the following amendments are made:
1°) the mention "- the Overseas Social Security Office;" is deleted;
2° the mention "- the National Social Security Office of provincial and local governments;" is deleted;
3°) the article is supplemented by the mention "- the Office of special social security schemes".
Art. 53
In article 2 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to section 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, the following amendments are made:
1°) 1°) is deleted;
2°) in the 13°), the mention "the National Office of Social Security of Provincial and Local Administrations" is replaced by the mention "the Office of special social security schemes".
Art. 54
In the Act of 24 October 2011 providing for the permanent funding of pensions of staff appointed permanently from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and making special provisions in the area of social security and containing various amended provisions, the words "the solid pension fund of the ONSAPL" are replaced each time by the words "the provincial pension fund".
CHAPTER 10. - Abrogatory provisions
Art. 55
The following provisions are repealed:
(1) Articles 1 to 3 and 8 to 9bis of the Act of 17 July 1963 on overseas social security;
(2) Sections 1 to 11 of the Act of 1^er August 1985 on social provisions;
(3) Article 8, § 5, paragraph 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of legal pension schemes.
CHAPTER 11. - Transitional provisions and entry into force
Art. 56
Persons who, as of December 31, 2014, are designated to serve as deputy head and deputy head of the National Social Security Office of provincial and local governments are designated as ex officio from 1^er January 2015 until the expiry of their current mandate, for the performance of the functions of deputy head and deputy head of the Agency.
Art. 57
§ 1^er. The King may appoint from 1^er January 2015 and until the expiry of their current terms of reference, as Chair and members of the Management Committee referred to in Article 4 (1), persons appointed as Chair and members of the Management Committee of the National Social Security Office of the Provincial and Local Government as of December 31, 2014.
Until the appointment of new government commissioners pursuant to Article 5, §§ 2 and 3, the government commissioners who, as of December 31, 2014, were appointed to the Management Committee of the National Social Security Office of provincial and local governments are considered to have been appointed to the Management Committee referred to in paragraph 1^er and continue to serve.
§ 2. The King may appoint from 1^er January 2015 and until the expiry of their current mandate, as members of the Management Committee referred to in section 4, 2), persons who, as of December 31, 2014, were appointed as effective members of the Management Committee of the Overseas Social Security Office. The King may, until the expiry of his current term, appoint as Chairman of the Management Committee referred to in Article 4, 2), the President appointed by him as Chairman of the Management Committee referred to in Article 4, (1) pursuant to paragraph 1^er.
Until the appointment of new Government Commissioners pursuant to Article 5, §§ 2 and 3, the Government Commissioners who, as of December 31, 2014, were appointed to the Management Committee of the Overseas Social Security Office are deemed to have been appointed to the Management Committee referred to in paragraph 1^er and continue to serve.
§ 3. The King may appoint from 1^er January 2015 and until the expiry of their current mandate, as members of the Management Committee referred to in Article 4, 3), the members appointed by Him pursuant to paragraphs 1^er and 2. It may also appoint the Chairperson referred to in paragraph 1^er as Chairman of the Management Committee referred to in this paragraph.
Until the appointment of new government commissioners under section 5, paragraphs 2 and 3, the government commissioners who, as of December 31, 2014, were appointed to the Management Committee of the National Social Security Office of the provincial and local governments are deemed to have been appointed to the Management Committee referred to in paragraph 1^er and continue to serve.
§ 4. Guardianship Ministers may appoint, from 1^er January 2015 and until the expiry of their current mandate, as Chair and members of the Management Committee referred to in Article 4, 4), the persons who, as of December 31, 2014, were appointed as Chair and members of the Maribel Management Committee.
Until the appointment of new government commissioners under Article 5, §§ 2 and 3, the government commissioners who, as of December 31, 2014, were appointed to the Maribel Management Committee are considered to have been appointed to the Management Committee referred to in paragraph 1^er and continue to serve.
§ 5. The King may appoint from 1^er January 2015 and until the expiry of their current mandate, as members of the Management Committee referred to in section 4, 5), persons who, as of December 31, 2014, were appointed as members of the Small Committee of the Collective Social Service by the Management Committee of the National Social Security Office of provincial and local governments. It may also appoint the Chairperson referred to in paragraph 1^er as Chairman of the Management Committee referred to in this paragraph.
Until the appointment of new government commissioners pursuant to Article 5, §§ 2 and 3, the government commissioners who, as of December 31, 2014, were appointed to the Management Committee of the National Social Security Office of provincial and local governments are considered to have been appointed to the Management Committee referred to in paragraph 1^er.
Art. 58
Until the entry into force of the Royal Decree referred to in Article 13, Articles 10 to 16 of the Royal Decree of 25 October 1985 carrying out Chapter 1^er, section 1^reof the law of 1^er August 1985 with social provisions, are applicable to the employer contribution referred to in section 34.
Art. 59
Until the Royal Decree referred to in Article 34, § 2, paragraph 1 comes into force^er, Article 3 of the Royal Decree of 25 May 1972 establishing a collective social service for the staff of provincial and local governments remains applicable.
Art. 60
This Act comes into force on 1^er January 2015.
Promulgation of this Act, order that it be rejected by the State seal and published by the Belgian Monitor.
Given in Brussels on 12 May 2014,
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINKX
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Employment,
Ms. M. DE CONINCK
The Minister of Pensions,
A. DE CROO
Seal of the state seal:
Minister of Justice,
Ms. A.TURTELBOOM
____
Note
(1) See:
House of Representatives (www.lachambre.be):
Documents: 53-3400-(2013/2014): 001: Bill. 002: Report. 003: Text corrected by the Social Affairs Committee. 004: Text adopted in plenary and transmitted to the Senate. Full report: 19 and 20 March 2014.
Senate (www.senat.be) 5-2772 - 2013/2014: No. 1: Project referred to by the Senate. Number two: Report. No. 3: Decision not to amend. Annales of the Senate: April 3, 2014.