Act Establishing The Office Of The Special Social Security Schemes

Original Language Title: Loi portant création de l'Office des régimes particuliers de sécurité sociale

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014203606&caller=list&article_lang=F&row_id=700&numero=700&pub_date=2014-06-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-10 Numac: 2014203606 FEDERAL social security PUBLIC SERVICE, SERVICE PUBLIC FEDERAL Interior and SERVICE PUBLIC FEDERAL employment, labour and social dialogue may 12, 2014. -Law on the establishment of the Office of the special schemes of social security PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1 this law regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Definitions art. 2 for the purposes of this Act, it is appropriate to hear by: 1 °) "the Office": the public institution of social security referred to in article 3;
2 °) "Management Committee": a Management Committee referred to in article 2, paragraph 1, 2 °, of the law of April 25, 1963, on the management of the public interest social security and social welfare organizations.
3 °) 'provincial and local governments':-the provinces;
-public institutions that depend on the provinces;
-the communes;
-public institutions that depend on Commons;
-associations of communes;
-the C.P.A.S.;
-associations of CPAs;
-public institutions that depend on the CPAs;
-agglomerations and federations of municipalities;
-public institutions that depend on the agglomerations and federations of municipalities;
-the local police zones established on the basis of the Act of 7 December 1998 organizing an integrated police service, structured on two levels;
-prezones and emergency zones 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 organizations referred to in chapters II and III of the framework law of 15 July 1970 establishing organization planning and economic decentralization as amended by the Decree of 25 May 1983 of the Walloon regional Council, the order of 20 May 1999 by the Region of Brussels - capital and the Decree of the Flemish Council of June 27, 1985;
-Bruxelles-Propreté, regional agency for cleanliness";
-the "Service of fire and emergency medical assistance in the Region of Brussels-capital";
-associations of several bodies mentioned above;
-ASBL "Vlaamse Operastichting" for staff members who were appointed permanently to the intercommunal "Opera voor Vlaanderen", which are continued with maintaining their status.
The King can add others to the list of the authorities, contained in paragraph 1, 3 °). It may amend this list to take account of the legislative amendments applicable to bodies referred to in paragraph 1, 3 °).
CHAPTER 3. -Creation of Office art. 3. it is created, under the name of "Office of the special social security schemes" (ORPSS), a public institution with legal personality.
The Agency is a public institution of social security within the meaning of the royal decree of 3 April 1997 on measures for the accountability of public institutions of social security, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension.
The Office has its seat in one of the municipalities of the Region of Brussels - capital. It may, with the agreement of the Minister who has social affairs in his or her attributions, establish regional offices in other municipalities.
CHAPTER 4. -Management of the Office Section 1. -Management joint s. 4 according to the mission concerned, the Agency is managed by one of the following management committees: 1) "Social security for provincial and local government Management Committee" is responsible for the substances referred to in articles 10 to 23 and 27.
This Management Committee consists of a president and fourteen members only voting members.
The Chair is appointed on the proposal of the Minister who has social affairs in his or her attributions.
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 of cities and municipalities of Wallonia and one on the proposal of the Association of the city and the municipalities of the Brussels-Capital Region.
A member representing the provinces. He was successively appointed on the proposal of 'Vereniging van de Vlaamse provincies' and on the proposal of the Association of the Walloon Provinces.
Seven members represent provincial and local sector workers and are appointed on the proposal of the representative organizations of workers sitting in Committee C. 2) the "overseas social security management Committee" is responsible for the substances referred to in article 28.
This Management Committee consists of a Chairman and twelve members.
The Chair is appointed on the proposal of the Minister who has social affairs in his or her attributions.
Two members are appointed on the proposal of the Minister that the Development Cooperation.
Five members are appointed on the proposal of the representative organisations of employers.
Five members are appointed on the proposal of the representative organizations of workers.
Only these last ten members entitled to vote.
(3) 'general management Committee of the Office"is responsible for the matters referred to in articles 29, 38-48, and generally, for everything concerning members of staff and Office support services.
(This Committee brings together members who have voting rights management committees referred to under 1) and 2).
The Committee is chaired by the president of the Management Committee referred to under 1).
The Chairman of the Management Committee referred to under 2) attends meetings of the Committee as a member not having voting rights.
(4) the Management Committee "Maribel", referred to in article 35, § 5, C, 2 °, paragraph 2 of the law of 29 June 1981 laying down the General principles of social security for employed persons, is responsible for the matters referred to in articles 24 and 25.
This Management Committee consists of a Chair and members provided for in article 35 of the law of 29 June 1981 supra only voting members.
(5) the "collective social Service Management Committee" is responsible for the matters referred to in articles 30 to 37.
This Management Committee consists of a president and six members who only vote.
The president is the president of the "social security for provincial and local government Management Committee" or his representative.
Three members represent the representative organisations of employers on the Committee of management of social security for provincial and local governments.
Three members represent organizations of workers sitting on the Committee of management of social security for provincial and local governments.
All members must be part of organizations affiliated with the collective social Service authorities.
S. 5 § 1. ((The president and the members of the management committees referred to in article 4, 1), 2), 3) and 5 are appointed by the King for a period of six years. Their mandate is renewable.
The president and the members of the Management Committee referred to in article 4, 4) are appointed by the Ministers of guardianship 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 or 2, the new Member completes the mandate of one whom he succeeded.

§ 2. For each Management Committee referred to in article 4 1), 2), and 4) a Commissioner of the Government is appointed by the King on the joint proposal of the responsible ministers concerned.
For management committees referred to in article 4, 3) and 5) the representative responsible Ministers Government Commissioner is appointed to the Board of management referred to in article 4, 1).
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3. For each Management Committee referred to in article 4) 1 and 2) a Commissioner of the Government of the Budget is appointed by the King on the proposal of the Minister that Budget.
For management committees referred to in article 4, 3), 4) and 5) the Government of the Budget Commissioner is appointed to the Board of management referred to in article 4, 1).
§ 4. The Commissioners of the Government of the Management Committee referred to in article 4, 3) are responsible for the development and monitoring of the budget and the administration contract. They have worked with the Commissioners of the Government of the other management committees for issues that relate to these committees.
S. 6 on the opinion of the Management Committee referred to in article 4) 1 or 2), the King can create, within the Agency, one or more technical committees referred to in article 7 of the Act of April 25, 1963, on the management of the public interest social security and social welfare organizations. These technical committees are responsible to inform the Management Committee in its mission.
S. 7. the King sets, by a decree deliberated in the Council of Ministers, the composition of technical committees referred to in article 6, the designation of their members and their alternates terms and the terms of their operation.
S. 8 § 1. For each Management Committee referred to in article 4, a rules of procedure prepared by the Management Committee and approved by the responsible ministers determines the operating mode of the Management Committee, the powers of the administrator-general and the conditions under which the Management Committee may delegate some of its responsibilities to technical committees it creates within the Office or officials of the Office.
§ 2. The King fixed

the amount of allowances and the token presence attributed to the presidents and members of the management committees referred to in article 4.
Until the publication in the Moniteur belge of the royal decree referred to in paragraph 1, the provisions of the royal decree of 16 January 2003 fixing the amount of the allowances and attendance fees attributed to presidents and members of the management bodies of institutions of social security and public interest organizations service public federal social security and joint Service public federal interior with regard to the national social security for provincial and local government agency shall apply.
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3. Management committees referred to in article 4 meet at the Agency's headquarters. In exceptional cases, they can be summoned to another location.
§ 4. The secretariat of management committees referred to in article 4 and the technical committees referred to in article 6 is ensured by a member of the staff of the Office.
Section 2. -Managing daily article 9 § 1.
The daily management of the Office is provided under the direction of the holder of a "Deputy head" management function.
The holder of the "Deputy head" management function is assisted by the holder of a 'deputy general administrator' management function.
The Deputy head and Assistant Deputy head do not belong to the same linguistic role.
The Deputy and Assistant Managing Director sit with voice but without vote in the meetings of the various committees of management provided for in article 4. They can also sit with voice but without vote in the meetings of the technical committees referred to in article 6.
The Deputy head is responsible for the implementation of the decisions of the management committees. It represents the Agency in judicial and extrajudicial.
CHAPTER 5. -Missions of the Office Section 1. -Allocations familiales s.
10 § 1. The Agency is responsible for the tasks laid down in articles 32 to 32quater of the General Law on family allowances and its execution decrees.

§ 2. In pursuance of the protocol concluded pursuant to article 32quinquies of the General Law on family allowances, between the Office and the federal police, the agency hereby grants family benefits to members of the staff of the operational framework and the administrative and logistical framework of police services, within the meaning of section 106 of the Act of 7 December 1998 organizing a police service integrated structured on two levels, as well as to the staff of the General Inspectorate of the federal police and the local police, with the exception however soldiers referred to in article 4, § 2, of the Act of 27 December 2000 containing various provisions relating to the legal position of police services personnel.
The Protocol referred to in paragraph 1 lays down the procedures whereby family benefits granted in application of paragraph 1 and the management fees are reimbursed to the Agency.
S. 11. the Agency is authorized to conclude a Protocol on the granting and payment of family benefits with Federated entity.

Section 2. -Social security for provincial and local governments article 12 § 1. The Office is legally responsible of perception and the recovery of the following contributions of employers and workers owed by provincial and local governments for their staff and their agents: 1 ° the social security contributions due in pursuance of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security of employees , as well as of the law of 29 June 1981 laying down the General principles of social security for employees, and their orders of execution;
2 ° the contribution for occupational diseases due in pursuance of article 56, 3 °, repair of damage resulting from occupational diseases, laws coordinated on 3 June 1970;
3 ° the due restraint in implementation of article 191, 7 °, of the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994;
4 ° the withholding of solidarity on pensions in execution of article 68 the Act of 30 March 1994 on social provisions;
5 ° the assessment referred to in article 4 of the Act of September 1, 1980 on the granting and payment of a Trade Union to certain members of the staff of the public sector, due by its affiliates;
6 ° contributions payable in pursuance of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the Act of 6 May 2002 on the establishment of the Fund the pensions of the police integrated and specific social security provisions and containing various amending provisions.
§ 2. By order deliberated in Council of Ministers, the King may, at the conditions set by it, extend the collection and recovery tasks of the Agency in any other social security contributions and deductions assimilated social contributions.
§ 3.
The Office may conventionally assume responsibility for the collection of contributions not referred to in §§ 1 and 2.
S. 13. the King fixed: 1 ° terms of supporting electronic reporting of the amount of the contributions due, the introduction of time, sanctions which apply in the event of noncompliance with the directives adopted in implementation of this provision;
2 ° the mode of payment and the period in which a part or all of the contributions to be paid, the amount and the conditions of application of increases and interest in the event of failure to meet these deadlines as well as the conditions under which the exemption or reduction in allowances and interest may be granted;
3 ° the conditions under which the Agency can give service providers the quality label "Full service".
S. 14 the absence of payment within the time limit, the contributions referred to in article 12, contributions, interest for delay increases, lump-sum allowances and contributions as a result of regularisation, due to the Office, can be taken ex officio under the terms laid down by the King, account of the affiliates with the following institutions: BELFIUS, BNP PARIBAS FORTIS, bpost and the National Bank of Belgium , successively in the above order.
Order royal No. 286, 31 March 1984 on measures to improve the perception of social security and solidarity contributions is also apply with respect to amounts owed to the Agency.
S. 15. According to rules to be determined by the King, contributions are, after deduction of administrative expenses paid by monthly advances to distribution agencies and paying agencies for the account of which they were perceived.
S. 16. the King determines the method of attachment of the administration fee referred to in article 15.
Section 3. -Funding of the pensions of officers appointed provincial and local governments attached article Office pension fund affiliates
17. the Office is responsible for the implementation of the provisions of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed to definitive title of provincial and local administrations and local police areas and amending the Act of 6 May 2002 on the establishment of the Fund the pensions of the police integrated and specific provisions on social security and containing various amending provisions. After deduction of administrative costs which the method of attachment is determined by the King, the Office, puts according their needs these means at the disposal of the bodies that manage the pension support fund pensions.
Section 4. -Lectures paid by Office art. 18. the Office is responsible for the liquidation of the premiums referred to in article 2 of the Decree royal No. 474 of October 28, 1986 on the establishment of a regime of contractual agents funded by the State with some local authorities, in the manner to be determined by the King.
The Agency retrieves the undue premiums. Failure to pay within the period fixed by the King, the statutory delay interest are due. The Agency can also recover the undue premiums by deduction on premiums which will be later due to local power.
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19. article 18 rest of application as long that the competent authority of the region has not adopted otherwise by entrusting the task described in article 18 to another authority.
S. 20. the Office is responsible for the payment of the interventions covered by section 5 of chapter II of the order royal No. 25 of March 24, 1982, creating an employment promotion program in the non-profit sector.
Assistance granted by the Agency shall be reimbursed by the Minister of employment and labour to the budgetary Fund interdepartmental promotion of employment established by section 5 of the order royal No. 25 supra.
The King may grant to the Office of charge of the overall management ONSS advances.
The Agency retrieves undue intervention. Failure to pay within 60 days of the receipt of the collection letter, the legal interests of delay are due. The Agency can also recover undue interventions by payroll deductions due later interventions.
The King determines the terms of regularization advances granted by the NSSO-global management to the Office.
S. 21. the Office is responsible

the payment of an annual allowance to the local authorities designated by the Minister of the Interior, for the realization of a programme on the problems of society security, for the realization of initiatives relating to the prevention of crime, for the recruitment and training of the communal police and getting in place coordination measures police tasks.
When it is intended to finance the training of police officers, the allowance may also be granted to approved instructional and training centres.
This allowance is in charge of a specific budget item in the budget of the Office and covered by tax revenues amounting to 40.902.000,00 euros annually from January 1, 1999, contributed to the Agency in monthly increments. Any balance of the current budget year to the budget item concerned will be transferred, the following budgetary year, in the same article budget and combined with current revenues.
The King determines the jurisdiction of the Agency relating to the existence of the conditions for granting of the allocation and control of the use thereof.
S. 22 the King determines the method of attachment of the administrative costs that can be attributed to the Agency for payment to the beneficiaries of the interventions covered by this section.
Section 5. -Prescription art. 23 § 1. The Agency claims that relate to the contributions referred to in article 12, § 1, 1 °, 2 °, 5 ° and 6 °, § 2 and § 3 is prescribed by three years taking courses on due day.
By way of derogation from paragraph 1, the limitation period is extended to seven years, if claims of the agency follow regularisations of office as a result of the recognition, on the part of the employer, of fraudulent or false or knowingly incomplete statements. Undue actions against the Agency for the recovery of the above contributions prescribed by three years taking courses on day of payment.
In the event of fraudulent coverage under social security for the staff of the provincial and local governments, the Office has a period of seven years from the first day of the quarter following that in which the offence took place, to carry out the cancellation of these fraudulent liabilities or office with the real employer liability. Pursuant to paragraph 2, the possible return of contributions is up over a period of three years.
§ 2. The claims of the Agency relating to the deductions referred to in article 12, § 1, 3 ° and 4 ° are prescribed by three years taking courses at the date of payment of the pension or the supplementary benefit.

The actions against the Agency for the recovery of undue deductions above are prescribed by three years after the date on which the deduction was transferred.
§ 3. Claims in respect of premiums, allowances referred to in articles 18 to 21 paid unduly and interventions, are prescribed by five years taking courses on day of payment. The actions against the Office for the payment of premiums, interventions and above due allowances are prescribed by five years taking courses on due day.
§ 4. Debt collectors organizations of the social security contributions to employers who use the central service of fixed costs, established by the royal decree of March 13, 1952, organising the central service of the fixed expenses and amending the royal decree of 10 December 1868 on the general regulation on the State accounting for the calculation of the remuneration of workers and/or the introduction of their declarations of social security, are prescribed by 7 years.
§ 5. The prescription of claims referred to in paragraphs 1 to 4, is interrupted: 1 ° by a registered letter sent by the Office to the employer or by a registered letter sent by the employer to the Agency;
2 ° with a quotation to justice;
3 ° in the manner provided by section 2248 of the civil Code.
The limitation period shall run again from each interruption.
Section 6. -Execution of Maribel social and tax s. 24. the Office is responsible for executing the financing and control of additional jobs in the context of the social Maribel and the tax Maribel which fall within the competence of the Board of management referred to in article 4, 4).
Section 7. -Execution of social agreements art.
25. the Office is responsible for the implementation of certain measures of social agreements for federal health and sectors of the Covenant of the generations that fall within the competence of the Board of management referred to in article 4, 4).
It is:-financing and the control of additional jobs under the measure of additional leave;
-control of additional jobs in the context of the social agreement 2011;
-of the financial support granted to hospitals under the measure of statutarisation;
-financing and control of the employment of young people unskilled in the generations Pact.
S. 26. the Office may be appointed by the King of the implementation of the measures of other social agreements than those referred to in article 25.
Section 8. -Control art. 27. the inspectors and Assistant of Agency inspectors control the execution of the provisions of sections 1 to 7 of this chapter and of the orders for the implementation of this Act.
These managers exercise this supervision in accordance with the provisions of the social Criminal Code.
Section 9. -Social security for overseas art.
28. the Office is responsible for the execution of the provisions: 1 ° of the law of June 16, 1960, placing under the guarantee of the Belgian State bodies managing social security for employees of the Belgian Congo and Ruanda-Urundi, and bearing guaranteed by the Belgian State of the social benefits provided for them;
2 ° of the Act of 17 July 1963, social security overseas;

3 ° the orders of execution of laws referred to in 1 ° and 2 °.
Section 10. -Information and communication arts. 29 § 1. The Office shall inform initiative or on request interested public and academic, scientific, socio-economic and professional circles: 1 °) on the content of legislation and regulation in the various subjects under sections 1 to 9 of this chapter;
2 °) where necessary in collaboration with other institutions, on data encrypted, statistics and actuarial issues of the treatment of its databases and, in compliance with the legislation concerning the protection of personal or business-related data.
The Committee of management referred to in article 4, 3) decides:-cases in which the availability of these data takes place for free;
-the cases in which the availability of these data takes place at cost price.
The Committee of management referred to in article 4, 3) sets either the rate or elements for determining the price cost of the providing of the information requested;
-the cases in which a cost reduction may be granted.
§ 2. The Agency provides annually, on its website, an annual report tracing the outline of the execution of its missions and the operating performance of these.
Section 11. -Service Office collective art. 30 § 1. Provincial and local governments may voluntarily join the collective social Service of the Agency.
Detailed rules for the submission of the application, which cannot be submitted electronically, are set by the Board of management referred to in article 4, 5). The application must be accompanied by a deliberation of the competent bodies approved by the guardianship authority.
Membership begins on the 1st day of the quarter following the month in which the application for membership was introduced.
At the end of each year, affiliated administrations may terminate their voluntary affiliation. The request of disaffiliation, which cannot be submitted electronically, has effect on 31 December of the calendar year provided that it has introduced no later than September 30. If not the disaffiliation only takes effect on 31 December of the following year.
§ 2. The Management Committee referred to in article 4, 5) may authorize certain public employers not having the quality of provincial or local authority to join the collective social Service.
The terms of affiliation and disaffiliation of the authorities referred to in paragraph 1 as well as the mode of payment of the levy due by them are set by the Board of management referred to in article 4, 5).
§ 3. Governments that to 31 December 2014 are affiliated to collective social Service of the ONSSAPL are, of right, affiliated to the collective social Service of the Office from 1 January 2015. It is governments who had submitted an application to join the collective social Service of the ONSSAPL 1 January 2015.
S. 31 § 1. Following membership referred to in article 30, people likely to benefit from the collective social Service interventions are divided into direct beneficiaries and indirect beneficiaries.
§ 2. The direct beneficiaries are: 1) officers appointed and trainees as well as members of the contract staff for which the affiliate pays the employer's premium provided for in article 34;
(2) the officers referred to in 1) after their retirement.
(3) the members of the contract staff referred to in 1) after their retirement.
§ 3. The indirect beneficiaries are: 1) the spouse, partner, children and other members of the family of a direct beneficiary referred to the §.

2 living under the same roof as him and which are considered as dependants under conditions established by the Board of management referred to in article 4, 5);
((2) the surviving non-remarried person who, at the time of his death, was the beneficiary spouse direct and as far as its resources do not exceed an amount determined by the Management Committee referred to in article 4, 5);
(3) a person who at the time of his death was a beneficiary orphans direct, as long they receive family allowances;
((4) a person who at the time of his death was a beneficiary ascendants direct and meets the conditions laid down by the Committee of management referred to in article 4, 5);
(5) if the application for affiliation mentioned, the quality of beneficiary may, upon reasoned agreement of the Management Committee referred to in article 4, 5), under certain conditions, be recognized to the members of the staff of administration referred to in article 29 which are already pensioners at the date at which this administration was affiliated.
§ 4. (Direct beneficiaries referred to in § 2, 2) and 3) and all indirect beneficiaries referred to in § 3 who settled abroad lose the benefit of the collective social service interventions.
Upon final return in Belgium, recipients who had lost the benefit of the interventions of the social service in the 1st paragraph of eligible again to them.
S. 32 utilities offered by the collective social Service consist of: 1) General information or custom made available government affiliated and beneficiaries in various social subjects;
(2) advice or an accompaniment for beneficiaries in carrying out steps both in their professional lives than in their privacy;
(3) certain premiums events of professional life and private life;
(4) certain interventions and advantages for the benefit of the beneficiaries in case of illness, setbacks, of family misfortune or other exceptional and unforeseen circumstances;
(5) access to the insurance contract collective hospitalisation of the Office;
(6) access to holiday stays.
S.
33 the Management Committee referred to in article 4, 5) determines the premiums, interventions and benefits which may be granted to beneficiaries under article 32, 3) and 4) as well as the modalities of submission of the application.
It lays down rules which condition the granting of the benefits, premiums, and interventions. The regulation containing these rules is approved by the Minister that social affairs in his or her attributions and published on the web site of the Office.
It can grant the interventions and benefits subject to prior social investigation or to a condition of resources.

It can limit the period for granting the intervention or the advantage in time.
It can extend the categories of beneficiaries.
The action of the collective social Service cannot substitute for that which is legally vested in other bodies. The action is always complementary and supplementary.
S. 34 § 1. Affiliated with the collective social Service employers are required to pay an employer contribution for each officer appointed permanently or intern as well as for each Member of staff engaged under a contract of employment, excluding contracts of students, which has a processing activity or treatment of waiting to affiliated employers, with the exception of staff education admitted to treatment grants.
The employer contribution is due from the date on which accession to the collective social service takes courses until the day where possible resignation produces its effects.
§ 2. The King determines the procedures for fixing the target employer contribution to the § 1, paragraph 1.
It corresponds to a percentage of the remuneration as a basis for the calculation of social security contributions.
For the terms of collection and recovery, the target employer contribution to the § 1, 1st paragraph is deemed to be a social security contribution.
S. 35 § 1. (Special reserve fund referred to in article 45, 6) is powered by: 1) the possible surplus of employer contributions;
(2) increases in contributions and interest eventually applied to these contributions;
(3) the interests produced by this reserve fund and employer contributions.
§ 2.
The special reserve fund of collective social Service of the Office is used for the granting of interventions: 1) as an advance, pending that the contributions are collected;
(2) when the amount of employer contributions collected at the close of a fiscal year is insufficient.
S.
(36. the Management Committee referred to in article 4, 5) may, on a reasoned proposal, decide to resort to the special reserve fund to finance exceptional needs of collective social Service.
S.
37. a report concerning the daily management of the collective social Service is provided each quarter to the Management Committee referred to in article 4, 5). This report is prepared by the person responsible for the day-to-day management of the Agency, his Deputy or his representative.
CHAPTER 6. -Human resources and material means art. 38. all members of the staff of the Office other than the Deputy and Assistant Managing Director are appointed, promoted and dismissed by the Board of management referred to in article 4, 3) in accordance with the regulatory provisions establishing the status of the staff of public institutions of social security.
S. 39 § 1. All members of the staff that, to January 1, 2015, operate within the national Office of social security of the provincial and local administrations are transferred to office-the Office by royal decree.
All members of the staff that, to January 1, 2015, operate within the social security Office of overseas are transferred Office-the Office by royal decree.
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2. Staff members engaged, to January 1, 2015, by contract of employment to the national Office of social security for provincial and local governments, benefit, by simple signature of an addendum to their contract of employment, the same contract with the Agency.
Staff members engaged, to January 1, 2015, by contract of employment to the overseas Office of social security benefit, by simple signature of an addendum to their contract of employment, the same contract with the Agency.
S. 40. the Office is affiliated with the pension plan established by Act of April 28, 1958 on pension of some public interest organizations staff and their dependants.
S. 41. all property, rights, and legal and contractual obligations of the national social security Office of the provincial and local governments and the social security Office of overseas are transferred to the Agency.
CHAPTER 7. -Average financial arts.
42. the budget of the Office consists of two distinct parts: 1 ° the mission budgets including revenues and expenditures for the various missions of the Agency;
2 ° the management budget including revenue and expenditure related to the management of the Office.
S.
43 each of the management committees referred to in article 4, 1), 2), 4) and 5) made a proposal for a budget of the missions relating to matters within its competence.
Legislation, regulation or agreement provides for the fixing of a premium rate, when the Management Committee responsible for the mission concerned which, as the case may be, makes a rate proposal or fixed rate in matters which fall within its competence.
It's also a proposal as to the percentage of administrative costs that can be taken on the legal or contractual contributions or paid benefits.
This budget is provided for approval under the Agency's budget to the Board of management referred to in article 4, 3).
The Management Committee referred to in article 4, 4) is allowed to assign 1.20% maximum amounts accruing to the social Maribel Fund to cover the costs of administration and staff.
S. 44. the management of the Office budget falls within the exclusive competence of the Board of management referred to in article 4, 3).
S. 45. the following funds are converted into Office Fund and retain their destination. Their assets at 31 December 2014 is transferred to the Agency: 1) the fonds social Maribel referred to in article 35 § 5, C), 2 of the law of 29 June 1981 laying down the General principles of social security for employed persons;
(2) the reserve fund referred to in article 6 of the royal decree of September 1, 1969, through the national Office of social security for provincial and local governments;
(3) the reserve fund of the common local authorities pension plan referred to in article 4, § 2 of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed to definitive title of provincial and local governments and areas of police local and amending the Act of 6 May 2002 establishing the the pension funds of the police integrated and specific provisions for social security and containing various amending provisions;
(4) sinking fund by increasing the rate of pension contributions referred to in article 4, paragraph 3 of the aforementioned law of October 24, 2011;
(5) funds provided for in article 5 of Act of 17 July 1963, on social security overseas;
(6) the special reserve fund referred to in article 4bis of the royal decree of May 25, 1972, establishing a collective social service for the staff of the provincial and local governments.
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46

The Agency receives annually the following grants: 1) the grants referred to in articles 10 to 14 of the Act of May 6, 2002 on the establishment of the Fund the pensions of the police integrated and specific provisions on social security;
(2) the grant referred to in article 154, § 2, of the law of 22 February 1998 establishing of social provisions;
(3) the support provided for in article 58 of Act of 17 July 1963, on social security overseas.
S. 47. the other resources of the agency consist of all other revenues related to its missions and its management.
CHAPTER 8. -Provisions various arts.
48. the Office is assimilated to the State for the application of laws and regulations relating to direct taxes collected. It is exempt from all taxes or taxes for the benefit of the provinces and the communes.

S. 49. the King may repeal, amend, supplement or replace the provisions of existing legislation in order to bring them into line with the provisions of this Act.
S.
50. whenever a legal or regulatory provision mentions or aims the social security Office overseas or the national Office of social security for provincial and local governments, there is place to read it as referring to or to the Office of the special social security schemes.
CHAPTER 9. -Provisions amending art. 51. in section 1 of the Act of April 25, 1963, on the management of the public interest organizations of social security and social welfare, the mention "overseas social security Office" are replaced by the words "the Office of the special social security schemes".
S. 52 (A) in article 1, 3 °, of the law of 22 July 1993 laying down certain measures in public service, the following changes are made: 1 °) the reference "-the Office of social security overseas;" is deleted;
2 ° the reference "-the national Office of social security for provincial and local governments;" is deleted;
3 °) article is supplemented by the words "-the Office of the special social security schemes".
S. 53A section 2 of the royal decree of 3 April 1997 concerning measures for the accountability of public institutions of social security, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, the following changes are made: 1 °) 1 °) is deleted;
(2 °) in 13 °), the words "the National Office of social security of the Provincial Administrations and local" is replaced by the words "the Office of the special social security schemes".
S. 54 in the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the Act of 6 May 2002 on the establishment of the Fund the pensions of the police integrated and specific social security provisions and containing various amending provisions "the pension fund made the ONSSAPL" are each time replaced by the words "The pension fund made by provincial and local governments".
CHAPTER 10. -Provisions repealing art. 55 the following provisions are repealed: 1) articles 1 to 3 and 8 to 9bis of Act of 17 July 1963, on social security overseas.
(2) articles 1 to 11 of the Act of 1 August 1985 concerning social provisions;
(3) article 8, § 5, paragraph 2, of the royal decree of 3 April 1997 concerning measures for accountability of public social security institutions, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension.
CHAPTER 11.
-Transitional provisions and entry into force article 56. persons who, to December 31, 2014, are designated to perform the functions of Deputy and Assistant Deputy of the national Office for social security for provincial and local governments are designated Office from 1 January 2015 until the expiry of their current mandate, for the exercise of the functions of Deputy head and Deputy head Deputy of the Office.
S.
57 § 1. The King may appoint, from 1 January 2015 and until the expiry of their current mandate, as Chairman and members of the Management Committee referred to in article 4, 1), the persons who were appointed to December 31, 2014, as Chairman and members of the Management Committee of the national Office for social security for provincial and local governments.
Until the appointment of new Commissioners of the Government in application of article 5 §§ 2 and 3, the Government Commissioners who, to December 31, 2014, were appointed to the Management Committee of the national Office for social security for provincial and local governments are considered having been appointed to the Management Committee referred to in paragraph 1 and continue to perform their duties.
§ 2. The King may appoint, from 1 January 2015 and until the expiry of their mandate underway, as members of the Management Committee referred to in article 4, 2), persons who, to December 31, 2014, were appointed as members of the Management Committee of the social security Office of overseas. (The King may, until the expiration of its current mandate, appoint as president of the Board of management referred to in article 4, 2), the Chairman appointed by him as President of the Board of management referred to in article 4, 1) pursuant to paragraph 1.
Until the appointment of new Commissioners of the Government in application of article 5 §§ 2 and 3, the Government Commissioners who, to December 31, 2014, were appointed to the Management Committee of the overseas Office of social security shall be deemed having been appointed to the Management Committee referred to in paragraph 1 and continue to perform their duties.
§ 3. The King may appoint, from 1 January 2015 and until the expiry of their mandate underway, as members of the Management Committee referred to in article 4, 3), the members appointed by him in accordance with paragraphs 1 and 2. It may also appoint the president referred to in paragraph 1 as Chairman of the Management Committee referred to in this paragraph.
Until the appointment of new Commissioners of the Government in application of article 5 §§ 2 and 3, the Government Commissioners who, to December 31, 2014, were appointed to the Management Committee of the national Office for social security for provincial and local governments are considered having been appointed to the Management Committee referred to in paragraph 1 and continue to perform their duties.
§
4. The responsible ministers may appoint, from 1 January 2015 and until the expiry of their current mandate, as Chairman and members of the Management Committee referred to in article 4, 4), persons who, to December 31, 2014, were appointed as Chairman and members of the Committee of management Maribel.
Until the appointment of new Commissioners of the Government in application of article 5 §§ 2 and 3, the Government Commissioners who, to December 31, 2014, were appointed to the Management Committee Maribel are considered having been appointed to the Management Committee referred to in paragraph 1 and continue to perform their duties.
§ 5. The King may appoint, from 1 January 2015 and until the expiry of their mandate underway, as members of the Management Committee referred to in article 4, 5), persons who, to December 31, 2014, were appointed as members of the Select Committee of the collective social Service by the Management Committee of the national Office for social security for provincial and local governments. It may also appoint the president referred to in paragraph 1 as Chairman of the Management Committee referred to in this paragraph.
Until the appointment of new Commissioners of the Government in application of article 5 §§ 2 and 3, the Government Commissioners who, to December 31, 2014, were appointed to the Management Committee of the national Office for social security for provincial and local governments are considered having been appointed to the Management Committee referred to in paragraph 1.
S.
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 on the implementation of Chapter 1, section 1, of the Act of 1 August 1985 concerning social provisions, are applicable to the employer contribution referred to in article 34.
S. 59. until the entry into force of the royal decree referred to in article 34, § 2, paragraph 1, article 3 of the royal decree of May 25, 1972, establishing a collective social service for the staff of the provincial and local governments continue to apply.
S. 60. this Act comes into force on January 1, 2015.
Promulgate this Act, order it to be coated with the seal of State and published by le Moniteur.
Given to Brussels, may 12, 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 Pensions Minister, A. DE CROO sealed with the seal of the State: the 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 commission Social Affairs. 004: Text adopted in plenary meeting and transmitted to the Senate. Full record: 19 and 20 March 2014.
Senate (www.senat.be) 5-2772-2013/2014: No. 1: project referred by the Senate. No. 2: report. No. 3: Decision not to amend.

Annals of the Senate: April 3, 2014.