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15 MAI 2014. - Law on Allowance for Certain Computing Task Force Members (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. An allowance is granted to the military who meet the following three requirements:
1° during periods set out in Article 5, § 1^erParagraph 1^er :
(a) were charged with computer tasks, as defined in Article 4;
(b) exercised their full-time functions;
(c) spent an average of 80 per cent of their working hours on the above-mentioned computer tasks;
2° have obtained the cancellation by the Council of State of a decision of refusal relating to the granting of the allowance, or have filed an appeal with the Council of State within the time limits set out in article 4 of the decree of the regent of 23 August 1948 determining the procedure before the section of the administrative litigation of the Council of State, in order to obtain a annulment of the decision of refusal of the period relative to the
3° filed an application before 31 January 2002 to obtain the allowance.
Art. 3. § 1^er. The list of members who meet the conditions set out in section 2 shall be established by the authority that the King designates, after notice of the Accreditation Commission referred to in paragraph 2.
Motivation is required for military personnel who do not have a computer job. This motivation is based on the following criteria:
1° having been assigned, in a section of the staff or in a body, to a cell that has computer science as a finality, which must be formally recognized by a regulatory text or by the directives established by the military authority designated by the authority designated by the King, or that must be explicitly recognized from the organic tables;
2° having exercised one or more of the computer tasks set out in Article 4, § 2.
The use of computers is reflected in the Armed Forces' organic tables.
The list referred to in paragraph 1^er, must be covered by the Finance Inspector.
§ 2. Members of the Accreditation Commission are designated by the authority that the King designates. The Accreditation Commission consists of a Chair, Division Management Division of Human Resources, a Division Communications and Information Systems and Infrastructure Division of the Directorate General Material Resources, a delegate of the Earth component, a delegate of the air component, a delegate of the marine component and a delegate of the medical component.
The Accreditation Commission:
1° controls the administrative validity of the application;
2° determines whether the applicant is entitled to the allowance on the basis of the information provided by the applicant and by the body head of the time;
3° sets out the periods during which the right to allowance is open;
4° certifies the minimum time, fixed in Article 2, paragraph 1^er, 1°, c), which must emerge from the analysis of the report referred to in Article 5, § 2;
5° sets the percentage of the variable portion of the allowance.
The Accreditation Commission shall decide by a simple majority and shall review the rights referred to in paragraph 2 on the basis of the original record, as followed by a decision to cancel by the State Council. In the event of an equal vote, the chair of the commission is preponderant.
§ 3. An appeal against the decision referred to in Article 3, § 1^erParagraph 1^er, may be appealed to the authority that the King designates within 15 calendar days after the knowledge by the member concerned of the list referred to in Article 3, § 1^erParagraph 1^er.
The authority that the King designates decides after notice of the appeal board.
The members of the appeal board are appointed by the authority that the King designates. The appeal committee consists of two delegates of the division management of the general human resources management and one delegate of the division communication and information systems and infrastructure of the general management material resources.
Art. 4. § 1^er. The IT tasks referred to in Article 2:
1° designing and installing all of a computer infrastructure;
2° assess the use of an existing infrastructure;
3rd documenting computer projects;
4° update parameters according to the evolution of standards and needs;
5° to prepare quotes for services offered to external users;
6° prepare reports, including evaluation, on services, programs, projects or computer applications;
7° document on developments, self-form, participate in courses and seminars in the fields of new information technologies;
8° Identify priorities for application and computer equipment;
9° evaluate the use of the computer tool;
10° to participate in external IT management coordination meetings;
11° to conduct work on modern information management;
12° auditing computer services;
13° advising units and services in modern information management by electronic means;
14° install and upgrade software related to the computer system;
15° carry out daily monitoring of the operation of programs, managing its resources and security.
§ 2. Also considered to be computer tasks, referred to in Article 2:
1° directing, planning and distributing tasks to an organization whose purpose is recognized in the organic table is computer science;
2° planning and coordinating the various phases of a computer project, monitoring and monitoring;
3° drafting feasibility studies of computer projects;
4° analyze existing computer systems and formulate proposals for their operational improvements;
5° develop conceptual models of computer systems;
6° program information management through computer support;
7° perform program tests and develop them;
8th receive new computer applications, develop and implement operating procedures and follow-up, and take the necessary initiatives to ensure the delivery of computer chains in accordance with the deadlines imposed;
9° detect, identify, track and correct technical and software problems;
10° advise users of computer products in the choice of technical solutions or in the terms of use;
11° to prepare technical parts of the terms of reference for public IT markets.
Art. 5. § 1^er. The amount of the allowance referred to in section 2 is based on the period during which the member has performed computer tasks, and is determined as follows:
1° for the period 1^er September 1998 to 31 December 1998 inclusive: 6.25 per cent of gross annual salary due in January 2000;
2° for the period 1^er January 1999 to 31 December 1999 inclusive: 18.75 per cent of gross annual salary due in January 2000;
3° for the period 1^er January 2000 to 31 December 2000 inclusive: 12.5 per cent of gross annual salary due in January 2002;
4° for the period 1^er January 2001 to December 31, 2001 inclusive: 12.5 per cent of gross annual salary due for January 2002.
Half of the amounts fixed to 1° to 4° is granted to the military on the list referred to in Article 3.
The second half is granted by a decision of the authority that the King designates, after notice of the Accreditation Commission, on the basis of the extent to which the member concerned has contributed to the computer tasks set out in section 4.
By gross annual treatment, gross treatment must be understood, possibly increased from home allowance or residential allowance.
§ 2. The decision referred to in paragraph 1^er, paragraph 3, is based on the report of the activities carried out by the member concerned, with the advice of the head of body concerned at the time.
The report referred to in paragraph 1^er is taken from the record of the time as introduced within the time limits set out in Article 2, paragraph 1^erTwo.
§ 3. The allocations set out in paragraph 1^er are subject to the contribution for the compulsory health and disability insurance plan (health care sector), and to the special contribution for the financing of the social security plan.
However, allocations are not subject to deduction to the Survie Pension Fund.
Art. 6. § 1^er. The allocations set out in section 5 shall not be payable for any period of time interrupted by:
1° the voluntary working regime of the four-day week;
2° the speed of early departure in midtime;
3° a temporary withdrawal of employment, with the exception of a temporary withdrawal of employment for health reasons due to service;
4° availability;
5° use.
However, for members who, as at 29 June 2000, or before that date, opted for an absence or a plan under paragraph 1^er, the allowances set out in section 5 shall be reduced to competition until the expiry of that absence or regime.
§ 2. The allowances set out in section 5 shall be reduced to competition when the member enters service during a period covered by the allowance, as well as for any period covered by the allowance interrupted by:
1° retirement;
2° career termination leave;
3° parental leave.
§ 3. The following leave and absences shall not affect the allowances set out in Article 5:
1° leave and leave;
2° the days of compensation;
3° emergency leave;
4° service dispensations of exceptional character;
5° reception leave;
6° maternity leave;
7° breastfeeding leave;
8° participation in imposed courses.
Art. 7. This law comes into force on the first day of the second month following that of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
Minister of Defence,
P. DE CREM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: 53-3493
Full report: 23 April 2014
Senate (www.senate.be):
Documents: 5-2879
Annales du Senate: April 24, 2014.