Posted the: 2014-06-06 Numac: 2014007207 Ministry of defence may 15, 2014. -Law on the allocation of some military computer tasks (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. an allowance shall be granted to members who meet the following three requirements: 1 ° for the periods laid down in article 5, § 1, paragraph 1: has) were responsible for tasks, laid down in article 4;
(b) have performed their duties full time;
(c) spent on average 80% of their working time to above computer tasks;
2 ° have obtained the cancellation by the Council of State of a decision of refusal concerning the granting of the allowance, or brought an appeal before the Council of State within the time limits laid down in article 4 of the Decree of the regent of August 23, 1948 determining the procedure before the Division of administrative proceedings of the Council of State, in order to obtain an annulment of the decision of refusal at the time concerning the granting of the allowance , and that this action led to a rejection by the Council of State after the refusal decision concerning the granting of the allowance has been withdrawn by the administration, and that no decision regarding the granting of the allowance has yet been taken.
3 ° brought an application before January 31, 2002 for the allocation.
S. 3 § 1. Members who meet the conditions laid down in article 2 are listed in the authority that the King shall, after consultation with the Board of certification referred to in paragraph 2.
Motivation is required for members who do not have employment as a computer scientist. This motivation is based on the following criteria: 1 ° the fact of having been affected, in a section of staff or in a body, to a cell that has computer science as purpose, which must be formally recognized by a statutory instrument or by the guidelines established by the military authority designated by the authority that the King refers to, or which must be shown explicitly on the organic tables;
2 ° the fact to have exercised one or more of the computing tasks laid down in article 4, § 2.
The exercise of employment as a computer scientist according to the organic tables of the armed forces.
The list referred to in paragraph 1, shall be referred by the Inspector of finance.
The members of the commission on accreditation are designated by the authority designated by the King. The approval commission consists of a Chairperson, delegate Division management of the Directorate General human resources, a delegate of the division of communication and information systems and infrastructure of the Directorate General material resources, a delegate from the land component, a delegate of the air component, a delegate from the marine component and a delegate of the medical component.
The commission on accreditation: 1 ° checking the validity of the application administratively;
2 ° determines if the plaintiff is entitled to the allowance, on the basis of the information provided by the applicant and by the head of body of the time;
3 ° fixed periods during which entitlement to the allowance is open;
4 ° attests the time minimum, fixed in article 2, paragraph 1, 1 °, c), which must be shown on the analysis of the report referred to in article 5, § 2;
5 ° sets the percentage of the variable part of the allowance.
The accreditation commission decides by simple majority and re-examine the rights referred to in paragraph 2 on the basis of the original folder, as it was followed by an annulment decision by the Council of State. In the event of equality of votes, the president of the commission is dominating.
§ 3. Appealed against the decision referred to in article 3, § 1, paragraph 1, may be appealed to the authority that the King shall endeans 15 days calendar after the knowledge by the concerned Member of the list referred to in article 3, § 1, paragraph 1.
The authority designated by the King decides after the opinion of the Appeal Board.
The members of the Appeal Board are designated by the authority designated by the King. Appeal Board consists of two delegates from the Executive Management division general human resources and a delegate of the division of communication and information systems and infrastructure of the Directorate General material resources.
S. 4 § 1.
Are computer, referred to in article 2: 1 ° design and install the set of it infrastructure;
2 ° to examine the use of an existing infrastructure;
3 ° documenting it projects;
4 ° update settings according to the evolution of standards and requirements;
5 ° preparing quotations for services to external users;
6 ° prepare reports, including assessment, services, programs, projects, or applications;
7 ° documenting developments, to self-study, attend courses and seminars in the fields of new technologies of the information;
8 ° determining priorities for implementation and hardware;
9 ° to examine the use of the computer tools;
10 ° to participate in external coordination meetings in computer management;
11 ° conduct work related to the modern management of information;
12 ° audit services;
13 ° Adviser units and modern management of information through electronic media services;
14 ° install softwares related to the computer system and ensure their upgrade;
15 ° carry out the day-to-day monitoring of the operation of the programs, manage resources and security.
§ 2. Shall also be considered as tasks, referred to in article 2: 1 ° directing, planning and allocating tasks in an organization with one of the purposes recognized in the organic table computer.
2 ° plan and coordinate the various phases of an it project, ensuring monitoring and control;
3 ° preparing studies of feasibility of computer projects;
4 ° analyze existing computer systems and formulate proposals for their operational improvements;
5 ° to develop conceptual models of computer systems;
6 ° program management of information by computer support;
7 ° carry out tests of programs and bringing them to the point;
8 ° receive new computer applications, develop and run operating procedures and monitoring, and take the necessary initiatives to ensure execution of computer chains in compliance with deadlines;
9 ° detect, identify, track and correct technical problems and software;
11 ° preparing the technical parts of the specifications relating to the procurement computer.
S. 5 § 1.
The amount of the allowance referred to in article 2 is function of the period during which the military has exercised it tasks, and is set as follows: 1 ° for the period from September 1, 1998, to December 31, 1998 included: 6.25% of the gross annual salary due for the month of January 2000;
2 ° for the period from 1 January 1999 to 31 December 1999 included: 18.75% of the gross annual salary due for the month of January 2000;
3 ° for the period from 1 January 2000 to 31 December 2000 included: 12.5% of the gross annual salary due for the month of January 2002;
4 ° for the period from 1 January 2001 to 31 December 2001 included: 12.5% of salary annual crude due for the month of January 2002.
Half of the amounts set in 1 ° to 4 ° is given to military personnel included in the list referred to in article 3.
The second half shall be granted by the authority designated by the King, after notice from the commission on accreditation, on the basis of the extent in which the military interested contributed to computing tasks laid down in article 4.
Gross annual salary, it means treating gross, possibly increased allocation of home or residence allowance.
§ 2. The decision referred to in paragraph 1, paragraph 3, is based on the report of the activities carried out by the concerned Member with notice of the head of body concerned of the time.
The report referred to in paragraph 1 is taken from the record of the time as introduced within the time limits set out in article 2, paragraph 1, 2 °.
§ 3. The allocations laid down in paragraph 1 are subject to the contribution for the compulsory insurance scheme against disease and disability (health care sector), and the special contribution for the financing of the social security system.
However, allowances are not subject to withholding for the survival Pension Fund.
S. 6 § 1. The allowances laid down in article 5 are not due for any period y sight interrupted by: 1 ° the voluntary regime of work of the four day week;
2 ° the regime of the early departure time;
3 ° temporary withdrawal of employment, with the exception of a temporary withdrawal of employment for reason of health due to the service;
4 ° the lay-off;
5 ° the use.
However, for the military who on June 29, 2000, or before that date, opted for an absence or a plan referred to in paragraph 1, allowances laid down in article 5 are reduced in amount up to the expiry of this lack or this plan.
§ 2. The allowances laid down in article 5 are reduced to due competition when the military entered service a period y referred, as well as for any period y sight interrupted by: 1 ° implementing retirement;
2 ° the career leave;
3 ° a parental leave.
§ 3. The following leave and absences have no effect on the allowances laid down in article 5: 1 ° the leave and permissions;
2 ° the days of compensation;
3 ° the emergency leave;
4 ° the exemptions of exceptional service;
5 ° the home leave;
(6) maternity leave;
7 ° the nursing leave;
8 ° participation in required courses.
S. 7. this Act comes into force the first day of the second month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister of defence, P. DE CREM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ House of representatives (www.lachambre.be) Note: Documents: complete record 53-3493: April 23, 2014 Senate (www.senate.be): Documents: 5-2879 annals of the Senate: April 24, 2014.