Miscellaneous Provisions Act On Social Security

Original Language Title: Loi portant des dispositions diverses en matière de sécurité sociale

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014203619&caller=list&article_lang=F&row_id=700&numero=706&pub_date=2014-06-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-06 Numac: 2014203619 FEDERAL social security PUBLIC SERVICE April 25, 2014. -Law on various provisions on 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. -Introductory provision Article 1 this law regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994 Section 1st. -Rehabilitation professional art.
2. article 106 of the law on compulsory health care and insurance benefits co-ordinated on 14 July 1994, replaced by the law of July 13, 2006, is supplemented by two paragraphs worded as follows: ' the financial benefits referred to in paragraph 1 are refused when the holder enjoys similar benefits granted under a decree, an order or an order by agencies of the Regions and the communities who participate in the vocational rehabilitation of persons incapacitated for work and services. If the amount of these benefits is less than the amount of granted benefits under the insurance compensation, the person concerned may claim the difference in charge of insurance.
The provision referred to in the preceding paragraph is not applicable when the aforementioned decrees, orders or orders prohibiting cumulation or allow a limited accumulation of advantages that they give with similar benefits under other legislation. "."
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3. article 109a of the coordinated Act, inserted by the law of July 13, 2006, is supplemented by two paragraphs worded as follows: 'the financial benefits referred to in paragraphs 2 and 3 are refused when the holder enjoys similar benefits granted under a decree, an order or an order, by agencies of the Regions and the communities who participate in the vocational rehabilitation of persons incapacitated for work and services. If the amount of these benefits is less than the amount of granted benefits under the insurance compensation, the person concerned may claim the difference in charge of insurance.
The provision referred to in the preceding paragraph is not applicable when the aforementioned decrees, orders or orders prohibiting cumulation or allow a limited accumulation of advantages that they give with similar benefits under other legislation. "."
Section 2. -Conversion of the maternity art. 4. in article 114, paragraph 7, of the coordinated Act, inserted by the Act of 27 December 2004 and replaced by the law of April 13, 2011, the words "by article 30, paragraph 2, subparagraphs 1 and 2" are replaced by the words "by article 30, paragraph 2, subparagraphs 1 to 5" and the words "or by article 25quinquies, § 2, paragraphs 1 and 2 ", of the law of April 1, 1936, on contracts of employment for the service of inland navigation vessels" are repealed.
Section 3. -Protection of motherhood s. 5. article 115 of the same coordinated Act, replaced by the programme act of 22 December 2008 is replaced by the following: 'article 115. the rest periods referred to in article 114 may be accepted only on the condition that the licensee had ceased any activity or interrupted controlled unemployment.
The condition referred to in paragraph 1 does not apply: 1 ° for the period during which the licensee makes use of the option referred to in article 114, paragraph 6;
2 ° the period of extension of postnatal rest in competition of the periods during which the worker has exercised a job during a period of protection of motherhood referred to in article 114bis or took a work adapted during his incapacity for work under the conditions referred to in article 100, § 2, of the sixth week or eighth week in the event of multiple birth , in the second week y included preceding the confinement. "."
Section 4. -Provisions on incapacity for work art.
6 in article 80 of the same coordinated Act, the following amendments are made: was) 7 °, amended by the programme act of 24 December 2002 and by the law of May 19, 2010 relating to the provisions for public health, is replaced by the following: "7 ° examines the reports forwarded to him by the medical Council of disability in pursuance of article 82 , paragraph 1, 6 ° and the Service of administrative control in pursuance of section 161, § 2, 3 °; (it does, within the timeframe set by the King, report to the Minister on the measures that it has decided to take or proposed;"b) 8 °, repealed by the programme act of June 17, 2009, was re-established in the following wording:"8 ° fixed guidelines for the Organization of the control of the incapacity for work, based on proposals made by the medical Council of disability after the opinion of the medical technical Council referred to in article 85;".
S. 7. article 82, paragraph 1, of the Act coordinated, as last amended by the Act of 21 December 2013 on the various urgent provisions on social legislation, is complemented by a 6 ° as follows: "6 ° incapacity for work reports and transmitted, accompanied by suggestions that its findings have inspired him, the Committee of management of the compensation service.".
S. 8. in article 141, § 1, paragraph 1, of the same coordinated, as amended last by the law of March 29, 2012 Act provisions various (I), 13 ° and 14 ° shall be repealed.
S. 9. in article 153 of the coordinated Act replaced by the law of 19 December 2008 amending various provisions on health, the following changes are made: 1 ° paragraph 1, paragraph 2, is replaced by the following: "medical consultants are required to follow the guidelines of the Committee for the evaluation and medical control Service and respect the therapeutic freedom of care providers in the performance of their tasks referred to under 1) ((, 2) and 4) and follow the instructions of the Committee of management of the compensation Service in the accomplishment of the tasks set out under 3). "."
2 ° in paragraph 2, paragraph 3 is replaced by the following: "the medical consultants aimed at compensation Service reports on the control of disability work, within the time and in the manner set out in that Service.".
S. 10. in article 155, § 1, paragraph 1, 2 °, of the coordinated Act, amended by law of August 22, 2002 and December 10, 2009, the words "the guidelines of the Committee of evaluation and Service of medical control, to the guidelines of the Committee of management of the compensation Service" shall be inserted between the words "which do not conform to the rules of insurance "and the words" or the conditions and rules laid down pursuant to article 127, § 3 ".
S. 11. This section enter into force January 1, 2015.
CHAPTER 3. -Amendments to the law of 16 March 1971 on work article 12. in article 39 of the Act of 16 March 1971 on work, as last amended by the Act of June 11, 2011, the following changes are made: 1 ° in paragraph 3, the phrase "the King may equate with periods of work, certain periods of suspension of the execution of the contract of employment and certain absences when it comes to people who" otherwise than under a contract of employment, provide work benefits under the authority of another person."is replaced by the following sentence:"The King may determine the periods which can be assimilated to periods of work for the extension of the labour disruption.";
2 ° paragraph 7 is replaced by the following provision: "the King determines the duration as well as the terms and conditions under which, upon the death or hospitalization of the mother, the suspension of the execution of the contract of employment or the absence referred to in this article are converted to leave for the worker who is the father or meet the conditions laid down by article 30 § 2, paragraphs 1 to 5, of the employment contracts Act of 3 July 1978. The King may assimilate to the worker who is the father, another worker in the event of conversion of maternity leave. ";
3 ° paragraph 8 is replaced by the following provision: "from the moment where the worker informed his employer of the conversion of the maternity leave, the worker may be dismissed by the employer until the expiration of a period of a month taking courses at the end of the leave, except for reasons unrelated to the leave.".
CHAPTER 4. -Amendments to the Act of 10 April 1971 on accidents at work article 13. in article 8, § 1, paragraph 3, of the Act of 10 April 1971 on the accidents at work, as amended by the law of July 13, 2006, the 4th is replaced by the following: "(4° il se présente auprès dele de conseiller en prévention-médecin dele de travail a) for a spontaneous consultation in application of the legislation on the monitoring of the health of workers;"
(b) for a visit to pre-reprise to work under the supervision of the health of workers;
This visit may take place prior to the effective resumption of work during the period of incapacity for work. "."
S. 14. in the same Act, it is inserted an article 32bis, as follows: "article 32bis. insurance company supports vocational rehabilitation and retraining expenses which she and the victim recognize the need of the fact of the accident at work.
It supports the costs if the recognition is done at a date prior to the date of declaration

healing without permanently incapable of work referred to in article 24, paragraph 1, or the date when the incapacity presented the permanence character referred to in article 24, paragraph 2.
The King fixes the costs of vocational rehabilitation and recycling which come into consideration for support, the conditions to which the insurance undertaking and the victim give their agreement, as well as the rates on the basis of which the costs are supported. "."
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15. in article 58, § 1, 19 °, of the same Act, inserted by the Act of 21 December 2007, 'conventional early retirement under the Pact of solidarity between the generations' shall be replaced by the words "the scheme of unemployment with complement of business".
CHAPTER 5. -Creation of a National College of Medicine of social insurance on incapacity for work art. 16. in the law of July 13, 2006 various provisions for occupational diseases and accidents work and outplacement, in chapter III, section 4/1 is inserted, worded as follows: "Section 4: 1. Creation of a National College of Medicine of social insurance on incapacity for work".
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17. in the same Act, a section 89/1 is inserted, worded as follows: "article 89/1.
It is created a College National de medicine of social insurance on incapacity for work which is responsible for the following tasks: 1 ° propose standardized methods of assessment of incapacity for work with the aim of harmonisation of assessments in the various branches of social security;
2 ° develop recommendations for good practice in medicine of social insurance for medical expertise and collaborate in their updating;
3 ° to propose standards of medical communication, with the consent of the patient, between the different branches of social security;
4 ° contribute to a better understanding of the causes of incapacity for work;
5 ° to develop recommendations on common routes of vocational rehabilitation in the various branches of social security.
These proposals and recommendations will be addressed to the management committees of the various branches of social security concerned. The National Council of labour will be consulted on the proposals and recommendations of the College for the materials that relate to this Council.
The King may, by Decree deliberated in the Council of Ministers, complete the missions of such College as defined in the paragraph 1.
The seat, the composition and rules of operation of the College are fixed by the King who also appoints the Chairman and the members. "."
CHAPTER 6. -Strengthening of the bonus to use s. 18. article 2, § 2, paragraph 4, of the law of December 20, 1999, to grant a bonus to use in the form of a reduction in personal contributions to social security to employees with low wages and some workers who have been victims of a restructuring, inserted by the law of 27 December 2004 and amended by the law of 11 July 2005 and 8 June 2008 , is supplemented by the following sentence: "It may also, by Decree deliberated in the Council of Ministers, refer to a maximum amount under arrangements to be determined by him and provide the individual salary of the worker is a new factor.".
S. 19. This chapter is effective January 1, 2014.
CHAPTER 7. -Work continuously in the Flemish port authorities art. 20 this chapter applies to the employers of the Flemish port authorities of Antwerp, Zeebrugge, Oostende and Ghent and hereinafter named workers they employ: has) workers who guide the ships within the port or co-ordinate traffic from inland waterways;
b) workers who perform support operations during the assistance to ships within the port or providing coaching teams when docking or undocking ships in locks and/or along the quays and jetties;
c) workers who regulate the access and the occupation of the lock, which ensure the lockAge schedule and/or coordination of stakeholders active in the port;
d) workers who undertake to lead and supervise the allocation of berths workers and/or dealing with the conduct of the management of berths;
e) workers overseeing the allocation of berth vessels and the monitoring of the port police regulations;
f) workers who provide the service of bridges and locks in the port area;
g) workers who provide docking and undocking ships in locks and/or along the quays and jetties;
h) workers who assist ships on the spot when you berthing/mooring, coordinating the maneuver in collaboration with other actors active in the port and also controlling potential damage to port infrastructure by the ship;
i) the crew of the tugboats of the port authorities Flemish and their foreman or hierarchical Chief.
j) workers who provide the planning and/or the distribution of towing operations;
k) workers who carry out tasks of maintenance and/or technical tasks the tugs to the Flemish port authorities and which, where appropriate, lead teams;
l) workers who provide control over activities in the port traffic from waterways in the port from inland waterways traffic and/or on the effective use of space in the port under the existing regulations in the port.
S. 21. when a team work is performed by workers covered by the scope of this chapter, the same regime that provided for in article 22, 2 ° of the law on 16 March 1971 work is applicable.
CHAPTER 8. -Integrated police s. 22. article 190 of the programme law (I) of 24 December 2002 is replaced by the following provision: "art. 190. § 1. The grants referred to in articles 10 to 14 of the Act of May 6, 2002, establishing the the pension funds of the police integrated and specific provisions on social security, are attributed to the national Office of social security for provincial and local governments, hereafter called ONSSAPL, on behalf of the police zones.
The ONSSAPL deducted these grants of the total social security contributions owed by each police zone.
§ 2. The financing of targeted subsidies in the § 1 is done by a levy on the proceeds of VAT revenues
§ 3. From 1 January 2014, amounting to EUR 114.9 million will be allocated to the ONSSAPL as an annual advance on mentioned subsidies to the § 1. The amount of the annual advance follows the evolution of the health index.
Is paid in twelve equal monthly instalments ONSSAPL."
S. 23. article 13 bis of the Act of May 6, 2002, establishing the the pension funds of the police integrated and specific social security provisions, inserted by the law of 24 December 2002, is replaced by the following: 'article 13bis. a grant to the public Treasury is granted to Commons or to the police zones pluricommunales to compensate the burden resulting from the application to the gendarmes and military transferred to the police zones of the burden resulting from the employer contribution due in pursuance of articles 16, 18, 4), and 22 of the law of October 24, 2011, ensuring sustainable funding of the pensions of the members of staff appointed provincial and local governments and areas local police, 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 on various amending provisions."
S. 24. This chapter is effective January 1, 2014.
CHAPTER 9. -Office of social security of overseas art. 25. article 154, § 2, paragraph 3, of the law of 22 February 1998 establishing of social provisions is supplemented as follows: "If the final amount is less than the advances paid by twelfths instalment, the balance must be donated to the State by the overseas social security Office." If this amount is greater, then the State should pay the balance to the social security overseas Office. "."
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26. This chapter is effective January 1, 2014.
CHAPTER 10. -Amendments to the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security articles 27. in article 17 bis, § 1, paragraph 1, of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, as last amended by the Act of August 21, 2008, is inserted as follows ° 9: "9 ° non-profit associations incorporated under the law of June 27, 1921 on non-profit associations , international associations without profit and the foundations and composed of public services of the communities and regions and/or public institutions with legal personality which fall within the communities and the regions, insofar as their purpose focuses on the support of their members and on the supply of common technology means information and communication. "."
S. 28. in article 17 bis, § 2, of the Act, as amended by the law of August 21, 2008, the words "referred

by the § 1, 1 °, 1 ° bis, 2 ° ter, 3 °, 3 ° a, 4 °, 5 °, 6 °, 7 ° or 8 ° "are replaced by the words" covered by the § 1, 1 °, 1 ° bis, 2 ° ter, 3 °, 3 ° a, 4 °, 5 °, 6 °, 7 °, 8 ° or 9 ° "."
S. 29. This chapter is effective April 1, 2013.
CHAPTER 11. — Amendment of various provisions relating to annual holidays for workers s. 30. in article 17A of the laws related to the vacation for workers coordinated on June 28, 1971, inserted by the law of March 29, 2012, the following changes are made: 1 ° in the first sentence, the 'exercised during the year start or resumption of activity' shall be replaced by the words "carried on during the period in which occurs the beginning or resumption of activity";
2 ° the provision is supplemented by a paragraph worded as follows: "It defines what is meant by 'Start' and 'disaster recovery'.".
S. 31. in article 17 of the royal decree of 10 June 2001 on the uniform definition of concepts relating to working time to the use of social security, in accordance with article 39 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension, the words "and 5" are replaced by the words" 5 and 17 bis".
S. 32. in the same order, it is inserted an article 19quater as follows: "article 19quater. by 'additional holiday', means the absence of labour following a suspension of the execution of the contract of work due to annual holidays such as referred to in article 17bis, of laws relating to annual holidays for workers coordinated on June 28, 1971. "."
S. 33. in article 9 of laws relating to annual holidays for workers coordinated on June 28, 1971, amended by the law of 22 February 1998 and 22 May 2001, the royal decree of November 5, 2002 and the law of 24 December 2002, including the current text first paragraph, inserted a paragraph 2, to read as follows: "§ § 2 2" By way of derogation to the § 1, the holiday pay of casual workers, within the meaning of article 31ter, paragraph 2, of the royal decree of November 28, 1969, made pursuant to the Act of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security, workers, national employers of the JAB of the hospitality industry or national of the JAB for temporary work where the user is governed by the JAB of the hotel industry is calculated in accordance with section 41A of the royal decree of 28 November 1969 '. "
S. 34. the present chapter produced its effects on April 1, 2012, with the exception of article 33, which takes effect October 1, 2013.
CHAPTER 12. -Modification of the Decree-Law of 28 December 1944 on the social security of workers for what concerns the principles of basic insurance unemployment s.
35. article 7 of the Decree-Law of 28 December 1944 on social security for workers, as last amended by the Act of 26 December 2013, is supplemented by paragraphs 1ersepties and 1erocties worded as follows: "§ 1ersepties."
For the purposes of § 1, paragraph 3, i), allowances are only accountable to the unemployed person, fulfilling simultaneously: 1 ° eligibility requirements, namely the stage conditions that must be met by the unemployed person to qualify for unemployment insurance, including providing proof of a number of days of work or assimilated days prior to unemployment;
2 ° the conditions for granting, namely the conditions to be met by an unemployed person who is eligible for power actually benefit allowances, including be involuntarily deprived of work and remuneration, be available for the labour market, be registered as a job seeker and seek active employment, be able to work, reside in Belgium, meet the age requirements and comply with the requirements for reporting and control of unemployment spells.
For the purposes of paragraph 1, 1 °, the King determines: 1 ° the number of working days or assimilated days required, the period of reference endeans which must be these days, the eligibility of these working days or assimilated days and the method of calculating these work days and days assimilated, for which a modulation is possible in function
(: a) the age of the unemployed person;
(b) the plan of work of the worker, prior to unemployment, for which a distinction can be made in particular between workers full-time, part-time with retention of rights workers and part-time workers part-time volunteer.
The King determines what is meant by worker full-time, part-time worker with safeguarding rights and voluntary part-time worker;
(c) specific characteristics of labour exercised prior to unemployment, as an occupation as a port worker, fisherman or artist;
2 ° under what terms and conditions young people who do not meet the conditions laid down under a), are deemed to be meet the requirements of stage based on studies that they have completed.
The King determines what is meant by fasting, studies and completing.
3 ° under what terms and conditions temporary unemployed person who is bound by a contract of employment whose execution is suspended temporarily, either totally or partially, and the complete unemployed already previously met eligibility requirements, may be exempted from eligibility.
The King determines what is meant by complete unemployed, temporary unemployed and unemployed who previously met the eligibility requirements.
For the purposes of paragraph 1, 2 °, the King determines: 1 ° What is meant by be involuntarily deprived of work and remuneration, be available for the labour market, be registered as a job seeker, be able to work, reside in Belgium, meet the age requirements and comply with the requirements for the declaration and control of unemployment spells.
2 ° in what cases and under what terms and conditions the unemployed may be exempted from certain conditions for granting, especially because of their age, to follow studies or training, hardship on social and family, because the conclusion as a candidate contractor to a convention with a cooperative of activities or because of voluntary military engagement. The King determines what is meant by study or training, difficulties on the social and family, plan the conclusion as a candidate contractor to a convention with a cooperative of activities or a voluntary military.
"§ 1erocties." The amount of the allowance due for each month calendar, referred to the § 1, paragraph 3, i), depending on the number of benefit days or half-days of compensable benefits and the daily amount for each day of allowances.
The King determines the conditions and modalities to determine the number of allowances days or half-days of compensable allocations for each month calendar, taking particularly into account: 1 ° of the eligibility requirements and the conditions for granting referred to the § 1ersepties;
2 ° the nature of unemployment, for which a distinction can be made depending on whether the unemployed person or not is still bound to an employer by a contract of employment;
3 ° of average weekly hours of work of an unemployed person before he becomes unemployed, the average weekly duration of working of the reference person, hours and days during which there is provision of work, hours and days for which there are right to remuneration;
4 ° the impact of activities and income from these activities carried out by the unemployed person days of unemployment or during a period of unemployment.
The King determines the conditions and modalities for the daily amount or the daily demi-montant of the allowance, taking particularly into account: 1 ° of the height of the salary that the unemployed person earned before he became unemployed, and for the unemployed which is still bound by a contract of employment, from the height of the remuneration during this contract of employment;
2 ° weekly labour of the unemployed until he becomes unemployed and unemployed person who is still bound by a contract of employment, the duration of the work during this contract of employment;
3 ° of the composition of the unemployed person's household, for which a distinction can be made according to whether the unemployed person lives or not as isolated and with or without dependants, taking account of the degree of relationship or alliance, of the importance of the income of people living under the same roof as the unemployed and loads that the unemployed person has towards the parents or allies with whom he no longer living under the same roof;
4 ° the duration of unemployment, with the possibility of a degression of allocation depending on the duration of unemployment and breaking the link with the previous salary in the case of long-term unemployment;
5 ° the professional past of the unemployed, its degree of reduced fitness and his age;
6 ° the fact that the unemployed person is or is not registered as a jobseeker with the relevant placement service;
7 ° nature, magnitude, income and the timing of the exercise of the activities by the unemployed person.
For allowances determined in accordance with the preceding paragraph, the King may determine a maximum and a minimum amount, which can vary according to the criteria listed in the preceding paragraph.
The

amount of basis of the allocation fixed in accordance with the preceding paragraphs may be increased by a supplement, especially when it comes to an older unemployed. The King determines the method of calculation as well as the conditions and modalities of this supplement. "."
S. 36. This chapter is effective July 1, 2012.
CHAPTER 13. -Social status of the self-employed Section 1st.
-Representatives art. 37. in article 3 of the royal decree No. 38 of 27 July 1967 organizing the social status of the self-employed, as last amended by the programme act of 30 December 2001, the following changes are made: 1 ° in the 1st paragraph, paragraph 4 is replaced by the following: "subject to the application of articles 5bis and 13, § 3, people who are designated as agents in an association or a society of law or fact that engages" an operation or operations of a non-profit nature, or which, without be designated, exercising a warrant in such association or society, is presumed, so rebuttable, exercise a self-employed occupation.
The business of self-employed, as agent within an association or a society subject to Belgian tax of companies or Belgian tax for non-residents, is presumed, so rebuttable, take place in Belgium. "
2 °, paragraph 2 is replaced by the following: "§ § 2 2" "The King may determine the manner in which the presumptions referred to in paragraph 1, paragraphs 4 and 5, can be reversed."
S. 38. the section 37 comes into force the day of the publication of this Act in the Moniteur belge.
Section 2. -Exemptions from contributions Arts commission 39. in article 17 of royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, as amended by the Act of December 23, 2009, a paragraph worded as follows shall be inserted between paragraphs 4 and 5: "self-employed or persons jointly and severally liable under article 15, § 1, can challenge the legality of the decision of the Commission concerning the Court's work" , pursuant to article 581.1 °, of the Judicial Code. The Labour Court is seized by contradictory motion pursuant to Section 704, § 1, of the Judicial Code.
The query is, under penalty of forfeiture, introduced within 2 months of the notification of the decision."
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40. article 22 of the same order, as last amended by the Act of December 23, 2009, is supplemented by a paragraph as follows: "For all disputes against the Minister who has the social status of the self-employed in its functions with respect to a decision taken by the Committee on contributions exemptions, the appearance in person on behalf of the State may be ensured by any officer in DG-independent of the FPS social security."
Section 3. -Reform of the calculation of social security contributions for the self-employed arts.
41 in article 11 of the same Decree, replaced by the law of November 22, 2013, the following changes are made: 1 ° paragraph 3, paragraph 6, is complemented by an e), as follows: "e) for self-employed workers who, in addition to their independent activity, receive a retirement pension, early or not, or a pension of survival or a benefit in lieu under the self-employed or another pension plan pension plan: pay a fee equal to the threshold for allowable activity which is applicable in accordance with article 107, §§ 2, 3 and 5 of the royal decree of 22 December 1967 on the general regulation to superannuation retirement and survival of workers independent; ";
2 ° in paragraph 5, in the fourth indent of paragraph 4, the words "at the time of the application" shall be replaced by the words "the effective date of the pension courses".
S. 42. in article 13, § 1, paragraph 4, of the same arrested, restored by the law of June 28, 2013, the words ", where appropriate capped in accordance with article 11, § 6" are repealed.
S. 43. articles 41 and 42 come into force January 1, 2015.
Section 4. -Supplementary pensions of the self-employed s. 44. article 44, paragraph 2, of the programme law (I) of 24 December 2002, as last amended by the programme act of 9 July 2004, is replaced by the following: "§ § 2 2" The contribution made by the affiliate to the constitution of the supplementary pension is expressed as a percentage of earned income defined in article 11, paragraph 2, subparagraphs 1, 2, 4, 5, 6 and 7, of the royal No. 38 of 27 July 1967 organizing the social status of self-employed persons.
§ 2/1. Professional income referred to in paragraph 2 are those that relate to the exercise of taxation year refers to the second calendar year immediately preceding that for which the premiums are due.
§ 2/2. Professional income referred to in §§ 2 and 2/1 are multiplied by a fraction that is determined by the King at the beginning of each calendar year. The denominator of this fraction is the average of the indices of the consumer prices of the reference year referred to § 2/1; the numerator indicates the average of the indices of consumer prices assumed for the year for which contributions are due.

§ 2/3. The King determines, on the joint proposal of the Minister of finance, the Minister of the Middle Classes and the Minister of Pensions, the minimum amount and the maximum rate of contribution.
However, the maximum contribution rate cannot exceed 8.17% of the professional income set within a threshold and a ceiling determined by the King, on the joint proposal of the Minister of finance, the Minister of the Middle Classes and the Minister of Pensions.
§ 2/4. The King determines how in case of beginning or resumption of business activity assessments are calculated.
He said to this effect that means beginning or resumption of work within the meaning of this paragraph there.
§ 2/5. a) where incomes are lower than two-thirds of the amount referred to in article 12, § 1, paragraph 2, of the royal decree No. 38 of 27 July 1967, without prejudice to provisions of § 2/3, the self-employed and the caregiver can make a contribution equal to 8.17% of their professional income.
b) the assisting spouse can, in the same conditions, make a contribution equal to 8.17% of his professional income if less than two-thirds of the amount referred to the a half his income for the year (by reference), referred to the § 2/1,). "."
S. 45. article 45 of the same programme act is replaced by the following: 'article 45. contributions referred to in this Act have, respect to taxes on income, the character's dues in implementation of the social legislation, provided that the affiliate has, during the year in question, effectively and fully paid premiums due under the royal decree No. 38 of 27 July 1967, which became payable during that year. "."
S. 46. in article 46, § 1, of the same programme Act, the words "article 44, § 2, paragraph 2," are replaced by the words "article 44, § 2/3".
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47. This section enter into force January 1, 2015.
CHAPTER 14. -Adaptations of employer contributions for social security following the 6th reform of State art. 48 in article 5 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, replaced by the royal decree of 8 August 1997, the 1 ° f), is repealed.
S. 49. in article 21 of the law of 29 June 1981 laying down the General principles of social security for wage-earners, replaced by the royal decree of 8 August 1997, paragraph 2, 6 °, is repealed art. 50. in article 23 of the same Act, inserted by the royal decree of 8 August 1997 and amended by the law of 24 December 2002, in the last paragraph, the words "§ 3, 1 ° to 7 °" are replaced by the words '§ 3, 1 ° or 2 ° or 3 °'.
S. 51. in article 37ter, § 1, of the Act, inserted by the law of 24 December 1999, and replaced by the law of 20 July 2005, the words "1 ° to 7 °" in paragraph 1 are replaced by the words '1 ° or 2 ° or 3 °'.
S. 52. in article 37quater, § 3, inserted by the Act of 23 March 2001 and replaced by the law of 27 December 2006, of the same Act the following changes are made: 1 ° '§ 3, 2 °, 3 ° and 4 °' shall be replaced by the words "§ 3, 3 °", 2 ° the words "and article 18 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 repealed.
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53 in article 38, paragraph 3, of the Act, replaced by the royal decree No 96 of September 28, 1982 and amended as last amended by the Act of 26 December 2013, the following changes are made: a) 1 ° to 7 ° shall be replaced as follows: "1 ° a 24.92% employer contribution is due for all workers, with the exception of those referred to the 2 ° and 3 ° below.
For categories of workers for which the application of the Act is limited on the basis of article 2, § 1, 2 ° of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, the employer contribution due is calculated by deducting the corresponding premium rate for each non-regime. The different rates of contribution are included to 4 ° below.
2 ° for workers employed by a private person who organizes an educational institution, an educational and vocational counselling service or a psycho-medico-social centre

and who are not paid with own means, or are members of the academic staff of a University, and for those employed by the State, communities, regions, including public interest organizations and autonomous public enterprises that depend on, with the exception of the autonomous public undertakings covered by article 1, § 4, of the Act of 21 March 1991 on the reform of certain economic public companies an employer contribution of 24,82% is due.
If however they are subject to the application of articles 7, 8, 9 or 11 to 14 inclusive of the royal decree of 28 November 1969 made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers and that they are named or that they are in a statutory link, an employer 17.82% basic contribution is due.
The same percentage shall apply to persons who satisfy the conditions of article 4 of the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
For categories of workers for which the application of the Act is limited on the basis of article 2, § 1, 2 °, of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, the employer contribution due is calculated by deducting the corresponding premium rate for each non-regime.
The different rates of contribution are included to 4 ° below.
3 ° for workers employed by provincial and local administrations affiliated at the national Office for social security for provincial and local governments, an employer contribution of 23.07% is due.
For categories of workers for which the application of the Act is limited on the basis of article 2, § 1, 2 °, of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, the employer contribution due is calculated by deducting the corresponding premium rate for each non-regime. The different rates of contribution are included to 4 ° below.
4 ° in relation to the application in fine of 1 °, 2 ° and 3 °, contribution rates are fixed as follows: Pensions: 8.86% allowances friend 2.35% unemployment: 1.46% health care: 3.80% occupational diseases: 1.00% Accidents at work: 0.30% b) paragraph is completed by 11 °, as follows: "11 ° 1.40% of the amount of the remuneration of the worker; This special assessment is due by each employer for workers who meet the criteria of 2 °, paragraph 2."
S. 54. in article 38, § 3A of the Act inserted by order No. 401 royal on April 18, 1986, and as last amended by the royal decree of December 11, 2013, the following changes are made: 1 ° in the eighth preambular paragraph, the words "the contribution to the system of family allowances, referred to in section 18 of the royal decree of 25 October 1985 "on implementation of Chapter 1, section 1 of the Act of 1 August 1985 concerning social provisions, and" shall be deleted and the words "arrested" are replaced by "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";
2 ° the last paragraph is repealed.
S. 55. in article 326, paragraph 1, of the programme law (I) of 24 December 2002, '1 ° to 7 °' shall be replaced by the words "1 ° or 2 ° or 3 °" and '1 ° to 8 °' shall be replaced by the words '1 ° or 2 ° or 3 ° and 8 °'.
S.
56. in articles 36 and 37 of the programme act of June 8, 2008, the words "§ 3, 1 ° to 6 ° and 8 ° to 10 °" are each time replaced by the words "§ 3, 1 ° or 2 ° or 3 ° and 8 ° to 10 °".
S.
57. in article 38, § 3D, of the law of 29 June 1981 laying down the General principles of social security for employed persons, inserted by the law of 22 February 1998, the words "for a period expiring 31 December 2014" shall be inserted between the words "January 1, 1999" and the words ", it is established".
S. 58. article 121, § 2, paragraph 1, of the Act of 22 January 1985 relief containing social provisions, replaced by the law of 27 December 2006, is supplemented by the words ", for a period expiring on 31 December 2014.".
S. 59. article 3, paragraph 1, 3 °, of the law of 1 August 1985 concerning of the social provisions is repealed.
S.
60. in article 185, § 1, of the law on the social provisions of 29 April 1996, amended by the acts of 24 December 1999 and may 6, 2009, the following changes are made: 1 ° in the first paragraph, the words '1 ° to 7 °' shall be replaced by the words "1 ° or 2 ° or 3 °";
2 ° in the second paragraph, the words "1 ° to 8" are replaced by the words '1 ° or 2 ° or 3 ° and 8 °'.
S. 61. in the law of 27 December 2006 by the various (I) provisions, it is inserted an article 194/1, as follows: "article 194/1 this section no longer apply as from 1 January 2015 for the employers to which applies the law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers."
S. 62. article 77 of December 19, 1939 coordinated laws on family allowances for employed persons is hereby repealed.
S. 63. This chapter enter into force January 1, 2015.
CHAPTER 15. -Amendments to the law of 12 August 2000 establishing social, budgetary provisions and various arts.
64. the heading of chapter XI of title X of the Act of 12 August 2000 on social, budgetary and diverse provisions is replaced by the following: "development of workers at the disposal of users within a group of employers and organizing acting of insertion".
S.
65. the heading of section 1 of the same chapter XI of the Act is replaced by the following: "Placing of workers available to users within a group of employers" art.
66. article 186 of the Act is replaced by the following: 'article 186. by way of derogation from article 31 of the Act of 24 July 1987 on temporary work, temporary agency work and of workers at the disposal of users, the Minister who had employment, labour and social consultation in charge may authorize groups of employers to make workers available to users. The Minister sets the term of this permission.
This authorization is subject to prior notice to a body comprising equal numbers within which sit all the organizations represented on the National Council of labour.
The fixed King, by deliberate order in Council of Ministers, and after receiving the opinion of the national Council of labour, under what conditions this licence is granted.
The Minister may terminate its authorization when the grouping of employers does not meet the conditions laid down in the authorization or the legal, regulatory and conventional obligations entrusted to him. "."
S. 67. article 187 of the Act is replaced by the following: 'article 187. to receive an authorization referred to in article 186, the grouping of employers must have the form of a grouping of economic interest within the meaning of book XIV of the Code of corporations or a non-profit association within the meaning of the law of June 27, 1921 on non-profit associations, international non-profit associations and foundations and be unique social development workers available to its members.
The grouping of employers cannot make its workers only available to employers who are members of the Group of employers.
The members of the grouping of employers are jointly and severally liable for tax and social security debts against the third party, in respect of workers who are made available to the members of the grouping of employers by the grouping of employers.
The grouping of employers may not make available to workers in the event of strike or lockout in this same Member.
The grouping of employers may appeal to the intervention of an external Organizer specifically approved as a specialist in the labour market. If this external Organizer also operates temporary work, legislation on temporary work does not apply to the activities pursued in the exclusive group of employers.
The King may, by Decree deliberated in the Council of Ministers, and after receiving the opinion of the national labour Council, submit the economic interest grouping or non-profit association to additional conditions for the application of this Act.
The King may, by Decree deliberated in the Council of Ministers, and after receiving the opinion of the national labour Council, allow the economic interest grouping or association without profit to have other objects than the placing of workers at the disposal of its members. '. "
S.
68. article 188 of the Act is replaced by the following: 'article 188. the contract of employment between the employer and the worker will be placed at the disposal of users must be determined before the beginning of the execution of this contract in writing.
The employment contract can be concluded to indeterminate, term or for a clearly defined work.
The weekly duration of the worker's work agreed in the contract of employment referred to in paragraph 1 cannot be less than nineteen hours.
It must be specified in the contract of employment it is concluded to establish the worker available to users who are members of the Group of employers. "."
S.
69

Section 189 of the Act is replaced by the following: 'article 189. by way of derogation from article 37/2 of the Act of 3 July 1978 on contracts of employment, the worker placed at the disposal of a user under this Act who, before his commitment, was job seeker vacant of long duration, recipient of the social integration income or beneficiary of social financial assistance, with the exception of workers responsible for the direction and supervision of other workers put at the disposal of the user may terminate the contract of work referred to in article 188, notice of seven days after the notification.
The King defines what is meant by job seeker unoccupied long-term beneficiary of income of social integration or financial social aid recipient. "."
S. 70. article 190 of the Act is replaced by the following: 'article 190. in its authority granted under section 186, the Minister determines JAB which covers workers in the grouping of employers.
If all users are the same JAB, the Minister may determine another commission.
If all members of the grouping of employers do not fall within the same joint commission, the Minister of employment, labour and social consultation determines the JAB of the grouping of employers among the joint commissions which are members of the Group of employers.
If all members of the grouping of employers are not the same JAB, the principle of "user pay" is applied to the Group of employers. The content and modalities of the principle of "user pay"are fixed by a collective labour agreement within the national labour Council and made mandatory by royal decree".
S.
71. in the Act, it is inserted an article 190/1, as follows: "s.190/1.
The provisions of this section are evaluated every two years within the national labour Council. "."
S. 72. the King determines, by royal decree deliberated in the Council of Ministers, the date of entry into force of this chapter.
CHAPTER 16. -Funding art. 73. own reserves referred to in article 39bis, § 2, of the law of 29 June 1981 laying down the General principles of social security for wage-earners, are definitively acquired by the national agency of global social-management security, from January 1, 2015.
S.
74. from 1 January 2015, the contributions referred to in article 18 of the royal decree of 25 October 1985, implementing of Chapter 1, section 1, of the Act of 1 August 1985 concerning social provisions, are intended for overall management.
The national Office of social security for provincial and local government is authorized to raise an amount of EUR 47.000.000 on the product of contributions referred to in article 38, paragraph 3, 5 °, of the law of 29 June 1981 laying down the General principles of social security for employees, before the payment to the overall management.
This amount is intended to fund pensions of the statutory staff members affiliated to the pension fund support of the national Office for social security for provincial and local governments.
This amount shall be adjusted annually at the rate of the average in the consumer price index.
S.
75. articles 73 and 74 come into force January 1, 2015.
CHAPTER 17. -Liability art. 76. article 2 of the Act of 21 December 2013 on the various urgent provisions for social legislation is repealed.
S. 77. article 76 is effective January 27, 2014.
CHAPTER 18. -Modification of Code judiciary art.
78. in article 1410, § 4, paragraph 1, of the Judicial Code, replaced by the law of 25 January 1999, the words "or using the financial resources made available to the communities and the Joint Community Commission for the payment of family from the date of 1 January 2015 benefits", are inserted between the words "budgets of the public social assistance centres" and the words "can be recovered from office".
CHAPTER 19. -Amendment of article 51 of the programme act of June 28, 2013 s. 79. article 51 of the programme act of June 28, 2013 is supplemented by the following sentences: "this date may be earlier than that on which the royal decree which will set the date of entry into force of the aforementioned legal provisions is published in the Moniteur belge.
The King may also set a date to which sections 43, 44 and 47 shall cease to be in force. "."
CHAPTER 20. -Subjection of the operational staff of the relief areas article 80. in article 1 of the law of 3 July 1967 on prevention or repair of damage resulting from occupational accidents, accidents occurring on the way of labour and related illnesses in the public sector, most recently amended by the Act of July 31, 2013, is inserted a 12 °, as follows: "12 ° to relief areas , including the voluntary members of operational staff. However, with regard to the latter, only the provisions relating to occupational diseases are applicable. "."
S. 81. article 103 of the Civil Security Act of 15 May 2007 is replaced by the following: 'article 103. the operational staff of the area is composed of: 1 professional firefighters °;
2 voluntary firefighters °;
3 ° professional ambulance, non-pompier;
4 ° volunteer ambulance, non-pompier.
Volunteer firefighters and volunteer ambulance referred to the 2 ° and 4 ° are members of staff of the area for which their function in the area is not their main activity.
Professional firefighters and the professional ambulance referred to in 1 ° and 3 ° are used principally by zone. "."
S. 82. article 205 of the Civil Security Act of 15 May 2007 is supplemented by the following two subparagraphs: ' by way of derogation from paragraphs 1 and 2, non-pompiers ambulance and non-pompiers nurses who are part of the administrative and technical staff of public fire services, become operational staff from the area, with quality of staff voluntary or contractual.
Without prejudice to the application of article 207, this staff is subject to the status of application non-pompiers the areas of emergency paramedics. "."
Promulgate this Act, order it to be coated with the seal of State and published by le Moniteur.
Given to Brussels, April 25, 2014.
PHILIPPE by the King: the Minister of Social Affairs, Ms. L. ONKELINX the Minister of employment, Ms. M. DE CONINCK Minister of the independent, Ms. S. LARUELLE. the Secretary of State for Social Affairs, responsible for risk professionals Ph. COURARD 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 - 3359 (2013/2014).
Full report: March 27, 2014.
Senate (www.senat.be) Documents: 5-2819-2013/2014: annals of the Senate: April 3, 2014