Act Amending The Act Of April 25, 1963, On The Management Of Organizations Of Public Interest And Social Security And Welfare (1)

Original Language Title: Loi portant modification de la loi du 25 avril 1963 sur la gestion des organismes d'intérêt public de sécurité sociale et de prévoyance sociale (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014022169&caller=list&article_lang=F&row_id=700&numero=784&pub_date=2014-05-05&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-05 Numac: 2014022169 FEDERAL social security PUBLIC SERVICE April 4, 2014. -Act on the amendment of the Act of April 25, 1963, on the management of the public interest organizations of social security and welfare (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 in article 4, paragraph 1, of the Act of April 25, 1963, on the management of social security and social welfare, the words public interest organizations "of the national Office for family allowances for wage-earners and" are repealed.
S. 3. in the same Act, it is inserted an article 4quater, as follows: "article 4quater. by way of derogation from articles 2 and 3, the Management Committee of the national Office for family allowances for employed persons comprises: 1 ° of a president;
2 ° in equal numbers of representatives full and alternate with the representative organizations of employers and representative organizations of workers.
As of June 30, 2014, two full members representatives of organisations of employers are replaced by two representatives of the representative organizations of the middle classes having quality of members;
3 ° of representatives full and alternate to other organizations interested in the management of this organization;
4 ° of full and alternate representatives of the Flemish community, the French community and the Walloon Region in the event of application of article 138 of the Constitution, the German-speaking community and the Joint Community Commission.
The King sets the number of full and alternate members for the categories of representatives referred to in paragraph 1, 2 ° and 3 °.
The King appoints the members and alternates referred to in paragraph 1, 2 °, from double lists presented by the representative organisations of employers, workers and the Board of Governors for the self-employed and SMEs.
The King means the organizations referred to in paragraph 1, 3 °, and appoints the actual representatives and alternates from double lists submitted by these organizations.
The fixed King by Decree deliberated in the Council of Ministers, made pursuant to rule 92ter of the Special Act of institutional reforms of 8 August 1980 on agreement Governments communities, the Walloon Region in the event of application of article 138 of the Constitution, and the College meeting of the Joint Community Commission, the number of full members and alternates referred to in paragraph 1 4 °, and the method of appointment of these.
Members referred to in paragraph 1, 2 ° and 3 °, and alternates in the event of absence of members entitled to vote.
The members referred to in paragraph 1, 4 °, and alternates in the event of absence of the effective members have consultative voice until June 30, 2014. Members and their alternates in the absence of the full members have voting rights as of July 1, 2014, except with regard to personnel management and the federal statute, materials for which they retain their advisory. "."
S. 4. in article 19 of the Act, the following amendments are made: 1. in the 3rd, the words "and article 4quater" shall be inserted between the words "article 4" and the words 'there is no';
2. the 4 ° is replaced by the following: "4 ° the presence of at least half of the representatives of employers ' organizations, organizations of workers and with regard to the Institut national d'assurance maladie-invalidité, representatives of other organizations interested in the management of the Organization, to deliberate validly, as well as the voting modalities in the Management Committee;";
3. a 4 ° 1 is added worded as follows: "4 ° 1 in what respect the national Office of family allowances for salaried workers, the presence of a majority, by bench represented, members having the right to vote under article 4quater, paragraph 1, 2 °, 3 ° and 4 °; This quorum is not however required among the representatives referred to in article 4quater, paragraph 1, 4 °, for the taking of decisions relating to personnel management and the federal statute. ";
4. article is supplemented by a paragraph worded as follows: "the decisions of the Management Committee of the national Office for family allowances for employed persons are taken by an absolute majority of the members participating in the vote. In addition, from July 1, 2014, for the other substances that the personnel management and the federal statute, a decision is still considered rejected if a majority of the number of designated members referred to in article 4quater, paragraph 1, 4 °, will vote against it. Other details of the vote are laid down in the rules of procedure. "."
S. 5. in article 21 of the Act, as amended by the Act of 20 July 1991, the following changes are made: 1 ° to paragraph 3, 1 °, the words 'those referred to in article 4, or, where it's members with voting rights, those referred to in article 4bis, paragraph 1, 2 °, 3 °, invited regularly to present their lists of candidates for the constitution of the Management Committee' shall be replaced by the words "those referred to in articles 4 and 4quater" ", or, when it comes to members with voting rights, those referred to in article 4bis, paragraph 1, 2 °, 3 °, invited regularly to present their lists of candidates for the constitution of the Committee of management or by the fact, with regard to the national Office of family allowances for salaried workers, the authorities referred to in article 4quater, paragraph 1, 4 °, are not their representatives in the period while she is invited regularly";
2 ° to the paragraph 3, 2 °, a), the words "or, possibly, the members representing the organizations referred to in article 4 or article 4bis, paragraph 1, 2 °" are replaced by the words "or, possibly, members representing the organizations referred to in article 4, article 4bis, paragraph 1, 2 °, article 4quater, or, with respect to the national Office for family benefits for salaried workers authorities referred to in article 4quater, paragraph 1, 4 ° ";
3 ° article is supplemented by a paragraph worded as follows: "in relation to the national Office for family benefits for salaried workers, the Minister, whose Agency is the federal Minister of Social Affairs."
S.
6. article 7 of the law of July 26, 1960, on the reorganization of bodies of family allowances, replaced by the royal decree of 28 November 1978, is repealed.
S. 7 this Act comes into force on the date fixed by the King. However, the amendments made by this Act relating to the representation of communities, the Walloon Region in the event of application of article 138 of the Constitution and the common Community Commission in the Management Committee of the national Office for family benefits for salaried workers, take effect only by royal decree deliberated in the Council of Ministers made pursuant to rule 92ter of the Special Act of institutional reforms of 8 August 1980 on agreement of the Governments of the communities, the Walloon Region in the event of application of article 138 of the Constitution and the College meeting of the Joint Community Commission.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 2014.
PHILIPPE by the King: the Minister of Social Affairs, Ms. L. ONKELINX the Minister of Middle Classes, Ms. S. LARUELLE Secretary of State for Social Affairs and families, Ph. COURARD sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives: Documents. -K 53, 3340 Senate: Document. -5-2524