belgiquelex.be - Carrefour Bank of Legislation 4 AVRIL 2014. - An Act to amend the Act of April 25, 1963 on the Management of Public Interest Organizations of Social Security and Social Security (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. Article 4, paragraph 1
er, of the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Welfare, the words "of the National Office of Family Allowances for Employees and" are repealed.
Art. 3. In the same Act, an article 4quater is inserted, as follows:
"Art. 4quater. By derogation from sections 2 and 3, the Management Committee of the National Office of Family Allowances for Employees is composed of:
1° of a president;
2° in equal numbers, effective and alternate representatives of employers' representative organizations and workers' representative organizations. As of 30 June 2014, two effective members from the representatives of employer representative organizations are replaced by two representatives from the representative organizations of the middle classes with effective membership;
3° of actual and alternate representatives of other organizations interested in the management of this organization;
4° of actual and alternate representatives of the Flemish Community, the French Community or the Walloon Region in the event of the application of Article 138 of the Constitution, the German-speaking Community and the Joint Community Commission.
The King sets the number of effective and alternate members for the categories of representatives referred to in paragraph 1
erTwo and three.
The King shall appoint the effective and alternate members referred to in paragraph 1
er, 2°, on double lists submitted by representative organizations of employers, workers and the Higher Council of Independents and EMPs.
The King shall designate the organizations referred to in paragraph 1
er, 3°, and appoints actual and alternate representatives on double lists submitted by these organizations.
The King sets out by decree deliberately in the Council of Ministers, pursuant to Article 92ter of the special law of institutional reforms of 8 August 1980, on the agreement of the governments of the communities, the Walloon Region in the event of the application of Article 138 of the Constitution and the College of the Joint Community Commission, the number of effective and alternate members referred to in paragraph 1
er, 4°, and the mode of designation of these.
Actual members referred to in paragraph 1
er, 2° and 3°, and their substitutes in the event of absence of the actual members, have a deliberative vote.
Actual members referred to in paragraph 1
er, 4°, and their alternates in the event of absence of the effective members have a consultative vote until 30 June 2014. Actual members and their alternates in the event of absence of actual members shall be deliberative as of 1
er July 2014, except for the management of staff and the federal status of staff, subject to which they retain their advisory voice.".
Art. 4. In section 19 of the Act, the following amendments are made:
1. at 3°, the words "and article 4quater" are inserted between the words "article 4" and the words "it is not";
2. the 4° is replaced by the following:
"4° the presence of at least half of the representatives of employers' organizations, workers' organizations and, with respect to the National Institute of Disability Insurance, representatives of other organizations interested in the management of the organization, to deliberate effectively, as well as the voting procedures within the management committee;"
3. a 4° /1 is inserted as follows:
"4° /1 with respect to the National Office of Family Allowances for Employees, the presence of a majority, by registered bench, of the voting members referred to in Article 4quater, paragraph 1
er2°, 3° and 4°; what quorum is not required among the representatives referred to in section 4quater, paragraph 1
er4°, for decision-making on personnel management and its federal status. ";
4. the article is supplemented by a paragraph written as follows:
"The decisions of the Management Committee of the National Office of Family Allowances for Employees are taken by an absolute majority of the members participating in the vote. In addition, as of 1
er July 2014, for matters other than personnel management and the federal status of staff, a decision is still considered to be rejected if the majority of the number of appointed effective members referred to in section 4quater, paragraph 1
er, 4°, votes unfavourable to this one. The other terms of the vote are set by the rules of procedure. ".
Art. 5. In section 21 of the Act, as amended by the Act of 20 July 1991, the following amendments are made:
1° to paragraph 3, 1°, the words "these referred to in Article 4, or, in the case of members having a deliberative vote, those referred to in Article 4bis, paragraph 1
er, 2° and 3°, regularly invited to submit their lists of candidates for the constitution of the management committee" are replaced by the words "these referred to in Articles 4 and 4quater, or, when it comes to members with a deliberate vote, those referred to in Article 4bis, paragraph 1
er, 2° and 3°, regularly invited to submit their lists of candidates for the formation of the management committee or by the fact, with respect to the National Office of Family Allowances for Employees, that the authorities referred to in section 4quater, paragraph 1
er, 4°, do not designate their representatives within the time limit provided that they have been invited to attend regularly";
2° to paragraph 3, 2°, (a), the words "or, possibly, members representing the organizations referred to in Article 4 or Article 4bis, paragraph 1
er, 2° " are replaced by the words "or, possibly, members representing the organizations referred to in Article 4, in Article 4bis, paragraph 1
er, 2°, or section 4quater, i.e., with respect to the National Office of Family Allowances for Employees, the authorities referred to in section 4quater, paragraph 1
er4°
3° the article is supplemented by a paragraph written as follows:
"With respect to the National Office for Family Allowances for Employees, the minister to whom the agency reports is the Federal Minister for Social Affairs. "
Art. 6. Section 7 of the Act of 26 July 1960 reorganizing family allowances, replaced by the Royal Decree of 28 November 1978, is repealed.
Art. 7. This Act comes into force on the date fixed by the King. However, the amendments made by this Act concerning the representation of communities, the Walloon Region in the event of the application of Article 138 of the Constitution and the Joint Community Commission within the Management Committee of the National Office of Family Allowances for Employees, come into force only under the royal decree deliberated in the Council of Ministers taken pursuant to Article 92ter of the Special Law of Institutional Reforms of the Government 8
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 4 April 2014.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Average Class,
Mrs. S. LARUELLE
The Secretary of State for Social Affairs and Families,
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2013-2014.
House of Representatives:
Documents. - 53K3340
Senate:
Document. - 5-2524
