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Posted the: 2014-01-28 Numac: 2014200331 SERVICE PUBLIC FEDERAL security social 21 December 2013. -Act to amend the law of 29 June 1981 laying down the General principles of social security for employed persons PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we sanction the following Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 31quater of the law of 29 June 1981 laying down the General principles of social security for employed persons, inserted by the law of December 30, 2009, is supplemented by a paragraph 6 worded as follows: "§ § 6 6" In the case of transfer of the customer base of a social secretariat authorized, as defined in article 31ter, § 2, 2 °, as well as rights and obligations is linked to other approved social secretariat, proxies between employers affiliated to the former social secretariat can be automatically transferred and taken over by the new social secretariat, by way of derogation from the procedure laid down in paragraph 2.
If a certified social secretariat opts for this automatic transfer system, the proxies should not be sent to the national social security Office or the national Office of social security for provincial and local governments as prescribed by § 2.
An automatic transfer is possible only provided that the following conditions are fulfilled: 1 ° the new and the old social secretariat together inform the national social security Office or the national Office of social security of the provincial and local governments of the decision on transfer of customer and, at the latest before the start of the second quarter back the effective transfer;
2 ° at the latest before the start of the second quarter the actual transfer, the new and the old social secretariat inform together by registered employers affiliated to the former social secretariat about the following: has) the date fixed or proposed transfer;
(b)) the fact that the contents and conditions of the mandate and the contract with the former social secretariat are incorporated in full by the new social secretariat;
c) transfer principles, particularly as regards payments and other agreements concerning the past.
d) the possibility for the employer, if he does not wish to join the new social secretariat, to oppose the automatic transfer of its mandate through an express notice to the former social secretariat before the end of the second month of the second quarter the transfer;
(e) the liability of the employer for proof of dispatch of the notification referred to in point (d)) and the continuity of social administration.
3 ° before the start of the fourth quarter the effective transfer, the new social secretariat shall notify the national agency social security or the national social security Office of provincial and local governments, in the form of a signed statement, list the NSSO employers who are transferred to him, in the form of a signed statement;
4 ° before the start of the fourth quarter the actual transfer, the former social secretariat shall notify to the national social security Office or to the national social security agency provincial and local governments in the form of a signed statement, the list of numbers NSSO employers who refused the transfer to the new social secretariat;
5 ° the new social secretariat maintains for each employer to whom he addressed in the above procedure a folder, in which any communication about the transfer, as shown in the above 1 ° to 4 °, is noted.
This folder is the first application of the mentioned institutions in point 1 ° submitted for consultation.
S. 3. this Act produced its effects 1 April 2013.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: Minister of Social Affairs, Ms. L. ONKELINX the Minister of employment: Ms. M. DE CONINCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives Document - 53K 3106 Senate Document - 53-2384
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