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Act Provisions Various Urgent Social Legislation (1)

Original Language Title: Loi portant des dispositions diverses urgentes en matière de législation sociale (1)

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belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2013. - Act on various urgent social legislation (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Substance
Section 1re. - Extension to State officials on sick leave of the faculty to work as volunteers
Art. 2. Article 100, § 1er, paragraph 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, inserted by the Act of July 3, 2005, the words "or administration of medical expertise of the Federal Public Service Public Health, Food and Environment Safety" are inserted between the word "counsel doctor" and the word "constate".
Section 2. - Batellerie
Art. 3. Section 8 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, repealed by the Act of 30 March 1994, is reinstated in the following wording:
“Art. 8. The Special Compensation Fund for Family Allowance for Workers in Batellerie Businesses is authorized to apply to the National Social Security Office annually for a grant to cover the administrative costs of the Special Fund.
The administrative reserve of the Social Security Section is limited to six months of administrative costs.
If the result of the accounting exercise leads to an overrun of the administrative reserve limit, this intervention is reduced by the amount of the overrun.
The National Social Security Agency grant amounts to 25% of the administrative costs and is increased for the year 2013 and for the year 2014 to 45% of the administrative costs.
The Minister of Social Affairs may amend the amount of the grant. »
Section 3. - Special contribution on premiums paid under a sectoral supplementary pension plan
Art. 4. In Article 38, § 3ter, paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, the words "3.5 p.c." are replaced by the words "8,86 p.c."
Section 4. - Entry into force
Art. 5. This chapter comes into force on the day of its publication in the Belgian Monitor, with the exception of Article 3 which produces its effects on 1er January 2013 and article 4 that produces its effects on 1er July 1992 and ceased to produce its effects on 30 June 1993.
CHAPTER 3. - Amendments to the Labour Accidents Act of 10 April 1971
Section 1re. - Miscellaneous provisions
Art. 6. Article 7 of the Labour Accidents Act of 10 April 1971, as amended by the Acts of 1er April 2007 and 6 May 2009, a paragraph to read is inserted between subparagraphs 1er and 2:
"It is also considered to be a work accident, the accident suffered by the worker outside the course of the performance of the contract, but which is caused by a third party by the performance of the contract. »
Art. 7. In section 27ter of the Act, inserted by the Royal Decree of 31 March 1987 and amended by the Acts of 22 February 1998, 13 July 2006 and 29 March 2012, the last two sentences are replaced by the following sentences:
"For all victims and their eligible beneficiaries, re-evaluation allowances and re-evaluations of the allowances referred to in section 27 bis, last paragraph, due from 1er January 2012 is in charge of the Labour Accidents Fund. The King may also charge the above-mentioned allocations that will be paid for the first time after 2012. »
Art. 8. Article 58, § 1er, of the same law, last amended by the Act of 29 March 2012, the 20th is replaced by the following:
"20° to grant re-evaluation allowances and re-evaluations of the allocations referred to in section 27bis, last paragraph, which are dependent on the Fund on the basis of section 27ter. »
Art. 9. In section 59quater of the Act, inserted by the Royal Decree of 31 March 1987 and amended by the Acts of 25 January 1999, 19 July 2001 and 24 December 2002, paragraph 4 is replaced by the following:
"The King determines the conditions under which the Labour Accidents Fund:
1° may waive the recovery of the amounts referred to in Article 59, 3° and 4°;
2° may reduce or exempt the contribution referred to in section 59, 4°;
3° may grant the employer, the shipowner and the insurance company the exemption or reduction of the increase and interest in delay referred to in paragraph 2. »
Art. 10. Article 62, paragraph 1erthe same law, as amended by the laws of 3 May 1999 and 10 August 2001, is supplemented by the following sentence:
"The King may set special rules for the definition and declaration of light accidents and the conditions under which employers may be exempt from the requirement to report light accidents. »
Art. 11. Article 63, § 1erthe same law shall be supplemented by a paragraph which reads as follows:
"In the event of a dispute between the insurance company and the Labour Accidents Fund regarding the handling of the work accident and the maintenance of the insurance company's refusal to take the case, the Fund may bring the dispute to the competent court. It shall inform the insurance company by registered letter to the position, as well as the victim or his or her right holders and the insurance agency to which the victim is affiliated, of its intention to bring the dispute to the competent court after a period of three months from the date of the sending of the said recommended letter to the position. The victim or his or her beneficiaries and the insurance agency may, within this three-month period, express their opposition to the introduction of this action by the Labour Accidents Fund. The victim or his or her rightful persons and his or her insurer are called to the cause. The judgment to intervene will be enforceable. »
Art. 12. Section 69 of the Act, as amended by the Acts of 29 April 1996, 3 July 2005, 13 July 2006 and 22 December 2008, is supplemented by a paragraph written as follows:
"In the cases referred to in Article 24, paragraph 1er, compensation action is prescribed three years from the date of notification of the recovery declaration decision. »
Art. 13. Section 72, paragraph 2, of the Act, inserted by the law of 1er August 1985, is repealed.
Art. 14. Sections 12 and 13 are applicable to healing statements that are notified to victims within three years of the effective date of these provisions.
Judgments that have the authority of force judged on appeals against decisions of declaration of healing without permanent incapacity remain, however, acquired definitively.
Art. 15. In the same Act, section 80, replaced by the Act of 24 July 2008, is supplemented by a paragraph written as follows:
"The King defines for the purposes of this article the categories of seafarers who are assimilated to apprentices. »
Art. 16. Section 87bis of the Act, inserted by the Act of 10 August 2001, is replaced by the following:
« § 1er. Without prejudice to the provisions of Article 87, the Labour Accidents Fund and the National Bank of Belgium (BNB) conclude a protocol concerning, inter alia, the communication of any relevant data related to the financial situation of the sector, the exchange of information and findings during the monitoring work and the organization of joint controls.
§ 2. Without prejudice to the provisions of section 87, the Labour Accidents Fund and the "Financial Services and Markets Authority (FSMA)" also enter into a protocol on the exchange of information and measures to safeguard the interests of insurance licensees, insured persons and beneficiaries. »
Art. 17. Section 90bis of the Act, inserted by the Act of 29 April 1996 and amended by the Act of 6 June 2010 and the Royal Decree of 3 March 2011, is repealed.
Art. 18. In section 91 of the Act, inserted by the Act of 10 August 2001 and amended by the Royal Decree of 13 July 2006, subsection 2 is replaced by the following:
“§2. If, upon expiry of the period referred to in § 1er, the situation has not been rectified, the management committee of the Industrial Accidents Fund may, after hearing the insurance company:
1° publish to the Belgian Monitor, for a month of notice, the situation observed, unless it was remedied by the latter month;
2° ask BNB and FSMA to apply the measures referred to in Articles 26, § 1er, or 71 of the Act of 9 July 1975 on the control of insurance companies. If necessary, the Minister who has the Social Affairs in his or her responsibilities shall charge the BNB or FSMA to take such measures without delay.
Without prejudice to paragraph 1er, the Labour Accidents Fund shall inform the BNB and the FSMA of the breaches in an insurance company that fall under the right of a Member State of the European Union other than Belgium, with a view to the application of sections 69 to 73 of the Act of 9 July 1975 on the control of insurance companies. »
Section 2. - Entry into force
Art. 19. This chapter comes into force on the tenth day following its publication in the Belgian Monitor, with the exception of Article 59quater, paragraph 4, 2°, of the Labour Accidents Act of 10 April 1971, as amended by Article 9, which comes into force on 31 December 2015.
With respect to section 59quater, paragraph 4, 2°, of the Act of 10 April 1971 on industrial accidents, as amended by section 9, the King may set a date of entry into force prior to 31 December 2015.
The King determines which claims, which were notified by the Fund before the date of entry into force of section 59quater, paragraph 4, 2°, of the Act of 10 April 1971 on industrial accidents, as amended by section 9, are taken into account for the reduction or exemption of the contributions referred to in section 59, 4°, of the Act.
CHAPTER 4. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1re. - Medical Disability Council
Art. 20. Section 81 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, paragraph 1er is replaced by the following:
"It is established with the Compensation Service a Medical Disability Council, which includes a superior commission and sections of the upper commission, whose organization and jurisdiction are determined by the King. »
Art. 21. In section 82 of the same coordinated law, as amended by the laws of 22 February 1998 and 13 July 2006, the following amendments are made:
1st paragraph 1er is completed by the 5th written as follows:
"5° examines data on incapacity for work transmitted by insurers in the manner and within the time limit set by the Management Committee of the Compensation Service. »;
2° in paragraph 2, the words "of the regional commission" are replaced by the words "of one of the sections of the superior commission. »
Art. 22. In section 90 of the same coordinated law, as amended by the laws of 24 December 2002 and 28 April 2010, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"The medical consultant of the insurance agency communicates to the Medical Disability Council the data relating to incapacity for work. The Management Committee of the Indemnity Service shall, on the advice of the High Commission of the Medical Council on Disability, set out the content of the data and the manner in which and the time limit for such data to be communicated to the Medical Council on Disability. »
2° current paragraph 2, becoming paragraph 3, is replaced by the following:
"At the request of the medical consultant, the licensee may also be examined by the medical inspector of the Medical Evaluation and Control Service or by a member, doctor of medicine, of the Medical Council of Disability. In this case, they shall take the decision on the state of incapacity and notify the licensee and the consulting physician of the decision on the conditions and time limits set by the Management Committee of the Compensation Service. »
Art. 23. In section 91, paragraph 2, of the same coordinated law, the words "or the doctor-inspector" are replaced by the words ", the doctor-inspector of the Medical Evaluation and Control Service or a member, doctor of medicine, of the Medical Disability Council".
Art. 24. In section 94 of the same coordinated law, as amended by the Act of 28 April 2010, the following amendments are made:
1° in paragraph 2, the words "and the doctor-inspector" are replaced by the words ", the doctor-inspector of the Medical Evaluation and Control Service or a member, doctor of medicine, of the Medical Council of Disability".
2° Paragraph 3 is replaced by the following:
"The decisions of the medical advisor, the doctor-inspector, the Medical Council for Disability or one of its members, which determines the end of the disability status, do not have a retroactive effect. »
Art. 25. Section 149 of the same coordinated law, as amended by the Act of 24 December 2002, is replaced by the following:
"Art. 149. The physician-inspectors' decisions on the state of incapacity for work are notified on the same day to the licensee and to the consulting physician. These decisions are immediately enforceable.
These inspectors provide the Disability Medical Council with data on incapacity for work. The Management Committee of the Indemnity Service shall, on the advice of the High Commission of the Medical Council on Disability, set out the content of the data and the terms and time frame for the provision of the data to the Medical Council on Disability. »
Section 2. - Entry into force
Art. 26. This chapter comes into force on December 31, 2015.
With respect to this chapter, the King may set a date of entry into force prior to that referred to in paragraph 1er.
CHAPTER 5. - Occupational diseases
Art. 27. In Article 116, paragraph 1er5°, of the Programme Law (I) of 27 December 2006, the words "of Article 125, § 2" are replaced by the words "of Article 125, § 3".
CHAPTER 6. - Family allowances
Section 1re. - Measuring legal supervision of family allowance funds and technical measures in the fight against social fraud
Art. 28. In section 28 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers, replaced by the Act of 29 March 2012, the following amendments are made:
1° to paragraph 1erbetween (a) and (b) are inserted the following points (b) and (c):
"(b) where the amounts charged to the reserve fund under Article 91, § 4, 2°, 3° - with respect to the debits notified before 1er January 2014 -, 6° and 8°, in a calendar year exceed 25% of the amount of the fund at the beginning of the calendar year;
(c) where the management account deficit is more than 25% of the administrative reserve at the beginning of the calendar year; ";
2° paragraph 1 (b)er (d)
3° in paragraph 4, items (b) and (c) are replaced by the following points (b) and (c):
"(b) when holding the reserve fund decreased by 60% over a three-year period;
(c) where the administrative reserve has decreased by 60% over a three-year period; "
Art. 29. Section 141 of the Acts, amended by the Royal Decree of 25 October 1960 and by Royal Decree No. 68 of 10 November 1967, is replaced by the following:
"At the beginning of each quarter, the National Office for Family Allowances for Employee Workers shall transmit to the appropriate minister a report on the monitoring of the institution, during the past quarter, on employers affiliated to the Agency who are liable for charitable contributions and on social insurance covered by this Act.
The reports are prepared in accordance with a model established by the competent minister. »
Section 2. - Subsidiary protection
Art. 30. In Article 56sexies, § 1er, paragraph 2, 3°, of the same laws, inserted by the law of 24 December 2002, the words "or beneficiary of subsidiary protection status," are inserted between the word "refugee" and the words "in the sense of".
Art. 31. In Article 1er, paragraph 7, 3°, of the Act of 20 July 1971 establishing guaranteed family benefits, inserted by the Act of 29 April 1996, the words "as well as the beneficiary of subsidiary protection status," are inserted between the words "the refugee" and the words "in the sense of".
Section 3. - Entry into force
Art. 32. This chapter comes into force on the first day of the month following that of the publication of this Act to the Belgian Monitor, with the exception of section 28, which comes into force on 1er January 2014.
CHAPTER 7. - Alternative financing
Section 1re. - Education-paid leave
Art. 33. In article 66, § 3quinquies, paragraph 2, of the programme law of 2 January 2001, last amended by the law of 29 March 2012, the words "For the years 2008, 2009, 2010, 2011 and 2012, an additional amount to that referred to in § 2, 4°, is taken annually" are replaced by the words "For the years 2008, 2009, 2010, 2011, 2012, 2013 and 2014, an additional amount to that referred to in § 2, 4°, is taken annually".
Section 2. - Entry into force
Art. 34. This chapter produces its effects on 1er January 2013.
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 on 21 December 2013.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment:
Ms. M. DE CONINCK
The Secretary of State for Social Affairs and Families, responsible for professional risks,
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
Document: 53K3007.
Senate:
Document: 53-2355.