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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200335&caller=list&article_lang=F&row_id=1000&numero=1000&pub_date=2014-01-27&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-27 Numac: 2014200335 SERVICE PUBLIC FEDERAL security social 21 December 2013. -Law concerning provisions various urgent social legislation (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Coverage Section 1. -Extension to agents of the State on sick leave from the faculty to work as volunteers s.
2A. article 100, § 1, paragraph 2, of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, inserted by the Act of 3 July 2005, the words "or the administration of the medical expertise of the federal public Service health, food chain security and environment" shall be inserted between the word "consulting physician"and the word 'notes'. "
Section 2. -Craft art. 3. article 8 of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, repealed by Act of March 30, 1994, is restored in the following wording: «art.» 8. the special compensation fund for family allowances for workers in companies of skippers is authorized to claim from the national social security Office annually a grant to cover the cost of administration of the Special Fund.
The administrative boundary of the social security section is limited to six months of administration costs.
If the result of the fiscal leads to an exceedance of the administrative boundary, this intervention is reduced by the amount of the excess.
The grant of the national Office for social security amounts to 25% of the administrative costs and increased for the year 2013 and the year 2014 to 45% of administrative costs.
The Minister of Social Affairs may modify the amount of the subsidy. "Section 3. -Special assessment on premiums paid under a sectoral scheme of supplementary pension art.
4 A section 38, § 3B, paragraph 2, of the law of 29 June 1981 laying down the General principles of social security for wage-earners, "3.5 p.c." shall be replaced by the words "8.86 sq. ft."
Section 4. -Entry into force art. 5. This chapter enter into force the day of its publication in the Moniteur belge, with the exception of article 3, which produces its effects by 1 January 2013 and article 4, which takes effect July 1, 1992 and ceases to have effect on June 30, 1993.
CHAPTER 3. -Amendments to the Act of 10 April 1971 on the accidents at work Section 1st. -Provisions various arts.
6 A section 7 of the Act of 10 April 1971 on accidents at work, as amended by laws of April 1, 2007 and may 6, 2009, a paragraph worded as follows is inserted between paragraphs 1 and 2: "is also considered work-related 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 virtue of the execution of the contract. » Art. 7A article 27ter of the Act, inserted by the royal decree of March 31, 1987 and amended by the law of 22 February 1998, 13 July 2006 and 29 March 2012, the last two sentences are replaced by the following sentences: "to all the victims and their dependants, revaluation allowances and allowances referred to in article 27A revaluations. , last paragraph, due from 1 January 2012 shall be borne by the Fund of labour Accidents. The King can put also under the supra Fund above allowances which will be paid for the first time after the year 2012. » Art. 8A article 58, § 1, of the Act, as last amended by the law of March 29, 2012, the 20th is replaced by the following: ' 20 ° to grant allowances revaluation and revaluation of the allowances referred to article 27A, last paragraph, which shall be borne by the Fund on the basis of article 27ter.»
S.
9A article 59quater of the Act, inserted by the royal decree of March 31, 1987 and amended by the laws of the January 25, 1999, July 19, 2001 and December 24, 2002, paragraph 4 is replaced by the following: "the King shall determine the conditions under which the Occupational Accidents Fund: 1 ° may waive the recovery of the amounts referred to in article 59. 3 ° and 4 °;
2 ° may reduce or waive the fee referred to in article 59, 4 °;
3 ° may grant to the employer, the shipowner and the insurance undertaking exemption or reduction of the increase and of interest, referred to in paragraph 2. » Art. 10. article 62, paragraph 1, of the Act, as amended by the law of 3 May 1999 and 10 August 2001, the following sentence is added: "the King may lay down special rules for the definition and declaration of slight accidents and the conditions under which employers may be exempted from the requirement to declare the light accidents.
» Art. 11. article 63 § 1 of the Act is supplemented by a paragraph worded as follows: "in case of dispute between the insurance undertaking and the Fund for Accidents at work about support for the accident of labour and continuation of his refusal of the business of insurance to take the case support, the Fund may bring the dispute before the competent court. He informs the insurance company by registered letter at the post office, and the victim or his successors in title and the insurance fund to which the victim is affiliated, of its intention to bring the dispute to the competent court at the end of a period of three months from the date of the dispatch of the registered letter at the post. The victim or his successors in title and the insurance fund may, within the period of three months, demonstrate jointly and express their opposition to the introduction of this action by the Fund for Accidents at work. The victim or his assigns as well as its insurance fund are called to the cause. The decision to intervene will be enforceable. » Art. 12. article 69 of the Act, as amended by the laws of the April 29, 1996, 3 July 2005, July 13, 2006-December 22, 2008, is supplemented by a paragraph worded as follows: ' in the cases referred to in article 24, paragraph 1, the action in payment of compensation is prescribed by three years from the date of notification of the decision of declaration of healing.»
S. 13. article 72, paragraph 2, of the Act, inserted by the Act of 1 August 1985, is repealed.
S. 14. articles 12 and 13 shall apply to declarations of healing which are notified to the victims within a period of three years immediately preceding the date of entry into force of these provisions.
Judicial decisions having force deemed authority who commented on appeals against decisions of healing without permanent work incapacity declaration remain however acquired definitively.
S.
15 has the same law, article 80, replaced by the law of July 24, 2008, is supplemented by a paragraph worded as follows: "The King sets for the purposes of this article the categories of seafarers who are assimilated to apprentices."
S. 16. article 87bis of the Act, inserted by the law of August 10, 2001, is replaced by the following: "§ 1.» Without prejudice to the provisions of article 87, the Fonds des Accidents du travail and the National Bank of Belgium (NBB) conclude a Protocol concerning the communication of all relevant details in relation to the financial situation of the sector, the exchange of information and findings made in the course of the work of control and organization of common controls.
§ 2. Without prejudice to the provisions of article 87, the Fonds des Accidents labour and the "Financial Services and Markets Authority (FSMA)" also concluded a Protocol on the exchange of information and measures safeguard the interests of policyholders, insured persons and beneficiaries. » Art.
17. article 90bis of the Act, inserted by the Act of 29 April 1996 and amended by the Act of June 6, 2010 and the royal decree of 3 March 2011, is hereby repealed.
S. 18 article 91 of the same Act, inserted by the law of August 10, 2001 and amended by the royal decree of July 13, 2006, paragraph 2 is replaced by the following: "§ § 2 2» If, on expiry of the period referred to the § 1, the situation has not been rectified, the occupational accidents Fund Management Committee may, after hearing the insurance undertaking: 1 ° published in the Belgian Monitor, with a month's notice, the situation, unless it has been remedied endeans this last month;
2 ° ask the NBB and the FSMA to apply the measures referred to in articles 26, § 1, or 71 of the law of 9 July 1975 on the supervision of insurance companies. If necessary, the Minister who has social affairs in charge loads the NBB or the FSMA to take without delay the measures.
Without prejudice to paragraph 1, the funds of Occupational Accidents shall inform the NBB and the FSMA by the shortcomings noted in an insurance undertaking which is part of the law of a Member State of the European Union other than Belgium, for the purposes of articles 69 to 73 of the law of 9 July 1975 on the supervision of insurance companies. ' Section 2. -Entry into force art. 19. This chapter between the tenth day following its publication in the Moniteur belge, with the exception of article 59quater, paragraph 4, 2 °, of the law of 10 April 1971 on the accidents at work, as amended by article 9, which shall enter into force on December 31, 2015.

With respect to article 59quater, paragraph 4, 2 °, of the law of 10 April 1971 on work accidents, as amended by section 9, the King may set a date of entry into force prior to December 31, 2015.
The King determines what claims, which have been notified by the Fund before the date of entry into force of article 59quater, paragraph 4, 2 °, of the law of 10 April 1971 on the accidents at work, as amended by section 9, are taken into account for reduction or exemption of contributions referred to in article 59, 4 °, of the same Act.
CHAPTER 4. -Amendments to the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994 Section 1st. -Medical Council of disability arts. 20 article 81 of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, paragraph 1 is replaced by the following: "it is hereby established within the benefits Service a medical Council of disability, which includes a high commission and sections of the high commission, including the Organization and spring are determined by the King."
S.
21A article 82 of the coordinated Act, amended by the law of 22 February 1998 and July 13, 2006, the following changes are made: 1 ° 1st paragraph is supplemented by 5 ° as follows: "5 ° examines data on incapacity for work transmitted by insurers in the manner and within the time set by the Board of management of the Service of compensation."
2 ° in paragraph 2, the words "the regional commission" shall be replaced by the words "to one of the sections of the high commission."
S. 22. in article 90 of the coordinated Act, amended by the law of 24 December 2002 and April 28, 2010, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "medical consultant of the insurer body communicates to the medical Council of disability data relating to incapacity for work. The Committee of management of the Service of fixed compensation, on the advice of the higher Committee of the medical Council on disability, the contents of these data as well as the manner in which and the period for which these data must be communicated to the medical Council of disability. » 2 ° paragraph 2 present, becoming paragraph 3, is replaced by the following: "at the request of medical consultant, the holder can also be examined by the doctor Inspector of Service evaluation and medical control or a member, doctor of medicine, medical Council of disability. '' These are, in this case, the decision on the State of incapacity for work and the shall notify the licensee and medical consultant, under the conditions and time limits laid down by the Committee of management of the benefits Service. » Art. 23. in article 91, paragraph 2, of the coordinated Act, the words "or the doctor Inspector" are replaced by the words ", the doctor Inspector of Service evaluation and control medical or a member, doctor of medicine, medical Council of disability".
S.
24A article 94 of the same coordinated Act, amended by the law of April 28, 2010, the following changes are made: 1 ° in paragraph 2, the words "and the doctor Inspector" shall be replaced by the words ", the doctor Inspector of Service evaluation and control medical or a member, doctor of medicine, medical Council of disability".
2 ° paragraph 3 is replaced by the following: "decisions of the medical consultant, the doctor Inspector, medical disability or one of its members Council recognition of the end of the State of disability, have no retroactive effect."
» Art. 25. article 149 of the coordinated Act, amended by the law of 24 December 2002, is replaced by the following: «art.» 149. the decisions of doctors-inspectors on the State of incapacity for work shall be notified the same day to the holder and the consulting physician. These decisions are immediately enforceable.
These doctors-inspectors shall communicate to the medical Council of disability data relating to incapacity for work. The Committee of management of the Service of fixed compensation, on the advice of the higher Committee of the medical Council of disability, the contents of these data as well as the modalities and the time frame in which these data must be communicated to the medical Council of 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 earlier than referred to in paragraph 1.
CHAPTER 5. -Diseases professional art. 27. in article 116, paragraph 1, 5 °, of the programme law (I) of 27 December 2006, the words "article 125 § 2" are replaced by the words "article 125 § 3".
CHAPTER 6. -Allocations familiales Section 1st.
-Measures aimed at the legal framework of caisses of family allowances and technical measure in the fight against social fraud art. 28. section 28 of December 19, 1939 coordinated laws on family allowances for wage-earners, replaced by the law of March 29, 2012, the following changes are made: 1 ° 1st paragraph, item a) and b) are inserted point b) and c) following: "b) when the amounts charged to the contingency fund pursuant to section 91" § 4, 2 °, 3 ° - in what concerns the rates notified before January 1, 2014 - 6 ° to 8 °, in a calendar year exceed 25% of said funds at the beginning of the year cilvile;
(c) when the management account deficit amounts to more than 25% of the administrative reserve at the beginning of the year cilvile; ";
2 ° the point b) 1st paragraph becomes the point d);
3 ° to in paragraph 4, points b) and (c)) shall be replaced by the b) and (c)) following: "b) when the amount of the reserve fund has fallen by 60 per cent over a period of three years;"
(c) where the amount of the administrative reserve decreased by 60% over a period of three years; "."
S. 29. article 141 of the same laws, amended by the Crown order of 25 October 1960 and by the royal decree No. 68 November 10, 1967, is replaced by the following: 'l'Office national d'allocations familiales for salaried workers transmits, at the beginning of each quarter to the competent Minister a report relating to the supervision exercised by the institution, during this quarter on employers affiliated to the agency that are responsible of capitatives contributions and insured persons covered by this Act.
Reports are prepared in accordance with a model stopped by the competent Minister. ' Section 2.
-Protection subsidiary art. 30. in article 56sexies, § 1, paragraph 2, 3 °, same laws, inserted by the law of 24 December 2002, the words "or beneficiary of subsidiary protection status," shall be inserted between the word 'refugee' and the words ' within the meaning of ".
S.
31. in article 1, paragraph 7, 3 °, of the law of 20 July 1971 establishing of 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 "refugee" and the words "within the meaning of".
Section 3. -Entry into force art. 32. This chapter enter into force the first day of the month following that of the publication of this Act in the Moniteur belge, with the exception of article 28, which enters into force on January 1, 2014.
CHAPTER 7. -Financing alternative Section 1st. -Leave the paid education art. 33. in article 66, § 3D, paragraph 2, of the programme law of January 2, 2001, as amended by the law of March 29, 2012, the words "For the years 2008, 2009, 2010, 2011 and 2012, an additional amount to that referred to in § 2, 4 °, is levied 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 levied annually.
Section 2. -Entry into force art. 34. This chapter is effective January 1, 2013.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
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 the Secretary of State for Social Affairs and family, on occupational hazards, Ph. COURARD sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives: Document: K 53, 3007.
Senate: Document: 53-2355.