belgiquelex.be - Carrefour Bank of Legislation

30 AOUT 2013. - Act to establish a limited-term military career (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act sets out the status of the active personnel recruited for a limited-term career, as described below as "BDL military".
The BDL soldiers are:
1st level A officers and candidates BDL officers;
2° the officers and candidates BDL officers of level B;
3° non-commissioned officers and non-commissioned officers BDL;
4° the non-commissioned officers and non-commissioned officers of level C;
5° volunteers and volunteers BDL.
Art. 3. As long as these provisions are not inconsistent with the provisions of this Act and provided that the regulatory provisions are not inconsistent with the regulations made pursuant to this Act, all the legislative and regulatory provisions applicable to career military personnel are applicable to BDL military personnel, according to the category of personnel and the level to which they belong.
As long as these provisions are not inconsistent with the provisions of this Act and provided that the regulatory provisions are not inconsistent with the regulations made pursuant to this Act, all applicable legislative and regulatory provisions, as the case may be, applicable to applicants or military career candidates, are applicable to BDL applicants or BDL military candidates, according to the category of personnel to which they belong.
The provisions of the coordinated military pension laws apply to BDL military.
CHAPTER 2. - Recruitment
Art. 4. In order to be able to acquire the BDL military quality, the BDL applicant must meet the same conditions as the career applicant, with the exception of the following conditions:
1° the officer BDL and the non-commissioned officer BDL of Level B may not have attained the age of twenty-nine years as of December 31 of the year of their incorporation;
2° the non-commissioned officer BDL of level C and the volunteer applicant BDL may not have attained the age of twenty-seven as of December 31 of the year of their incorporation.
CHAPTER 3. - Commitment
Art. 5. The commitment as a BDL military entails, in full right and on the date, as the case may be, the resignation of the employment or the termination of any prior engagement or re-engagement of the person who has already been a member.
Art. 6. The BDL military is engaged for a maximum of eight years.
The total duration of the CF member's career cannot exceed the duration of the undertaking referred to in paragraph 1^er and shall terminate, as the case may be:
1st day of the month in which the undertaking referred to in paragraph 1^er expires;
2° on the last day of the quarter in which the CF member reaches the age of, as the case may be:
(a) thirty-four years, if he is a BDL officer at level A or level B, or a BDL officer at level B;
(b) thirty-two years, if he is a BDL non-commissioned officer at level C or a BDL volunteer.
However, the BDL member who, as part of a social promotion for which he was approved by the Minister of Defence, has successfully completed a new basic training cycle can contract a new eight-year commitment in his new quality.
This new commitment takes place on the day the individual begins his new basic training cycle and ends straight, as the case may be:
1st day of the month in which the undertaking referred to in paragraph 3 expires;
2° on the last day of the quarter in which the CF member reaches the age of, as the case may be:
(a) thirty-eight years, if he is BDL officer at level B;
(b) thirty-six years, if he is a BDL officer at level C.
Art. 7. In derogation from section 6, paragraphs 2 or 4, the engagement of the BDL member may be extended, as the case may be:
1° of one month, in order to allow the CF member concerned to benefit from the orientation leave in accordance with section 33, paragraph 2;
2° in the cases referred to in section 161, paragraphs 4 to 6, of the Act of 28 February 2007 establishing the status of military and military candidates of the active framework of the armed forces, of the duration necessary for the completion of an internship, in order to allow, where appropriate, the BDL member who has applied for the transfer to a public employer to extend his period of disposal;
3° with a maximum of five months, the duration required for the completion of an operation or other mission, if any, when the engagement of the BDL member, having successfully completed the specific training prior to the mission, expires during his participation in:
(a) an operation or mission in any form of operational engagement, with the exception of policing engagement;
(b) any other mission outside the national territory, not referred to in (a), for a minimum of one month;
4° in the cases referred to in sections 22 and 23, of the duration required for the completion of a new basic training cycle, for the BDL member who was approved by the Minister of Defence for, as the case may be, a social promotion or a diploma promotion.
The authority designated by the King shall notify the applicable BDL military in writing of the extension of its undertaking.
CHAPTER 4. - Basic training cycle
Art. 8. Depending on the needs of the armed forces and the final objective of the training, the King sets out to which basic training cycle of career military candidates corresponds the basic training cycle of each BDL military candidate.
For the commissions during the basic training and for the appointment after this training:
1st Level A BDL candidate follows the fate of the Level A career candidate for special recruitment;
2° the candidate BDL officer of level B follows the fate of the candidate career officer of level B of special recruitment;
3° the BDL non-commissioned officer candidate follows the fate of the B-level non-commissioned candidate for special recruitment;
4° the BDL non-commissioned officer candidate at level C follows the fate of the non-commissioned career candidate at level C of normal recruitment;
5° the BDL volunteer candidate follows the fate of the volunteer career candidate for normal recruitment.
Art. 9. In derogation from Article 3, § 1^er, of the Act of 30 July 1938 concerning the use of languages in the army, the success of the examination on the effective knowledge of the language of the other language regime than that to which officer BDL belongs is required only when he meets the conditions for being appointed to the rank, as the case may be, of deputy lieutenant or lieutenant.
Art. 10. Loss the quality of military candidate BDL:
1° the one against which the final failure is pronounced, as the case may be, by a commission of deliberation, evaluation or appeal following an insufficient assessment:
(a) professional qualities;
(b) material qualities;
(c) physical qualities;
2° he who no longer possesses the required moral qualities;
3° the one whose commitment is terminated in accordance with Articles 16 to 18.
The King shall designate the competent authority to declare the loss of the quality of BDL military candidate or authorize a reclassification in another basic training cycle of BDL military candidate.
CHAPTER 5. - Continuous training
Art. 11. Level C BDL non-commissioned officer may not be admitted, either in the course of development, or in the rank of first sergeant-major examination in which the C-level career non-commissioned officer participates for his appointment to the rank of first sergeant-major.
The BDL level B non-commissioned officer may not be admitted to the course of development in which the Level B non-commissioned officer participates for his appointment as Chief Warrant Officer.
Officer BDL cannot be admitted to the basic staff training in which the career officer participates.
CHAPTER 6. - The suitability class
Art. 12. BDL member may file with the appeal proceeding referred to in section 178/2, paragraph 1^er, of the Act of 28 February 2007 establishing the status of the military and military candidates of the active armed forces, a single appeal against a decision relating to its membership in the category D.
Upon a decision of the Minister of Defence or the above-mentioned appeal proceeding, the BDL member referred to in paragraph 1^er, may retain the quality of BDL military for a period of six months.
A BDL member who, at the end of the period referred to in paragraph 2, continues to be a member of the Fitness Category D, is entitled to lose the quality of BDL military and cannot benefit from the provisions referred to in sections 29 and 30.
CHAPTER 7. - Temporary withdrawal of employment and termination of commitment
Art. 13. The temporary withdrawal of a BDL member will only take place in the following cases:
1° at the request of the member concerned, for personal or family reasons;
2° for health reasons;
3° per disciplinary measure.
Art. 14. The statutory and regulatory provisions applicable to career members on parental leave are not applicable to BDL military candidate.
Art. 15. The BDL member's commitment ends:
1° of full right, in accordance with the provisions of Article 6;
2° by termination of the undertaking, in accordance with the provisions of Articles 16 to 18.
Art. 16. The engagement of the BDL member is terminated in full right when:
1° is no longer a national of a member state of the European Economic Area or of the Swiss Confederation, or is subject to a decision to depart from the territory, return or expulsion, pursuant to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens;
2° signs an act of engagement in another capacity as a military candidate of the active framework;
3° is permanently placed on the board for physical incapacity;
4° is prohibited without a stay of life or temporarily of any of the rights listed in article 31, 1° and 6° of the Criminal Code;
5° does not retain at least the medical profile corresponding to its class of personnel established by the King;
6° loses the quality of BDL military candidate in accordance with Article 10;
7° has exhausted the orientation leave referred to in section 33.
The termination of the full-law undertaking takes effect as soon as the situation in which it occurs.
Art. 17. The engagement of the BDL member may be terminated upon his request in accordance with the terms and procedure established by the King.
Art. 18. The engagement of the BDL member may be terminated ex officio in the manner and procedure established by the King.
CHAPTER 8. - Admission to another BDL military or active military quality
Section 1^re. - Common provision
Art. 19. Any application for passage, social promotion or graduation promotion may be filed by the BDL member as soon as the day after the day on which the basic training cycle is notified.
The approval by the Minister of Defence of a BDL member for his or her admission to another BDL member's capacity or to another active member's capacity must take place no later than the last day of the month preceding the last year of his or her appointment.
In order to be admitted to another BDL military quality or to another military quality of the active military, the BDL military must meet the following conditions:
1° having not been refused more than four times for admission to another quality because it does not meet the conditions referred to in 2° to 7°;
2° be refused by the authority that the King designates;
3° be ranked in order in a passage test, within the limit of the number of open spaces;
4° having passed the military tests of physical fitness, according to the criteria established by the authority that the King designates;
5° for the Navy member, medically fit for service at sea;
6° if applicable, be a master, a bachelor or a higher secondary education degree, before the closing date of the registrations for the promotion on a diploma concerned;
7° if applicable, having passed the language examinations, as applicable:
(a) Article 2 of the Act of 30 July 1938 concerning the use of languages in the army;
(b) Articles 3 and 4 of the Act;
(c) Article 8, § 1^er, of the same law or be exempted from this examination according to the provisions of Article 8, § 2, of the same law.
The King sets out the content and terms of the passing test referred to in paragraph 3, 3°.
Section 2. - From the passage
Art. 20. At its request and the conditions that the King determines among the conditions referred to in Article 19, the BDL military may be admitted as a career soldier in the category of personnel corresponding to that to which it belongs as a BDL military.
Art. 21. The BDL member is admitted as a career soldier with his rank and seniority in this rank. He is ranked as a result of career soldiers of the same rank and seniority in this rank.
Section 3. - Social promotion
Art. 22. At its request and the conditions that the King determines among the conditions referred to in Article 19, may make a social promotion to the category or level of higher BDL personnel:
1° the BDL volunteer, to acquire the quality of BDL non-commissioned officer at level C;
2° the BDL non-commissioned officer of level C, to acquire the quality of BDL officer of level B.
Section 4. - From graduation
Art. 23. At its request and the conditions that the King determines among the conditions referred to in Article 19, may make a promotion on a diploma:
1° the BDL volunteer, to acquire, as the case may be, the quality of the B or C level career officer;
2° the C-level BDL non-commissioned officer, to acquire the quality of a B-level career officer or a B-level career officer;
3° the BDL non-commissioned officer, to acquire the quality of the A level career officer;
4° the BDL officer of level B, to acquire the quality of career officer of level A.
CHAPTER 9. - Admission to the reserve
Art. 24. A BDL member who is not admitted to another category of active personnel in accordance with the provisions of Chapter 8, whose appointment has expired or is terminated on request after completing his or her period of instruction, shall be admitted in full right for a period of ten years in the reserve in the category of personnel corresponding to the category of BDL member to which he or she belonged.
Art. 25. The BDL member is admitted in the reserve with his rank and seniority in this rank. It is ranked as a result of reserve soldiers of the same rank and seniority in this rank.
CHAPTER 10. - From the end-of-career period
Art. 26. The end-of-care period of a BDL member begins, as the case may be:
1° at the request of the member concerned, not earlier than the first day of the sixty-first month of active service;
2° of full right, the first day of the last year of its commitment;
3° of full right, on the first day of making available for transfer to another public employer.
The disposition referred to in paragraph 1^er, 3°, can begin at the earliest on the first day of the sixty-first month of active service, and at the latest on the first day of the last year of the BDL military engagement.
However, in the case of the BDL member who completed a new basic training cycle, as part of a social promotion for which he was approved by the Minister of Defence, the end-of-career period begins, as the case may be:
1° at the request of the member concerned, not earlier than the first day of the sixty-first month of active service from the day on which the new basic training cycle began;
2° of full right, on the first day of the last year of his new commitment;
3° of full right, on the first day of making available for transfer to another public employer.
The provision referred to in paragraph 3, 3°, may begin on or before the first day of the sixty-first month of active service and no later than the first day of the last year of its new commitment.
Art. 27. In the cases referred to in Article 26, paragraph 1^er, 1°, and 3, 1°, the request of the BDL member must be filed with the authority designated by the King no later than three months before the month in which the BDL member wishes to begin his career period.
Art. 28. Subject to the application of the provisions of Article 7, paragraph 1^er, 3°, the end-of-care period lasts one year in the cases referred to in article 26, paragraph 1^er, 1° and 2°, and 3, 1° and 2°.
In the case referred to in section 26, paragraph 1^er, 3°, and paragraph 3, 3°, the duration of the end-of-career period corresponds to the duration of the availability period for transfer.
Art. 29. § 1^er. No later than the end-of-career period, the BDL member benefits from a reclassification premium. Depending on the total duration of services performed as BDL military, this premium varies between three and twelve times the amount of the last monthly salary received.
The King shall determine the amount and the terms and procedure for granting the reclassification premium referred to in paragraph 1^er.
The provisions of paragraph 1^er does not apply to BDL member who was transferred to another public employer.
§ 2. At the beginning of the termination period referred to in section 26, paragraph 1^er, 1° and 2°, the military BDL enjoys an information phase that includes, in the following order:
1° a collective information session, organized by the Defence in collaboration with the relevant public bodies in the field of professional reorientation, to provide it with all the information necessary for the completion of a professional reorientation process as well as after its end-of-career period;
2° an individual assessment interview, organized by one of the above-mentioned public bodies, to enable it to assess its strengths and opportunities to find employment outside of the Defence, to establish, where appropriate, a complementary qualifying training plan, as well as a personalized career orientation program.
The information phase begins on the first day of the end-of-career period and lasts up to three months.
§ 3. ÷ the end of the information period, the CF member BDL decides whether he wishes to receive the full amount of his reclassification premium at the end of the career period or whether he wishes to receive a maximum advance of 50 percent of that premium in order to devote it to qualifying training.
The King determines the procedure whereby the advance referred to in paragraph 1^er may be granted.
Art. 30. During the end-of-care period referred to in section 26, paragraph 1^er, 1° and 2°, the military BDL can benefit according to the procedure and procedure established by the King:
1° of training leave of up to one hundred and twenty hours;
2° of a training credit of up to 1,850 euros.
The exercise of a professional activity is permitted during the training leave referred to in paragraph 1^er1°.
The amount set out in paragraph 1^er, 2°, is adapted according to the law of 1^er March 1977 organising a regime for linking the UK Consumer Price Index with certain expenditures in the public sector. This amount corresponds to the pevot index 138,01 (base 1981=100).
Art. 31. No later than the last month of its career-end period, CF member BDL, whose appointment has not been terminated on an ex officio or full-time basis, may be granted one-month orientation leave, in accordance with the provisions applicable to career members.
Art. 32. Upon application, the BDL member may be transferred as a statutory agent to vacant jobs opened by public employers, provided that:
1° that its application is approved;
2° to be on the date of the start of the selection tests in active service;
3° not to occupy, on the date on which it is made available, a function whose remuneration is not borne by the Defence budget;
4° to be present, at the date on which its availability takes place, more than one year from the normal date of the termination of its undertaking;
5° not already to be, at the date on which its availability takes place, and during the twelve-month period before that date:
(a) selected by a public employer as part of a transfer;
(b) made available to a public employer as part of a transfer;
6° not to be in one of the forms of operational commitment that the King sets and not to be part of a detachment that prepares for such a commitment at the beginning of the selection tests;
7° not to be, at the date on which its availability takes place, assigned to an international or interallied body.
Depending on supervisory requirements, the BDL member's candidacy that meets the requirements of paragraph 1^er may be refused by the authority designated by the King, in order to guarantee the proper functioning and continuity of the armed forces. This refusal may be appealed to the Minister of Defence.
If a procedure for appearing before the Military Fitness and Reform Commission or before the Military Fitness and Appeal Reform Commission has been initiated, this procedure is suspended as long as the military is made available. If the BDL member is transferred, the above procedure is completed in full law.
Art. 33. In the event that the transfer referred to in section 162/3 of the above-mentioned Act of 28 February 2007 is terminated prematurely, the CF member concerned shall be entitled to the right of the orientation leave referred to in section 31.
In the case referred to in paragraph 1^er, this one-month leave begins on the day following the day on which it is terminated the disposition.
Art. 34. The convocation to the selection tests organized by the public employer for the provision referred to in section 26, paragraph 1^er, 3°, opens the right to service dispensations required for participation in tests and examinations.
CHAPTER 11. - Amendments and abrogations
Art. 35. In section 2 of the Act of 28 February 2007 establishing the status of military personnel and military candidates of the active armed forces, as amended by the Act of 31 July 2013, the following amendments are made:
(a) paragraph 1^er is supplemented by the 7th written as follows:
"7° military and military candidates recruited for a limited-term career";
(b) Paragraph 3 shall be supplemented by the 5th word as follows:
"5° for military and military candidates recruited for a limited-term career, by the Act of 30 August 2013 establishing a limited-term military career."
Art. 36. Sections 45, 46, 47 and 56 of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel are repealed.
CHAPTER 12. - Transitional provisions
Art. 37. § 1^er. From the date of entry into force of this provision, a military volunteer who has successfully completed the basic training cycle may apply to the authority designated by the King, and in accordance with the terms and conditions fixed by him, an application for admission:
1° if he is a voluntary military officer, as a BDL officer at level B;
2° if he is a non-commissioned officer in voluntary military service, as a BDL officer at level C;
3° if he is volunteered as a military volunteer, as a BDL volunteer.
§ 2. In order to be able to apply for admission, the member in voluntary military service referred to in paragraph 1^er shall meet the following conditions:
1° be approved by the authority that the King designates;
2° having received a positive assessment of the authority that the King designates, in accordance with the terms and conditions that He fixes;
3° for the officer in voluntary military service, having passed the examination referred to in Article 3, § 1^er, the Act of 30 July 1938 concerning the use of languages in the army, at the latest at the time of its application for admission.
The CF member in voluntary military service admitted as a BDL member is appointed in the last grade to which he was commissioned as a military volunteer on the twenty-sixth day of the last month of the quarter in which he met the conditions referred to in paragraph 1^er.
§ 3. ÷ from the date of entry into force of this provision, the short-term member who has successfully completed the basic training cycle shall be entitled to:
1° if he is a short-term officer, as a BDL officer at level B;
2° if he is a short-term non-commissioned officer BDL of level C;
3° if it is voluntary short term, as voluntary BDL.
The short-term member admitted as a BDL member is appointed in the last grade to which he was commissioned as a short-term member on the twenty-sixth day of the last month of the quarter in which he was admitted.
Art. 38. The seniority in the grade in which the member in voluntary military service and the member in the short term are appointed in accordance with section 37 shall not take place on a date prior to that of the CF members in which they are admitted.
The King sets out the modalities for taking courses of this age.
Art. 39. The CF member in voluntary military service and the short-term CF member admitted as CF member BDL sign a maximum of five years as CF member BDL.
In derogation from section 6, paragraph 2, the engagement of the CF member referred to in paragraph 1^er ends in full right at the expiration of the aforementioned undertaking.
CHAPTER 13. - Entry into force
Art. 40. The King shall determine the effective date of each of the provisions of this Act by December 31, 2013.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 August 2013.
PHILIPPE
By the King:
Minister of Defence,
P. DE CREM
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives.
Parliamentary documents. - Bill No. 53-2878/1. Amendment No. 53-2878/2 and No. 53-2878/3. - Report, no. 53-2878/4. - Text adopted by the Commission, No. 53-2878/5.
Annales parliamentarians. - Text adopted in plenary and transmitted to the Senate on July 17, 2013.
Senate
Parliamentary documents. - Bill transmitted by the House, No. 5-2216/1. - Report, no. 5-2216/2.
Annales parliamentarians. - Text adopted by the Senate on July 18, 2013.