Law Establishing The Military Career For A Limited Period (1)

Original Language Title: Loi instituant la carrière militaire à durée limitée (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013007199&caller=list&article_lang=F&row_id=1100&numero=1103&pub_date=2013-10-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-10-04 Numac: 2013007199 Ministry of defence 30 August 2013. -Law establishing the military career for a limited period (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act establishes the status of the active frame military recruited for a career for a limited period, hereinafter referred to as "military BDL.
BDL are: 1 ° the officers and officer level BDL candidates has;
2 ° the officers and candidate officers BDL level B;
3 ° non-commissioned officers and NCOs BDL candidates of level B;
4 ° the NCOs and NCOs BDL candidates level C;
5 ° the volunteers and voluntary candidates BDL.
S.
3 to the extent that those provisions are not inconsistent with the provisions of this Act and provided that the regulations are not inconsistent with the regulatory provisions taken in pursuance of this Act, all legislative and regulatory provisions applicable to professional soldiers are applicable to military BDL, depending on the category of staff and the level to which they belong.
Insofar as these provisions are not inconsistent with the provisions of this Act and provided that the regulations are not inconsistent with the regulatory provisions taken in pursuance of this Act, all laws and regulatory provisions apply, as appropriate, to applicants or military career candidates, are applicable to the applicants BDL or military candidates BDL Depending on the category of staff to which they belong.
The provisions of the coordinated laws on military pensions apply to military BDL.
CHAPTER 2. -S. recruitment 4. in order to acquire the quality of military BDL, the BDL applicant shall comply with the same conditions as the applicant military candidate's career, with the exception of the following conditions: 1 ° the applicant officer BDL and the NCO level B BDL applicant may not have reached the age of twenty-nine to 31 December of the year of their incorporation;
2 ° the applicant NCO level C BDL and voluntary applicant BDL may not have reached the age of twenty-seven years at 31 December of the year of their incorporation.
CHAPTER 3. -For undertaking article 5. commitment as a military BDL causes, of right and its date, according to the case, the resignation of employment or termination of any commitment or previous re-employment of the person who already has the quality of military.
S.
6. The BDL military a recognizance with a duration of maximum eight years.
The total duration of the BDL career may not exceed the duration of the undertaking referred to in paragraph 1 and ends right, as appropriate: 1 ° the last day of the month during which the commitment referred to in paragraph 1 expires;
2 ° the last day of the quarter in which the BDL member reaches the age of, as applicable:) thirty-four years, is officer BDL level A or level B, or NCO BDL level B;
b) thirty-two years, if it is NCO of level C or volunteer ORL ORL.
However, the BDL Member who, as part of a social promotion for which it has been approved by the Minister of defence, a new cycle of basic training was successful may contract a new commitment of eight years in his new capacity.
This new commitment takes during the day when the person begins its new basic training cycle and ends right, as the case may be: 1 ° the last day of the month during which the commitment referred to in paragraph 3 shall expire;
2 ° the last day of the quarter in which the BDL member reaches the age, as appropriate: a) thirty-eight years, if it is officer BDL of level B;
b) thirty-seven years, if it is non-commissioned officer level BDL v. Art. 7. by way of derogation from article 6, paragraphs 2 or 4, the BDL military commitment may be extended, as the case may be: 1 ° to one month to allow the BDL Member concerned to leave orientation in accordance with article 33, paragraph 2;
2 ° in the cases referred to in article 161, paragraphs 4 to 6 of the Act of February 28, 2007, establishing the status of the military and military of the active armed forces framework candidates, the time necessary for the completion of an internship, in order to allow, where appropriate, to the BDL Member who lodged a request for transfer to a public employer to extend the period of provision;
3 ° with a maximum of five months, the time necessary for the completion of an operation or another mission, as appropriate, when the BDL military commitment, having completed successfully prior to the mission specific training, expires during its participation at: has) an operation or mission in any form of operational engagement, with the exception of the commitment of law enforcement;
(b) any other mission outside national territory not included in the a), for a period of at least one month.
4 ° in cases referred to in articles 22 and 23, the time necessary for the completion of a new round of basic training, for BDL Member who has been approved by the Minister of defence in sight, as the case may be, a social promotion or promotion on diploma.
The authority designated by the King in writing notify the concerned BDL military extension of its commitment.
CHAPTER 4. -Basic training cycle s. 8. According to the needs of the armed forces and the ultimate goal of the training, fixed King to what basic training of career military candidates cycle is the cycle of basic training of military candidates BDL.
For the commissions during the basic training and for the appointment at the end of this training: 1 ° the candidate officer BDL level follows the fate of the candidate the level of special recruitment career officer;
2 ° the officer BDL of level B candidate follows the fate of the candidate career of level B of the special recruitment officer;
3 ° the NCO BDL of level B candidate follows the fate of the level B of the special recruitment career NCO candidate;
4 ° the NCO level C BDL candidate follows the fate of the candidate level C of the normal recruitment career NCO;
5 ° the voluntary candidate BDL follows the fate of the voluntary candidate's normal recruitment career.
S.
9. by way of derogation from article 3, § 1, of the Act of July 30, 1938, concerning the use of languages in the army, the success of the review on the actual knowledge of the language of the other linguistic regime that that to which belongs the BDL officer is required only when it meets the conditions in order to be appointed to the rank, as appropriate, second lieutenant or lieutenant.
S.
10. loses the status of military candidate BDL: 1 ° one against which final failure is pronounced, as appropriate, by a commission of deliberation, assessment or appeal due to an insufficient appreciation: has) or professional qualifications;
(b) either characterial qualities;
(c) either physical qualities;
2 ° that no longer has the moral qualifications;
3 ° those whose commitment is terminated in accordance with articles 16 and 18.
The King means the competent authority to pronounce the loss of the quality of military candidate BDL or allow a reclassification in another military candidate BDL basic training cycle.
CHAPTER 5. -Of training continued s. 11 NCO level C BDL can be admitted, during development, nor to the test to join the rank of First Sergeant in which participates the NCO career level C for appointment to the rank of First Sergeant.
NCO BDL of level B may be admitted during development in which participates the NCO career of level B for appointment to the rank of Chief Warrant Officer.
The BDL officer cannot be admitted to the basic training of staff attended the officer's career.
CHAPTER 6.
-In the category of fitness articles 12. The BDL Member may submit to the appellate body referred to in article 178/2, paragraph 1, of the law of 28 February 2007 establishing the status of the military and military candidates in the current frame of the armed forces, a single appeal against a decision relating to his membership in the fitness category D.
Decision of the Minister of defence or of the aforementioned appeal, the BDL Member referred to in paragraph 1 may retain the quality of military BDL for a period of six months.
Military BDL who, at the end of the period referred to in paragraph 2, continues to belong to the category of fitness D, loses the status of military BDL right and cannot benefit from the provisions referred to in articles 29 and 30.
CHAPTER 7. -Temporary withdrawal of employment and termination of undertaking article
13. the temporary withdrawal of a BDL military employment takes place only in the following cases: 1 ° at the request of the concerned Member, for personal reasons or for family reasons;
2 ° for reason of health;
3 ° by disciplinary action.
S. 14. the legislative and regulatory provisions applicable to military career on parental leave are not applicable to the military candidate BDL.
S. 15. the commitment of the BDL military ends: 1 ° of 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.
S. 16. the commitment of

military BDL is terminated ipso jure when it: 1 ° is more a national of a Member State of the EEA or Switzerland Confederation, or been the subject of a decision of expulsion from the territory, dismissal or expulsion, in application of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners;
2 ° sign an act of engagement in another quality of military candidate of the current frame;
3 ° is finalized to the physical incapacity pension;
4 ° is prohibited without suspended in perpetuity or temporarily one of the rights listed in article 31, 1 ° and 6 ° of the Criminal Code;
5 ° shall not keep at least the medical profile corresponding to its category of staff established by the King;
6 ° loses the status of military candidate BDL in accordance with article 10;
7 ° has exhausted the orientation leave referred to in article 33.
The termination of the appointment of right takes effect as soon as the situation that gives rise occurs.
S. 17. the commitment of the BDL Member may be terminated at his request under the terms and the procedure laid down by the King.
S. 18. the commitment of the BDL Member may be canceled ex officio the terms and the procedure laid down by the King.
CHAPTER 8.
-From admission to another military ORL or the active frame Section 1st military quality. -Provision common s. 19. any request for passage, social advancement or promotion on diploma may be commenced by the BDL military no earlier than the day after the day of notification of the success of the basic training cycle.
The approval by the Minister of defence of a military BDL for admission in another quality of military BDL or another quality of Member of the active frame, must take place no later than the last day of the month preceding the last year of his commitment.
To be admitted in another quality military BDL or another quality of Member of the current frame, the BDL member must meet the following conditions: 1 ° not have been denied more than four times for admission in another quality because it does not meet the conditions referred to the 2 ° to 7 °;
2 ° not be refused by the authority designated by the King;
3 ° classified in useful order in a test of passage, within the limit of the number of open seats;
4 ° have managed the military physical fitness tests, according to the criteria laid down by the authority designated by the King;
5 ° for the military of the Navy, be medically fit for service at sea;
6 ° if necessary, hold a master's degree, a Bachelor or a diploma of higher secondary education, before the date of closing of entries for the promotion on diploma concerned;
7 ° where appropriate, successful language examinations referred to, as the case may be: a) in section 2 of the Act of July 30, 1938, concerning the use of languages in the army;
(b) in articles 3 and 4 of the Act;
(c) in article 8, § 1, of the Act or be exempt from scrutiny under the provisions of article 8, § 2, of the Act.
The King fixed the content and modalities of passage test referred to in paragraph 3, 3 °.
Section 2. -Crossing art. 20. at its request and conditions that the King determines the conditions referred to in article 19, the BDL Member may qualify as a military career in the category of staff equivalent to that to which he belongs as a military BDL.
S. 21. The BDL military qualifies as a military career with his rank and seniority in that grade. It is classified as a result of the military career of the same rank and seniority in that grade.
Section 3. -Of social promotion art.
22. at his request and conditions that the King determines the conditions referred to in article 19, can a social promotion to the category or the top-level staff BDL: 1 ° volunteer BDL, to acquire the quality of NCO BDL level C;
2 ° level C BDL NCO, the qualifications for officer BDL of level b Section 4. -Of diploma arts promotion 23. at his request and to the conditions that the King determines the conditions referred to in article 19, can perform a promotion on diploma: 1 ° volunteer BDL, to acquire, as appropriate, the quality of the level B or C career NCO;
2 ° level C BDL NCO, the qualifications for officer career NCO career of level B or level B;
3 ° NCO BDL of level B qualifications for officer career level A;
4 ° the BDL of level B officer, the qualifications for officer level A. Chapter 9 career. -Of admission under reserve art. 24. The BDL Member who is not admitted into another category of the active staff in accordance with the provisions of Chapter 8, whose commitment has expired or is terminated on request after successful completion of his period of instruction, may be right for a period of ten years, under reserve in the category of staff for the military BDL group to which he belonged.
S. 25. The BDL member is admitted under reserve with his rank and seniority in that grade. It is classified as a result of the military's reserve of the same rank and seniority in that grade.
CHAPTER 10. -From the period of end of career s. 26. the period from end of a BDL military career begins, as the case may be: 1 ° at the request of the concerned Member, the earliest the first day of the 61st month of active service;
2 ° of right, the first day of the last year of commitment;
3 ° of right, the first day of availability for the transfer with another public employer.
Provision referred to in paragraph 1, 3 °, may begin no earlier than the first day of the 61st month of active service, and no later than the first day of the last year of the BDL military commitment.
However, in the case of the BDL Member who has completed a new round of basic training as part of a social promotion for which it was approved by the Minister of defence, end of career begins, as the case may be: 1 ° at the request of the Member concerned, no earlier than the first day of the 61st month of active service from the day which began the new round of basic training;
2 ° of right, the first day of the last year of its new commitment;
3 ° of right, the first day of availability for transfer with another public employer.
The provision referred to in paragraph 3, 3 °, may begin no earlier than the first day of the 61st month of active service and no later than the first day of the last year of its new commitment.
S.
27. in the cases referred to in article 26, paragraph 1, 1 °, and paragraph 3, 1 °, the BDL Member's request shall be submitted to the authority designated by the King at the latest three months before the month where the BDL military wants to begin his period of end of career.
S. 28 under reserve of the application of the provisions of article 7, paragraph 1, 3 °, the period of end of career lasts one year in cases referred to in article 26, paragraph 1, 1 ° and 2 °, and paragraph 3, 1 ° and 2 °.
In the case referred to in article 26, paragraph 1, 3 °, and paragraph 3, 3 °, the duration of the period of end of career matches the length of the period of provision for transfer.
S. 29 § 1. No later than at the end of the period of end of career, the BDL military enjoys a premium for reclassification.
The total duration of the services performed in military BDL capacity this premium varies between three and 12 times the amount of the last monthly salary received.
The King sets the amount and the terms and the procedure of granting the reclassification premium referred to in paragraph 1.
The provisions of paragraph 1 shall not apply to the BDL Member who was transferred from another public employer.
§ 2. At the beginning of the period of end of career referred to in article 26, paragraph 1, 1 ° and 2 °, the BDL member enjoys an information phase which includes, in the following order: 1 ° a collective briefing, organized by the defence in collaboration with public bodies responsible for career transition, designed to provide all the information necessary for the performance of a career transition process as well as after the period of end of career;
2 ° an individual assessment interview, organized by one of the agencies mentioned above, in order to assess its strengths and its chances of finding a job outside defence, establish a plan of training additional qualifications, as well as a custom of career orientation program as appropriate.
The information phase begins on the first day of the period of end of career and lasts at least three months.
§ 3. ÷ the end of the period of information, the BDL Member decides whether it wants to receive the entirety of the amount of the premium for reclassification the end of end of career or whether he wishes to receive an advance of maximum 50 per cent of the premium in order to dedicate her training skills.
The King determines the procedure according to which the advance referred to in paragraph 1 may be granted.
S. 30. during the period from end of career referred to in article 26, paragraph 1, 1 ° and 2 °, the BDL Member may benefit under the terms and procedure laid down by the King: 1 ° of training's one hundred maximum leave - twenty hours;
2 ° to a maximum training credit 1 850 euros.

The exercise of a professional activity is permitted during training leave referred to in paragraph 1, 1 °.
The amount specified in paragraph 1, 2 °, is adapted in accordance with the Act of March 1, 1977, organizing a system of binding to the price index for the consumption of the Kingdom of certain expenditure in the public sector. This amount corresponds to the index-pivot 138,01 (base 1981 = 100).
S.
31. no later than the last month of the period of end of career, military orl, whose commitment has not been terminated by office or right, can be granted to an orientation of one month, in accordance with the provisions applicable to career military.
S. 32. at its request, the BDL member can be transferred as statutory agent to job vacancies opened by public employers, to condition: 1 ° that his candidacy is approved.
2 ° to be, at the date of the beginning of the selection tests, in active service;
3 ° not to occupy, on the date on which available takes courses, a function whose remuneration is not borne by the defence budget;
4 ° to find the date on which available takes classes, more than a year of the normal date of the end of commitment;
5 ° don't already be, at the date on which available took courses, as well as during the twelve month period prior to that date: has) selected by a public employer in connection with a transfer.
b) made available a public employer under a transfer;
6 ° not to be, at the date of the beginning of the selection tests, in one of the forms of operational commitment that the King fixed and do not actually part of a detachment which is preparing for such a commitment.
7 ° not to be, on the date on which available takes courses in an international or inter-Allied organization.
Depending on the needs of framing, the candidacy of the BDL Member who satisfies the conditions referred to in paragraph 1 may be refused by the authority designated by the King, in order to ensure the proper functioning and the continuity of the armed forces. This refusal may be appealed to the Minister of defence.
If a procedure of appearance before the military commission of fitness and reform of appeal or the military ability and reform commission has begun, this procedure is suspended as long as the Member is made available.
If the BDL member is transferred, the above procedure is completed right.
S. 33. where is terminated prematurely to the prior provision to the transfer referred to in article 162/3 of the law of 28 February 2007, supra, concerned BDL Member has full right to direction leave referred to in article 31.
In the case referred to in paragraph 1, this leave of one month starts on the day following that where it is terminated to the provision.
S. 34. the invitation to the selection tests organized by the public employer to provision referred to in article 26, paragraph 1, 3 °, opens the right to service exemptions required for participation in the tests and examinations.
CHAPTER 11. -Amending provisions and repealing article 35. in section 2 of the Act of February 28, 2007, establishing the status of the military candidates soldiers of the current frame of the armed forces, amended by the Act of July 31, 2013, the following changes are made: has) 1st paragraph is completed by 7 ° as follows: "7 ° military candidates and military recruited for a career for a limited period";
(b) paragraph 3 is completed by 5 ° as follows: «5 ° for the candidates-military and military recruited for a career for a limited period, by the Act of August 30, 2013 establishing a military career for a limited period.
S. 36. articles 45, 46, 47 and 56 of the law of January 10, 2010 establishing the military voluntary commitment and amending various laws applicable to military personnel are hereby repealed.
CHAPTER 12. -Provisions transitional art.
37 § 1. From the date of entry into force of this provision, the voluntary military member who succeeded basic training cycle can introduce to the authority designated by the King, and under the terms set by it, an application for admission: 1 ° if it is voluntary military officer, as officer ORL of level B;
2 ° if it is non-commissioned officer in military voluntary commitment, as NCO BDL level C;
3 ° if it is voluntary in voluntary military commitment as a volunteer BDL.
§ 2.
In order to submit his application for admission, the personnel in military voluntary commitment referred to in paragraph 1 shall satisfy the following conditions: 1 ° be approved by the authority designated by the King.
2 ° receiving a positive assessment of the authority that the King shall, according to the terms and conditions as it;
3 ° the officer in voluntary military, have passed the examination referred to in article 3, § 1, of the Act of July 30, 1938, concerning the use of languages in the army, no later than at the time when it introduced its application for admission.
The military in voluntary military admitted in the quality of military BDL is named in the last rank to which he was commissioned as soldier in military voluntary engagement, the twenty-sixth day of the last month of the quarter during which he met the conditions referred to in paragraph 1.

§ 3. ÷ from the date of entry into force of this provision, the military short term who passed basic training cycle is admitted ipso jure: 1 ° if it is officer short term as officer BDL of level B;
2 ° if it is NCO short-term, as NCO BDL level C;
3 ° if it is voluntary short term volunteer BDL.
The military allowed short-term in the quality of military BDL is named in the last grade in which he was commissioned as a military short term, the twenty-sixth day of the last month of the quarter in which it is accepted.
S. 38. the seniority in the rank in which the military voluntary military and military short term are appointed in accordance with article 37 may take courses at an earlier date than the BDL military, according to the category of staff in which they are admitted.
The King lays down the procedures relating to the course of this seniority connection.
S.
39. the military voluntary military-military short-term admitted in the quality of military ORL sign a commitment for a period of maximum five years as military BDL.
By derogation from article 6, paragraph 2, the target BDL military commitment in 1st paragraph ends of right on the expiry of the above undertaking.
CHAPTER 13. -Entry into force art.
40. the King sets the date of entry into force of each of the provisions of this Act, no later than December 31, 2013.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 30, 2013.
PHILIPPE by the King: the Minister of defence, P. DE CREM Minister of Pensions, A. DE CROO sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Parliamentary papers. -Bill, no. 53 - 2878/1. -Amendment No. 53 - 2878/2 and 53 - 2878/3. -Report, n ° 53-2878/4. -Text adopted by the Commission, no 53-2878/5.
Parliamentary Annals. -Text adopted in plenary meeting and forwarded to the Senate on July 17, 2013.
Senate parliamentary Documents. -Bill passed by the House, no. 5-2216/1. -Report, n ° 5-2216/2.
Parliamentary Annals.
-Text adopted by the Senate on July 18, 2013.