An Act To Amend Various Provisions On The Status Of The Military. (1)

Original Language Title: Loi modifiant diverses dispositions relatives au statut des militaires. (1)

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belgiquelex.be - Carrefour Bank of Legislation

18 JULY 2013. - An Act to amend various provisions relating to the status of the military. (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces
Art. 2. This chapter partially transposes Council Directive 2010/18/EU of 8 March 2010 on the implementation of the revised framework agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, EWC and ESC and repealing Directive 96/34/EC.
Art. 3. In section 53quinquies, of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces, inserted by the Act of 27 March 2003, the following amendments are made:
1° in paragraph 2, paragraph 1erreplaced by the Act of April 23, 2010 and amended by the Act of June 20, 2012, the words "three months" are replaced by the words "four months";
2° Paragraph 3, as amended by the Act of 16 July 2005, is supplemented by a paragraph which reads as follows:
"By derogation from paragraph 1er, the fourth month of parental protection leave only opens the right to an interruption allowance in the head of the member who takes this fourth month for children born or adopted from 8 March 2012. "
CHAPTER 3. - Amendment of the Act of 6 February 2003 on voluntary resignation with a personalized programme of professional conversion for the benefit of certain military personnel and with social provisions
Art. 4. In article 14, paragraph 3, of the Act of 6 February 2003 on voluntary resignation accompanied by a personalized programme of professional conversion for the benefit of certain military personnel and bearing social provisions, inserted by the law of 23 April 2010, the words "the limit amount A referred to in section 111, paragraph 3, are replaced by the words "the limit amount A referred to in Article 111, paragraph 2".
CHAPTER 4. - Amendments to the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel
Art. 5. Section 25 of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel, the following amendments are made:
1° in paragraph 1erthe words "and provided that the regulatory provisions are not inconsistent with the regulatory provisions of this chapter" are inserted between the words "of this chapter" and the words ", all provisions";
2° in paragraph 2, the words "and provided that the regulatory provisions are not incompatible with the regulatory provisions made pursuant to this chapter" are inserted between the words "this chapter" and the words "all provisions".
Art. 6. Section 31 of the Act is supplemented by the 3rd written as follows:
"3° the conditions to be able to subscribe a rengagement. "
Art. 7. Section 33 of the Act is replaced by the following:
“Art. 33. The King fixed:
1° the actual duration of the training cycle of EVMI candidates according to their category of staff;
2° the moments of appreciation of the professional qualities of the EVMI candidates. "
Art. 8. In the same Act, an article 34/1 is inserted as follows:
"Art. 34/1. Under the conditions and according to the procedure that the King fixes, the EVMI candidate may be redirected by the authority that the King designates to another specific training cycle in the same category of staff, in the same quality and in a contemporary promotion. "
Art. 9. In the same Act, an article 34/2 is inserted as follows:
"Art. 34/2. The EVMI candidate who is attached to a further promotion for the purpose of completing or resuming exceptionally his/her training, follows the fate of the candidates of the new promotion to which he/she is attached, except for the end of his/her training cycle for which he/she follows the fate of the EVMI candidates for his/her original promotion. "
Art. 10. Article 46, paragraph 1erthe same law is supplemented by the 5th written as follows:
"5° has not been refused more than twice for admission because it does not meet the conditions referred to in 1° to 4°. "
Art. 11. In chapter 10 of the same law, a section 7/1 entitled "De la reorientation professionnelle en hors des Forces armées" is inserted.
Art. 12. In section 7/1, inserted by section 11, an article 49/1 is inserted as follows:
"Art. 49/1. The EVMI military can benefit from professional reorientation, provided:
1° that it introduces an application for this purpose;
2° that he made the following number of months of service:
(a) Forty-two for an EVMI officer and non-commissioned officer;
(b) thirty for an EVMI volunteer;
3° that he is not admitted to another military quality as referred to in section 6;
4° that his commitment is not terminated.
Any request for professional reorientation shall be submitted to the Director General Human Resources, by way of the Head of Body:
1° for officer and non-commissioned officer EVMI, not earlier than the first working day of the forty-third month of service and not later than the last working day of the forty-sixth month of service;
2° for the EVMI volunteer, no earlier than the first working day of the thirty-first month of service and no later than the last working day of the thirty-fourth month of service. "
Art. 13. In the same section 7/1, an article 49/2 is inserted as follows:
“Art. 49/2. § 1er. Reorientation includes a collective information session and a reorientation phase.
§ 2. The collective information session aims to explain to EVMI military the rights to which they may claim during the occupational reorientation phase, as well as the modalities to be respected in order to benefit from these rights.
The collective information session is organized within five working days prior to the start of the occupational reorientation phase.
§ 3. The occupational reorientation phase consists of:
1° a professional reorientation leave in which the EVMI member benefits from a service dispensation;
2° of the orientation and support activities organized by the relevant public employment and training services, in accordance with an agreement between these agencies and the competent authorities on the one hand and the Minister of Defence on the other.
The occupational reorientation phase begins on the first day of the last month of service of the rengagement during which the application for a professional reorientation has been introduced and ends straight on the day the maximum period referred to in section 21, paragraph 2, is reached. "
CHAPTER 5. - Final provision
Art. 14. This Act comes into force on the tenth day following its publication to the Belgian Monitor, with the exception of Articles 2 and 3, which produce their effects on 8 March 2012.
Promulgation of this Act; order that it be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 July 2013.
ALBERT
By the King:
Minister of Defence,
P. DE CREM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
______
(1) Note
Session 2012 - 2013 :
House of Representatives.
Parliamentary documents: Bill No. 53-2821/1. - Report No. 53-2821/2. - Text adopted No. 53-2821/3-4.
Annales parlementaire : Text adopted in plenary on 13 June 2013.
Senate.
Parliamentary documents: Bill passed by the House, No. 53-2154/1. Not mentioned.