Posted the: 2012-06-29 Numac: 2012203553 Department of DEFENSE June 20, 2012. -Act to amend various provisions on the status of the military (1) ALBERT II, 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 law regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Compensation in case of accident or disease through the participation in missions abroad for assistance or operational engagement s. 2. for the purposes of this chapter and its orders of execution, means: 1 ° victim: the person referred to in article 3, § 1, paragraph 1, and paragraph 2;
2 ° joint: has) the person married to the victim;
(b) the person with whom the victim coexists within the meaning of articles 1475 to 1479 of the civil Code;
(c) the non-related person with whom the victim lived a permanent and effective manner since at least one year at the time of the death, evidenced by registration in the population register or the register of foreigners;
3 ° child: the child whose filiation with the victim is established, if necessary after the death of the victim, adopted or whose adoption procedure ends positively after the death of the victim;
4 ° accident: any event suddenly causing injury including the cause or one of the causes is outside the body of the victim, and which is established with certainty by a physician or specialist recognized and allowed to practise his art.
5 ° disease: any alteration of the State of health having another cause than an accident and that is established with certainty by a physician or specialist recognized and allowed to practise his art, whose diagnosis is based on objectively observable symptoms;
6 ° permanent body disability: body incapacity due to a contracted disease or an accident during participation in an operation or mission, referred to in article 3, with the result: a) for the military and the military candidate, according to the case, upgrading to superannuation or termination of engagement or re-engagement on grounds of physical unfitness final following a decision of the military commission of fitness and reform or the military of fitness commission and reform of appeal;
(b) for the Member's statutory civilian personnel referred to in article 3, § 1, the decision to place pension early following the decision of the administrative health service attached to the Service public federal public health;
(c) for the Member of the contract staff referred to in article 3, § 1, the end of the contract for cause of force majeure under the conditions referred to in article 34 of the employment contracts Act of 3 July 1978;
((d) for persons not included in the a) to (c)), the existence of a State of disability resulting in the inability to exercise their profession, duly verified by the competent medical authority;
7 ° Home: the place, in Belgium, where the victim is recorded principally in the registers of the population;
8 ° residence: place, in Belgium or abroad, where actually the victim who has no place of residence in Belgium or who is in service abroad.
S. 3 § 1.
Compensation is granted by the Minister of defence, to the rates and conditions set by the Act, the following persons who, in time of peace, are victims of an accident or illness contracted during an operation or a task as referred to in article 4, resulting in the death or bodily disability permanent: 1 ° the military and military candidates;
2 ° the members of the civilian personnel of the Ministry of defence;
3 ° the Minister of defence and the members of his cabinet;
4 ° the members of the federal public services, in this y including members of the judiciary and members of the federal police.
5 ° the members of staff of the parastatal of the Ministry of defence.
The military are necessarily subject to medical check, prior to sending in mission, which allows to know the State of health of the victim prior to departure.
When the death or permanent body disability are due to illness, the entitlement to the allowance is excluded if, before the start, the persons referred to in paragraph 1, 2 ° to 5 °, are not subject to a medical examination organized by the Minister of defence.
§ 2. In the event of death of the victim, the allowance is due to his beneficiaries, in accordance with article 7.
S. 4 the accident must have occurred or the disease should be contracted during the participation internationally to: 1 ° be an operation in one of the following forms of operational engagement: has) commitment to observation;
(b) the commitment of protection;
c) passive armed engagement;
(d) the active armed engagement).
2 ° is an assistance mission executed by the armed forces for the purpose of relieving the needs of the population.
Covered any accident and any disease contracted during execution of any activity related to the operation or mission, without limitation in time or geographic limitation, on the day of the beginning of the mission and to the day of completion of the mission, in this including, as applicable, routes at the beginning of the domicile or the residence and journeys to reach these regardless of the means of transport used. By activity related to the operation or mission, are targeted both the operational service, logistics activities and leisure activities during periods of rest or leave.
However, are not taken into consideration, except in the context of a suicide or a suicide attempt: 1 ° the accident or disease attributable to gross negligence or an intentional act of the victim;
2 ° intentional self-harm;
3 ° the accident or illness caused by the use of alcohol or narcotics by the victim, provided that concerned narcotic drugs have not been prescribed by a doctor;
4 ° the accident or disease to cause immediate and direct a crime or an intentional tort which the victim is author or co-author and she was able to foresee the consequences.
5. the amount of the allowance referred to in article 3 shall be: 1 ° in case of death: 95,000 euros;
2 ° body incapacity permanent: 171.000 euros.
In addition, in case of death, and without prejudice to the compensation referred to in paragraph 1, 1 °, to the rights holders of the victim, it is granted a supplementary allowance equal to 15 percent of the amount laid down in paragraph 1, 1 °, to any child of the deceased who is: 1 ° either minor age;
2 ° is major, recipient of family allowances.
S. 6 § 1. In the event of death of the victim, an advance on compensation, so-called "immediate aid", amounting to 7,000 euros shall be granted, on request, within 15 days following the receipt of the request, to the spouse of the victim. Absence of spouse, the advances are divided equally among the children of the victim and is paid for non-emancipated minors, to the person who ensures their education.
The amount of the advance shall be deducted from the amount of the compensation referred to in article 5, paragraph 1, 1 °.
The application for the granting of immediate assistance must be lodged by the beneficiary or his legal representative.
§ 2. The Minister of defence requires the repayment of immediate assistance when it is shown that the person who has seen it could not claim it.
S. 7 in the event of death of the victim, right holders, referred to in article 3, § 2, are, in order of priority: 1 ° his spouse;
2 ° its children, as well as their descendants, by representation.
3 ° the persons designated by the victim prior to departure.
The designation referred to in paragraph 1, 3 °, is recorded in a written document which the Minister of national defence determines the form and place of conservation.
8. If there is only a single entitled, it benefits from all of the compensation fixed in article 5, paragraph 1, 1 °. When there are several right holders of the same rank, the allowance is attributed equally to each of them.
However, the compensation referred to in article 5, paragraph 1, 1 °, shall not be granted when the victim dies after having itself received the compensation fixed in article 5, paragraph 1, 2 °.
S. 9. where compensation or a part of compensation, excluding the immediate aid referred to in article 6, § 1, is granted to a minor of age, the amount is paid into a bank account opened in the name of the minor, and which he can have, during his minority, in accordance with the provisions of the civil Code, only with the approval of the Justice of the peace.
S. 10. the causal link between the accident or disease and death or permanent body disability can no longer be relied on for the benefit of this Act if the death occurs or the damage appears after ten years have elapsed from the day where the accident occurred or the day where the disease was contracted. If date cannot be determined, the ten year period starts the day after the day of termination of the mission.
In addition, the procedure which leads to the recognition of the permanent body disability must be commenced during the period of ten years referred to in paragraph 1.
S. 11. any request for compensation or a share of compensation in this y understood the immediate aid referred to in article 6, § 1, shall, under penalty of termination, be addressed by the beneficiary or his legal representative, by registered post, to the Minister of defence within the following timeframes: 1 ° for the victim, spouse or child: within a period of 5 years from the permanent body disability or death;
2 ° for the other entitled: within a period of one year from the
day of the death of the victim.
S. 12 § 1. The Minister of Defence decided to the grant of the allowance on the advice of the Director general human resources and the Director general legal support and mediation.
§ 2. The Director general human resources issues a reasoned opinion as to the merits of the application for granting the allowance.
It can carry out all relevant investigations.
It can load the military reform and fitness or the military commission reform of appeal to proceed or to carry out the necessary medical examinations and fitness. It may designate other experts and hear witnesses.
The outcome of these investigations is designed solely for examination of the application and remains covered by professional secrecy.
§ 3. The Director general legal support and mediation makes an opinion relating to respect for the law.
S. 13. the granting of allowances referred to in this Act excludes, their amount, the allocation for the same injurious damages paid by the State. The State is subrogated, to the extent of the amount of the indemnity paid to the rights of the beneficiary against liable third parties of the harmful event.
S. 14. the allowances paid under this chapter may be combined for the same delict with: 1 ° the special allowance in case of physical damage suffered by members of the police and emergency services, referred to in the Act of 1 August 1985 concerning tax and other measures, chapter III, section III;
2 ° allowances referred to in Act of 12 January 1970 on the granting of a special allowance in the case of aeronautical accident in peacetime;
3 ° the benefits granted under the law on pensions of repair;
4 ° the advantages granted under the Act of 3 July 1967 on prevention or repair of damage resulting from occupational accidents, accidents occurring on the way to work and related illnesses in the public sector;
5 ° the benefits granted under the Act of 10 April 1971 on work accidents;
6 ° the benefits granted by virtue of laws relating to the prevention of diseases to compensation for damage resulting from these professional and coordinated on 3 June 1970.
15. the amounts referred to in articles 5 and 6 are linked to the regime of mobility applicable to staff of the federal public service salaries. They are linked to the index-pivot 138.01.
CHAPTER 3. -Amendment of the law of July 13, 1976 on officers workforce and the Statute of staff of the armed forces art. 16 A article 53quater of the law of July 13, 1976 on officers workforce and the statutes of the armed forces staff, inserted by the law of 22 March 2001, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1.» Upon the death or hospitalization of the mother during the period referred to in article 50 maternity leave, the person referred to in paragraph 2, has, at its request, of paternity leave to ensure the reception of the child.
The right to paternity leave is equivalent to the active frame member who: 1 ° is the father of the child;
2 ° is married with the mother;
3 ° legally cohabiting with the mother in which the child has his main residence, and they are not United by a relationship leading to a prohibition of marriage which they cannot be exempted by the King;
4 ° for an uninterrupted period of three years immediately preceding the birth, cohabits a permanent and emotional way with the mother in which the child has his main residence, and they are not United by a relationship leading to a prohibition of marriage which they cannot be exempted by the King.
Proof of cohabitation and the principal residence is provided by means of an extract from the register of the population or the register of foreigners.
Only one Member is entitled to paternity leave on the occasion of the birth of a child. "Members who open the right to paternity leave by virtue of 1 °, of 2 °, 3 ° or 4 ° of article 2 respectively, are successively priority one over the other."
2 ° in paragraph 3 the words 'the father' are replaced by the words "the person referred to in paragraph 1, paragraph 2.
S. 17. in article 53quinquies, § 2, of the Act, inserted by the law of March 27, 2003 and replaced by the law of April 23, 2010, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 3 and 4: "when the child suffers from a physical or mental incapacity of at least 66% or condition that has the consequence that at least 4 points are recognized in pillar I of the socio-medical scale in the sense of". legislation on family allowances, leave may be taken until the child reaches his twenty-first birthday';
2 ° in paragraph 4 former, becoming paragraph 5, the words or twenty and -first"are inserted between the words" the twelfth"and the words" anniversary must be satisfied.
CHAPTER 4. -Amendment of the law of 16 July 2005 establishing the transfer of some military towards a public employer s. 18. article 5 of the Act of 16 July 2005 establishing the transfer of some military towards a public employer, as amended by the law of July 20, 2006, is supplemented by two paragraphs worded as follows: "the period of one year referred to in paragraph 1 may be extended by three months in the event of failure in training, subject to the consent of the Minister of defence.
If the person concerned can demonstrate exceptional cases expressly motivated, the Minister of defence may however derogate from this period.
» CHAPTER 5. -Amendment of the law of 28 February 2007 establishing the status of members of the current frame of the armed forces art. 19. in article 272 of the Act of February 28, 2007, establishing the status of members of the current frame of the armed forces, amended by the law of December 29, 2010, the words 'July 1, 2012' are replaced by '31 December 2013 '.
CHAPTER 6. -Entry into force art. 20. this Act comes into force the tenth day after its publication in the Moniteur belge, with the exception of Chapter 2, which enters into force on the date fixed by the King and no later than December 31, 2012, and Chapter 5 which comes into force on June 30, 2012.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 20, 2012.
ALBERT by the King: the Minister of defence, P. DE CREM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives: Parliamentary papers: Bill No. 53 - 2190/1. Report No. 53 - 2190/2. Text adopted by the commission n ° 53-2190/3. Text adopted by the House and sent to the Senate No. 53 - 2190/4.
Parliamentary Annals: text adopted in plenary on 7 June 2012.
Senate: Parliamentary papers: Bill passed by the House, no. 5-1662/1. Not mentioned.