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23 AVRIL 2010. - An Act to amend various laws applicable to military personnel (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Act of 14 January 1975
the regulation of discipline of the armed forces
Art. 2. Section 44 of the Act of 14 January 1975 regulating the discipline of the armed forces is replaced by the following:
“Art. 44. When the facts appear to be of little gravity, the Public Prosecutor's Office, the Board's Chamber or any other criminal jurisdiction having the prosecution of an offence under the military criminal code, to the charge of a person subject to military criminal laws in accordance with articles 14, 14bis and 14ter of the military criminal code, may refer the defendant to his or her head of body to be disciplined.
The decision to refer to the discipline of the body takes the competent military superior of the disciplinary procedure and extinguishes the public action.
The provisions of subparagraphs 1^er and 2 also apply when the facts have been committed abroad and constitute, in the eyes of Belgian law, a contravention or offence that appears to be of little gravity. »
CHAPTER 3. - Amendment of the Act of 13 July 1976
Staffing
and the Staff Regulations of the Armed Forces
Art. 3. Paragraph 2 is replaced by the following in section 49 of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces:
“§2. Except for reasons other than the physical condition resulting from pregnancy or childbirth or at the request of the female member, no final withdrawal of employment may be made in respect of her from the time she informed her head of the pregnancy until the expiration of a month period taking place at the end of the maternity leave, including the period of eight weeks during which she must take, if any, her post-natal leave. »
Art. 4. In section 50 of the Act, replaced by the Act of 16 July 2005 and amended by the Act of 27 December 2006, the following amendments are made:
1° in paragraph 1^erParagraph 2 is supplemented by the following sentence:
"The postnatal period of maternity leave begins to run on the day after the day of childbirth when the female member has performed benefits on the day of childbirth. »;
2° in paragraph 2, paragraph 1^er is supplemented by the following sentences:
"When the female member can extend the post-natal portion of the maternity leave after the ninth week of at least two weeks, the last two weeks may be converted upon request to post-natal leave. The female member must take those postnatal rest days within eight weeks of the end of the uninterrupted postnatal leave. She must communicate to her body chief the dates on which leave will be taken. This communication is made in writing at least one month before the leave begins, unless the head of body accepts a shorter period of time at the request of the person concerned. If the female member's work plan provides for a reduction in vacation days, post-natal rest days are reduced in the same proportion. »;
3° the article is supplemented by a paragraph 3 written as follows:
“§3. This section does not apply in the event of a miscarriage occurring before 181^e pregnancy day. »
Art. 5. In section 53 of the Act, the words "40 hours" are replaced by the words "30 hours".
Art. 6. In section 53quinquies of the Act, inserted by the Act of 27 March 2003 and amended by the Act of 16 July 2005, subsection 2 is replaced by the following:
Ҥ2. By birth or adoption, multiple or not, parental leave may be granted, for a maximum period of three months. At the request of the member, this leave may be taken per month.
In the case of a birth, leave may be taken until the child reaches his or her twelfth birthday.
In the case of an adoption, leave may be taken from the registration of the child as part of the military household, the register of the population or the register of foreigners of the commune where the member has his residence, and at the latest until the child reaches his/her twelfth birthday.
The condition of the twelfth anniversary must be met at the latest during parental leave. »
CHAPTER 4. - Amendment of the Act of 16 March 1994
the status and remuneration of teachers
Royal Military School
Art. 7. In the Act of 16 March 1994 on the Status and Retributions of Teachers of the Royal Military School, an article 4bis is inserted as follows:
"Art. 4bis. The recruitment of a person who does not belong to the teaching staff of the organic framework of the Royal Military School, to occupy a charge referred to in section 2 or 2 bis, is carried out through the opening of a place by the board of directors of the school and the organization of a comparative selection.
A notice of recruitment is published in the Belgian Monitor, which includes at least the following data:
1° the load description;
2° the conditions to which candidates must meet. »
Art. 8. In section 5 of the Act, as amended by the Act of 27 March 2003, a paragraph is inserted between paragraphs 1^er and 2:
"No one can act as director of academic education if he is:
1° be appointed ordinary professor, professor or military professor at the Royal Military School;
2° be an officer of the active executive, appointed to the rank of colonel and carrying a doctorate, a complementary master or one of the following patents:
(a) higher staff patent;
(b) Military administrator or higher patent of military administrator;
(c) Military Equipment Engineering Patent. »
CHAPTER 5. - Amendment of the Act of 20 May 1994
the use of military personnel outside the armed forces
Art. 9. Article 1^er the Act of 20 May 1994 on the use of military personnel outside the armed forces is replaced by the following:
“Article 1^er. This Act is applicable only to members of the active framework. »
Art. 10. In section 2 of the Act, paragraph 1^er is replaced by the following:
"For the purposes of this Act, "employers" means:
1° any public service that is dependent on the federal authority, the regions or communities and the organizations that depend on it, excluding the Ministry of Defence but not the agencies that depend on it;
2° autonomous public enterprises covered by the Act of 21 March 1991 on the reform of certain economic public enterprises;
3° the provinces, municipalities, towns, federations and associations of municipalities and the organizations that depend on them;
4° the police areas and the agencies that depend on them;
5° emergency areas, fire services, emergency fire and medical services and the agencies that depend on them;
6° non-governmental institutions or organizations of public utility not part of public services. »
Art. 11. Section 3 of the Act is replaced by the following:
“Art. 3. § 1^er. The King determines, by a royal decree deliberated in the Council of Ministers, the target groups and the modalities to be followed in order to apply for use.
The Minister of Defence or the authority that he designates for that purpose, or refuses the applications.
§ 2. The employer may set criteria to which an authorized member must meet to be selected. These criteria are reproduced in the agreement referred to in Article 5, § 5, paragraph 2. »
Art. 12. Section 4 of the Act is replaced by the following:
“Art. 4. Members may be used in a position of use by an employer, provided:
1° that they belong to a target group;
2° that their application is approved;
3° to be in active service without being available to an employer referred to in section 2;
4° that they do not occupy a position whose remuneration is not borne by the budget of the Ministry of Defence.
When the member performs benefits in the voluntary work plan for the four-day week, the plan is terminated. »
Art. 13. In section 5 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. The employment positions opened by employers, the number of open spaces per position of use, and the categories of staff and the language regime for which these positions are opened, are published by the Minister of Defence.
Use positions referred to in paragraph 1^er can only be full-time positions. »;
2° paragraphs 2, 3 and 4 are repealed;
3° in paragraph 5, paragraph 1^erthe words "Minister of National Defence" are replaced by the words "Minister of Defence or the authority it designates for this purpose";
4° in paragraph 5, paragraph 2, the second sentence beginning with the words "This agreement is established" and ending with the words "that use military" is repealed;
5° Paragraph 5 is supplemented by two subparagraphs as follows:
"This agreement, based on a model model defined by the Minister of Defence, includes:
1° the duration of use;
2° the fixation of the working regime;
3rd possible training and training;
4° the rules for the provision of training and training costs;
5° the authority that, in the employer of the member in use, is invested with a rank equivalent to that of head of body;
6° the rules for the care of the payroll;
7° the monetary benefits that the employer grants to the member, in accordance with the status of the employer;
8° a list of the equipment that will be made available free of charge or for which the member himself must be provided;
9° the rules relating to the civil liability of the employer;
10° the selection criteria as defined by the employer.
A copy of the labour regulations and statutes applicable to members of the employer's statutory staff is delivered to the member in use. »;
Paragraph 6 is replaced by the following:
Ҥ 6. The use takes effect as early as the first day of the first month and no later than the first day of the fourth month following the designation of the person concerned, with joint agreement between the employer and the Minister of Defence while aiming at the shortest time. Use always takes effect on the first day of a month.
The use ends on an ex officio basis on the normal date of pension or on the expiration of the engagement or re-engagement as a member. The normal pension date is the age limit pension date on the basis of the legislation and regulations in force on the date the use takes effect.
The use also ends with a 30-day notice, when the reasons for use no longer exist and the member cannot be used in a new position. The employer communicates the reasoned decision to the member and the Minister of Defence. »
Art. 14. In section 7 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"If the officer's supervisor, designated in accordance with Article 13, §2, finds that he or she does not give satisfaction or will not be able to meet the requirements of the service, he or she may be terminated by a 30-day notice. The reasons are documented in a report. »;
2° Paragraph 5 is repealed;
Paragraph 6 is replaced by the following:
"The member may terminate his use with a minimum notice of fifteen days. »;
Paragraph 7 is replaced by the following:
"The member is reintegrated into the armed forces on the first day following the expiration of the notice. »
Art. 15. In section 8 of the Act, paragraph 1^er is replaced by the following:
"The member in use is in active service. It is in the "normal service" subheading. »
Art. 16. Section 9 of the Act is replaced by the following:
“Art. 9. The member in use does not participate in the advancement unless the member takes place by service seniority.
The member in use cannot participate:
1° to preparation courses and courses or to the accession test at the rank of first sergeant-major or first sergeant-major musician;
2° to courses and courses of preparation or qualification examination for accession to the rank of Chief Warrant Officer or Chief Warrant Officer;
3° to the competition of accession to the rank of assistant-major of music;
4° to training for senior officer;
5° to professional hardships for promotion to the rank of major;
6° to the extra-muros courses referred to in Chapter III of the Royal Decree of 12 August 2003 concerning the continued training of officers of the active military and professional forces for the advancement of the rank of major. »
Art. 17. Section 10 of the Act is replaced by the following:
“Art. 10. While in use, military personnel may no longer be employed in the armed forces except:
1° when the army is mobilized;
2° when the period of war is fixed by the King by a deliberate decree in the Council of Ministers;
3° in exceptional circumstances following a government decision.
Other cases in which military personnel in use may exercise their employment within the armed forces are provided for in the agreement referred to in Article 5, § 5, paragraph 2. »
Art. 18. Section 11 of the Act is replaced by the following:
“Art. 11. A temporary withdrawal of employment, the voluntary four-day working regime and the anticipated half-time departure regime are not possible for the member in use. If a temporary withdrawal of employment by disciplinary measure or on health grounds is to be imposed, it must be terminated within 30 days of the decision to reintegrate the armed forces. Temporary withdrawal of employment on disciplinary grounds can only be made after reintegration. »
Art. 19. Article 13, § 1^erthe following amendments are made to the Act:
1° in paragraph 1^erthe third is repealed;
2° in paragraph 2, the reference ", 3°" is repealed.
Art. 20. In section 14 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. The member in use must comply with the working conditions imposed by the employer who uses it, including duties, incompatibility, working hours, leave regime, and the rules that impose an obligation of residence or establish a medical check in the event of absence on health grounds. »;
2° Paragraph 3 is replaced by the following:
“§3. The member in use who, without valid reason, neglects or refuses to perform the position assigned to him, is, after a ten-day absence, considered to be a resignation from the employer. »
Art. 21. Section 16 of the Act is replaced by the following:
“Art. 16. Except where otherwise provided in this Act, all the legislative and regulatory provisions applicable to the member at the beginning of his or her use, as well as any changes that would be made, shall remain applicable to the member during his or her use. »
Art. 22. Section 19 of the Act is replaced by the following:
“Art. 19. Except where they are once again employed in the armed forces in accordance with Article 10 or for the application of the procedures for the execution of the measures referred to in Articles 12 and 13, Articles 5 to 8, 10 bis to 12, 14 bis, 16, 18 to 39 and 41 to 43, of the Act of 14 January 1975 concerning the regulation of discipline of the armed forces are not applicable to members of the active framework during their period of use. »
Art. 23. In section 20 of the Act, the words "are recalled" are replaced by the words "rejoice their employment in the armed forces".
Art. 24. Section 24 of the Act is replaced by the following:
“Art. 24. Without prejudice to the application of section 25, military monetary status remains applicable to military personnel in use. The liquidation and payment of monetary rights remain provided by the Department of Defense. »
Art. 25. In section 25 of the Act, the following amendments are made:
1st paragraph 1^er is repealed;
2° in paragraph 2, the words "They benefit" are replaced by the words "Members in use benefit".
Art. 26. In section 26 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"By payroll within the meaning of this Act, we must hear:
1° the treatment, including interlayer increases, increases due to fluctuations in consumer price index and treatment enhancements and revisions of treatment scales;
2° the home or residence allowance;
3° the holiday toll;
4° the year-end allowance;
5° the allowances fixed by the King."
2° Paragraph 2 is replaced by the following:
"The payload of the employed CF members is paid to 100 percent by the employer who uses them. »;
Paragraph 3 is replaced by the following:
"The Department of Defense is responsible for the total amount of pay expenses during the period of the member's end-of-care leave in use. »;
4° in paragraph 5, the sentence "The terms and conditions for the application of the reimbursement procedure are set out in the model agreement referred to in Article 5, § 5. is repealed;
5° Paragraph 6 is repealed.
Art. 27. Sections 6, 26 bis, 27 and 28 of the Act are repealed.
CHAPTER 6. - 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. 28. Article 14 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 bearing social provisions is supplemented by a paragraph written as follows:
"For the determination of the main allocations referred to in paragraph 2, 1°, the limit amount A referred to in section 111, paragraph 3, of the Royal Decree of 25 November 1991 regulating unemployment is used. »
CHAPTER 7. - Amendment of the Act of 16 July 2005
the transfer of certain military personnel
to a public employer
Art. 29. In section 2, paragraph 2, of the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer, as amended by the Act of 27 December 2006, the words ", emergency zones, fire services, fire services and urgent medical assistance" are inserted between the words "police zones" and the words "and the agencies that depend on it".
CHAPTER 8. - Autonomous provision
Art. 30. Periods in the voluntary four-day working regime granted under Chapter I^er the Act of 25 May 2000 establishing the voluntary four-day working regime and the half-time early departure regime for certain members of the military and amending the status of the military in order to establish the temporary withdrawal of employment by career interruption, to the soldiers who were not in active service at the time they filed their application, shall enter into account for the calculation of retirement and survival pensions in accordance with the provisions of the above-mentioned Act.
The early-to-half-time departure periods, granted under Chapter II of the above-mentioned Act, to military personnel who were not in active service at the time they filed their application, are considered for the calculation of retirement and survival pensions in accordance with the provisions of section 18 of the above-mentioned Act.
Periods of temporary withdrawal of employment by interruption of career and availability, granted under Chapter III of the above-mentioned Act, to military personnel who were not in active service at the time of their application, are considered for the calculation of retirement and survival pensions in accordance with the provisions of sections 21 and 23 of the above-mentioned Act.
CHAPTER 9. - Final provisions
Art. 31. Section 28 of this Act produces its effects on 1^er January 2009.
Art. 32. Chapters 5 and 7 of this Act come into force on 1^er June 2011.
The King may set effective dates prior to the date referred to in paragraph 1^er.
Art. 33. Section 30 of this Act produces its effects on 20 August 1997.
Promulgate this law, order that it be clothed with the seal of the State and published by Belgian Monitor.
Given in Brussels on 23 April 2010.
ALBERT
By the King:
Deputy Prime Minister
and Minister of Employment and Equal Opportunities,
Ms. J. MILQUET
Minister of Pensions,
Mr. DAERDEN
Minister of Defence,
P. DE CREM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Session 2009-2010
House of Representatives
Parliamentary documents: Bill No. 2432/1. - Report No. 2432/2. - Text adopted by the Commission on 9 March 2010.
Annales parlementaire : texte adopté en séance plénière le 25 mars 2010.
Senate
Parliamentary documents: Bill passed by the House, No. 1723/1. Not mentioned.