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10 JANVIER 2010. - Act to establish voluntary military engagement and 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 sanctioned 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 coordinated laws relating to family allowances for employed workers coordinated by the Royal Decree of 19 December 1939
Art. 2. Section 62 of the co-ordinated Family Allowance Acts for Employees coordinated by the Royal Decree of 19 December 1939, replaced by the Act of 29 April 1996 and amended by the Acts of 3 July 2005, 20 July 2005, 27 December 2005 and 25 April 2007, is supplemented by paragraph 8 as follows:
“§ 8. For the purposes of these Acts, the exercise of a voluntary military undertaking within the meaning of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel, until the first day of the sixth calendar month that follows the month in which the member subscribes the undertaking referred to in section 21, paragraph 2, of the above-mentioned Act, is not considered a profit activity. The benefits referred to in section 50, paragraph 2, of the above-mentioned Act are not considered income, profit, gross remuneration or social benefit. »
CHAPTER 3. - Amendment of the Act of 20 July 1971 establishing guaranteed family benefits
Art. 3. In Article 1^er of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Act of 8 August 1980, by Royal Decree No. 242 of 31 December 1983 and by the Acts of 20 July 1991, 29 April 1996, 22 February 1998, 25 January 1999, 12 August 2000, 27 December 2004, 3 July 2005, 25 April 2007, 27 April 2007 and 8 June 2008, paragraph 3 is replaced by the following:
"The child remains dependent on the performance of a voluntary military engagement, until the first day of the sixth calendar month following the month in which the member agrees with the undertaking referred to in section 21, paragraph 2, of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel. The same is true when he conducts a voluntary service of collective utility under the Act of April 11, 2003, establishing a voluntary service of collective utility. »
CHAPTER 4. - Amendment of the Act of 21 December 1990 on the Status of Military Candidates of the Active Framework
Art. 4. In Article 10, § 1^er, of the Act of 21 December 1990 on the Status of Military Candidates of the Active Framework, replaced by the Act of 20 May 1994 and amended by the Act of 27 March 2003, a paragraph shall be inserted between subparagraphs 1^er and 2:
"However, a member who has made a voluntary military engagement and a short-term member who has then been admitted as a complement member cannot be approved as candidates referred to in paragraph 1^er3°, as long as they do not have the required minimum service seniority of a candidate in their category of staff referred to in paragraph 1^er, 3°, which did not make a voluntary military commitment or did not have the short-term military quality. »
Art. 5. Section 26bis of the Act, inserted by the Act of 20 May 1994 and replaced by the Act of 16 March 2000, is repealed.
CHAPTER 5. - Amendment of the Act of 20 May 1994 on the monetary rights of military personnel
Art. 6. Article 10bis, § 3, of the law of 20 May 1994 on the monetary rights of the military, inserted by the law of 27 March 2003, and amended by the law of 20 July 2005, is supplemented by a 7° written as follows:
"7° for the member who makes a voluntary military commitment, who receives a balance, referred to in Article 50, paragraph 2, of the Act of 10 January 2010 establishing the voluntary military commitment and amending various laws applicable to military personnel, for the costs incurred in the course of the State's care of the travel expenses in public transport between his home and his usual place of work. »
Art. 7. The title of Chapter V of the Act is replaced by the following:
"Chapter V. - Specific regimes."
Art. 8. In chapter V of the Act, a section 13bis is inserted as follows:
"Article 13bis. Perceive per day of active service, a balance whose rates and terms of grant are fixed by the King:
1° the non-military student in training in a school or in a school training period, which is used for a commitment or commitment;
2° the member who makes a voluntary military engagement, during the period that begins on the day he commits a commitment and ends on the last day of the fifth calendar month that follows the month in which he has signed this commitment.
The daily balance cannot exceed 5 euros. The King may link this amount to the mobility regime applicable to the salaries of federal public service personnel. »
Art. 9. Section 18 of the Act is repealed.
CHAPTER 6. - Amendment of the Act of 16 March 2000 on the resignation of certain military personnel and the termination of the undertaking or re-engagement of certain military candidates, the fixing of the period of return and the recovery by the State of part of the costs granted by the State for the training and part of the treatment received during the training
Art. 10. In Article 3, § 2, of the Act of 16 March 2000 on the resignation of certain military personnel and the termination of the undertaking or re-engagement of certain military candidates, the fixing of the period of return and the recovery by the State of part of the costs granted by the State for the training and of part of the treatment received during the training, as amended by the Act of 26 April 2009, paragraph 2 is replaced by
"However, for the career or complement officer who successfully completed the training of pilot or air traffic controller, the performance period is increased by three years. »
Art. 11. In section 4 of the Act, amended by the Act of 22 March 2001, partially annulled by the Constitutional Court Decision No. 28/2002 and amended by the Act of 26 April 2009, the following amendments are made:
1° in paragraph 2:
(a) the words "or after a training referred to in Article 3, § 1^er, 6°, are repealed;
(b) the words "Tables B, C and E" are replaced by the words "Tables B and C";
2° the article is supplemented by two paragraphs written as follows:
"The member of a career or supplement who has obtained his resignation or has been dismissed from office or who is pensioned pursuant to sections 3, A, and 3, B, of the laws on military pensions coordinated by Royal Decree No. 16020 of 11 August 1923, or of Article 46 of the law of 15 May 1984 concerning measures of harmonization in pension plans, before the end of the period of accumulated performance § having followed^er, 6°, is also required to reimburse the State a portion of the costs of its formation, according to the rates and terms set out in table E of the schedule to this Act.
A career or complement member who has started his professional training for obtaining the ATC patent and who has obtained his resignation or who has been dismissed from office before the end of the accumulated performance period for the reasons referred to in Article 3, § 1^er, 1°, and § 2, paragraph 2, is also required to refund to the State part of the costs of this vocational training, according to the rates and terms set out in tables F1 and F2 of the schedule to this Act. »
Art. 12. In section 5 of the Act, as amended by the Acts of 22 March 2001 and 26 April 2009, a paragraph is inserted between paragraphs 2 and 3:
"The auxiliary air traffic officer who has obtained the termination of his or her undertaking or whose commitment is terminated for disciplinary, moral or professional reasons, before the end of the accumulated performance period for the reasons referred to in Article 3, § 1^er, 4°, is also required to refund to the State part of the costs of vocational training for obtaining the ATC patent, according to the rates and terms set out in Table F2 of the Schedule to this Act. »
Art. 13. Section 7 of the Act is replaced by the following:
“Art. 7. Is required to repay some of the treatments received during the training, any candidate whose commitment or commitment is terminated for another reason than medical incapacity, who ceases to be a military candidate of the active framework and who:
1° has acquired, as a career officer candidate, at least 60 credits to the Royal Military School or another institution of higher education;
2° has obtained, as a career non-commissioned candidate, the certificate of higher secondary education, or an equivalent degree or certificate, to the Royal School of Non-commissioned Officers.
The provision referred to in paragraph 1^er is not applicable:
1° to the member reintegrated into his or her original framework, unless he or she loses the status of a member of the active framework within a period beginning on the date of reintegration and equals once and a half the training followed in the quality referred to in paragraph 1^er1° or 2°;
2° to the military candidate, under the age of eighteen, who loses the status of candidate following the declaration of the war period. »
The allowance is 73% of the net salary paid during training in the quality referred to in paragraph 1^er, 1° or 2°. However, the reimbursement referred to in paragraph 2, 1°, is calculated according to the provision referred to in section 4, paragraph 1^er. »
Art. 14. Section 7bis of the Act, inserted by the Act of 5 March 2006, is replaced by the following:
"Art.7bis. An auxiliary air traffic officer whose commitment is terminated, for any other reason than medical incapacity, and who ceases to be a member of the active framework, is also required to reimburse the State a portion of the costs of professional training for obtaining the ATC patent, according to the rates and terms set out in Table F1 of the schedule to this Act.
An auxiliary air traffic officer referred to in paragraph 1^er, is also required to reimburse part of the salary received during the training. The allowance is 73% of the net salary paid during training.
The provisions of subparagraphs 1^er and 2 are also applicable to a military candidate who loses this quality and has been admitted to this training after termination of his or her appointment as an auxiliary air traffic officer under the conditions specified in paragraph 1^er. »
Art. 15. In the Schedule to the Act, replaced by the Act of April 26, 2009, the following amendments are made:
1° Table A is replaced by Table A, which is attached as Appendix 1^re to this Act;
2° The schedule is supplemented by Tables F1 and F2, which are attached as Appendix 2 to this Act.
CHAPTER 7. - Amendment of the Act of 25 May 2000 on the Envelope in Military Personnel
Art. 16. In Article 1^er, § 2, paragraph 2, of the Act of 25 May 2000 on the envelope of military personnel, as amended by the Act of 27 March 2003, the 4th is replaced by the following:
"4° military of the active frame:
(a) Career soldiers;
(b) Additional military personnel;
(c) Auxiliary officers;
(d) short-term military personnel;
(e) Officer candidates and non-commissioned officers, who are commissioned respectively to the rank of deputy lieutenant or sergeant and who are already in their final assignment unit;
(f) Voluntary candidates for the active framework;
(g) military musicians;
(h) nominees of music chiefs and non-commissioned music officer candidates, respectively, at the rank of deputy lieutenant or sergeant, already in their final assignment unit;
(i) military personnel who make a voluntary military engagement, when they no longer receive a balance. »
CHAPTER 8. - Amendment of the Act of 16 May 2001 on the status of military personnel of the Armed Forces Reserve Framework
Art. 17. Article 10, 2°, of the Act of 16 May 2001 on the Status of Military Members of the Armed Forces Reserve Framework, amended by the Acts of 27 March 2003 and 30 December 2008, is supplemented by the e) as follows:
"(e) EVMI officers referred to in section 48 of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel. »
Art. 18. Section 11, 2°, of the Act, as amended by the Acts of 27 March 2003 and 30 December 2008, is supplemented by the d) as follows:
"(d) EVMI non-commissioned officers referred to in section 48 of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel. »
Art. 19. Section 12, 2°, of the same Act, as amended by the Act of 30 December 2008, is supplemented by (c) as follows:
"(c) EVMI volunteers referred to in section 48 of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel. »
CHAPTER 9. - Amendment of the Act of 22 December 2008 on various provisions (I)
Art. 20. Article 37, § 5, of the Act of 22 December 2008 on various provisions (I) is supplemented by three paragraphs as follows:
"If a procedure for appearing before the Military Committee of Apology and Reform has been commenced before the date referred to in, where applicable, paragraph 1^er or 2, the effective date of the voluntary suspension of benefits shall be suspended until the first day of the following month, if any:
1° the date on which an appeal is no longer possible against the decision of the Military Fitness and Reform Commission that declares the military fit medically, even for work half-time;
2° the date of the decision of the military suitability and appeal reform commission which declares the military fit medically, even for a mid-time work.
However, the effective date of the voluntary suspension of benefits referred to in paragraph 3 may not be earlier than the date referred to in, if any, paragraph 1^er or 2.
A non-medical military temporarily or permanently may not leave for voluntary suspension of benefits. »
CHAPTER 10. - Voluntary military engagement
Section 1^re. - General provisions
Art. 21. This chapter creates a voluntary military engagement, referred to as "EVMI", and sets out the status of the military who perform this service.
These members serve as active members under a consecutive commitment and re-engagement regime. The overall duration of services in the EMIV cannot exceed:
1° four years, for officer and non-commissioned officer EVMI;
2° three years for the EVMI volunteer.
Art. 22. The EVMI military are:
1° EVMI officers and candidates;
2° non-commissioned officers and non-commissioned officers EVMI;
3° volunteers and volunteers EVMI.
Art. 23. For the purposes of this chapter, the following should be understood:
1° "EVMI military": the member who conducts an EVMI;
2° "the Minister": the Minister of Defence;
3° "the applicant": the person, between the time it registers for a recruitment session and the time it acquires, as the case may be, the status of a military candidate or a military aspirant or, where applicable, where the recruitment process related to that registration is terminated;
4° "the applicant EVMI": the person, between the time it registers at an EVMI recruitment session and the time it acquires the status of EVMI member or, where applicable, where the recruitment process related to the registration is terminated;
5° "the EVMI candidate": the EVMI member during his training;
6° "the working day": the day that is neither a Saturday, nor a Sunday, nor a holiday.
Art. 24. For the purposes of this chapter, whenever a grade is mentioned, the equivalent grade is also considered.
Art. 25. Insofar as these provisions are not inconsistent with the provisions of this chapter, all legislative and regulatory provisions relating to the status of active military personnel are applicable to IVMI military personnel, according to the category of personnel to which they belong.
As long as these provisions are not inconsistent with the provisions of this chapter, all legislative and regulatory provisions relating to the status, as the case may be, of applicants, military candidates or military aspirants, are applicable to EVMI applicants or EVMI candidates, according to the category of personnel to which they belong.
Section 2. - Recruitment
Art. 26. The Minister sets out the number of vacant positions for operational functions or operations support functions by a recruitment session for EVMI military personnel.
During the publication, it specifies the features of the functions that have a consequence on the selection of the applicant EVMI.
Art. 27. In order to acquire the EVMI military quality, the applicant must meet the same conditions as the applicant, with the exception of the following:
1° it must not be classified but must be classified in order usefully taking into account:
(a) the chronological order for the introduction of registrations;
(b) preferences expressed for different recruitment functions;
2° if he is a postulant EVMI officer:
(a) it may not have reached the age of twenty-seven at the 31 December of the year of its incorporation;
(b) the holder of a bachelor or a candidate's degree from an academic or equivalent institution;
(c) it may not have lost the quality of military or military candidate in the same category of personnel or in a lower category because of insufficient material qualities;
3° if he is a non-commissioned officer EVMI:
(a) it may not have reached the age of twenty-five at the 31st December of the year of its incorporation;
(b) the holder of the certificate of higher secondary education or an equivalent diploma or certificate;
(c) it may not have lost the quality of military or military candidate in the same category of personnel or in another category because of insufficient material qualities;
4° if he is a volunteer applicant EVMI:
(a) it may not have reached the age of twenty-five at the 31st December of the year of its incorporation;
(b) it shall not meet any conditions of study;
(c) it may not have lost the quality of military or military candidate in the same category of personnel because of insufficient material qualities.
The King sets out the modalities according to which the applicant EVMI is appreciated during the selection tests. It may also set the selection tests that the applicant should not perform or set additional selection tests for certain recruitment functions.
Section 3. - Commitment and commitment
Art. 28. The acquisition of the EVMI military quality is consecrated by the signing of an act of engagement, the model of which is fixed by the Minister. A copy of the completed certificate of engagement is provided to the relevant EVMI member.
Depending on the case, in full right and on the date of the appointment as an EVMI member, the termination of the employment or termination of any prior engagement or re-engagement of the person who has already been a member.
Art. 29. The undertaking referred to in section 21, paragraph 2, shall be for a period of time:
1° twenty-four to forty-eight months, for officer and non-commissioned officer EVMI;
2° from twenty-four to thirty-six months, for the EVMI volunteer.
The King sets the concrete duration of the commitment by category of staff.
The rengagements referred to in Article 21, paragraph 2, shall be subscribed for a period of six months.
The cumulative duration of the undertaking and all routings may not exceed the overall duration set out in section 21, paragraph 2.
A rengagement takes place at the expiry of the previous commitment or commitment.
The Head of Corps of the EVMI Military is the authority authorized to accept or refuse re-engagements.
An appeal against a decision on a refusal of reengagement may be brought to the Director General Human Resources.
Art. 30. In the event of a mobilization, in wartime, in times of war and, where appropriate, in times of crisis, the commitments and commitments under way as a military EVMI are extended in full right up to the day fixed by the minister and no later than the day fixed for the handover of the army on a peace basis.
The commitment or re-engagement of the EVMI military who expires while the individual participates in an operation or mission is extended, in accordance with the terms fixed by the King by order deliberately in the Council of Ministers, in full right up to the end of his participation in this operation or mission and for a maximum period of six months.
Art. 31. The King fixed:
1° the procedure for re-engagements;
2° the procedure for the introduction of the remedy referred to in Article 29, paragraph 7.
Section 4. - Training
Art. 32. The duration of the training is up to twenty-four months for all EVMI candidates.
The training cycle includes the following training periods, which in turn can be divided into phases and modules:
1° a period of instruction, which includes:
(a) basic military training;
(b) specialized vocational training;
2° a period of probation, the duration of which cannot be less than three months.
The duration and content of the training period of EVMI candidates are identical to those of the training period of military candidates or aspirants who were recruited to perform the same functions.
Art. 33. The King sets the moments of appreciation of the professional qualities of the EVMI candidates.
Art. 34. § 1^er. Each EVMI candidate is awarded the rank of soldier as soon as his or her engagement takes place.
§ 2. May be commissioned during training:
1° the candidate officer EVMI: in the rank of corporal, sergeant, adjutant and sublieutenant;
2° the non-commissioned candidate EVMI: in the rank of corporal and sergeant;
3° the voluntary candidate EVMI: in the rank of first soldier.
The King determines the moments of the granting of the commissions.
§ 3. In derogation from Article 3, § 1^er, of the Act of 30 July 1938 concerning the use of languages to the army, the success of the examination on the effective knowledge of the language of the other language regime than that to which officer EVMI belongs is required only when he meets the conditions for being appointed to the rank of deputy lieutenant in accordance with section 47, § 1^erParagraph 1^er or 2.
In derogation from Article 8, § 1^erParagraph 1^er, of the above-mentioned law, the success of the examination on the effective knowledge of the language of the language of the language regime chosen by non-commissioned officer EVMI during his recruitment, is required only when he meets the conditions to be appointed to the rank, as the case may be, of sergeant or first-sergent in accordance with section 47, § 1^erParagraph 1^er or 3.
Art. 35. Training ends in the following cases:
1° by the success of the training cycle;
2° by the loss of EVMI candidate quality.
In the case referred to in paragraph 1^er, 2°, the EVMI candidate loses the rank in which he is commissioned.
Art. 36. Loss of candidate quality EVMI:
1° the one who obtains an insufficient assessment:
(a) professional qualities;
(b) material qualities;
(c) physical qualities in terms of physical condition;
2° he whose moral qualities no longer conform to the rules than the fixed King;
3° the one whose commitment is terminated by office or in accordance with articles 42, paragraph 1^er1° to 5° and 43.
The King designates the competent authority to pronounce the loss of the quality of candidate EVMI.
Art. 37. Not applicable to EVMI candidate, the legal and regulatory provisions of the status, as the case may be, of the military candidate or military aspirant related to:
1° to adjournment;
2° to reclassification;
3° to further training.
Art. 38. The statutory and regulatory provisions relating to the voluntary four-day work regime are not applicable to the EVMI candidate.
Section 5. - Temporary withdrawal of employment and termination of engagement or rengagement
Art. 39. The temporary withdrawal of employment shall take place only in the following cases:
1° at the request of the military EVMI;
2° for health reasons;
3° per disciplinary measure.
Art. 40. § 1^er. Upon request, the EVMI member may be temporarily removed from his employment for personal convenience, provided that:
1° having completed its training cycle;
2° that the application is motivated by exceptional social reasons to be appreciated by the Director General Human Resources.
This temporary employment withdrawal has a duration of three months and can only be granted once.
§ 2. In times of war, the military EVMI cannot obtain a temporary withdrawal of employment upon request. The same applies to those who are in operational commitment in peace or who are on notice for this purpose.
Temporary withdrawals of employment granted at the request of the individual cease in full right in times of war.
Art. 41. Commitment or commitment ends:
1° by expiry of the undertaking or re-engagement, provided that it is not followed by a re-engagement in the same quality or that it is not extended of full right in accordance with Article 30, paragraph 2;
2° by termination of commitment or commitment.
The EVMI member whose engagement or re-engagement is terminated cannot be reintegrated as an EVMI member. However, EVMI member whose engagement or re-engagement was terminated in full law on the basis of section 42, paragraph 1^er, 2°, (a), with a view to following a training of candidate or military aspirant of the active part in a higher category of staff may be reintegrated to the conditions and conditions fixed by the King.
Art. 42. The commitment or commitment is terminated in full right when the EVMI candidate or EVMI member:
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 commitment:
(a) as a candidate or a military aspirant of the active military framework;
(b) as an auxiliary officer;
3° is permanently placed on the pension;
4° is prohibited without a stay of life or time 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 EVMI candidate status in accordance with Article 36, paragraph 1^er1° and 2°.
The termination of full-law commitment or commitment shall take effect as soon as the situation in which it occurs.
Art. 43. The EVMI candidate or the EVMI member obtains from his or her head the termination of his or her commitment, if he makes the written request.
When the application is filed during the period in which the EVMI candidate receives a balance, the termination of the undertaking shall take effect no later than three working days after the date of application.
When the application is filed after the period referred to in paragraph 2, the termination of the undertaking or undertaking is effective, as the case may be:
1° if he is an EVMI officer or non-commissioned officer, no later than one month after the date of filing of the application;
2° if it is voluntary EVMI, not later than ten working days after the date of application.
However, the termination of the undertaking or re-engagement at the request of the member of the EVMI who participates in an operation or mission as referred to in section 30, paragraph 2, or who is placed on notice for that purpose, shall take effect at the earliest opportunity at the end of his participation in that operation or mission.
Art. 44. The re-engagement of the EVMI military may be terminated on its own terms and in accordance with the procedure established by the King.
Section 6. - Admission to another military quality of the active framework
Art. 45. The EVMI member may, at his request, be admitted to the quality, as the case may be, of:
1st Military Supplement, if transferred before the entry into force of Article 216 of the Act of 28 February 2007 establishing the status of the military personnel of the armed forces;
2° military of the active frame in a category of personnel referred to in Article 25, § 1^erParagraph 1^er, 1°, 4° or 5°, of the aforementioned law, in the other cases.
The EVMI member is admitted to the category of personnel corresponding to that to which he belongs as an EVMI member.
Officer EVMI referred to in paragraph 1^er, 2°, is admitted as officer of level B.
Art. 46. In order to be able to apply for admission, the EVMI member referred to in section 45 must meet the following conditions:
1° be approved by the Director General Human Resources;
2° having received a positive assessment of his head of body, in accordance with the terms fixed by the King;
3° for EVMI officer, having passed the examination referred to in Article 3, § 1^erthe Act of 30 July 1938 concerning the use of languages in the army, at the latest at the time of its application for admission;
4° for non-commissioned officer EVMI, having passed the examination referred to in Article 8, § 1^erParagraph 1^er, of the above-mentioned law, at the latest at the time of its application for admission.
Military EVMI referred to in paragraph 1^er who has participated in an operation or mission as referred to in section 30, paragraph 2, may apply for admission upon completion of his or her participation in that operation or mission.
Otherwise, the application for admission may be filed as soon as 30 months of active service.
Any application for admission must be submitted by:
1° before the forty-sixth month of service, for officer and non-commissioned officer EVMI;
2° before the thirty-fourth month of service, for the EVMI volunteer.
Art. 47. § 1^er. Military EVMI referred to in section 45, paragraph 1^er, 1°, is appointed in the last rank to which he was commissioned as an EVMI military on the twenty-seventh day of the last month of the quarter in which he met the conditions referred to in section 46.
EVMI officer referred to in section 45, paragraph 1^er, 2°, is appointed in the rank of sub-lieutenant on the twenty-sixth day of the last month of the quarter in which he met the conditions referred to in section 46.
Subcommission EVMI referred to in section 45, paragraph 1^er, 2°, is appointed in the rank of first sergeant on the twenty-sixth day of the last month of the quarter in which he met the conditions referred to in section 46.
VMI volunteer referred to in section 45, paragraph 1^er, 2°, is appointed in the rank of first soldier on the twenty-sixth day of the last month of the quarter in which he met the conditions referred to in section 46.
§ 2. The seniority in the grade in which the EVMI member is appointed in accordance with the provisions of paragraph 1^ershall not take place on a date prior to that of the personnel in which they are admitted.
The King sets out the modalities for taking courses of this age.
Section 7. - Admission to the reserve
Art. 48. An EVMI member who is not admitted to another category of active personnel as referred to in section 6, whose engagement or re-engagement is terminated on request or expired and who has successfully completed his or her training period, is admitted to full duty for a period of ten years in the reserve, in the category of personnel corresponding to the EVMI military category to which he or she belonged.
Art. 49. On the day of his admission, the member referred to in section 48 was appointed to the last rank to which he was commissioned as a military EVMI.
Section 8. - Monetary and social provisions
Art. 50. During the period that begins on the day that the EVMI member subscribes the undertaking referred to in section 21, paragraph 2, and ends on the last day of the fifth calendar month that follows the month in which he or she has subscribed, the monetary provisions applicable to the CF members who receive treatment are not applicable to the EVMI member.
During the period referred to in paragraph 1^er, the EVMI military receives a balance of which the King sets the amount, with a maximum of 5 euros per day, and the terms of granting. The King may link the amount of the balance to the mobility regime applicable to the salaries of federal public service personnel. The military EVMI also benefits from food, housing, clothing, equipment and travel expenses in public transport between its home and its place of work, to the State.
Art. 51. The provisions of the co-ordinated Military Pension Acts apply only to the MISP on the first day of the sixth calendar month following the month in which the MISP subscribes the undertaking referred to in section 21, paragraph 2.
Art. 52. For the period before the first day of the sixth calendar month following the month in which the member of EVMI subscribes the undertaking referred to in section 21, paragraph 2, the Minister is authorized to cover the risk of income loss as a result of a disability or death by an insurance contract.
Art. 53. Under the conditions and terms and conditions established by the King, the exercise of an EVMI and the award of the balance, if any, are compatible with:
1° the right to family allowances;
2° the right to guaranteed family benefits;
3° maintaining the quality of job applicant or job applicant compensated.
Art. 54. The benefits referred to in Article 50, paragraph 2, are not considered income, remuneration, benefit in the sense of social legislation. The balance and other benefits referred to in Article 50, paragraph 2, are not considered as remuneration or in the sense of Article 14 of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and 23 of the Law of 29 June 1981 establishing the general principles of social security of wage workers or within the meaning of Article 2 of the Law of 12 April 1965 concerning the protection of the remuneration of workers, §
During the period referred to in section 50, paragraph 1^erEVMI is not considered a lucrative activity within the meaning of social legislation.
Art. 55. Sections 14 to 18 of the Act of 6 February 2003 relating to the voluntary resignation accompanied by a personalized programme of professional conversion for the benefit of certain military personnel and bearing social provisions are not applicable to the military EVMI whose undertaking is terminated before the beginning of the sixth calendar month following the month in which the military EVMI subscribes the undertaking referred to in section 21, paragraph 2.
Art. 56. On the effective date of this provision, short-term military personnel who meet the requirements of section 46, paragraph 1^er, and who have completed at least thirty-six months of service in their personnel category, may apply for admission as additional military personnel.
Short-term military personnel referred to in paragraph 1^er, are admitted to the category of personnel corresponding to that to which they belong as short-term military and are appointed in the last grade to which they were commissioned as short-term military on the twenty-seventh day of the last month of the quarter in which they met the conditions referred to in paragraph 1^er.
The seniority in the grade in which the short-term military is appointed in accordance with paragraph 2, shall not take place on a date prior to that of the supplemental military, according to the category of personnel in which they are admitted.
The King sets out the modalities for taking courses of this age.
CHAPTER 11. - Final provisions
Art. 57. Chapters 2, 3, 4, 5, 7, 8 and 10, except section 5, of this Act come into force on December 31, 2010.
The King may set effective dates prior to the date referred to in paragraph 1^er.
Art. 58. Section 20 of this Act produces its effects on 1^er January 2010.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 January 2010.
ALBERT
By the King:
Deputy Prime Minister and Minister of Social Affairs and Public Health, responsible for Social Integration,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Minister of Pensions and Major Cities,
Mr. DAERDEN
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
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. 2314/1. Amendment No. 2314/2. - Report No. 2314/3. - Text adopted by Commission No. 2314/4. - Text adopted by Chamber No. 2314/5.
Annales parliamentarians. - Text adopted in plenary meeting on 17 December 2009.
Senate.
Parliamentary documents. - Bill passed by the House, No. 1563/1. Amendment No. 1563/2. - Report No. 1563/3. - Decision not to amend No. 1563/4.
Annales parliamentarians. - Text adopted in plenary meeting on 19 December 2009.