26 MARCH 2007. - An Act to make various provisions for the integration of small risks into compulsory health care insurance for independent workers (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in We sanction the following:
PART I^er. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Provisions relating to the financing of integration into the compulsory insurance of small risks to self-employed persons
CHAPTER I^er. - Distribution of the financial burden
Art. 2. Section 40 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, amended by the Act of 20 December 1995, the Royal Decrees of 10 December 1996 and 25 April 1997, the Acts of 25 January 1999 and 24 December 1999, the Royal Decree of 11 December 2001, the Acts of 30 December 2001, 14 January 2002, 22 August 2002, 22 December 2003 and 27 December 2004 and the Royal Decree of 17 September 2005, are amended as follows:
1° § 1^er, paragraph 3, is supplemented as follows:
"From 2008 onwards the amount of the above-mentioned overall annual budget objective is increased. This increase is calculated at the beginning of a base amount of 439,900 thousand EUR, in price 2005, adapted to the evolution of the health index and multiplied by the adjustment coefficient for the year 2008 set in execution of Article 6, § 1^erbis of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Law of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans.
Adjustment to the health index is done by multiplying from the 2007 average health index to the 2004 average health index. »;
2° In § 5, the words "on the closing of the accounts of the year 1998. are replaced by the words "on the closing of the 1998 fiscal year accounts and for the last time on the closing of the 2007 fiscal year accounts. »
Art. 3. In Article 195, § 1^er, 2°, of the same Act, replaced by the Royal Decree of 17 March 1997, as amended by the Acts of 22 February 1998 and 22 August 2002, the Royal Decree of 11 May 2003 and the Acts of 27 December 2004 and 27 December 2005, the following paragraph shall be inserted between paragraphs 4 and 5:
"From 2008 onwards, the amount of administrative fees for the five national unions allocated under the preceding paragraphs is increased annually by EUR 11,410 thousand. »
Art. 4. In section 24 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Royal Decree of 8 August 1997 and amended by the Act of 25 January 1999 and the Act of 31 January 2007 amending the Act of 23 December 2005 on the covenant of solidarity between generations (1) with a view to introducing a new system of financing of health insurance, it is inserted a § 1^erwhich read:
« § 1^erQuiet. In fiscal year 2008, without prejudice to § 1^erter and § 1^erthe amount referred to in § 1^erbis is reduced in the amount of 182,060 thousand EUR, adapted annually to the fluctuation rate of the average consumer price index. »
Art. 5. In section 6 of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of independent workers, pursuant to chapter I of Title VI of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, as amended by the Royal Decree of 18 November 1996 and the Act of 31 January 2007 amending the Act of 23 December 2005 on the pact of solidarity between generations (1) in view of
1° § 1^erbis is supplemented by the following:
"For fiscal year 2008, the limited amount defined under the preceding paragraphs is increased.
This increase is calculated at the beginning of a base amount of 402,660 thousand EUR, in price 2005, adapted to the evolution of the health index and multiplied by the adjustment coefficient for the year 2008 determined by the King by decree deliberated in the Council of Ministers.
The adjustment coefficient referred to in the preceding paragraph is such that the resulting increase is between the rate of growth of the actual income available from independent social contributions from 2005 to 2006 and the actual growth standard referred to in Article 40, § 1^erof the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, for the year 2008.
Adjustment to the health index is done by multiplying from the 2007 average health index to the 2004 average health index. »;
2° It is inserted a § 1^erquinquies, as follows:
« § 1^erQuiet. In fiscal year 2008, without prejudice to § 1^erter and § 1^erquater, the amount resulting from § 1^erbis is increased by two amounts.
The first amount is equal to EUR 182,060 thousand and is adjusted annually to the average consumer price index fluctuation rate.
The second amount corresponds to the cost of administering insurance organizations and amounts to EUR 11,410 thousand. This amount is not subject to any indexation. »
Art. 6. In section 66 of the Program Law of 2 January 2001, as amended by the Acts of 30 December 2001, 20 July 2001, 2 August 2002, 24 December 2002, 22 December 2003, 27 December 2004, 3 July 2005, 11 July 2005, 20 July 2005 and 23 December 2005, the Program Law of 20 July 2006, the Act of 31 January 2007 amending the Act of 23 December 2005 on the Intergenerational Solidarity Pact (1) to introduce a new system of financing of health insurance § 27 December 2006,
“Paragraph 3s. From the year 2008, the amounts fixed according to the method determined in § 1^er and distributed according to the distribution key provided in § 2 are:
1° diminished of 182,060 thousand euros with respect to the O.N.S.-Global management;
2° increased by 182,060 thousand euros with respect to the Fund for the Financial Balance of the Social Status of Independent Workers referred to in Article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers.
These amounts are adjusted annually to the fluctuation rate of the average consumer price index. »
Art. 7. In order to finance the integration of the small risks of self-employed in compulsory health care insurance, the King sets out, by a royal decree deliberated in the Council of Ministers, how the additional cost of 342 570 thousand eruos is financed. The above amount must be adapted to the evolution of the health index and multiplied by the adjustment coefficient for the year 2008 as determined in accordance with Article 6, § 1^erbis of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I^er Title VI of the Act of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans. Adjustment to the health index is done by multiplying from the 2007 average health index to the 2004 average health index.
In addition to the above-mentioned amount, an amount of 37,240 thousand euros, representing the cost of integrating small risks for recipients who have for the first time a primary independent activity and pensioned independents who benefit from the guarantee of income to older persons, is financed from the reserves and/or revenues of the overall financial management of social status. This implies that, in the event of insufficient reserves and/or revenues, any deficit in the first tranche of 37,240 thousand euros must be covered exclusively by an increase in social contributions for the social status of independent workers.
This amount must be adapted to the evolution of the health index and multiplied by the adjustment coefficient for the year 2008 in the manner referred to in the preceding paragraph.
To this end, the King amends the legislation relating to social contributions for the social status of independent workers, including adapting the percentages and thresholds of professional income referred to in articles 12 and 13 of Royal Decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, as well as, where applicable, providing dependant social contributions to certain categories of beneficiaries of social status benefits of independent workers.
This authorization granted to the King shall expire 2 years after the date of entry into force of this Article.
However, with respect to self-employed persons who, pursuant to the First Chapter of Royal Decree No. 38 of 27 July 1967 referred to above, are subject to the compulsory disability insurance scheme and who, after 30 June 2006, begin a professional activity as a principal independent, and must pay contributions pursuant to Article 12, § 1^er, of Royal Decree No. 38 of 27 July 1967 referred to above, the adaptation of social contributions resulting from the execution of the preceding paragraph can only be applied to them from the seventh quarter of their subjection to the social status of independent workers. In the first 6 quarters of their subjection, a reduced adaptation of contributions may be applied. There is a start of activity for the first time within the meaning of this paragraph as long as no independent activity has been carried out as a principal activity in the four calendar quarters prior to their assignment.
The King will seize the Legislative Chambers, immediately if they are gathered, if not at the opening of their next session, of a bill to confirm the orders made pursuant to this section.
Art. 8. Article 19 of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, as amended by the laws of 30 March 1994 and 26 July 1996, is replaced by the following provision:
“Art. 19. The State participates in the financing of the social status of independent workers.
The State's annual subsidy for the different social status regimes and sectors of self-employed workers is overall set at 945,218,010 euros and, starting in fiscal year 2003, included in the SPF Social Security budget.
From 1^er January 1998, this amount is related to fluctuations in the price index referred to in section 2, paragraph 1^erof the Royal Decree of 24 December 1993 implementing the law of 6 January 1989, to safeguard the country's competitiveness, confirmed by Article 90 of the Act of 30 March 1994 on social provisions.
In addition to the subsidy provided for in paragraph 2, beginning in the 2008 fiscal year, a supplementary subsidy from the State is set at 71,500,000 euros, adapted according to the formula set out in the following paragraph, and included in the SPF Social Security budget.
The amount referred to in the previous paragraph is related from 1^er January 2005 to fluctuations in the price index referred to in section 2, paragraph 1^erthe Royal Decree of 24 December 1993 implementing the Act of 6 January 1989 to safeguard the country's competitiveness, confirmed by Article 90 of the Act of 30 March 1994 on social provisions. »
CHAPTER II. - Technical changes
Art. 9. Article 6 of the Royal Decree of 18 November 1996 on the introduction of comprehensive financial management in the social status of self-employed persons, pursuant to Chapter I of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, as amended by the Royal Decree of 18 November 1996 and the Act of 31 January 2007 amending the Act of 23 December 2005 on the pact of solidarity between generations (1) with a view
1° In § 1^er, 3^e dashes, the words "of the general regime" are deleted;
2° In § 2 (c), the words "health care sector established by the Royal Decree of 30 July 1964 on the conditions under which the application of the law on compulsory health care and allowances, coordinated on 14 July 1994, is extended to self-employed and" are deleted.
Art. 10. Article 7, § 1^erthe following amendments shall be made to the same order:
1° Paragraph 1^erthe words "of the general regime" are deleted;
2° Paragraph 2 is repealed.
Art. 11. In article 10 of the same order, the words "health care and" are deleted.
PART III. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 12. Section 2, k, of the Compulsory Health Care Insurance Act, coordinated on July 14, 1994, as amended by the Act of December 24, 1999, the words "as defined in section 32, paragraph 1^er, 1° to 16° and 20°" are replaced by the words "as defined in article 32, paragraph 1^er1° to 16°, 20° and 21°".
Art. 13. In section 11, paragraph 3, of the Act, the following amendments are made:
1° The words "and a minister's delegate who has the social status of self-employed persons in his duties" are inserted between the words "his powers" and the words "present meetings of the General Committee";
2° The paragraph is completed as follows:
"The delegate of the Minister who has the social status of the self-employed in his duties has the same powers as the Commissioners of Government. »
Art. 14. Article 21, § 1^er, paragraph 5, of the Act, inserted by the Act of 10 December 1997, are amended as follows:
1° The words "and a minister's delegate who has the social status of self-employed persons in his or her powers" are inserted between the words "their powers" and the words "the meetings";
2° The paragraph is completed as follows:
"The delegate of the Minister who has the social status of the self-employed in his duties has the same powers as the Commissioners of Government. »
Art. 15. In section 25, paragraph 2, of the Act, replaced by the Act of 27 April 2005, the words "sections 32 and 33" are replaced by the words "section 32".
Art. 16. Section 32 of the Act, amended by the Act of 4 August 1996, the Royal Decrees of 18 February 1997 and 25 April 1997, the Acts of 25 January 1999, 12 August 2000 and 23 March 2001, the Royal Decree of 10 June 2001, the Act of 24 December 2002 and the Royal Decree of 19 October 2004, are amended as follows:
1° Paragraph 1^er, it is inserted a point 1°bis, written as follows:
"1°bis self-employed persons subject to compulsory health care insurance under Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers; »;
2° Paragraph 1^er, 2°, as amended by the Act of 4 August 1996, the words "and self-employed" are inserted between the words "workers" and the words "recognized unable to work", and the words "independent workers" are inserted between the words "workers" and the words "in a period of maternity protection";
3° In the same paragraph, a point 6°bis is inserted, which reads as follows:
"6° bis self-employed persons admitted to continued insurance under the conditions provided for under the pension and survival legislation of self-employed persons; »;
4° In the same paragraph, a point 6°ter is inserted, which reads as follows:
"6°ter self-employed persons benefiting from social insurance in the event of bankruptcy referred to in Article 2 of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to Articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, for up to four quarters.
The four-quarters period takes place, with respect to self-employed persons referred to in section 2, paragraph 1^er, of the royal decree of November 18, 1996 referred to above, the first day of the quarter following that of the declarative judgment of bankruptcy, or, in case the independent worker obtained a concordat after bankruptcy, the first day of the quarter following that of the judgment of resolution of that concordat. For those referred to in section 2, paragraph 2, of the same order, this period takes place on the first day of the quarter following that of the cessation of independent activity; »;
5° In the same paragraph, a point 11°bis is inserted, which reads as follows:
"11°bis self-employed persons who have reached the normal age of pension and who justify at least one year of work as an independent worker, who can open the right to pension under the legislation relating to the pension and survival of self-employed persons; »;
6° In the same paragraph, a point 11°ter is inserted, which reads as follows:
"11°ter self-employed persons who, as such, benefit from a pension that has taken place before they have reached the normal age of pension; »;
7° In the same paragraph, a point 11°quater is inserted, which reads as follows:
"11°quater the former settlers making payments in this capacity, with the aim of maintaining their rights, in accordance with the legislation relating to the pension and survival of independent workers; »;
8° Paragraph 1^er, 13°, replaced by the law of 25 January 1999, the last sentence is deleted;
9° Paragraph 1^er, 14°, replaced by the Royal Decree of 25 April 1997 and amended by the law of 25 January 1999, the last sentence is deleted;
10° Paragraph 1^er, 15°, replaced by the Royal Decree of 25 April 1997, the words "people, other than those listed in section 33, are replaced by the words "subscribed persons";
11° Paragraph 1^er, 17°, inserted by the Royal Decree of 25 April 1997, the words "holders subject to 1° to 16° and 20°" are replaced by the words "holders subject to 1° to 16°, 20° and 21°";
12° Paragraph 1^er, 18°, inserted by the Royal Decree of 25 April 1997, the words "holders under 1° to 16° and 20°" are replaced by the words "holders under 1° to 16°, 20° and 21°";
13° Paragraph 1^er20°, inserted by the Royal Decree of 25 April 1997, the words "children of the holders under 1° to 16°" are replaced by the words "children of the holders under 1° to 16° and 21°";
14° Paragraph 1^er, 21°, repealed by the Act of 23 March 2001, is reinstated in the following wording:
« 21° Members of religious communities. »;
15° In paragraph 2, replaced by the Act of 25 April 1997, the words "paragraph 1^er, 13° to 15°" are replaced by the words "paragraph 1^er13° to 15°, and 21°".
Art. 17. Section 33 of the Act, amended by Royal Decrees of 18 November 1996 and 25 April 1997 and by the Acts of 25 January 1999 and 9 July 2004, is repealed.
Art. 18. Section 34, paragraph 3, of the Act, inserted by the Act of 25 January 1999, is repealed.
Art. 19. Article 37 of the Act, amended by the Act of 20 December 1995, the Royal Decrees of 12 December 1996, 21 February 1997 and 16 April 1997, the Acts of 22 February 1998, 25 January 1999, 3 May 1999, 24 December 1999, 26 June 2000, 12 August 2000, 10 August 2001, 22 August 2002 and 24 December 2002, the Royal Decree of 8 April 2003, the Acts of 22 December 2003 and 27 April 2005, the Programme Law of 27 December 2005 and the Law of
1° Paragraph 1^er, paragraph 2, replaced by the Royal Decree of 16 April 1997 and amended by the Act of 24 December 1999, the words "paragraph 1^er, 7° to 11°, 16° and 20°" are replaced by the words "paragraph 1^er7° to 11° ter, 16° and 20°, »
2° In paragraph 19, inserted by the Royal Decree of 16 April 1997 and amended by the laws of 3 May 1999, 24 December 1999 and 30 December 2001, the Royal Decree of 8 April 2003 and the Law of 9 July 2004, the words "at sections 32 and 33" are replaced by the words "at section 32".
Art. 20. In article 44, § 3, of the same law, amended by the law of 20 December 1995, the royal decree of 16 April 1997 and the law 24 December 1999, the words "in articles 32, paragraph 1^er, 7° to 11°, 16° and 20°" are replaced by the words "at articles 32, paragraph 1^er, 7° to 11° ter, 16° and 20°,".
Art. 21. In Article 48, § 2, of the same law, amended by the Royal Decree of 16 April 1997 and the laws of 22 February 1998 and 24 December 1999, the words "in Articles 32, paragraph 1^er, 7° to 11°, 16° and 20°" are replaced by the words "at articles 32, paragraph 1^er, 7° to 11°ter, 16° and 20°,".
Art. 22. Section 118, paragraph 2, of the Act, as amended by the Act of 24 December 1999 and the Royal Decree of 18 October 2004, are amended as follows:
1° The words "in article 32, paragraph 1^er, 1° to 16° and 19° are replaced by the words "in article 32, paragraph 1^er1° to 16°, 19° and 21°";
2° The words "in article 32, paragraph 1^er, 1° to 12°" are replaced by the words "in article 32, paragraph 1^er1° to 16°, 19° and 21°";
3° The last sentence is deleted.
Art. 23. In section 121 of the Act, replaced by the Royal Decree of 25 April 1997, the words "in section 32, paragraph 1^er, 1° to 16° and 20° are replaced by the words "in article 32, paragraph 1^er1° to 16°, 20° and 21°".
Art. 24. In section 123 of the Act, replaced by the Royal Decree of 25 April 1997, the following amendments are made:
1° to paragraph 1^er, the words "whose value reaches a minimum amount fixed by the King" are replaced by the words "whose content is fixed by the King";
2° to paragraph 3, the words "by contributions reaching, pro rata temporis, the minimum amount referred to in paragraph 1^er are replaced by the words "by sufficient contributions".
Art. 25. In section 124 of the Act, replaced by the Royal Decree of April 25, 1997, the words "subsections 32 and 33" are replaced by the words "at section 32", and the words "under sections 32, 33 or 125" are replaced by the words "under sections 32 or 125".
Art. 26. In section 125 of the Act, replaced by the Royal Decree of 25 April 1997, the words "in section 32, paragraph 1^er, 7°, 11° and 16° are replaced by the words "in article 32, paragraph 1^er, 7°, 11° to 11°, and 16°".
Art. 27. Section 126 of the Act is replaced by the following provision:
"Art. 126. In the event of a challenge between holders on the question of where a child is to be registered as a dependant, the child is registered as a dependant of the older holder.
For holders who do not live under the same roof, the child is preferably registered as a dependant of the holder who lives with him. »
Art. 28. Article 174, paragraph I^er, 9°, of the same law, replaced by the law of 20 December 1995, the words "sections 33 and 125" are replaced by the words "sections 123 and 125".
Art. 29. A section 191 of the Act, replaced by the Royal Decree of 12 August 1994, the laws of 20 December 1995 and 26 July 1996, the Royal Decree of 25 April 1997, the laws of 22 February 1998, 25 January 1999, 4 May 1999, 24 December 1999, 12 August 2000, 10 August 2001, 2 August 2002, 22 August 2002, 8 December 2002, 8 April 2003, 22 December 2003, 7 May 2004, 9 July 2004, 25 November 2004, 27 December 2005 and 11 July 2005,
1° Paragraph 1^er, 3°, again inserted by the law of 22 December 2003 and amended by the laws of 27 December 2004 and 27 December 2005, the last paragraph is repealed;
2° Paragraph 1^er4°, again inserted by the Act of 22 December 2003, paragraph 2 is repealed;
3° Paragraph 1^er, 8°, paragraph 3, the words "as well as the portion intended for the financing of health care insurance and compensation for the plan of self-employed and the marine regime. are replaced by the words "as well as the portion for the financing of the self-employed plan benefits and the financing of health care insurance and marine plan benefits. »;
4° Paragraph 1^er10°, paragraph 3, the words "health care and" are deleted;
5° Paragraph 1^er, 17°, replaced by the Act of 24 December 1999, the following amendments are made:
- the words "in sections 146, 156 and 157" are replaced by the words "in section 146";
- the last sentence is deleted;
6° Paragraph 1^er18°, as amended by the Royal Decree of 25 April 1997, the last sentence is deleted;
7° Paragraph 1^er, 27°, paragraph 3, inserted by the law of 24 December 2002, the words "health care and" are deleted;
8° Paragraph 1^er, 28°, paragraph 1^er, inserted by the law of 22 December 2003, the last sentence is deleted.
Art. 30. In section 192 of the Act, replaced by the Royal Decree of 12 August 1994 and amended by the Act of 20 December 1995, the Royal Decree of 25 April 1997 and the Acts of 22 February 1998, 14 January 2002, 24 December 2002 and 22 December 2003, are amended as follows:
1° Paragraph 3, replaced by the Act of January 14, 2002, is replaced by the following paragraph:
"It distributes between the health care sector and the compensation sector, and in the latter sector, between the employee and self-employed regimes, the various resources referred to in section 191 that are allocated to them, respectively, and it deducts from the total amount of resources, taken into account in this section, of each sector and of each plan, the amount of its administrative expenses set out in the budget document referred to in section 12, 4° »;
2° In paragraph 4, the following amendments are made:
- at point 1°, (a), replaced by the Royal Decree of 25 April 1997, the words " referred to in Article 191, paragraph 1^er, 1°" are replaced by the words "subject to section 191, paragraph 1^er, 1° and 1°bis »;
- at point 2°, (a), replaced by the Royal Decree of 25 April 1997, the words " referred to in Article 191, paragraph 1^er, 1°" are replaced by the words "subject to section 191, paragraph 1^er, 1° and 1° bis".
Art. 31. Section 195 of the Act, amended by the Royal Decrees of 17 March 1997 and 25 April 1997 and the Acts of 22 February 1998, 25 January 1999, 24 December 1999, 22 August 2002, 27 December 2004 and 27 December 2005, are amended as follows:
1° § 1^er, 1° the words "are divided between regimes and sectors" are replaced by the words "are divided between sectors and, with respect to allowances, between plans";
2° In § 2, the last paragraph, the words "of the health care sector, the system of wage workers" are replaced by the words "of the health care sector".
Art. 32. In Article 198, §§ 2 and 3, of the same law, as amended by the Act of 20 December 1995, the words "of the regime" are deleted.
Art. 33. In section 200 of the Act, replaced by the Act of 22 February 1998 and amended by the Royal Decree of 17 September 2005, a paragraph 1bis is inserted, as follows:
« § 1^erbis. The King may set specific rules on the basis of which, as part of compulsory health care insurance, the 2006 and 2007 accounts are closed separately in both plans. »
Art. 34. In section 201 of the Act, replaced by the Royal Decree of 12 August 1994, the words "The Fixed General Council" are replaced by the words "The General Council fixes until the 2007 fiscal year inclusive."
Art. 35. In section 217 of the Act, as amended by the Acts of 22 February 1998, 14 January 2002 and 22 August 2002, the following amendments are made:
1° The first sentence is deleted;
2° In the second sentence, the words "The King also determines" are replaced by the words "The King determines".
Art. 36. The Royal Decree of 29 December 1997 on the conditions under which the application of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is extended to independent workers and members of religious communities, is repealed.
Art. 37. From 1^er January 2008, if under the rule of law, a beneficiary referred to in section 32 of the above-mentioned Act is entitled to an intervention of compulsory health care insurance, the beneficiary is entitled to the intervention of compulsory health care insurance for all benefits listed in section 34.
PART IV. - Amendments to the Act of 6 August 1990 on mutuality and national mutuality unions
Art. 38. Section 3bis, paragraph 2, of the Act of 6 August 1990 on mutuality and national mutuality unions, inserted by the Act of 22 December 2003, is replaced by the following provision:
"Accession to services referred to in paragraph 1^er may take courses as soon as possible:
1° for a person who was affiliated with the service referred to in section 3, paragraph 1^er, a), with a mutuality as a dependant and who registers as a holder with another mutuality, on the first day of the month following the signature of the application for affiliation;
2° in the case of an affiliation not referred to in 1°, with another mutuality, from the first day of the quarter of the coming into force of this affiliation. "
Art. 39. Section 3 ter of the Act, inserted by the Act of 22 December 2003, is replaced by the following provision:
"Art. 3ter. Coverage for services referred to in articles 3, paragraph 1^er, (b) and (c), and 7, § 2, shall remain guaranteed, provided that the member concerned is in the order of contributions:
1° in the case referred to in section 3bis, paragraph 2, 1°, until the end of the month in which the applicant signed his application for registration as a licensee with another mutuality;
2° for a person referred to in section 3bis, paragraph 2, 2°, until the end of the quarter preceding the entry into force of the affiliation with another mutuality. »
Art. 40. Article 27 bis, paragraph 1^er, of the same law, inserted by the law of February 22, 1998, the words "to the fiscal year 2007 included" are inserted between the words "State subsidies are granted" and the words "to national mutualities and unions of mutualities".
Art. 41. Article 60, paragraph 1^er, of the same Act, replaced by the Act of 12 August 2000 and amended by the Act of 2 August 2002, is replaced by the following paragraph:
"When the Board of the Supervisory Board finds that a national union or a mutuality that is affiliated to it does not act in accordance with its statutory objectives or does not comply with the obligations imposed by this Act or its enforcement orders or the accounting and financial provisions of the coordinated law of 14 July 1994, referred to above, or the orders made pursuant to these provisions, it may, by reasoned decision, decide below on the nature and gravity of the said
1° require the cessation of the wrongdoing and, where appropriate, the regularization of the situation within a time limit for which the period is fixed;
2° to make, at the expense of the national union, for the offence concerned, an administrative fine of 100 to 500 euros unless a specific fine is provided for in sections 60bis and 60ter;
3° appoint a special commissioner;
4° withdraw the approval of the service concerned. "
Art. 42. Section 60 bis of the Act, inserted by the Act of 12 August 2000, replaced by the Act of 2 August 2002 and amended by the Acts of 22 December 2003 and 27 December 2004, are amended as follows:
1° Paragraph 1^er is replaced by the following provision:
“An administrative fine of 50 euros to 250 euros can be pronounced:
1° by advantage granted in violation of the provisions of Article 43 quinquies;
2° for each payment made in violation of the provisions of Article 71quinquies. »;
2° In paragraph 5, the first paragraph shall be replaced by the following provision:
"1° in case of non-compliance with the decisions of the Board of the Board of Control which, pursuant to Article 11, §§ 2 and 3, refuse approval of the statutory provisions or their amendments, provided that the offence is not referred to in paragraph 6, 2°; »;
3° Paragraph 5 is supplemented as follows:
"9° for each offence committed under the provisions of section 71ter. »
Art. 43. Section 60 ter of the Act, inserted by the Act of 12 August 2000 and amended by the Act of 2 August 2002, is replaced by the following provision:
"When pursuant to Article 60, paragraph 1^er, the Board of the Supervisory Board shall grant a mutuality a period of time to terminate a wrongdoing or to regulate a situation, shall inform the national union to which it is affiliated. The trustee may decide to suspend the exercise of the competence of the mutuality bodies and to replace them for a specified period of time with a view to the termination or regularization requested.
When at the end of the said period, the mutuality or national union has not terminated the wrongdoing or has not proceeded with the required regularization, the national union shall be liable to an administrative fine of 12.50 to 125 euros per day, beginning on the day after the expiry of the aforementioned period and until the termination or full regulation. »
Art. 44. In the same Act, section 71, repealed by the Act of 22 December 2003, is reinstated in the following wording:
"Art. 71. The statutes of national mutualities and unions may no longer be amended with respect to the conditions of admission, resignation and exclusion of members of a service referred to in section 27bis except in order to comply with legal and regulatory provisions. »
Art. 45. An article 71bis, as follows, is inserted in the same law:
"Art. 71bis. By derogation from Article 15, § 3, the competence to adapt, in a period between two general assemblies, the contributions for a service referred to in Article 27bis organized by a mutuality or a national union is supposed to have been delegated by the General Assembly to the board of directors.
These assessment adjustments decided by the Board of Directors are subject to the application of section 11.
National mutualities and unions, however, cannot reduce contributions to the above-mentioned service.
National mutualities and unions may also not institute new categories of members for this service unless this institution is required by legal or regulatory provisions. »
Art. 46. An article 71ter, as follows, is inserted in the same law:
"Art. 71ter. On the advice of the Supervisory Board, the King determines, by order deliberately in the Council of Ministers, the manner in which and the extent to which a mutuality and national union may take into account the reserves of a service referred to in Article 27 bis in the evaluation of the financial balance of that service referred to in Article 11, § 2.
The mutuality or national union, which, as part of a recovery plan approved by the Supervisory Board for a service referred to in Article 27bis, uses a contribution of foreign funds to that service, may use the portion of the reserves of that service that exceeds the reserves to be established pursuant to Article 28, § 1^er, to retransfer the above-mentioned contribution, but not jeopardize the financial balance of this service. »
Art. 47. An article 71quater, as follows, is inserted in the same law:
"Art. 71quater. The services referred to in Article 27bis organized by the mutualities and national unions are dissolved in full right from 1^er January 2008.
The accounts of the services referred to in section 27 bis that are disbanded in full law pursuant to paragraph 1^er are permanently closed on 31 December 2008. The King may set, on the advice of the Supervisory Board, specific assessment and imputation rules that are applicable to the said services after December 31, 2007, as well as the procedure for the approval of the final accounts of those services. »
Art. 48. An article 71quinquies, as follows, is inserted in the same law:
"Art. 71quinquies. § 1^er. By derogation from articles 46, § 4 and 48, §§ 1^er, and 2, paragraph 3, the general assembly of a mutuality or a national union whose service referred to in article 27bis is dissolved in a voluntary or full-right manner, taking into account the provisions set out in paragraphs 2 to 4 inclusive, the accounting reserves, reserve funds and any residual assets of that service.
This decision of the General Assembly is subject to the application of articles 10, 11 and 12, § 1^erParagraph 3.
§ 2. The distribution of the accounting reserves, reserve funds and any residual assets of a service referred to in section 27bis shall be carried out between the persons who have been, from the day of the coming into force of this provision until the date on which the reimbursement of the benefits concerned is integrated, with respect to them, in the compulsory health care insurance, of the independent workers, in an uninterrupted manner members of such a service.
§ 3. The distribution referred to in § 2 shall operate in a manner proportional to the duration of the affiliation to the service concerned.
When a person has been, during the period referred to in § 2, in a sequence and without interruption of the coverage, a member of such a service in different national mutualities or unions, each national union or mutuality concerned shall proceed to the distribution taking into account the duration of affiliation of that person to the service that it organizes.
For determination of the duration of affiliation referred to in paragraphs 1^er and 2, it is taken into account, for persons who have become members of this service following a merger referred to in Article 44, § 1^erthe period during which they were members of the service referred to in section 27bis organized by one of the entities that merged.
§ 4. This distribution consists of the granting of a sum of money in two payments by the mutuality or national union referred to in § 1^er, within the time limit set by the King on the advice of the Supervisory Board, after a communication addressed to the persons in question whose content is arrested by the Minister.
A first payment is made, in advance, on the distribution referred to in § 1^erno later than December 31, 2008.
The King shall determine, on the advice of the Supervisory Board, the method of calculating this advance.
The second payment is made no later than December 31, 2009. »
Art. 49. An article 71sexies, as follows, is inserted in the same law:
"Art. 71sexies. The Supervisory Board determines how a mutuality or national union must:
1° support a possible cumulative mali existing on the date of the final closing of the accounts of a service referred to in section 27bis;
2° assign products that relate to this service and that are realized after the final closing of the accounts of the service;
3° to take charge of the expenses that relate to this service and that are borne after the date of the final closing of the accounts of that service in such a way that the reimbursement to the members of the benefits granted under this service is guaranteed, however, taking into account the limitation periods referred to in section 48bis. »
Art. 50. Section 71s, as follows, is inserted in the same law:
"Art. 71ssepties. In the event of a withdrawal of the service referred to in section 27bis organized by a mutuality or national union, section 71 quinquies is applicable. »
PART V. - Abrogatory provision
Art. 51. Article 111, paragraph 1^er, 5°, of the Act of 30 December 1992 on social and various provisions, the words ", especially in the area of disability insurance, the health-care sector-small risks" are deleted.
PART VI. - Provisions relating to entry into force
Art. 52. § 1^er. Title II comes into force on 1^er January 2008.
§ 2. Title III comes into force on 1^er January 2008, with the exception of section 33 which produces its effects on 1^er July 2006.
§ 3. Sections 44, 48 and 50 of this Act come into force on the day this Act is published in the Belgian Monitor.
Sections 38 and 39 of this Act come into force on 1^er January 2008.
§ 4. Title V comes into force on 1^er January 2008.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 March 2007.
ALBERT
By the King:
Minister of Social Affairs,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
Documents of the House of Representatives:
51-2764 - 2006/2007:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commissions.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report. - 18 January 2007.
Documents of the Senate:
3-2025 - 2006/2007:
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.
Annales of the Senate. - 15 February 2007.