1^er AVRIL 2003. - An Act to implement the Inter-Professional Agreement for the period 2003-2004 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions relating to risk groups and youth to which a course of insertion applies
Section 1^rere. - Effort in favour of persons belonging to risk groups or to whom a course of insertion applies
Art. 2. This section applies to employers subject to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers or the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine.
Art. 3. The employers referred to in Article 2 are liable, for the years 2003 and 2004, for a contribution of 0.10 calculated on the basis of the overall salary of workers employed by a contract within the meaning of the Act of 3 July 1978 on contracts of employment as provided for in Article 23 of the Act of 29 June 1981 establishing the general principles of social security of employed workers and the decrees of enforcement of that law.
The King may determine the categories of employers that He completely or partially subtracts from the scope of this section.
The effort referred to in paragraph 1^er is intended for persons belonging to risk groups or to whom a course of insertion applies.
The concept of risk groups is provided for in the collective agreement referred to in Article 4.
Art. 4. § 1^er. The effort referred to in Article 3 is implemented by means of a new collective labour agreement or an extended collective labour agreement, concluded for a company or group of businesses, for 2003 and 2004.
§ 2. The collective agreement referred to in § 1^er must be concluded in accordance with the Act of 5 December 1968 on collective labour agreements and joint commissions.
The collective labour agreement must be filed at the Registry of the Federal Public Service Employment, Labour and Social Concertation Administration by 1^er July of the year to which it relates or another date determined by the King. It must explicitly mention that it is concluded under this section.
§ 3. Parties that have signed the collective agreement shall file an annual assessment report and financial overview of the performance of the collective agreement referred to in § 1^er at the office of the Federal Public Service Staff Relations Administration Employment, Labour and Social Concertation no later than 1^er July of the year following the year to which the collective agreement applies. The terms and conditions to be met by the assessment report and the financial overview may be determined by the King. These evaluation reports are forwarded to the House of Representatives.
Art. 5. § 1^er. Employers who are not covered or covered for only a part of their workers by a collective labour agreement referred to in Article 4, § 1^er, are required to pay the contribution of 0.10 per cent referred to in Article 3 for the part of their workers who are not covered by such a collective labour agreement.
Derogation from the provisions of paragraph 1^er, the contribution of 0.10 % is not due for the 1^er and 2nd quarters 2003 and contribution for the 3^e and 4^e 2003 quarters are set at 0.20%.
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of it to a special account of the Employment Fund created within the Federal Public Service Employment, Labour and Social Concertation, pursuant to article 4 of Royal Decree No. 181 of 30 December 1982 creating a Fund for the use of additional salary moderation for employment.
This contribution is considered to be a social security contribution, particularly with regard to declarations with justification of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, legal procedure limitation, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Section 2. - Accompaniment of young people who benefit from the course of insertion
Art. 6. § 1^er. Employers to whom the above-mentioned Act of 27 June 1969 or the aforementioned Decree-Law of 7 February 1945 apply are liable for the period of 1^er January 2003 to December 31, 2004, a contribution of 0.05%, calculated on the basis of the overall salary of workers employed by a contract within the meaning of the Act of July 3, 1978 on the employment contract, as provided for in section 23 of the Act of June 29, 1981 referred to above.
Derogation from the provisions of paragraph 1^er, this contribution is not due for the 1^er and 2^e 2003 and the contribution for the 3^e and 4^e quarters 2003 is 0.10 per cent.
The King may completely or partially subtract the categories that He determines from the scope of this section.
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of it to a special account of the Employment Fund created within the Federal Public Service Employment, Labour and Social Concertation, pursuant to article 4 of Royal Decree No. 181 of 30 December 1982 referred to above.
These contributions are assimilated to a social security contribution, in particular with regard to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, monitoring, designation of the competent judge in the event of a dispute, limitation in judicial proceedings, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Art. 7. § 1^er. The proceeds of contributions referred to in Article 6, § 1^er, is assigned to the support of young people to whom a course of insertion applies.
§ 2. The means available to and from 31 December 2002 to the Employment Fund and, on the one hand, from the balance of the means referred to in Article 6, § 2, of the Royal Decree of 27 January 1997 containing measures for the promotion of employment pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the preventive safeguarding of competitiveness, and of the means resulting from the implementation of Article 20^erthe Act of 3 April 1995 on measures to promote employment and Article 6, § 1^er, of the royal decree of 27 January 1997 mentioned above, and on the other hand, of the contributions which, from 1^er January 2003, is due under Article 5, and is used for the promotion and supervision of the apprenticeship of occupations carried out by employed workers as well as for federal departments responsible for the control, monitoring and supervision of the course of insertion.
Art. 8. The King shall determine by order deliberately in the Council of Ministers:
1° in favour of which young people, in which cases, under what conditions and in what manner the contributions referred to in Article 6, § 1^er, are assigned to the support of young people to whom a course of insertion applies. The King may provide for the award of advances to which II determines the amount;
2° for the support of young people to whom a course of insertion applies, the modalities for the distribution of the proceeds of the contributions referred to in Article 6, § 1^er;
3° any other measures necessary to guarantee the execution of this section.
CHAPTER III. - First Employment Convention
Art. 9. In section 23, of the Act of 24 December 1999 for the promotion of employment, the following amendments are made:
1° § 1^eras amended by the Program (I) Act of 24 December 2002, is supplemented as follows:
"4° any person of foreign origin who, on the eve of his or her commitment:
(a) is a job seeker;
(b) is under the age of thirty years;
5° any person of foreign origin replacing a worker with a pre-pension who, on the eve of his or her commitment:
(a) is a job seeker;
(b) is under the age of thirty years;
6° any person with a disability who, on the eve of his or her commitment:
(a) is a job seeker;
(b) is less than thirty years old. »;
2° 1^erbis, as follows, is inserted:
« § 1^erbis. For the application of § 1^er, 4° and 5°, means a person of foreign origin, a person who does not have the nationality of a State that is a member of the European Union or a person of which at least one of the parents does not have that nationality or does not have that nationality on the date of his or her death or a person of whom at least two of the grandparents did not possess that nationality or did not have that nationality on the date of his or her death. The young person can prove that he meets this definition by law, including the statement on honour.
For the application of § 1^er, 6°, one hears by person with disabilities, the person who is registered as such in the "Vlaams Fonds voor Sociale Integratie van Personen met een Handicap" or "the Walloon Agency for the Integration of Persons with Disabilities" or the "Bruxello Behindis Service of Persons with Disabilities" or the "Dienststelle des Deutschsprachigen Gemewift für Personen mit »
Art. 10. Section 31, § 2, paragraph 2, of the Act is replaced by the following paragraph:
"To be occupied in the ties of a first-time agreement, the young person referred to in Article 23, § 1^er, 2°, 3°, 4°, 5° or 6°, communicates to the employer a certificate from the agency or service, depending on the communities or regions, which is competent in the area of placement, stating that it is registered as an applicant for employment. »
Art. 11. Article 42, § 1^er, 1°, of the same law, as amended by the law of 5 September 2001, is replaced by the following:
"1° these private employers are bound by a collective labour agreement referred to in section 4 of the law of 1^er April 2003 implementing the inter-professional agreement for the period 2003-2004, which provides for an effort of at least 0.15 per cent for the period of 1^er January 2003 to 31 December 2004; "
CHAPTER IV. - Prepension
Section 1^re. - Full-time prepension
Art. 12. Article 110, § 1^erParagraph 1^erof the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and bringing various provisions, as amended by the Act of 10 August 2001, the words "in the period of 1^er January 2001 to December 31, 2002 are replaced by the words "in the period of 1^er January 2003 to December 31, 2004".
Section 2. - Half-time prepension
Art. 13. Article 112, paragraph 1^erof the same law, as amended by the Act of 10 August 2001, the words "for the period of 1^er January 2001 to December 31, 2002 are replaced by the words "for the period from January 2003 to December 31, 2004".
Art. 14. § 1^er. Article 1^er of the Royal Decree of 27 January 1997 on measures relating to the half-time prepension pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, as amended by the Law of 26 March 1999 and by the Law of 10 August 2001, the words "for the period of 1^er January 2001 to December 31, 2002 are replaced by the words "for the period of 1^er January 2003 to December 31, 2004".
§ 2. In section 4 of the same order, as amended by the Act of 10 August 2001, the words "June 30, 2000" are replaced by the words "June 30, 2002".
§ 3. In section 5 of the same order, as amended by the Act of 10 August 2001, the words "31 December 2002" are replaced by the words "31 December 2004".
CHAPTER V. - Contributions and deductions on additional benefits
Art. 15. Article 268, § 1^er, of the programme law of 22 December 1989, amended by the laws of 20 July 1991, 30 March 1994 and 3 April 1995 and by the Royal Decree of 21 March 1997 confirmed by the law of 26 June 1997, as well as by the Royal Decree of 11 December 2001 confirmed by the law of 26 June 2002, is replaced by the following provision:
« § 1^er. A special assessment shall be made by the employer in the amount of EUR 24.80 per month for any treaty prepension granted under either a collective agreement or a collective agreement, deposited at the office of the Federal Public Service Labour Relations Office, Employment, Labour and Social Concertation, after September 30, 1989, as part of the legislation on conventional prepension referred to in section 132 of the Act.^er August 1985 containing social provisions.
Is assimilated to the conventional prepension referred to in paragraph 1^erunder the conditions and under the terms and conditions determined by the King, by order deliberately in the Council of Ministers, compensation, which may amount to a total of 7,436.80 EUR at least independently of its periodic or non-periodal payment, which is granted directly or indirectly by the employer to the former worker who perceives, or could have, if he had not taken up the job with another employer, to receive compensation For the determination of the amount of this allowance, the maximum benefit that the worker could benefit from, without requiring that the conditions for the benefit of that maximum benefit be met.
With respect to the allowance referred to in the preceding paragraph, the employer's special dependant assessment referred to in paragraph 1^er, is not due, where the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement entered into at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement.
The King shall determine, by order deliberately in the Council of Ministers, the date on which the monthly special contribution may be collected, as well as its amount, the terms and conditions of payment and, with respect to the allowance referred to in paragraph 2, the specific rules and procedures in respect of the calculation and collection of the special employer contribution referred to in paragraph 1^eras well as the terms and conditions for payment of the special contribution when the supplementary allowance is due by several debtors, and the specific terms and conditions for allowances that are not paid periodically. II may also amend, by order deliberately in the Council of Ministers, the amounts referred to in paragraphs 1^er and 2. »
Art. 16. Article 141, § 1^erthe Act of 29 December 1990 on social provisions is replaced by the following provision:
« § 1^er. It is established a monthly special dependant assessment of the employer, intended for the employment and unemployment plan, for any treaty prepension granted under either a collective labour agreement or a collective agreement under the treaty prepension legislation referred to in section 132 of the Act of 1^er August 1985 containing social provisions.
The amount of the monthly special contribution referred to in paragraph 1^eris fixed to:
1° 24,80 EUR for workers who are prepensioned at the age of 60 at least, pursuant to the collective labour agreement establishing a supplementary compensation scheme in the event of termination for certain older workers, entered into at the National Labour Council on 19 December 1974;
2° 74,40 EUR for workers who are prepensioned in companies that have been recognized by the Minister of Employment and Labour as being in restructuring within the meaning of the legislation on conventional prepension, whose age of prepension is at least 52 years, while being below the normal age for prepension in the sector;
EUR 3° 111.55 for workers placed on board in companies subject to 2°, whose age of prepension is less than 52 years;
4° 49,60 EUR for workers who are not subject to 1° to 3°.
The amounts referred to in paragraph 2, 1° and 4° are due only in the head of the forewarrants to which the leave was notified after 31 August 1990 and whose foreseeance takes place after 31 December 1990.
The amounts referred to in paragraph 2, 2° and 3° are due only in the head of the forewarrants to which the leave was notified after 31 August 1990 and whose prepension took place after 31 December 1990, provided that they were occupied by a company that was recognized after 31 December 1990 by the Minister of Employment and Labour as being in restructuring within the meaning of the law on conventional prepension.
Is assimilated to the conventional prepension referred to in paragraph 1^erunder the conditions and under the terms and conditions determined by the King, by order deliberately in the Council of Ministers, compensation, which may amount to a total of 7,436.80 EUR at least independently of its periodic or non-periodal payment, which is granted directly or indirectly by the employer to the former worker who perceives, or could have, if he had not taken up the job with another employer, to receive compensation For the determination of the amount of this allowance, the maximum benefit that the worker could benefit from, without requiring that the conditions for the benefit of that maximum benefit be met. The monthly special fee is EUR 111.55 for the allowance referred to in this paragraph.
With respect to the allowance referred to in the preceding paragraph, the employer's special dependant assessment referred to in paragraph 1^er, is not due, where the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement entered into at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement.
The King shall determine, by order deliberately in the Council of Ministers, the date on which the monthly special contribution may be collected, as well as its amount, the terms and conditions of payment and, with respect to the allowance referred to in paragraph 5, the specific rules and procedures in respect of the calculation and collection of the special employer contribution referred to in paragraph 1^eras well as the terms and conditions for payment of the special contribution when the supplementary allowance is due by several debtors, and the specific terms and conditions for allowances that are not paid periodically. It may also amend, by order deliberately in the Council of Ministers, the amounts referred to in paragraphs 2 and 5. »
Art. 17. Section 143 of the Act, amended by the Royal Decree of 21 March 1997 and confirmed by the Act of 26 June 1997, is repealed.
Art. 18. Article 1^er of Royal Decree No. 33 of 30 March 1982 on a Deduction on Disability Allowances and Prepensions, inserted by the Royal Decree of 21 March 1997 confirmed by the Law of 26 June 1997, and amended by the Royal Decree of 11 December 2001 confirmed by the Law of 26 June 2002, is replaced by the following provision:
“Article 1^er. A deduction of 3.5 p.c. is made:
1° on disability benefits granted under:
(a) the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994;
(b) the Royal Decree of 24 October 1936 amending and coordinating the statutes of the Emergency and Provident Fund for Mariners under Belgian flag;
2° on the prepension granted under chapter III, section 2, of the Act of 22 December 1977 on budget proposals 1977-1978;
3° on conventional prepension including half-time prepension, the first part of which is an unemployment benefit and the supplementary allowance is paid either by the employer or by the Living Security Fund of which the employer reports, or by the Workers Allowance Fund terminated in the event of business closure;
4° on the increased unemployment benefit of the allowance, which may amount to a total of EUR 7,436.80, at least independently of its periodic or non-periodal payment, which is granted directly or indirectly by the employer to the former worker who receives, or could have, if he had not taken over the work of another employer, received unemployment benefits as a complete unemployed worker, to the extent that this compensation was not considered to have been paid by another employer. For the determination of the amount of this allowance, consideration shall be given to the maximum benefit the worker could have benefited, without the requirement that the conditions for the benefit of that maximum benefit be met. Without prejudice to the possibility of derogation provided for in paragraph 3, this allowance shall, for the purposes of this order, be assimilated to the conventional costs referred to in paragraph 3;
5° on the unemployment benefit plus a supplementary allowance granted pursuant to the Royal Decree of 19 September 1980 on the right to unemployment benefits and the supplementary allowances of elderly border workers dismissed or unemployed.
This deduction may not have the effect of reducing the amount of social benefits referred to in paragraph 1^er, 1°, 2°, 3° and 5°, at an amount less than 938,52 EUR per month, increased by EUR 191.97 for beneficiaries with dependency. These basic amounts are related to the pevot index 103.14 (base 1996 = 100). They adapt in accordance with the provisions of the Act of 2 August 1971 organizing a linkage regime to the index of prices to the consumption of salaries, wages, pensions, allowances and subsidies of the public treasury, certain social benefits, the limits of pay to be taken into account in calculating certain social security contributions of workers, as well as social obligations imposed on independent workers.
The King shall determine, with respect to the allowance referred to in paragraph 1^er, 4°, by deliberate order in the Council of Ministers, the specific rules and procedures for the calculation and collection of the deduction referred to in paragraph 1^er. It may also, by deliberate order in the Council of Ministers, amend the amounts referred to in paragraph 1^erand, in derogation from the preceding paragraph and under the conditions and terms and conditions that it determines, provide for a non-recurrent worker's dependant replacement contribution, to be retained by the employer.
For allowances referred to in paragraph 1^er1°, the floor referred to in the preceding paragraph is fixed per day; for this purpose, the above amounts are divided by 26.
The deduction shall be made by the debtor of the aforementioned social allowances to each payment of the social allowances; the debtor is civilly responsible for this deduction.
In respect of the allowance referred to in paragraph 1^er, 4°, the deduction is not due when the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement concluded at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement. »
Art. 19. Article 50, § 1^er, of the Act of 30 March 1994 on social provisions, amended by the Royal Decree of 19 November 1996 confirmed by the Act of 13 June 1997 and the Royal Decree of 21 March 1997 confirmed by the Act of 26 June 1997 and amended by the Act of 30 December 2001, is replaced by the following provision:
« § 1^er. On the following allowances and allowances, a deduction is made in the amount of:
1° 1% on the amount of conventional prepension, including half-time prepension, the first part of which is a unemployment benefit and the supplementary allowance is paid either by the employer or by a designated body for that purpose;
3% on the conventional full-time prepension for those whose conventional full-time prepension takes place after 31 December 1996 and who were informed of their dismissal after 31 October 1996, unless these workers were fired under section III of the Royal Decree of 7 December 1992 on the granting of unemployment benefits in the event of conventional prepension as long as the recognition as a company^er November 1996;
2° 1% on the unemployment benefit plus a supplementary allowance granted pursuant to the Royal Decree of 19 September 1980 on the right to unemployment benefits and supplementary allowances of elderly border workers dismissed or put in full unemployment;
3° 3% on the increased unemployment benefit of the allowance, which may amount to a total of EUR 7,436.80, at least independently of its periodic or non-periodal payment, which is granted directly or indirectly by the employer to the former worker who receives, or could have, if he had not taken over the work of another employer, receive unemployment benefits as much as the total unemployed, 1965 for For the determination of the amount of this allowance, consideration shall be given to the maximum benefit the worker could have benefited, without the requirement that the conditions for the benefit of that maximum benefit be met.
This deduction, combined with the 3.5 p.c. deduction referred to in Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability benefits and pre-expenditures, may not have the effect of reducing the amount of the above-mentioned social allowances to less than EUR 938.50 per month, increased by EUR 191.94 for those who are dependent on the family.
The King shall determine, with respect to the allowance referred to in paragraph 1^er, 3°, by deliberate order in the Council of Ministers, the specific rules and procedures for the calculation and collection of the deduction referred to in paragraph 1^er. It may also, in derogation from the preceding paragraph and under the conditions and terms and conditions that it determines, provide for a non-recurrent worker's dependant replacement contribution, to be retained by the employer. This replacement contribution is equivalent to a social security contribution, in particular with respect to the declaration with justification of the contribution, the payment period, the application of civil sanctions and criminal provisions, the control, the designation of the competent judge in the event of a dispute, the limitation in respect of legal actions, the privilege and the disclosure of the amount of the debt of the body responsible for the collection and collection of contributions. The proceeds of this contribution are transferred by the National Social Security Office to a special account of the National Employment Office.
The King shall determine by order deliberately in the Council of Ministers the terms and conditions for indexing the amounts referred to in paragraph 1^er, as well as the terms and conditions for the revalorization of the gross monthly pay limit and the supplementary allowance, and the specific terms and conditions for allowances that are not paid periodically. It may also, by deliberate order in the Council of Ministers, amend the amounts referred to in paragraph 1^er.
The deduction is calculated on the total amount of allowances and allowances referred to in paragraph 1^er, 1°, 2° or 3°. Without prejudice to the possibility provided for in the preceding paragraph of the King's derogation, the deduction is made by the National Employment Office on the amount of the unemployment benefit.
In respect of the allowance referred to in paragraph 1^er, 3°, the deduction is not due when the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement concluded at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement. »
Art. 20. Article 67, § 1^erthe Act of 21 December 1994 on social and other provisions, as amended by the Royal Decree of 19 November 1996, as confirmed by the Act of 13 June 1997, by the Royal Decree of 21 March 1997, as confirmed by the Act of 26 June 1997 and by the Act of 30 December 2001, is replaced by the following provision:
« § 1^er. On the following allowances and allowances, a deduction is made in the amount of:
1.4.5% on the amount of conventional prepension, including half-time prepension, the first part of which is an unemployment benefit and the supplementary allowance is paid either by the employer or by a designated body for that purpose;
6.5% on the conventional full-time prepension for workers whose conventional full-time prepension takes place after 31 December 1996 and who have been informed of their termination after 31 October 1996, unless these workers are terminated pursuant to Section III of the Royal Decree of 7 December 1992 on the granting of unemployment allowances in the event of conventional prepension, provided that the recognition as a company^er November 1996,
2.5% on the unemployment benefit plus a supplementary allowance granted pursuant to the Royal Decree of 19 September 1980 on the right to unemployment benefits and supplementary allowances of elderly workers dismissed or unemployed;
3° 6.5% on the increased unemployment benefit of the allowance, which may amount to a total of EUR 7,436.80, regardless of its periodic or non-periodal payment, which is granted directly or indirectly by the employer to the former worker who receives, or could have, if he had not taken over the work of another employer, receive unemployment benefits as much as the full unemployed worker 1965 For the determination of the amount of this allowance, consideration shall be given to the maximum benefit the worker could have benefited, without the requirement that the conditions for the benefit of that maximum benefit be met.
This deduction may not have the effect of reducing the amount of the above-mentioned social allowances to less than EUR 938.50 per month, increased by EUR 191.94 for the beneficiaries in charge of the family.
The King shall determine, by order deliberately in the Council of Ministers, the terms and conditions for indexing the amounts referred to in paragraph 1^er, as well as the terms and conditions for the revalorization of the gross monthly pay limit and the supplementary allowance, and the specific terms and conditions for allowances that are not paid periodically. It may also, by deliberate order in the Council of Ministers, amend the amounts referred to in paragraph 1^er.
The Panel determines, with respect to the allowance referred to in paragraph 1^er, 3°, by order deliberately in the Council of Ministers the specific rules and procedures for the calculation and collection of the deduction referred to in paragraph 1^er. It may also, in derogation from the preceding paragraph and under the conditions and terms and conditions that it determines, provide for a non-recurrent worker's dependant replacement contribution.
In respect of the allowance referred to in paragraph 1^er, 3°, the deduction is not due when the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement concluded at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement.
The deduction is calculated on the total of the allowances and allowances referred to in paragraph 1^er, 1°, 2° or 3°, and is carried out by the debtor of the supplementary allowance on the amount of this supplementary allowance. The amount is paid to the National Social Security Office. From the total of the amounts retained as received, this office pays 7/9 to the National Pension Board and 2/9 to the National Employment Board. »
Art. 21. Article 11, § 1^erthe Act of 3 April 1995 on measures to promote employment is supplemented as follows:
"is assimilated to the conventional prepension referred to in paragraph 1^erunder the conditions and under the terms and conditions determined by the King, by order deliberately in the Council of Ministers, the allowance, which may amount to a total of EUR 7,436.80, irrespective of its periodic or non-period payment, which is granted directly or indirectly by the employer to the former worker who perceives, or could have, if he had not taken up the work with another employer, to receive compensation For the determination of the amount of this allowance, consideration shall be given to the maximum benefit the worker could have benefited, without the requirement that the conditions for the benefit of that maximum benefit be met.
The contribution referred to in paragraph 1^er, is not due when the supplement assimilated to the conventional prepension referred to in paragraph 2 was granted on the basis of a collective labour agreement entered into at the sectoral level and filed before 1^er July 2002, or on the basis of the uninterrupted extension of such an agreement, and when the former worker has a minimum 40-year career, calculated according to the rules set out in the collective agreement.
The King shall determine, by order deliberately in the Council of Ministers, the specific terms for allowances that are not paid periodically. »
Art. 22. With respect to the supplementary allowances that are, pursuant to this chapter, similar to the conventional prepension, this chapter applies only to benefits that are awarded the first time after the effective date of this chapter.
CHAPTER VI. - Amendments to the Programme Law (I)
of 24 December 2002
Art. 23. In section 374 of the Program (I) Act of 24 December 2002, the words "with the exception of section 373 which comes into force on 1^er January 2003 is replaced by the words "with the exception of sections 355, 360, 361 and 373 that come into force on 1^er January 2003".
CHAPTER VII. - Entry into force
Art. 24. This Act produces its effects on 1^er January 2003, except Chapters III and V that come into force on the date fixed by the King.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1^er April 2003.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Minister of Social Affairs,
F. VANDENBROUCKE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2002-2003.
House of Representatives.
Documents. - Bill No. 50-2280/1. - Amendments, number 50. - 2280/2. - Report, number 50-2280/3. - Text adopted by the commission, no. 50-2280/4. - Text adopted in plenary and transmitted to the Senate, No. 50-2280/5.
Annales parliamentarians. - Discussion. Session of February 27, 2003. - Vote. Session of 27 February 2003.
Senate.
Project not referred to by the Senate, No. 2-1514/1.