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6 FEBRUARY 2003. - Act respecting voluntary resignation accompanied by a personalized program of professional conversion for the benefit of certain members and bearing social provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act:
1° "professional conversion": the fact, for some military personnel leaving the active framework through voluntary resignation, to seek employment with a new employer or to develop a professional activity as an independent, with the assistance of the services and guidance advice provided individually or in a group by a third party, referred to as "professional conversion office", at the request of the Ministry of National Defence;
2° "Professional Reversion Office": the natural person, the private or public legal entity or the public law institution or agency that provides support to the professional reversion, selected under the Public Procurement Act of 24 December 1993 and to certain contracts of work, supplies and services.
Art. 3. This Act is applicable only to career or complementary military personnel who meet the conditions set out in section 4.
Art. 4. In order to benefit from professional conversion, the member referred to in Article 3 must:
1° having filed an application for resignation with a personalized program of professional conversion;
2° be in active service at the time of its application, without mobility or use, and without being at the disposal of either the federal police or a public service, and without occupying a function whose remuneration is not borne by the budget of the Ministry of National Defence;
3° having completed at least fifteen years of active service as a member or military candidate of the active, unsuccessful framework, excluding any bonus;
4° shall not be in a performance period referred to in Article 3 of the Act of 16 March 2000 relating to the resignation of certain military personnel and to the termination of the undertaking or re-engagement of certain military candidates, to the establishment of the period of return and to the recovery by the State of part of the costs granted by the State for the formation and part of the treatment received during the training;
5° be, on the date on which the orientation phase referred to in section 8 takes place:
(a) more than five years from the normal retirement date, for general and superior officers, non-commissioned officers and volunteers;
(b) more than one year from the normal retirement date for junior officers;
6° having been in active service in a unit or service of Belgian forces in the Federal Republic of Germany before 1^er June 2001;
7° having its main residence located in the territory of the Federal Republic of Germany, according to the criteria fixed by the King.
Art. 5. The resignation with a personalized program of professional conversion is assimilated to an accepted resignation.
Art. 6. The program of professional conversion consists of three successive phases that constitute a session of professional conversion: the phases of information, orientation and reclassification.
The authority designated by the King sets the annual number of professional conversion sessions and the start date of each session.
Art. 7. The information phase includes the following activities, in the following order:
1° a collective information session, following which members are invited to participate in the evaluation referred to in 2°;
2° an individual assessment, organized by the professional reclassification office, in order to allow the military to appreciate their motivation and their chances of finding work, following which they can apply for resignation with a personalized program of professional conversion.
The information phase begins on the day of the information session referred to in paragraph 1^er, 1°, and lasts a month.
The application referred to in paragraph 1^er, 2°, must be introduced before the end of the information phase.
The Minister of Defence shall, according to the criteria established by the King, decide on the determination of the principal residence of the member referred to in section 4, 7°, and notify him of his decision no later than one month after the introduction of the application referred to in paragraph 1^erTwo.
Art. 8. The orientation phase includes activities organized by the professional conversion office in order to assess the military's capabilities and possibilities for professional conversion.
The orientation phase begins on the first business day of the month following the date of notification to the member of the acceptance of the application referred to in Article 7, paragraph 4.
The orientation phase lasts from one to three months. The concrete duration is fixed by the King.
The orientation phase ends in one of the following cases:
1° as soon as the member enters a new professional activity, except this one is carried out in conjunction with the activities of professional conversion;
2° as soon as the member requests that his resignation have effect immediately;
3° as soon as the member abandons the resignation with a personalized program of professional conversion;
4° the transition to the reclassification phase referred to in Article 9.
The member who interrupted the orientation phase by waiving the resignation referred to in paragraph 4, 3°, may only introduce a new application for resignation with a professional conversion, as a new session is scheduled.
Orientation leave is automatically granted to the member at the beginning of the orientation phase and automatically ends at the end of this phase.
Art. 9. § 1^er. The reclassification phase includes activities organized by the professional conversion office to assist the member in his search for a new professional activity.
§ 2. The reclassification phase starts automatically at the end of the orientation phase.
§ 3. From that date, acceptance of the resignation application referred to in section 7, paragraph 4, is irrevocable.
§ 4. The maximum duration of the reclassification phase is between five and twenty-three months. The concrete duration is fixed by the King.
However, in the event of a lack of health for a period of more than three months or for social reasons of exceptional character, the Minister of Defence may, by reason of decision:
1° extend the reclassification phase of a period equal to the duration of the absence for health reasons, with a maximum of six months;
2° cancel the resignation.
§ 5. The reclassification phase ends in one of the following cases:
1° as soon as the member enters a new professional activity unless it is carried out in conjunction with the activities of professional conversion;
2° as soon as the member requests that his resignation have effect immediately;
3° at the end of the period specified in § 4, paragraph 1^er, possibly extended the duration referred to in § 4, paragraph 2, 1°;
4° on the date of the cancellation of the resignation referred to in § 4, paragraph 2, 2°.
§ 6. Reclassification is automatically granted to the member at the beginning of the reclassification phase and is automatically completed at the end of this phase.
Art. 10. The resignation accompanied by a reclassification takes effect on the date on which the programme of professional conversion ends in the cases referred to in article 8, paragraph 4, 1 and 2 and article 9, § 5, 1°, 2° and 3°.
Art. 11. The professional conversion program automatically ends without notice:
1° when the war period is decreed;
2° when mobilization is decreed.
Art. 12. A member who leaves the active part by resigning accompanied by a professional conversion shall receive a reclassification premium, the amount and terms of payment shall be fixed by the King.
Art. 13. The provisions of the Act of 16 May 2001 relating to the status of the military members of the Armed Forces Reserve Framework are applicable to the member who has left the active position by way of the resignation accompanied by a professional conversion.
Art. 14. The provisions of sections 14 to 18 are applicable to any member who is made to civil life on any ground and who, as a result of his status, is not subject to the provisions of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of employed workers, insofar as they relate to the employment and unemployment regime as well as the compulsory insurance sector against illness and disability.
However, these provisions are not applicable:
1° to members who, by virtue of their status, have attained the age limit or have been demitted from office of employment with an immediate right to a pension, provided that the annual amount of the pension is at least the principal amount of 300 days of unemployment, increased by 40%;
2° to the members of the reserve framework who make recalls or benefits under, as the case may be, articles 62 and 63, § 1^erof the law of 1^er March 1958 relating to the status of career officers and reserve officers of the armed forces, articles 10 and 11, § 1^erthe Act of 18 February 1987 relating to the status of non-commissioned officers of the armed forces, namely articles 34, 38, 39 and 71, of the Act of 16 May 2001 establishing the status of military personnel of the reserve framework of the armed forces;
3° to the soldiers who, pursuant to the laws of the militia, carry out their term of active service or a scheduled reminder and those who are held under the arms;
4° to students of civil origin of the preparatory division of the Royal Military School.
Art. 15. Without prejudice to the rights that they may possibly claim under a more favourable social security regime, the soldiers referred to in section 14 are considered to have been subject to the provisions of the Act of 27 June 1969, without interruption, in that they relate to the employment and unemployment regime, as well as the compulsory insurance against illness and disability, including the maternity allowance sector, and to the provisions relating to maternity allowances, and to the provisions relating to
1° within thirty calendar days of their return to civil life, they:
(a) have acquired the status of a worker subject to the above-mentioned law, a minor worker or a merchant marine;
(b) or are registered as an applicant for employment with the Regional Employment Office;
2° or they provide evidence that during the same period, they are in a state of incapacity for work within the meaning of the regulations concerning compulsory health insurance against illness and disability, or in a period of maternity rest in accordance with the provisions of Part V of the Compulsory Health Care Insurance Act and Coordinated Allowances on July 14, 1994.
Art. 16. § 1^er. The Department of National Defence shall pay to the National Social Security Office for the benefit of the soldiers referred to in section 14:
1° the contributions due by the employer and the worker for the period that corresponds to the number of working days that the employee must normally prove in the age category to which he belongs, to be admitted to the benefit of unemployment benefits under the unemployment regulations;
2° the contributions due by the employer and the worker, calculated over a period of six months, for the admission of the person concerned to the benefit of the compulsory insurance scheme against illness and disability, the area of allowances, and maternity insurance.
Any award, allowance, allowance or severance pay under sections 12 and 13 of the Act of 23 December 1955 on Auxiliary Officers of Air Force, Pilots and Mariners and under section 26, § 1^er, the Act of 20 May 1994 on the status of short-term military personnel does not impede the payment of unemployment benefits or allowances for disability or disability.
§ 2. Contributions referred to in § 1^er are calculated on the basis of the last processing of activity of the individual, transposed in case of need on the basis of full-time benefit treatment.
§ 3. The duration of the periods referred to in § 1^erParagraph 1^er, 1° and 2°, may in no case exceed the duration of the active service period of the fired member.
Art. 17. During the last working day, the Ministry of National Defence delivers to the person concerned, or sends it by registered fold to the position, all documents required by the social security legislation, a termination certificate and a notice of the formalities to be completed.
In addition, the Department of National Defence submits to the National Social Security Office the data required for the calculation of contributions.
Art. 18. If the decision by which it is terminated the exercise of employment or if the termination of the undertaking or the termination of the undertaking or the loss of quality is cancelled or subsequently withdrawn, the interested party is considered to have remained subject to the social protection regime of workers that is related to the status of military.
In this case, and provided that the contributions due by the worker were paid in accordance with section 16, the corresponding amount is refunded to the Department of National Defence.
Unemployment benefits and disability insurance benefits that the individual would have received under this Act may only be recovered if he is entitled to the payment of the amount of salary arrears.
Art. 19. In section 20 of the Act of 14 January 1975 on the regulation of discipline of the armed forces, the words "or on exceptional leave" are replaced by the words ", on exceptional leave or on reclassification leave. »
Art. 20. Article 5, § 1^er, of the Act of 25 May 2000 establishing the voluntary four-day working regime and the half-time early departure regime for certain military personnel and amending the status of military personnel with a view to establishing temporary employment withdrawal by career interruption, is supplemented as follows:
"6° when the member obtains reclassification leave."
Art. 21. Article 6, § 1^er, the same law is supplemented as follows:
"10° in case of orientation leave. »
Art. 22. The member who has filed a request for resignation with a professional conversion shall not be entitled to the provisions referred to in Article 21, § 4, paragraph 2, of the Law of 1^er March 1958 relating to the status of career officers and reserve officers of the armed forces, Article 23, § 4, paragraph 2, of the Act of 27 December 1961 relating to the status of non-commissioned officers of the armed forces and Article 17, § 4, paragraph 2, of the Act of 12 July 1973 relating to the status of volunteers of the active framework of the armed forces.
Art. 23. The member who has left the active framework through the resignation accompanied by a professional conversion shall not benefit from the reintegration referred to in Article 24, § 2, of the Law of 1^er March 1958 relating to the status of career officers and reserve officers of the armed forces, section 27 of the Act of 27 December 1961 relating to the status of non-commissioned officers of the armed forces and section 18ter of the Act of 12 July 1973 relating to the status of volunteers of the active armed forces.
Art. 24. The Act of 28 June 1960 on the social security of persons who did not perform temporary services to the army, as amended by the Act of 21 December 1990, is repealed.
Art. 25. Section 29 of the Act of 21 December 1990 on the status of active military candidates, as amended by the Act of 20 May 1994, and section 30 of the Act are repealed.
Art. 26. The King or the authority he designates may establish additional terms and conditions of the program of professional conversion and any measures necessary for the application of the provisions of Articles 14 to 18.
Art. 27. For reasons of overcrowding or social reasons as a result of certain restructuring measures, the King may make the provisions of this Act applicable to other military groups, subject to the conditions it determines.
Art. 28. The King shall determine the effective date of each of the sections of this Act.
Promulgate this law, order that it be coated with the Seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 February 2003.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) 2002-2003 session:
House of Representatives.
Parliamentary documents: Bill No. 1984/1 - Report No. 1984/2 - Text adopted No. 1984/3.
Annales parlementaire : Text adopted on 18 December 2002.
Senate.
Parliamentary documents: Bill passed by House No. 1411/1. Not mentioned.