Advanced Search

An Act To Amend Certain Provisions Relating To The Statute Of Military Personnel

Original Language Title: Loi modifiant certaines dispositions relatives aux statuts du personnel militaire

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

22 MARCH 2001. - An Act to amend certain provisions relating to the statutes of military personnel



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER Ier. - Amendments
Section 1re. - Amendment of the Act of 18 March 1838 of the Royal Military School
Art. 2. Article 1er of the Act of 18 March 1838 of the Royal Military School, replaced by the Act of 6 July 1967, is replaced by the following provision:
“Article 1er. For the purposes of this Act, a student must hear:
1° the candidate career officer of the armed forces following an officer training at the Royal Military School, hereinafter referred to as the School;
2° any other pupil, whether or not having the status of a member and having or not Belgian nationality, who meets the conditions of admission that the King may establish and which has been approved by the Minister of National Defence. »
Art. 3. Article 1erbis of the same law, inserted by the law of 6 July 1967, is replaced by the following provision:
“Article 1erbis. § 1er. The School is a military institution of higher education, responsible for the academic, military, sports and material training of students.
The King can charge the School of Complementary Missions that have a connection to training or scientific research.
§ 2. The seat of the School is set in Brussels.
§ 3. The School consists of two faculties: a polytechnic faculty and a faculty of social and military sciences.
The duration of the training at the School at the Polytechnic Faculty is at least 150 weeks of academic courses spread over five years of training.
The duration of the education at the School in the Faculty of Social and Military Sciences is at least 120 weeks of academic courses divided over four years of training. »
Art. 4. Article 1erter, as follows, is inserted in the same law:
“Article 1erter. The King sets out the rules of examinations and the curriculum of subjects taught at the polytechnic faculty and the Faculty of Social and Military Sciences. These programs must be equivalent to those of university studies leading respectively to a degree of civil engineer or graduate in the field of political, social or economic sciences.
For the polytechnic faculty, the program is based on teaching:
- technical, fundamental and applied sciences in one of the specialties determined by the King;
- social sciences and behaviour;
- specific military sciences;
- languages.
For the Faculty of Social and Military Sciences, the program is directed to teaching:
- the law;
- social sciences and behaviour;
- management sciences;
- specific military sciences;
- languages.
Any changes to these programs must be consistent with the advice of the Development and Training Board referred to in section 20. »
Art. 5. Section 2 of the Act, replaced by the Act of 21 December 1990, is replaced by the following provision:
“Article 2. Students referred to in Article 1er, 1°, are soldiers in active service. They are used to support commitments or commitments as provided by the status of candidates.
Upon approval by the Minister of National Defence, students referred to in section 1er, 2°, subscribe to a declaration by which they undertake to respect the rules of procedure of the School.
Students receive a copy of the School's rules of procedure. »
Art. 6. In section 7 of the Act, replaced by the Act of 25 August 1920 and amended by the Act of 16 March 1994, the introductory sentence and the General Staff section are replaced by the following provision:
“Article 7. The general organization of the School includes a command and teaching staff, and consists of:
School Command
1° a commander, a second commander and a senior officer, legal and financial advisor;
2° a direction of academic education composed of a study secretariat, a polytechnic faculty, a faculty of social and military sciences, centres and services;
3° a direction of the military and sports training composed of a staff, the cadets' battalion, the student officers' battalion, a special division and a preparatory division;
4° a support management composed of administrative and logistical services and a medical detachment commissioned by the school doctor. »
Art. 7. Section 11 of the Act, repealed by the Act of 16 March 1994, is reinstated in the following wording:
“Article 11. The Royal Military School enjoys legal personality. »
Art. 8. Section 12 of the Act, repealed by the Act of 20 May 1994, is reinstated in the following wording:
“Article 12. The heritage of the Royal Military School retains the benefit of revenues collected for analysis, testing, studies and services to which it is carried out in its chairs, laboratories, centres and services. »
Art. 9. Section 13 of the Act, repealed by the Act of 13 November 1974, is reinstated in the following wording:
“Article 13. The Royal Military School may own in property or otherwise the buildings necessary to carry out its mission. It can also make real estate investments to ensure the conservation of its heritage.
No real estate acquisition can be made without the King's permission.
The buildings assigned to the service of the Royal Military School may be transferred with dispensation of the proportional right of registration and the right of transcription, by act passed without charge pursuant to section 9 of the Act of 27 May 1870, simplifying the procedures for expropriation because of public utility. »
Art. 10. Section 14 of the Act, repealed by the Acts of 1er March 1958, 6 July 1967 and 20 May 1994, is reinstated in the following wording:
“Article 14. In accordance with the provisions of Article 910 of the Civil Code, the provisions between live or will for the benefit of the heritage of the Royal Military School have no effect whatsoever since they are authorized by royal decree. However, this authorization is not required for the acceptance of purely securities liberalities whose value does not exceed 100,000 francs and which are not encumbered with charges.
Section 8 of the Act of 19 December 1864 is not applicable to the heritage of the Royal Military School. »
Art. 11. Section 15 of the Act, repealed by the Act of 6 July 1967, is reinstated in the following wording:
“Article 15. All donations made to the heritage of the Royal Military School are exempt from stamp and registration fees. »
Art. 12. Section 16 of the Act, repealed by the Act of 6 July 1967, is reinstated in the following wording:
“Article 16. The heritage of the Royal Military School is managed by a board of directors.
The Commander of the Royal Military School and, in his absence, the Director of Studies, or their delegate, represent the Royal Military School as part of the management of his heritage vis-à-vis third parties. »
Art. 13. Section 17 of the Act, repealed by the Act of 6 July 1967, is reinstated in the following wording:
“Article 17. Each year, the Board of Directors prepares the budget and accounts for the heritage of the Royal Military School and submits them to the advice of the Academic Council.
The budget and accounts are submitted annually to the Minister of National Defence for approval. »
Art. 14. Section 18 of the Act, as amended by the Act of 28 July 1926, is replaced by the following provision:
“Article 18. The King or the authority he designates sets out the terms relating to the obligation to lodge in the School. »
Art. 15. Section 19 of the Act is repealed.
Art. 16. Section 25 of the Act is repealed.
Art. 17. Section 27 of the Act is repealed.
Section 2. - Amendment of the Act of 30 July 1938 concerning the use of languages in the army
Art. 18. Section 4 of the Act of 30 July 1938 concerning the use of languages in the army, replaced by the Act of 28 December 1990, is amended as follows:
1° paragraph 4 is replaced by the following paragraph:
"In addition to the time at which these examinations are organized, the candidate who succeeds in one of the two trials of the first participation can claim this success to obtain a review of his or her seniority in accordance with the status of the military candidates. »;
2° the article is supplemented by the following paragraph:
"The seniority of the candidate, who succeeds only in one of the two trials of the second participation, is reduced by six months. However, the appointment produces its effects on the same date as that of the candidates referred to in paragraph 4 who have not suffered a loss of seniority. However, the candidate who succeeds in the first trial of the second participation does not lose seniority, if the participation in this test was due to the impossibility of passing the second test of the first participation by an accident or illness following a fact related to the service. »
Art. 19. In the Dutch text of Article 5, § 2, of the same law, replaced by the law of 30 July 1955 and amended by the law of 28 December 1990, the following amendments are made:
1° to paragraph 1erthe word "vak exams" is replaced by the word "beroepsproeven";
2° in paragraph 2, the word "vakexamens" is replaced by the word "beroepsproeven".
Art. 20. Article 7, § 1erthe same Act, replaced by the Act of 30 July 1955 and amended by the Acts of 10 June 1970 and 28 December 1990, are amended as follows:
1° the 3° is replaced by the following text:
« 3° Those who, in this language, have attended the courses for at least one full academic year and have completed the final exams in one of the following institutions:
(a) Royal Military School;
(b) Royal Higher Defence Institute;
(c) School of application of the gendarmerie; »;
2° the 4° is replaced by the following text:
« 4° Those who, in this language, presented and passed the professional examinations for the advancement to the rank of major or to an equivalent grade, after having followed in this language the course for candidate superior officer for a full academic year. »;
3° the paragraph is completed as follows:
« 6° Those who, in this language, have taken the courses for at least one academic year complete and passed the final tests in one of the foreign military establishments that the King determines. »
Art. 21. Section 8 of the Act, as amended by the Acts of 27 December 1961, 13 July 1976, 28 December 1990 and 26 March 1999, are amended as follows:
1° § 1erParagraph 1er, is replaced by the following paragraph:
"In order to be commissioned to the rank of sergeant or to an equivalent grade in the category of career or complemental non-commissioned officers and to be appointed to that rank, a candidate must, by obtaining at least half of the points for examination, demonstrate the effective knowledge of the language of the language of the language regime chosen by the candidate during the recruitment process. »;
2° § 2, paragraph 1er, is replaced by the following paragraph:
"is exempt from the examination provided in § 1er, the non-commissioned officer or non-commissioned candidate who holds the higher secondary education certificate approved or issued by the State jury in the language of the language regime chosen by the candidate during the recruitment, unless the examination referred to in § 1er must be presented as part of the transition or social promotion and provided that the result is taken into consideration in the classification by the selection committee. »
Art. 22. A chapter IIbis, including section 9bis, as follows, is inserted in the same law:
“Chapter IIbis. - Obligations imposed on volunteers
Article 9bis. § 1er. In order to be able to change for a unit of linguistic regime different from that of the unit in which it is located, corresponding to the language chosen at the time of recruitment, any volunteer must, by obtaining at least half of the points at a review, demonstrate the effective knowledge of the other language.
This test covers the subjects contained in the curriculum of the required studies of the volunteer career candidate as set out in article 13, paragraph 2, of the Act of 21 December 1990 establishing the status of military candidates of the active framework.
§ 2. is exempt from the examination provided for in § 1er, a volunteer who holds a degree or certificate attesting to the success of the first three years of secondary education or an equivalent level in the other language than the language chosen by the candidate at the time of recruitment, which is the language of the unit in which he is called to serve. »
Art. 23. In section 10 of the Act, as amended by the Acts of 22 July 1980 and 20 May 1994, the following amendments are made:
1° in paragraph 1erthe word "section" is replaced by the word "faculty";
2° in paragraph 5, the words "section (infantry and cavalry - artillery and engineering)" are replaced by the word "faculty".
Art. 24. Section 14 of the Act is repealed.
Art. 25. Section 31, § 3, of the Act, replaced by the Act of 13 November 1974, is replaced by the following provision:
“§3. If, for an admission examination to a training cycle, a candidate, pursuant to the relevant provisions, presents certain tests in German, the examiners and members of the jury concerned must justify, in the manner prescribed in § 1erthe in-depth knowledge of the language of the linguistic regime or of the provisional language regime of that candidate.
However, the above-mentioned juries are assisted by one or more military or civilian experts, designated for this purpose by the King, and whose knowledge of the German language is proven by the following diplomas, certificates or qualities:
1° degree in German philology with German as the main language;
2° degree in interpretation, particularly in German;
3rd degree in translation, particularly in German;
4° as a level 1 state agent, holder of the degree of translator-revisor, in particular in the German language or translator-director, in particular in the German language;
5° officer who, pursuant to Article 2bis, presented the examination on the in-depth knowledge of the German language;
6° as an officer, holder of a degree or certificate sanctioning higher secondary education, provided that the individual has completed his or her studies in the German language. »
Section 3. - Amendment of the Act of 23 December 1955 on Auxiliary Air Force Officers, Pilots and Mariners
Art. 26. In section 3 of the Act of 23 December 1955 on Auxiliary Officers of Air Force, Pilots and Mariners, the following amendments are made:
1° 1° is replaced by the following text:
"1° if it is not a Belgian nationality; »;
2° 1°bis, as follows, is inserted:
"1°bis if he does not possess the moral, material and physical qualities indispensable to the officer state, according to the rules that the King fixes; »;
3° in the 2°, the words "successfully completed the upper-level average studies" are replaced by the words "is not holder of an approved degree attesting that it may begin graduate studies or a degree or certificate recognized at least equivalent by or under a law, decree, European directive, bilateral agreement or international agreement";
4° the 3° is replaced as follows:
"3° if he has not pledged to remain in active service for a period of thirteen years according to the rules that the King fixes; "
Art. 27. An article 3bis, as follows, is inserted in the same law:
"Article 3bis. A junior officer candidate who, at the time of his or her appointment, has not yet been a member, is declared to be subject to military laws. By this declaration, he acquires the military quality. The completion of this formality is recognized by the establishment of a document, signed by the auxiliary officer candidate, in which he acknowledges that he is declared to him that he is subject to military laws and that, by this declaration, he has acquired the status of a member.
In times of war, the fulfilment of this formality is recognized by all means of law. »
Art. 28. In Article 5, § 3, of the Act, the following amendments are made:
1° in paragraph 1er, the word "active" is inserted between the words "the duration of service" and "that it has accomplished";
2° in paragraph 2, the word "active" is inserted between the words "time of service" and "at least equal".
Art. 29. In Article 10, paragraph 1er, in the same law, the word "active" is inserted between the words "the duration of service" and "that the individual has fulfilled".
Art. 30. An article 11bis, as follows, is inserted in the same law:
“Article 11bis. The Minister of Defence may extend one or more times a year the engagement of the auxiliary officer upon request, without the amount of extensions exceeding three years.
The King sets out the procedure and procedures for the extension of the auxiliary officer's engagement. »
Art. 31. Section 12 of the Act is replaced by the following provision:
“Article 12. An auxiliary officer whose commitment is terminated is entitled if he has completed at least thirteen years of active service since his approval as an auxiliary officer to a departure toll equal to twenty times his last gross monthly salary.
If he has completed at least fourteen, fifteen or sixteen years of active service since his approval as an auxiliary officer candidate, he or she is entitled to a starting period equal to twenty-two, twenty-four or twenty-six times his or her last gross monthly salary. »
Art. 32. Article 13, § 2, is replaced by the following provision:
Ҥ2. Where the disability rate for which the compensation pension is awarded is greater than 50%, the amount of the severance pay is equal to twenty-six times the last total gross monthly salary of the respective auxiliary officer.
When the disability rate for which the compensation pension is awarded is 50%, the amount of the severance pay is equal to twenty times the last total gross monthly salary of the respective auxiliary officer if he has completed less than thirteen years of active service since his approval as an auxiliary officer candidate. If he has completed at least thirteen, fourteen or fifteen years of active service since his approval as an auxiliary officer candidate, the amount of the departure toll is equal to twenty-two, twenty-four or twenty-six times his last whole gross monthly salary.
When the disability rate for which the compensation pension is awarded is less than 50% the amount of the severance pay is equal to twenty times the last total gross monthly salary of the respective auxiliary officer, multiplied by the ratio between the disability rate and 50%, or twenty times its last total gross monthly salary, increased by six times the last total gross monthly salary multiplied by the ratio between the disability rate and 50%, depending on the less active »
Art. 33. Section 21 of the Act is replaced by the following provision:
“Article 21. § 1er. As long as the application is filed within twelve months of the entry into force of this section, the auxiliary officer or auxiliary officer candidate, approved before the date fixed by the King, shall obtain from the Minister of Defence the extension of his or her appointment or additional undertaking allowing him to remain in active service for a period identical to that set out in section 3, 3°. In the event that it does not introduce this application, the provisions of Article 11bis are not applicable to it.
The King sets out the procedure and procedures for extensions referred to in paragraph 1er.
§ 2. In derogation from Article 12, the auxiliary officer authorized before the date fixed by the King referred to in §1erParagraph 1er, whose commitment terminates is entitled to a departure toll calculated as follows:
1° or 25 times its last total gross treatment if it has completed nine years of active service since its approval as an auxiliary officer candidate;
2° or fifty times his last total gross treatment if he has completed twelve years of active service since his approval as an auxiliary officer candidate;
3° or fifty-two, fifty-four, fifty-six, fifty-eight times his last whole gross treatment if he has completed thirteen, fourteen, fifteen or sixteen years of active service since his approval as an auxiliary officer candidate.
The provisions of this section shall apply to an auxiliary officer.
§ 3. In derogation from Article 13, § 2, for the auxiliary officer and the authorized auxiliary officer before the date fixed by the King referred to in § 1erParagraph 1er, the amount of the original toll referred to in section 13, paragraph 1er, is calculated as follows:
1° where the disability rate for which the compensation pension is awarded is greater than 50%, the severance pay is equal to fifty times the last total gross salary;
2° where the disability rate for which the compensation pension is awarded is 50 per cent, the severance pay is fifty times or twenty-five times the last total gross salary, as the duration of the active service performed since the registration as an auxiliary officer candidate reaches or not nine years;
3° where the disability rate for which the compensation pension is awarded is less than 50% the severance pay is equal to the amount obtained by multiplying twenty-five times the last total gross salary increased by the amount obtained by multiplying twenty-five times the last total gross salary by the ratio between the disability rate and 50%, or twenty-five times the last gross salary completed by the ratio between the disability rate and 50%, »
Section 4. - Amendment of the law of 1er March 1958 relating to the status of career officers of land, air and naval forces and medical services, as well as reserve officers of all armed forces and medical services
Art. 34. The title of the law of 1er March 1958 relating to the status of career officers of land, air and naval forces and medical services, as well as reserve officers of all armed forces and medical services, replaced by the Act of 13 July 1976, is replaced by the following title:
"Law on the Status of Career Officers and Reserve Officers of the Armed Forces. »
Art. 35. Article 1er of the Act, amended by the Acts of 13 July 1976, 21 December 1990 and 20 May 1994, are amended as follows:
1° in paragraph 1erthe words "in the armed forces" are deleted;
2° paragraphs 3 and 4 are repealed.
Art. 36. In section 5, paragraph 2, of the Act, replaced by the Act of 21 December 1990, the words "paragraph 1er, 3°," are replaced by the words "paragraph 1er, 2°,".
Art. 37. In section 7 of the Act, the word "armed" is deleted.
Art. 38. Section 8 of the Act, as amended by the Acts of 27 December 1973, 13 July 1976 and 20 May 1994, are amended as follows:
1° in § 1erParagraph 1er, 1°, the words "and in the body of musicians:" are added after the words "aircraft force";
2° § 2 is replaced by the following provision:
Ҥ2. The King may confer, by commission, the rank of general or admiral for the exercise of the following jobs:
1st Chief Military House of the King;
2nd Chief of General Staff.
It may also confer this rank by commission for the exercise of functions in international organizations or in interallied military formations.
The rank of general or Admiral is hierarchically immediately superior to the rank of lieutenant-general or vice-miral.
The King may confer by commission the rank of Brigadier General or flotilla Admiral for the exercise of functions in Belgian representations abroad, in international organizations, in interallied military formations, and for the exercise of national functions of an international character that He determines.
The rank of Brigadier General or flotilla Admiral is hierarchically below the rank of General Staff or Division Admiral.
The effects of the commission are determined by the King. »;
3° 1 § 3 is inserted, as follows:
“§3. For the purposes of this Act, only the rank to which the officer is appointed is considered. However, the officer who was commissioned at one of the grades referred to in § 2 retains that rank in an honorary capacity when he is placed on board pursuant to the coordinated laws on military pensions at the end of the period in which he held the duties requiring his commission. »
Art. 39. In section 12ter of the Act, inserted by the Act of 20 May 1994, the words "Chief of General Staff" are replaced by the words "Chief of General Staff".
Art. 40. In the Dutch text of Article 18, paragraph 1er, from the same law, replaced by the law of 28 December 1990, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 41. An article 24bis, as follows, is inserted in the same law:
"Article 24bis. The following statutory measures may be imposed against the officer:
1° temporary withdrawal of employment by disciplinary measure;
2° the final withdrawal of employment by resignation of office;
3° to the pension by application of Article 3, A, 1° or 2°, coordinated laws on military pensions. »
Art. 42. The title of chapter V of title Ier the same law is replaced by the following title:
"Chapter V. - Body and specialties"
Art. 43. Section 27 of the Act, replaced by the Act of 28 December 1990, is replaced by the following provision:
“Article 27. § 1er. The officers are assigned to one of the bodies determined by the King.
This assignment is carried out in one of the ways defined in articles 28 to 31.
§ 2. In addition, in some bodies, officers are assigned to one of the specialties determined by the King.
This assignment is carried out in one of the ways defined in articles 27bis to 31.
§ 3. Earth force officers cease to belong to a body and, if necessary, to a specialty as soon as they are appointed to a rank of General Officer. »
Art. 44. An article 27bis, as follows, is inserted in the same law:
"Article 27bis. Depending on the needs of the armed forces, the Minister of National Defence may, as part of the advancement of the officers, establish by rank group or grade the number of officers to be allocated in each speciality within the bodies that have several specialties. However, for special bodies, this competence is exercised by the King. »
Art. 45. The following amendments are made to section 28 of the Act:
1° in paragraph 1er, the words "and, if any, in a speciality" are inserted between the words "a body" and "are";
2° paragraph 2 is replaced by the following paragraph:
"The King sets out the conditions to be met by an officer to be admitted to a body and, if necessary, in a speciality in which no clerkship is provided. »
Art. 46. Article 29, paragraph 1er, the Act is replaced by the following paragraph:
"Any officer may be transferred ex officio in the interest of the service:
1° from one force to another;
2° within one force, from one body to another;
3° of a force to a special body;
4° of a special body to a force;
5° inside one body, from one specialty to another. »
Art. 47. In section 30 of the Act, the words "body or force" are replaced by the words "force, body or specialty".
Art. 48. In the Dutch text of article 31 of the same law, as amended by the law of 28 December 1990, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 49. Section 32 of the Act, as amended by the Act of 27 December 1973, is replaced by the following provision:
“Article 32. Any officer may, regardless of the body and, where appropriate, the specialty in which he or she is registered, be designated to perform service benefits in any training of the armed forces. »
Art. 50. In section 36 of the Act, replaced by the Act of 20 May 1994, the words "paragraph 1er, 5°, b) are replaced by the words "paragraph 1er5°".
Art. 51. In section 37 of the Act, replaced by the Act of 28 December 1990, the following amendments are made:
1° in paragraph 1er, the words "and, if any, in its new specialty" are inserted between the words "its new body" and "with its grade";
2° in paragraph 2, the words "and, if any, in its new specialty" are inserted between the words "his new body" and "after".
Art. 52. Section 38 of the Act, replaced by the Act of 28 December 1990, is repealed.
Art. 53. The following amendments are made in section 39 of the Act:
1° in § 1erParagraphs 3 and 4 are replaced by the following paragraphs:
"The ability and manner of service are appreciated by the Minister of National Defence. For the advancement of a junior officer from the rank of lieutenant or from the next grade for the officer of special recruitment, the supervisors issue their opinion on the individual under the rules established by the Minister of National Defence and in the form prescribed by the Minister.
These opinions are brought to the attention of the interested party. No unfavourable notice may be transmitted to the Minister of National Defence without the person concerned being able to make his or her justifications.
When assessing, it is taken into account:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions. »;
2° in § 2, paragraph 1er, the words "active service" are inserted between the words "year" and "to".
Art. 54. The following amendments are made to section 40 of the Act:
1° in paragraph 1erthe word "tests" is replaced by the words "professional trials";
2° in paragraph 2, the word "tests" is replaced by the words "professional trials".
Art. 55. Section 41 of the Act, replaced by the Act of 28 December 1990, is supplemented by the following paragraph:
"In the evaluation, the candidate's potentiality is taken into account in relation to the position of the higher grade and specifically:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions. »
Art. 56. In Article 44 of the Act, replaced by the Act of 28 December 1990, §§ 1er and 2 are replaced by the following:
« § 1er. Appointments shall take place within the body or, if any, within the specialty to which officers belong under the provisions of Article 27, §§ 1er and 2.
§ 2. However, the officers referred to in Article 27, § 3, are appointed to a rank of general officer within the force. »
Art. 57. In Article 45, § 2, paragraph 1er, 2°, the words "by order" are inserted between the words "suspended" and ", count".
Art. 58. An article 46bis, as follows, is inserted in the same law:
"Article 46bis. In his capacity as Commander-in-Chief of the Armed Forces, the King was wearing the rank of General and the equivalent rank of Admiral. »
Art. 59. In the Dutch text of article 47, paragraph 1er, of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 60. In the Dutch text of article 48, paragraph 4, of the same law, the words "der krijgsmachtdelen" are replaced by the words "van de krijgsmacht".
Art. 61. In section 54 of the Act, the words "in the armed forces" are deleted.
Art. 62. In the Dutch text of article 57 of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 63. In the Dutch text of article 71, paragraph 1er, of the same law, as amended by the law of 18 February 1987, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 64. Article 72bis, as follows, is inserted in the same law:
"Article 72bis. The following statutory measures may be imposed against the reserve officer:
1° non-activity by disciplinary measure;
2° the resignation of office of the rank referred to in section 59. »
Art. 65. The title of Chapter V of Title II of the Act is replaced by the following title:
"Chapter V. - Body and specialties"
Art. 66. Section 73 of the Act is replaced by the following provision:
“Article 73. The reserve officers are divided by the King among the various bodies that He determines.
In addition, in some bodies, reserve officers are distributed by the King among the various specialties that He determines. »
Art. 67. Section 74 of the Act is replaced by the following provision:
“Article 74. Articles 27bis, 28, 29, paragraph 1er30, 31 and 32 are applicable to reserve officers.
The transfer referred to in section 29, paragraph 1era reserve officer is ordained by the King. »
Art. 68. In section 91 of the Act, the word "mobilized" is deleted.
Art. 69. An article 92bis, as follows, is inserted in the same law:
"Article 92bis. Section 12bis is applicable to reserve officers. »
Art. 70. Section 97bis of the Act, inserted by the Act of 13 July 1976, is replaced by the following provision:
"Article 97bis. For the purposes of the statute of officers, the medical service is considered a force. »
Art. 71. In the Dutch text of Article 99, §§ 1er and 3, of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Section 5. - Amendment of the Act of 27 December 1961 concerning the status of non-commissioned officers of the active environment of the land, air and naval forces and the medical service
Art. 72. The title of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active environment of the land, air and naval forces and the medical service, replaced by the Act of 13 July 1976, is replaced by the following title:
"Act relating to the status of non-commissioned officers of the active armed forces. »
Art. 73. The title of Chapter II of Title I of the Act is replaced by the following title:
“Chapter II. - Body and specialities »
Art. 74. Section 3 of the Act is replaced by the following provision:
“Article 3. § 1er. The non-commissioned officers are assigned to one of the bodies determined by the King.
This assignment is carried out in one of the ways defined in articles 4 to 7.
§ 2. In addition, in some bodies, non-commissioned officers are assigned to one of the specialties determined by the King.
This assignment is carried out in one of the ways defined in articles 4 to 7.
§ 3. The advancement of non-commissioned officers takes place in the body and, where appropriate, in the specialty to which they are assigned. »
Art. 75. An article 3bis, as follows, is inserted in the same law:
"Article 3bis. Depending on the needs of the armed forces, the Minister of National Defence may, within the framework of the advancement of the non-commissioned officers, set by rank group or grade the number of non-commissioned officers to be allocated in each speciality within the bodies with several specialties. However, for special bodies, this competence is exercised by the King. »
Art. 76. The following amendments are made to section 4 of the Act:
1° in paragraph 1er, the words "job group" are replaced by the words "body and, if applicable, in a specialty";
2° in paragraph 2, the words "job group" are replaced by the words "body and, if applicable, in a specialty".
Art. 77. Section 5 of the Act is replaced by the following provision:
“Article 5. In the interest of the service, any non-commissioned officer may be transferred ex officio by the Minister of National Defence:
1° from one force to another;
2° within one force, from one body to another;
3° of a force to a special body;
4° of a special body to a force;
5° inside one body, from one specialty to another. »
Art. 78. In section 6 of the Act, the words "or group of jobs" are replaced by the words ", body or specialty".
Art. 79. In the Dutch text of Article 7 of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 80. Article 7bis, as follows, is inserted in the same law:
"Article 7bis. Any non-commissioned officer may, regardless of the body and, where appropriate, the speciality in which he or she is registered, be designated for service in any formation of the armed forces. »
Art. 81. In the Dutch text of Article 20, paragraph 1er, from the same law, replaced by the law of 28 December 1990, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 82. An article 27bis, as follows, is inserted in chapter III of the Act:
"Article 27bis. The following statutory measures may be imposed against the non-commissioned officer:
1° temporary withdrawal of employment by disciplinary measure;
2° the final withdrawal of employment by resignation of office;
3° to the pension by application of Article 3, B, a), 1° or Article 3, B, b), coordinated laws on military pensions. »
Art. 83. In Article 31, § 1erParagraphs 1er and 2, of the same law, the words "Minister of National Defence" are replaced by the word "King".
Art. 84. The following amendments are made to section 33 of the Act:
1° in § 1erParagraph 1er, the words "job group" are replaced by the words "body and, if applicable, in its new specialty";
2° in § 1er, paragraph 2, the words "job group" are replaced by the words "body and, if applicable, this specialty";
3° in § 2, paragraph 1er, the words "job group" are replaced by the words "body and, if applicable, in its new specialty";
4° in § 2, paragraph 2, the words "job group" are replaced by the words "body and, if any, this specialty".
Art. 85. Section 34 of the Act is replaced by the following provision:
“Article 34. The advancement of career non-commissioned officers takes place within each body or, where appropriate, within each specialty. »
Art. 86. The following amendments are made in section 35 of the Act:
1° in § 1erParagraphs 3 and 4 are replaced by the following paragraphs:
"The ability and manner of service are appreciated by the Minister of National Defence. For the advancement of a non-commissioned officer from the rank of first sergeant or from the next grade for the non-commissioned officer of special recruitment, the supervisors advise the candidate according to the rules established by the Minister of National Defence and in the form prescribed by the Minister.
These notices are notified to the applicant. No unfavourable notice may be forwarded to the Minister of National Defence without the applicant being able to submit its justifications.
When assessing, it is taken into account:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions. »;
2° in § 2, paragraph 1er, the words "active service" are inserted between the words "years" and "to";
3° § 2, paragraph 1er is supplemented by the words "active service".
Art. 87. In section 39 of the Act, as amended by the Act of 20 May 1994, the following amendments are made:
1° in paragraph 1er, the words "has not classified in a useful order to a contest" are replaced by the words "has not satisfied with an examination";
2° in paragraph 2, the words "this contest" are replaced by the words "this examination";
3° paragraphs 3 and 4 are repealed.
Art. 88. In section 39bis of the Act, inserted by the Act of 20 May 1994, the following amendments are made:
1° the words "the rank of senior officer is awarded" are replaced by the words "the ranks of senior officer are awarded";
2° the article is supplemented by the following paragraphs:
"In the evaluation, the candidate's potentiality is taken into account in relation to the position of the higher grade and specifically:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions.
No non-commissioned officer may be appointed to the rank of Staff Officer if his age does not allow him to serve for at least two years in his new grade. This provision is not applicable to the non-commissioned officer who is retired at an age limit of less than fifty-six years. »
Art. 89. An article 39ter, as follows, is inserted in the same law:
"Article 39ter. In derogation from the provisions of article 36, paragraph 1er, the ranks of first sergeant and deputy may be awarded to the Minister of National Defence, one or two years before reaching the minimum seniority in the immediately lower rank, following an assessment of the merits of the candidates according to the rules set out in a royal decree deliberated in the Council of Ministers.
During the evaluation, the candidate's potentiality is taken into account in relation to the higher grade functions and specifically:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions. »
Art. 90. In Article 40, § 2, of the Act, the following amendments are made:
1st paragraph 1er, 2°, is completed as follows: "by order measure";
2° paragraph 1er, 4°, is replaced by the following text:
« 4° The career non-commissioned officer whose application was not considered for health reasons or for reasons of administration. »
Art. 91. Section 42 of the Act, as amended by the Act of 20 May 1994, is replaced by the following provision:
“Article 42. The ranks to which non-commissioned musicians are appointed by the Minister of National Defence are the same as those referred to in Article 2, § 1er.
There is equivalence between each rank of the navy and the corresponding grade of land force, air force and medical service.
The name of the rank is supplemented by the name: "musician" for the sub-officers and the elite sub-officers, and by the name "sub-leader of music" for the superior sub-officers. »
Art. 92. In section 44 of the Act, replaced by the Act of 21 December 1990, the following amendments are made:
1° in paragraph 1er, the words "third-class musician" are replaced by the words "sgtr musician";
2° in paragraph 1er, 1°, the words "fourth-class musician" are replaced by the words "caporal musician".
Art. 93. In section 45 of the Act, as amended by the Act of 20 May 1994, the following amendments are made:
1° in paragraph 1er, the words "job groups" are replaced by the words "other body and, if applicable, in another speciality of another body";
2° in paragraph 3, the words "job group" are replaced by the words "body and, if applicable, in the specialty to which".
Art. 94. Section 47 of the Act is repealed.
Art. 95. In article 70bis, § 2, of the same law, inserted by the law of 13 July 1976, paragraphs 2 and 3 are repealed.
Art. 96. Section 73bis of the Act, inserted by the Act of 13 July 1976, is replaced by the following provision:
"Article 73bis. For the purposes of the provisions of the status of non-commissioned officers of the active framework, the medical service is considered a force. "
Section 6. - Amendment of the Act of 12 July 1973 on the Status of Volunteers of the Active Framework of Land, Air and Naval Forces and Medical Service
Art. 97. The title of the Act of 12 July 1973 on the Status of Volunteers of the Active Framework of Land, Air and Naval Forces and Medical Service, replaced by the Act of 21 December 1990, is replaced by the following title:
"The Law on the Status of Volunteers in the Active Framework of the Armed Forces".
Art. 98. In Article 1erParagraph 1er, from the same law, replaced by the law of 21 December 1990, the words "land, air and naval forces and medical service" are replaced by the words "armed forces".
Art. 99. Article 2, § 1er, 2°, of the same law, replaced by the law of 21 December 1990, is replaced by the following:
"2° to the navy:
(a) deckhand;
(b) First deckhand;
(c) Master quarter;
(d) Chief Master ' s quarter;
(e) First Chief Master District. »
Art. 100. In Article 3, § 3, of the same law, as amended by the law of July 13, 1976, the words "or the corporal head" are replaced by the words ", the corporal head or the first corporal head".
Art. 101. In section 7 of the Act, replaced by the Act of 20 May 1994, the following amendments are made:
1° in the Dutch text of paragraph 2, the word "rechtvaardiging" is replaced by the word " verweer";
2° in the Dutch text of paragraph 3, the word "de" is inserted between the words "binnen" and "twee";
3° in paragraph 3, the words "active service" are inserted between the words "years" and "to" and between the words "year" and ", who";
4° the article is supplemented by the following paragraph:
"In derogation from the provisions of paragraphs 3 and 4, on the proposal of the head of body, the application to the corporal grade may be re-examined after five years of active service have elapsed after the last review of paragraph 3. »
Art. 102. An article 7ter, as follows, is inserted in the same law:
"Article 7ter. In derogation from the provisions of Article 7bis, paragraph 1er, the ranks of Corporal Chief and First Corporal Chief may be awarded to the choice of the Chief of Staff of the force concerned, one or two years before reaching the minimum seniority in the immediately lower rank, following an assessment of the merits of the candidates according to the rules set out in a royal decree deliberated in the Council of Ministers.
During the evaluation, the candidate's potentiality is taken into account in relation to the higher grade functions and specifically:
1° the knowledge available to the candidate, acquired as a result of training and experience;
2° of the candidate's skills on the physical, physical and professional level;
3° of the candidate's attitudes towards all service obligations related to the higher grade functions. »
Art. 103. In the Dutch text of article 14, paragraph 1er, from the same law, replaced by the law of 28 December 1990, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 104. An article 18quater, as follows, is inserted in the same law:
"Article 18quater. The following statutory measures may be imposed against the volunteer:
1° temporary withdrawal of employment by disciplinary measure;
2° the final withdrawal of employment by resignation of office;
3° to the pension by application of Article 3, B, a), 1° or Article 3, B, b), coordinated laws on military pensions. »
Art. 105. Section 21 of the Act, as amended by the Act of 20 May 1994, is replaced by the following provision:
“Article 21. The ranks to which the volunteer military career musicians, referred to below as volunteer musicians, are named, are the same as those referred to in Article 2, § 1er.
There is equivalence between each rank of the navy and the corresponding grade of land force, air force and medical service.
The name of the rank is complemented by the name "musician".
Voluntary musicians are assimilated to career volunteers. "
Art. 106. Section 23bis of the Act, inserted by the Act of 13 July 1976, is replaced by the following provision:
"Article 23bis. For the application of the provisions of the status of volunteers in the active framework, the medical service is considered a force. »
Section 7. - Amendment of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces
Art. 107. The title of Chapter III of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces is replaced by the following title:
“Chapter III. - Provisions concerning the status of officers of the complementarity framework of the armed forces".
Art. 108. In section 42 of the Act, repealed by the Act of 21 December 1990 and restored by the Act of 20 May 1994, the words "of each of the forces and medical service" are replaced by the words "and, if any, by speciality".
Art. 109. In section 44, 1°, of the same law, the words "section 37" are replaced by the words "section 36".
Art. 110. The title of Chapter IV of the Act, replaced by the Act of 28 December 1990, is replaced by the following title:
“Chapter IV. - Provisions concerning female military personnel of the armed forces, parental protection and palliative leave."
Art. 111. In section 46 of the Act, the words "land, air and naval forces and medical services" are replaced by the words "armed forces".
Art. 112. Section 47 of the Act is repealed.
Art. 113. An article 49bis, as follows, is inserted in the same law:
"Article 49bis. The female military member who is in active service peacetime, however, without being in intensive service, assistance or operational service, shall, at his request, obtain the necessary leave to enable him to go to the prenatal medical examinations and to undergo them to the extent that they cannot take place outside hours of service. The request must be supported with any useful evidence.
This leave is equivalent to an active service period and is paid. »
Art. 114. Section 50 of the Act, as amended by the Act of 20 May 1994, is replaced by the following provision:
“Article 50. § 1er. In addition to the leave to which it may claim according to the category of personnel to which it belongs, the female active member is entitled to a maternity leave taking place, at his request, at the earliest of the seventh week preceding the alleged date of delivery or the ninth week before that date when a multiple birth is scheduled. The female member shall give her head of body no later than eight weeks before the alleged date of delivery or ten weeks before that date when a multiple birth is provided for a medical certificate certifying that date. If delivery occurs only after the date provided by the doctor, leave is extended until the exact date of delivery.
The female member cannot perform any service from the seventh day preceding the alleged date of delivery until the end of the eight-week period that takes place on the day of delivery.
§ 2. At the request of the female member, the postnatal portion of the maternity leave may be extended beyond the eighth week, a period equal to the period during which she continued to perform benefits or was on leave or on leave with the exception of maternity leave and leave referred to in section 52, starting in the seventh week before the exact date of the childbirth or the ninth week when a multiple birth is scheduled. In the event of premature birth, this period is reduced by the number of days in which it has been paid either on leave or on leave with the exception of maternity leave and leave referred to in section 52 during the seven-day period preceding the date of delivery. Periods of absence for health reasons are not assimilated to periods during which benefits are performed or leave or leave.
However, where the newborn must remain in the hospital for at least eight weeks from birth, the female member may defer the extension of the maternity leave to which she is entitled under the preceding paragraph, until the newborn enters the home.
To this end, the female military gives his head of body:
1° at the time of re-service, a hospital certificate certifying that the newborn has been hospitalized for at least eight weeks;
2° at the time she requests the extension of her maternity leave, a certificate from the hospital that certifies the date of release of the newborn.
§ 3. The female member retains his right to the deferred extension of maternity leave in the year of the birth of his or her child in the event of his or her death. "
Art. 115. Article 51, § 1er the Act, replaced by the Act of 21 July 1990, is replaced by the following provision:
“Article 51. § 1er. The female soldier who is in pregnancy cannot perform night work for a period of eight weeks before the alleged date of delivery. Upon presentation of a medical certificate, it may not be required to perform work or night work that poses a danger to its health or to that of the child for other periods during pregnancy and for a period of up to four weeks immediately following the termination of maternity leave. »
Art. 116. Section 52 of the Act is supplemented as follows:
"or is, if not, placed on leave. This leave period is paid and is equivalent to an active service period. »
Art. 117. Section 53 bis of the Act, inserted by the Act of 28 December 1990 and amended by the Act of 20 May 1994, is replaced by the following provision:
“Article 53 bis. The officer, non-commissioned officer or volunteer of the active framework shall, after the birth or adoption of a child, obtain parental leave of up to three months. This leave must be taken within 10 years of birth or adoption of the child. This leave is taken by 30 days.
If the father and mother of the child are members of the active framework, parental leave referred to in this section cannot be granted simultaneously to both. Parental leave is not paid. It is assimilated for surplus to an active service period. »
Art. 118. An article 53quater, as follows, is inserted in the same law:
“Article 53quater. § 1er. Upon the death or hospitalization of the mother during the period of maternity leave referred to in section 50, the father who has the status of an active member, shall, at his request, be granted paternity leave in order to ensure the child's reception.
§ 2. In the event of mother ' s death, the duration of paternity leave is not more than the remaining part of maternity leave not yet exhausted by the mother.
§ 3. In the case of hospitalization of the mother, the father may be granted paternity leave provided that the following conditions are met:
1° paternity leave may not begin before the seventh day after the day of the child's birth;
2° the newborn must have left the hospital;
3° the hospitalization of the mother must last more than seven days.
Paternity leave ends when the mother's hospitalization ended and at the latest at the end of the maternity leave portion not yet exhausted by the mother.
§ 4. Paternity leave is paid and is equivalent to an active service period. »
Art. 119. The title of section 4 of chapter IV of the Act is replaced by the following title:
“Section 4. - Palliative Care Leave."
Art. 120. Section 55 of the Act, repealed by the Act of 20 May 1994, is reinstated in the following wording:
“Article 55. Except in periods of war, the active member is entitled to leave in the event of a person's palliative care.
For the purposes of this section, palliative care means any form of assistance, including medical, social, administrative and psychological care, as well as care given to a person suffering from incurable disease and terminally ill.
The duration of the leave is not more than one month, lasting for one month.
Except for exceptional reasons to be appreciated by the Minister of National Defence, the duration of all palliative leave may not exceed a total of six months during the military career.
A member who wishes to obtain a palliative care leave, submits a request to that end to his head of body. He attached to his application a certificate issued by the treating physician to the person in need of palliative care, which showed that the member stated that he was willing to provide palliative care, without the patient's identity being mentioned.
Palliative care leave is not paid but is equivalent to an active service period. »
Section 8. - Amendment of the Act of 18 February 1987 relating to the status of non-commissioned officers of the land, air and naval forces and medical service
Art. 121. The title of the Act of 18 February 1987 relating to the status of non-commissioned officers of land, air and naval forces and medical services is replaced by the following title:
"Act relating to the status of non-commissioned officers of the armed forces".
Art. 122. In Article 1er of the same law, the words "land, air and naval forces and medical services" are replaced by the words "armed forces. »
Art. 123. In Article 3 of the Act, replaced by the Acts of 20 May 1994, the words "land, air and naval forces and medical services" are replaced by the words "armed forces".
Art. 124. In the Dutch text of Article 19, paragraph 1er, of the same law, the word "krijgsmachtdelen" is replaced by the word "krijgsmacht".
Art. 125. An article 20bis, as follows, is inserted in the same law:
"Article 20bis. The following statutory measures may be imposed against the non-commissioned officer:
1° non-activity by disciplinary measure;
2° the resignation of office of the rank referred to in Article 7. »
Art. 126. The title of Chapter V of the Act is replaced by the following title:
"Chapter V. - Body and specialties."
Art. 127. Section 21 of the Act is replaced by the following provision:
“Article 21. The reserve non-commissioned officers are distributed among the bodies determined by the King.
In addition, in some bodies, reserve non-commissioned officers are assigned to one of the specialties determined by the King. »
Art. 128. The following amendments are made to section 23 of the Act:
1° in § 1er, the word "mobilized" is deleted;
2° § 2 is repealed.
Art. 129. Section 28 of the Act is replaced by the following provision:
“Article 28. The King shall rule the advancement of reserve non-commissioned officers in accordance with the provisions of Chapter VI and this chapter. »
Art. 130. Section 29 of the Act is replaced by the following provision:
“Article 29. In the armed forces, the advancement of reserve non-commissioned officers takes place in the body or, where appropriate, in the speciality to which they are assigned. »
Art. 131. Section 34 of the Act is replaced by the following provision:
“Article 34. The reserve officer recruited under section 1er cannot be promoted to the ranks of senior officer in the reserve.
However, the non-commissioned officer from the framework of the career non-commissioned officers who has passed the qualification examination referred to in section 39 of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active armed forces may be promoted as a reserve to the rank of Chief Warrant Officer or equivalent grade, subject to the conditions established by the King.
A career non-commissioned officer who is paid in the reserve with an equivalent grade or grade, or with a higher rank of non-commissioned officer may only be promoted in the reserve.
Nominations to the ranks of non-commissioned superior officer shall be submitted to the relevant advance committees in accordance with the regulations applicable to career non-commissioned officers, as set out in sections 39 and 39 bis of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active military force. »
Art. 132. Section 40 of the Act is replaced by the following provision:
“Article 40. The King determines the age at which the non-commissioned officers of the different grades, bodies and, as the case may be, specialties cease to be part of the reserve. »
Art. 133. Section 43 of the Act is replaced by the following provision:
“Article 43. Section 15bis of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active military force is applicable to non-commissioned officers. »
Art. 134. Section 47 of the Act is replaced by the following provision:
“Article 47. For the purposes of the provisions of the status of non-commissioned officers, the medical service is considered a force. »
Art. 135. In the Dutch text of Article 71, § 1er, of the same law, the word "krijsmachtdelen" is replaced by the word "krijgsmacht".
Section 9. - Amendment of the Act of 21 December 1990 on the Status of Military Candidates of the Active Framework
Art. 136. In Article 1er of the Act of 21 December 1990 on the Status of Military Candidates of the Active Framework, the words "land, air and naval forces and medical services" are replaced by the words "armed forces".
Art. 137. Article 7bis, as follows, is inserted in the same law:
"Article 7bis. For the application of the provisions of the status of military candidates of the active framework, the medical service is considered a force. "
Art. 138. In section 9bis of the Act, inserted by the Act of 20 May 1994, the following amendments are made:
1° the words "by force and by language regime" are inserted between the words "staff category" and "number of places";
2° the article is supplemented by the following paragraph:
"The classification of these candidates is done according to the psychometric model referred to in 13bis. »
Art. 139. Article 13bis, as follows, is inserted in the same law:
"Article 13bis. For the category of personnel designated by the King or by the authority it determines, the classification of candidates may be done according to a psychometric model.
This psychometric model takes into account the following criteria: the importance given to the occupation of different places for the armed forces and the probability of success of all candidates for the different training cycles. »
Art. 140. Article 20, paragraph 1erthe following amendments are made:
1° the words "or by body, for special bodies" are inserted between the words "by force" and "the formation cycle";
2° the paragraph is completed as follows:
"Candidates may be classified according to the conditions fixed by the King. »
Art. 141. In section 21 of the Act, as amended by the Act of 20 May 1994, the following amendments are made:
1° in § 2, paragraph 1er, 1°, a) and 2°, a), the words "first sailor" are replaced by the word "master quarter";
2° in § 2, paragraph 1er, 3°, the words "first-class sailor" are replaced by the words "first-hand sailor";
3° § 3 is completed as follows:
"according to the conditions that the King sets. »;
4° § 6 is supplemented by the following paragraph:
"However, this provision is not applicable when the delay during the training cycle is found to be in either an accident or illness as a result of a fact related to the service, or as a result of inconvenience, for the non-commissioned career candidate who follows the training of a light aviation pilot. »;
5° in § 7, paragraph 1er, the words "Paragraph 5 does not apply" are replaced by the words "Paragraphs 5 and 6 do not apply".
Art. 142. In Article 24, § 2, of the Act, replaced by the Act of 20 May 1994, the following amendments are made:
1° in paragraph 1er, the words "or non- Career Officer candidate" are inserted between the words "Career" and "targeted";
2° in paragraph 1er, the words "or career officer" are inserted between the words "career" and "staff";
3° in paragraph 2, the words "or in a special body" are added after the words "other force";
4° § 2 is supplemented by the following paragraph:
"The military candidate of career or complement who, for reasons of physical condition, is not in a position to complete his specific training cycle may, at his request and the conditions fixed by the King obtain from the Chief of Staff of his strength the authorization to continue his training in another specific training cycle of his force in the same quality and in a contemporary promotion. »
Art. 143. Article 25, paragraph 1er, 1°, a), of the same law, replaced by the law of 20 May 1994, in the Dutch text the word "of" is replaced by the word "in".
Section 10. - Amendment of the Act of 20 May 1994 on the status of military personnel in the short term
Art. 144. An article 3bis, which reads as follows, is included in the Act of 20 May 1994 on the status of short-term military personnel:
"Article 3bis. For the application of the provisions of the statute of the short-term military, the medical service is considered a force. "
Art. 145. Section 5 of the Act is supplemented by the following paragraph:
"The short-term member reinstated in accordance with the provisions of section 18, paragraph 2, shall agree to an additional undertaking for the remaining period of the unfinished undertaking referred to in paragraph 1er. For the purposes of the provisions of articles 18, paragraph 1er19, 21, 1°, 24 and 26, § 2, paragraph 1er, 1°, the additional commitment is considered a commitment. »
Art. 146. Article 7bis, as follows, is inserted in the same law:
"Article 7bis. For the category of personnel designated by the King or by the authority it determines, the classification of candidates may be done according to a psychometric model.
This psychometric model takes into account the following criteria: the importance given to the occupation of different places for the armed forces and the probability of success of all candidates for the different training cycles. »
Art. 147. Article 14, § 1erParagraph 1er, the same law is supplemented as follows:
"4° the candidate officer or non-commissioned officer who does not keep at least the medical profile corresponding to his or her class of personnel, appointed by the King;
5° the volunteer candidate who does not retain at least the medical profile for the job in which he is trained, fixed by the King. »
Art. 148. Section 18, paragraph 2, of the Act is supplemented as follows:
"However, the short-term member whose engagement was automatically terminated on the basis of Article 19, paragraph 1er, 3°, a), with a view to following a formation of a military candidate of the active part in a higher category of personnel may be reintegrated to the conditions of moral, physical, material and professional qualities and in the manner determined by the King. »
Art. 149. Article 19, paragraph 1erthe following amendments are made:
1° in 3°, (a), the words "land, air, naval and medical forces" are replaced by the words "armed forces";
2° a 5° is added, as follows:
"5° loss of medical profile for employment in which the short-term volunteer was trained, fixed by the King. »
Art. 150. An article 41bis, as follows, is inserted in the same law:
"Article 41bis. Derogation from the provisions of Article 1er, the short-term member whose third appointment is expiring or who, because of the age limit set by the King, could no longer subscribe to a re-engagement, is authorized on his application to subscribe to a maximum of two one-year appointments.
For the purposes of the provisions of section 26, a short-term member who, as the case may be, has a fourth or a fifth recommitment benefit from the same reclassification and service exemption premiums as the member who performs or has made a third recommitment. "
Section 11. - Amendment of the Act of 20 May 1994 relating to the implementation of the armed forces, the conditionalization, and the periods and positions in which the member may be present
Art. 151. In the Dutch text of article 2, paragraph 2, of the Act of 20 May 1994 on the implementation of the armed forces, the conditionalization, and the periods and positions in which the member may be present, the word "gschil" is replaced by the word "conflict".
Art. 152. An article 3bis, as follows, is inserted in the same law:
"Article 3bis. In times of war, the military candidate in training referred to in Article 10, who has not reached the age of 18, cannot participate in a form of armed operational engagement. »
Art. 153. Section 10, paragraph 4, of the Act is replaced by the following paragraph:
"The sub-position "in assistance" is the sub-position of each member who participates in a mission referred to in Article 3, § 1er, 2°, b). The member referred to in paragraph 1er cannot be in this sub-position "in assistance" except for the performance of missions on the national territory. »
Section 12. - Amendment of the Act of 20 May 1994 on the monetary rights of military personnel
Art. 154. In Article 3 of the Act of 20 May 1994 on the monetary rights of the military, as amended by the Royal Decree of 24 July 1997, a § 3ter is inserted, as follows:
§ 3ter. The member on palliative care leave is not entitled to treatment. However, this member may claim an interruption allowance, the amount and conditions of which are identical to those provided for the non-activity member following a temporary withdrawal of employment by career interruption. »
Art. 155. Section 10 of the Act is replaced by the following provision:
“Article 10. In addition to the treatment, the member in "active service" in peacetime receives, in the sub-positions "intensive service", "assistance" or "operational engagement", an allowance of a daily amount equal to a fraction of the gross annual salary of which the denominator is the number 1850 and whose numerator is fixed by the King.
When in the subheading "assistance" or in the "operational engagement" subheading, the "active service" member shall also receive a daily lump-sum allowance equal to all categories of military personnel and shall be fixed by the King. This amount is multiplied by a coefficient fixed by the King according to the forms of engagement, determined pursuant to Article 3 of the Act of 20 May 1994 on the implementation of the armed forces, on condition, as well as to the periods and positions in which the member may find himself, this coefficient may not exceed 7. »
Art. 156. The following amendments are made to section 11 of the Act:
1° in § 2, paragraph 1er, the words "and to persons outside the army whose presence is required from the military," are inserted between the words "active service" and "in peacetime";
2° it is inserted a § 4, written as follows:
Ҥ4. In addition, the King may, within the framework of restructuring of the Armed Forces or in the event of a situational problem of personnel:
1° grant reclassification or severance benefits to military personnel who, at their request, leave the Armed Forces prematurely;
2° grant recruitment bonuses to military candidates, either at the end of the initial training period or at a time when it sets.
In respect of the allowances referred to in paragraph 1er, 1°, the King may fix:
1 the amount and terms and conditions of award of compensation;
2° by category of personnel, the conditions to which the military must meet in order to be taken into account for the award of these allowances;
3° by category of personnel, the maximum number of military personnel who can benefit from it;
4° the possible terms and conditions of reimbursement if the member no longer meets the prescribed conditions.
Recruitment allowances referred to in paragraph 1er2°, the King can fix:
1 the amount and terms and conditions of award of the bonus;
2° the categories of staff, which may be taken into account for the award of the bonus;
3° the minimum duration for which the beneficiary must remain in active service;
4° the terms and conditions of reimbursement if the person concerned leaves or must leave the armed forces before the expiry of that period for reasons other than:
(a) because it no longer meets the required medical requirements and cannot continue its training;
(b) the termination of the pension due to the final physical inability of any military service. »
Art. 157. Article 14bis, as follows, is inserted in the same law:
"Article 14bis. Military personnel who are in the conditions determined by the King may obtain an advance on treatment.
In order to facilitate the performance of service trips, the CF members may also obtain an advance on the allowances provided for this purpose. "
Section 13. - Amendment of military pension laws coordinated by the Royal Decree of 11 August 1923
Art. 158. Section 58, last paragraph, of the Military Pension Acts coordinated by the Royal Decree of 11 August 1923, as amended by the Acts of 26 May 1948, 2 August 1955, 11 June 1964, 12 July 1973 and 13 July 1976, is replaced by the following paragraph:
"For caporaux-chefs, brigadiers-chefs, master quarters-chefs or caporaux-chefs musician, this activity time is counted from their appointment to the rank of corporal, brigadier, master district or caporal musician. »
Section 14. - Amendment 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, the fixing of the period of return and the recovery by the State of part of the costs granted by the State for training and part of the treatment received during the training
Art. 159. Article 4 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 are made the following amendments:
1° in paragraph 1er, the words "or that has been demitted from office" are inserted between the words "its resignation" and "before";
2° in paragraph 2, the words "or who has been demitted from office" are inserted between the words "his resignation" and "after obtaining".
Art. 160. The following amendments are made to section 5 of the Act:
1° in paragraph 1er, the words "or whose commitment is terminated for disciplinary, moral or professional reasons" are inserted between the words "its commitment" and "before";
2° in paragraph 2, the words "or whose commitment is terminated for disciplinary, moral or professional reasons" are inserted between the words "its commitment" and "before".
Section 15. - Amendment of the Act of 25 May 2000 on the Envelope in Military Personnel
Art. 161. Section 3, 1°, of the Act of 25 May 2000 on the envelope of military personnel is supplemented as follows:
"as long as they are assigned full-time, the general and superior officers attached to the King's person or members of the Royal Family; "
Section 16. - Amendment of the Act of 20 May 1994 on the status of military personnel
Art. 162. Section 90 of the Act of 20 May 1994 on the statutes of military personnel is replaced by the following provision:
“Article 90. § 1er. The member undergoes the medical examinations that are necessary to verify whether he meets the following criteria:
1° the suitability criteria for any military service;
2° the aptitude criteria for the performance of certain functions;
3° the eligibility criteria for certain missions;
4° the eligibility criteria for certain activities.
The King may set the criteria referred to in paragraph 1er by age category and military category. However, the Minister of Defence or his or her delegate may set these criteria in a regulation where there is no monetary benefit directly related to the duties, missions or activities in question.
In addition, the King may:
1° to designate the authorities who may be required to give an opinion as to the medical fitness of the member;
2° designate the competent authorities to determine the medical fitness of the member;
3° fix the procedure leading to the decision on the medical fitness of the member.
§ 2. Except for medical contraindication, the member is subject to prophylactic measures and treatments whose nature, number and terms are fixed by the King.
§ 3. Samples can be collected from the military and stored. These samples may be used only in the context of occupational medicine within the armed forces to investigate the causes of symptoms and conditions that the member or former member suffers and to determine their treatment.
The King sets out the nature and number of samples and the manner in which they are collected, stored and used. »
Section 17. - Amendment of the Act of 25 May 2000 on the laying down of certain military personnel from the active military framework
Art. 163. Section 15 of the Act of 25 May 2000 on the lay-off of certain military personnel from the active military framework is supplemented by the following paragraph:
"The lay-off can be granted from 1er July 2001 to 31 December 2002 inclusive to General Officers whoer January 2001, meet the requirement of Article 2, paragraph 1er, 3°, a). »
CHAPTER II. - Special provisions
Art. 164. In all laws and orders relating to the armed forces and their personnel, it is necessary to replace the words "boat force" with the word "marine". The King may bring laws relating to the armed forces and his staff in line with this terminology.
For the application of the provisions of the laws and decrees relating to the armed forces, the navy is considered a force.
Art. 165. Sections 18 to 21 apply to members of the police force.
Sections 18 to 24, 34 to 120, 136 to 143 and 154 apply to military personnel transferred to the administrative and logistical corps of the gendarmerie.
CHAPTER III. - Transitional and final provisions
Art. 166. The appellation of the grade is modified, with maintaining the oldness:
1° in "first deck" for the member wearing the rank of first class deckhand;
2° in "master's quarter" for the military wearing the rank of first sailor;
3° in the "Headmaster Quarter" for the member dressed in the rank of Master Quarter;
4° in the "first quarter-master-leader" for the military dressed in the rank of quarter-master-leader.
Art. 167. The King shall determine the transitional arrangements necessary for the application of the provisions of this Act.
Art. 168. The King sets the effective date of sections 2 to 17 and 23 no later than 1er September 2002.
The King shall determine the date of entry into force of sections 26 to 33, 42 to 47, 49, 51 to 53, 56, 65 to 67, 73 to 78, 80, 84, 85, 87 to 89, 91 to 93, 99, 102, 105, 108, 126, 127, 129 to 132, 141, 158, 162 and 166 of this Act.
Section 95 of this Act produces its effects on 1er January 2000.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 22 March 2001.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001
House of Representatives.
Parliamentary documents. - Bill No. 975/1. - Amendments, nbones 975/2, 975/3, 975/6. - Report, no. 975/4. - Text adopted by the Commission, No. 975/5.