Law Amending The Legislation On Leave For The Exercise Of A Political Mandate, With Respect To The Mayor, Aldermen, President And Members Of The Office Of The District Councils And The President Of The Cpas And Introducing A Su Social Status

Original Language Title: Loi modifiant la législation relative au congé pour l'exercice d'un mandat politique, en ce qui concerne le bourgmestre, les échevins, le président et les membres du bureau des conseils de district et le président du CPAS et instaurant un statut social su

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Posted the: 2001-04-05 Numac: 2001012204 Ministry of employment and labour 23 March 2001. -Law amending the legislation on leave for the exercise of a political mandate, with respect to the Mayor, aldermen, president and members of the office of the district councils and the president of the CPAS and establishing a social status suppletive for the president of CPAS (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: section 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Section 2. -Leave policy for the exercise of a local executive mandate art. 2 A article 2, § 1, of the Act of 19 July 1976 establishing a leave for the exercise of a political mandate, the words "of a district Council," are inserted between the words "Municipal Council" and the words "a Committee on culture of the agglomeration of Brussels.
S. 3. article 2, § 2, of the Act is replaced by the following provision: "§ § 2 2» The § 1 is not applicable to permanent members. ».
S. 4. article 3, paragraph 1, of the Act, as amended by the Act of 4 May 1999, is replaced by the following provision: "the King fixed after consultation with the national Council of labour, for each of the mandates or each of the features listed in article 2, except for the mandate or function of Mayor, Alderman, Chairman or member of a Council president of public social assistance centre or district office , and according to criteria and conditions it determines:- either the duration of the uninterrupted periods;
- either the maximum number of days of work or parts of days of work per month;
which are considered as leave policy. ».
S. 5 article 4bis, which read as follows, shall be inserted in the Act: «art.» 4bis. - § 1. The worker who fulfils the function or the mandate of Mayor, Alderman, president or member of a Council of district or public social assistance centre president office has the right to exercise its mandate or its function to be absent from work for a maximum of two working days per week.
The King may lay down the procedure for the exercise of this right.
§ 2. The worker who fulfils the function or the mandate of Mayor, Alderman, president or member of a Council of district or public social assistance centre president office has the right to exercise its function or its mandate to completely suspend her employment contract for the duration of its mandate or its function. This right is granted for the exercise of a single term or a single function.
The period of suspension shall be at least 12 months; the suspension may, where applicable, be repeatedly renewed, with or without interruption between the periods, each time for a period of at least 12 months.
The King lays down the procedures for the exercise of this right.
§
3. The King may, by deliberate order in Council of Ministers, take the necessary measures to adapt the legislation on social security for the benefit of workers having made use of the right referred to in §§ 1 and 2. ».
S. 6. article 6bis of the Act, inserted by the law of May 4, 1999, is repealed.
S. 7. article 100ter of the Act, relief from 22 January 1985, inserted by the Act of 12 August 2000, is repealed.
S. 8A section 101 of the Act, as last amended by the Act of 12 August 2000, the following changes are made: a. in paragraph 1, the words "pursuant to articles 100, paragraph 1, 100bis and 100ter» are replaced by the words" pursuant to articles 100, paragraph 1 and 100bis»
B. in paragraph 2, second indent, the words "in case of application of articles 100bis, 100ter and 105, § 1" are replaced by the words "in case of application of article 100bis and 105, § 1";
C. in paragraph 3, the words "the suspension referred to in articles 100, 100bis and 100ter" are replaced by the words "the suspension referred to in articles 100 and 100bis.
S. 9 article 101bis of the Act, as last amended by the Act of 12 August 2000, the words "laid down in articles 100, 100bis and 100ter" are replaced by the words "under articles 100 and 100bis.
Section 3. -Supplementary social status for the Chairmen of the public social assistance centres art.
(10A article 19, § 4, of the new Municipal Act, inserted by the Act of 4 May 1999 and replaced by the law of August 12, 2000, the following changes are made: A) paragraph 2 is replaced by the following provision: "the worker and the employer contributions referred to in article 38, § 2, 2 °, 3 °, 4 °, and § 3, 2 °, 3 ° and 4 ° of the law of 29 June 1981 laying down the General principles of social security of workers and article 18 of the royal decree of 25 October 1985 on the implementation of Chapter 1, section 1, of the Act of 1 August 1985 social provisions, calculated on the amount of their full salary, are declared and paid to the national provincial and local social security Office.
»;
(B) in paragraph 3, the word "received" is replaced by the words 'may benefit.
S. 11. in the law of 29 June 1981 laying down the General principles of social security for employed persons, as it was modified later, it is inserted an article 37bis, read as follows: «art.» 37bis.-If the Chairmen of the public social assistance centres or their replacements are not subject to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning social security for workers under their activity employed or to order royal No. 38 of 27 July 1967 organizing the social status of the self-employed under their independent activity ((((, and that without the application of this provision, they would benefit in health care that on payment of additional contributions, they are subject by the public Center of social assistance schemes compulsory health care and insurance benefits, unemployment benefits and family allowances referred to in article 5 (1)) a, b), e) and (f)) , of the aforementioned law of June 27, 1969.
The worker and employer contributions referred to in article 38, § 2, 2 °, 3 °, 4 ° and § 3, 2 °, 3 ° and 4 °, of the Act and section 18 of the royal decree of 25 October 1985 on the implementation of Chapter 1, section 1, of the Act of 1 August 1985 concerning social provisions, calculated on the amount of their comprehensive treatment are declared and paid to the national Office of social security for provincial and local governments.
If, after the end of their mandate, the Chairmen of the public social assistance centres or their replacements as well as former presidents of CPAS and their replacements do not qualify for insurance benefits mandatory health care that, pursuant to article 32, 15 °, of the law on compulsory insurance health care and benefits, coordinated on July 14, 1994 personal contributions due under this provision are supported by the public, social assistance centre where they exercised their last term.
The King sets, by Decree deliberated in the Council of Ministers, the implementing of this provision. ».
S.
12. article 4 of the Act of 10 April 1971 on accidents at work, as amended by the Act of 12 August 2000, is supplemented as follows: «5 ° to the Chairmen of the public social welfare centres and alternates referred to in article 37bis of the law of 29 June 1981 laying down the General principles of social security for employed persons.».
S. 13. article 2, § 1, laws with respect to compensation for damage resulting from occupational diseases, coordinated June 3, 1970, as amended by the Act of 12 August 2000, is hereby amended as follows: ' e) the Chairmen of the public social welfare centres and alternates referred article 37bis of the law of 29 June 1981 laying down the General principles of social security for workers. "
S.
14. article 1, § 2, paragraph 1, of the Act of 1 August 1985 concerning social provisions, replaced by order royal No. 502 of December 31, 1986 and amended by the law of 20 July 1991 and August 12, 2000, is completed as follows: «8 ° contributions due under article 37bis of the law of 29 June 1981 laying down the General principles of social security for employed persons.».
S. 15. article 3, paragraph 2, of laws relating to family allowances for employed persons, coordinated on 19 December 1939, inserted by the Act of 12 August 2000, 'the public social assistance centres are also subject to these laws for the Chairmen of the public social welfare centres and alternates referred to in article 37bis of the law of 29 June 1981 laying down the General principles of social security for employed persons.'.
S. 16. in the same acts, it is inserted an article 32quater, worded as follows: «art.» 32quater. - the national Office of social security for provincial and local governments grants family benefits to the Chairmen of the public social welfare centres and alternates referred to in article 37bis of the law of 29 June 1981 laying down the General principles of social security for employed persons. ».
S. 17 article 32 of law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, as last amended by the Act of 12 August 2000, 21 ° is repealed.
S. 18 this Act comes

effective January 1, 2001, with the exception of articles 11 to 16 which come into force on April 1, 2001.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on 23 March 2001.
ALBERT by the King: the Minister of employment, Ms. L. ONKELINX. the Minister of Social Affairs, F. VANDENBROUCKE sealed with the seal of the State: the Minister of Justice, M.
VERWILGHEN _ Notes (1) House of representatives: Documents: Doc 50 1010-2000/2001: 001: Bill of Mr. Bonte and others.
002: Text adopted in plenary meeting and transmitted to the Senate.
Full report: December 21, 2000.
Senate: Documents: 2-608-2000/2001: No. 1: draft transmitted by the House of representatives.
No. 2: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: amendments.
No. 6: Supplementary report.
No. 7: The text amended by the commission.
No. 8: Amended text talking about Senate and returned to the House of representatives.
Annals of the Senate: February 1, 2001.
House of representatives: Documents: Doc 50 1010-2000/2001: 003: draft amended by the Senate. (Without report of commission) 004: text adopted in plenary meeting and submitted to Royal assent.
See also: full report: February 22, 2001.