23 MARCH 2001. - An Act to amend the leave legislation for the exercise of a political mandate, with respect to the bourgmestre, the chevins, the president and members of the district councils office and the president of the CPAS and to establish an additional social status for the president of the CPAS (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Section 1^re. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Section 2. - Political leave
for the exercise of a local executive mandate
Art. 2. Article 2, § 1^er, from the law of July 19, 1976 establishing a leave for the exercise of a political mandate, the words "of a district council" are inserted between the words "of a communal council" and the words "of a cultural commission of the Brussels agglomeration".
Art. 3. Article 2, § 2, of the same law is replaced by the following provision:
“§2. § 1^er is not applicable to permanent members. "
Art. 4. Article 3, paragraph 1^erthe same law, as amended by the Act of 4 May 1999, is replaced by the following provision:
"The King shall, after the advice of the National Labour Council, establish for each of the mandates or functions listed in section 2, except for the term or function of a town, alderman, a president or a member of a district council office or a president of a public welfare centre, and according to the criteria and conditions it determines:
- the duration of the uninterrupted period or periods;
- the maximum number of working days or working days per month;
which are considered political leave. "
Art. 5. An article 4bis, which reads as follows, is inserted in the same law:
"Art. 4bis. § 1^er. A worker who fulfills the function or mandate of a burial, alderman, alderman, a president or a member of a district council office or a president of a public welfare centre has the right, for the exercise of his or her mandate or function, to abstain from work for a maximum of two days a week.
The King may determine the manner in which this right is exercised.
§ 2. A worker who fulfills the function or mandate of a burial, alderman, alderman, a president or a member of a district council office or a president of a public welfare centre has the right for the exercise of his or her function or mandate to completely suspend the performance of his or her employment contract for the duration of his or her term or office. This right is granted only for the exercise of a single mandate or function.
The duration of the suspension shall be at least 12 months; the suspension may, if any, be repeated several times, with or without interruption between the periods, each time for a period of at least 12 months.
The King sets out the procedures for exercising this right.
§ 3. The King may, by order deliberately in the Council of Ministers, take the necessary measures to adapt the social security legislation to the benefit of workers who have used the right referred to in §§ 1^er and 2. "
Art. 6. Section 6bis of the Act, inserted by the Act of 4 May 1999, is repealed.
Art. 7. Section 100ter of the Recovery Act of January 22, 1985, inserted by the Act of August 12, 2000, is repealed.
Art. 8. In section 101 of the Act, last amended by the Act of 12 August 2000, the following amendments are made:
A. in paragraph 1^erthe words "in accordance with articles 100, paragraph 1^er, 100bis and 100ter are replaced by the words "under articles 100, paragraph 1^erand 100bis;
B. in paragraph 2, second dash, the words "in case of application of articles 100bis, 100ter and 105, § 1^er are replaced by the words "in case of application of Article 100bis and 105, § 1^er »;
C. in paragraph 3, the words "the suspension referred to in sections 100, 100bis, 100ter" are replaced by the words "the suspension referred to in sections 100 and 100bis".
Art. 9. In section 101bis of the Act, last amended by the Act of 12 August 2000, the words "as provided for in sections 100, 100bis and 100ter" are replaced by the words "as provided for in sections 100 and 100bis".
Section 3. - A supplementary social status
for presidents of public social welfare centres
Art. 10. In section 19, § 4, of the new communal law, inserted by the law of 4 May 1999 and replaced by the law of 12 August 2000, the following amendments are made:
A) paragraph 2 is replaced by the following provision:
"The contributions of the worker and the employer referred to in Article 38, § 2, 2°, 3°, 4°, and § 3, 2°, 3° and 4°, of the Act of 29 June 1981 establishing the general principles of social security of workers and Article 18 of the Royal Decree of 25 October 1985 carrying out Chapter 1^erSection 1 of the Act of 1^er August 1985 with social provisions, calculated on the amount of their full treatment, are reported and paid to the National Social Security Office of provincial and local governments. »;
B) in paragraph 3, the word "benefit" is replaced by the words "may benefit".
Art. 11. In the Act of 29 June 1981 establishing the general principles of social security for employed workers, as amended at a later date, an article 37bis, which reads as follows:
"Art. 37bis. - If the presidents of the public welfare centres or their substitutes are not subject to the law of 27 June 1969 revising the decree-law of 28 December 1944 concerning the social security of the workers under their employment activity or to the royal decree no. 38 of 27 July 1967 organizing the social status of the independent workers under their independent activity, and only without the application of this provision, they shall not benefit
The contributions of the worker and the employer referred to in Article 38, § 2, 2°, 3°, 4° and § 3, 2°, 3° and 4°, of this Act and Article 18 of the Royal Decree of 25 October 1985 carrying out Chapter 1^erSection 1 of the Act of 1^er August 1985 with social provisions, calculated on the amount of their full treatment, are reported and paid to the National Social Security Office of provincial and local governments.
If, after the end of their term of office, the presidents of the public social welfare centres or their replacements, as well as the former presidents of CPAS and their replacements, can only benefit from compulsory health care insurance benefits pursuant to section 32, 15°, of the Compulsory Health Care and Allowance Insurance Act, coordinated on July 14, 1994, the personal contributions due under this provision are paid by the public health care centre
The King shall, by order deliberately in the Council of Ministers, establish the modalities for the execution of this provision. "
Art. 12. Section 4 of the Labour Accidents Act of 10 April 1971, as amended by the Act of 12 August 2000, is supplemented as follows:
"5° to the presidents of the public social welfare centres and their substitutes referred to in Article 37bis of the Law of 29 June 1981 establishing the general principles of social security of the employed workers. "
Art. 13. Article 2, § 1^erActs on compensation for damage caused by occupational diseases, coordinated on 3 June 1970, as amended by the Act of 12 August 2000, are supplemented as follows:
"(e) to the presidents of the public social welfare centres and their substitutes referred to in Article 37bis of the Law of 29 June 1981 establishing the general principles of social security for wage workers. "
Art. 14. Article 1^er§ 2, paragraph 1^erof the law of 1^er August 1985 with social provisions, replaced by Royal Decree No. 502 of 31 December 1986 and amended by the laws of 20 July 1991 and 12 August 2000, is supplemented as follows:
"8° the contributions due under section 37bis of the Act of 29 June 1981 establishing the general principles of social security for employees. "
Art. 15. Article 3, paragraph 2, of the Family Allowance for Employees Acts, coordinated on 19 December 1939, inserted by law 12 August 2000,
"The public social welfare centres are also subject to these Acts for the presidents of the public social welfare centres and their substitutes referred to in Article 37bis of the Act of 29 June 1981 establishing the general principles of social security for employed workers. "
Art. 16. In the same coordinated laws, an article 32quater is inserted, which reads as follows:
"Art. 32quater. - The National Social Security Office of the provincial and local governments provides family benefits to the presidents of the public social welfare centres and their replacements referred to in Article 37bis of the Act of 29 June 1981 establishing the general principles of social security for employed workers. "
Art. 17. Section 32 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, last amended by the Act of 12 August 2000, is repealed.
Art. 18. This Act comes into force on 1^er January 2001, with the exception of sections 11 to 16 that come into force on 1^er April 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 March 2001.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Minister of Social Affairs,
F. VANDENBROUCKE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) House of Representatives:
Documents:
Doc 50 1010-2000/2001:
001: Bill by Mr. Bonte et al.
002: Text adopted in plenary and transmitted to the Senate.
Full report: 21 December 2000.
Senate:
Documents:
2-608-2000/2001:
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Amendments.
No. 6: Supplementary report.
No. 7: Text amended by the commission.
No. 8: Amended text refers to the Senate and referred to the House of Representatives.
Annales du Sénat : 1^er February 2001.
House of Representatives:
Documents:
Doc 50 1010-2000/2001:
003: Draft amended by the Senate. (No commission report)
004: Text adopted in plenary and subject to Royal Assent.
See also:
Full report: 22 February 2001.