Advanced Search

Law Establishing A Voluntary Plan Of Work Of The Four-Day Week And The Early Departure Plan Part-Time For Some Military And Amending The Status Of The Military To Establish Temporary Retirement By Interruption Of Ca

Original Language Title: Loi instaurant le régime volontaire de travail de la semaine de quatre jours et le régime du départ anticipé à mi-temps pour certains militaires et modifiant le statut des militaires en vue d'instaurer le retrait temporaire d'emploi par interruption de ca

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

25 MAI 2000. - An Act to introduce the four-day voluntary work plan and the half-time early departure regime for certain military personnel and to amend the status of military personnel with a view to establishing temporary employment withdrawal by career interruption (1)



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. - Voluntary work regime
four-day week
Art. 2. § 1er. The member of a career or supplement has the right to perform benefits in the voluntary work plan for the week of four days, provided that:
1° to apply for this purpose;
2° to be in active service at the time of introducing his application, without being in mobility or being used, without being made available, either from the gendarmerie or from a public service and without occupying a function whose remuneration is not borne by the budget of the Ministry of National Defence.
3° not to be used in an international or interallied organization;
4° not to serve in a function or in a military unit or organization that the King excludes, for operational reasons, from the voluntary working regime of the four-day week.
However, the member excluded from the right referred to in paragraph 1er by the application of the provisions of paragraph 1er, 2°, may obtain from his employer the authorization to perform benefits in the voluntary work plan of the week of four days.
§ 2. In the voluntary work plan for the four-day week, the benefits are performed four working days a week for a period of one year.
Each period is renewable for one year.
Art. 3. The King sets out the procedures for the application and renewal of the application and the exercise of the work regime referred to in section 2.
The King shall designate the competent military authority to find that the conditions for the opening of the right referred to in Article 2, § 1erParagraph 1er, are completed, as well as the competent authority to grant the work regime in the case referred to in Article 2, § 1erParagraph 2.
Art. 4. With a written notice of three months, the member may terminate the work regime referred to in section 2, unless the military authority referred to in section 3, paragraph 2, accepts a shorter period of time.
Art. 5. § 1er. The work plan referred to in section 2 automatically ends without notice:
1° when mobilization is decreed;
2° when the war period is decreed;
3° where exceptional circumstances require it, by decision of the Council of Ministers;
4° when the member passes in the early departure regime in the mid-time;
5° when the member obtains a career termination leave or is available.
§ 2. With a written notice of three months, the working regime referred to in Article 2 shall terminate by a reasoned decision of the military authority designated by the King in the event of a transfer to an international or interallied body, or to a function, unit or military organization excluded from the voluntary work regime of the four-day week.
The member concerned may waive the benefit of this notice.
Art. 6. § 1er. The work plan referred to in Article 2 shall be suspended automatically and without notice for the period necessary:
1° in case of participation in professional courses or examinations established by the King;
2° in the event of an operational commitment in the form of a maintenance of order;
3° in case of participation in a assistance mission in the national territory;
4° on notice for a situation referred to in 2° and 3°;
5° where the member concerned is called to appear before a military court in any capacity;
6° where the member concerned is hospitalized or is present for consultation or medical examinations in medical or military hospital training;
7° in the case of maternity or foster leave;
8° in case of temporary withdrawal of employment on health grounds, for family reasons or by disciplinary measure;
9° in case of suspension by order.
§ 2. With a written notice of three months, the working regime referred to in section 2 is suspended, for the period necessary, by a reasoned decision of the military authority designated by the King:
1° in case of participation in another course than those referred to in § 1er1°;
2° in case of placing in the "in intensive service" subheading;
3° in the case of a assistance mission outside the national territory or participation in another form of operational engagement than that referred to in § 1erTwo.
The member concerned may waive the notice referred to in paragraph 1er.
§ 3. The work regime referred to in Article 2 is suspended to allow the member concerned to participate in any social activity or public relations of one day, on the motivated proposal of the head of body and as long as the member concerned signs his agreement.
§ 4. This suspension does not extend the period of one year fixed in Article 2, § 2, paragraph 1er.
However, where the required duration does not exceed four consecutive days during which benefits were normally not to be performed within the four-day week, the work plan referred to in section 2 is maintained.
Additional benefits under this framework are compensated in periods of absence as a leave, according to a deferral system established by the King.
Art. 7. The member who performs benefits in the work plan referred to in section 2 is on active duty.
The absence period is assimilated to leave.
Art. 8. § 1er. The member who performs benefits in the voluntary work plan for the week of eighty per cent of the total salary, as described below as "reduced treatment".
However, where the work plan referred to in paragraph 1er is suspended and the member performs benefits during the entirety of one day during which he should not have performed benefits within the four-day week, in accordance with the provisions of Article 6, §§ 1er to 3, and without these benefits being compensated in time in accordance with the provisions of Article 6, § 4, the reduced salary shall be increased by four or five per cent of the total salary per full day completed, as for the calendar month concerned the number of days in which it should not have performed benefits shall be five or four, respectively.
§ 2. The member referred to in § 1erParagraph 1er, receives a further treatment which the King fixes the amount. This treatment supplement is fully part of the reduced treatment.
However, the member concerned may voluntarily waive the additional treatment.
The law of 1er March 1977 organising a regime of connection to the UK Consumer Price Index of certain expenditures in the public sector, is applicable to the supplemental treatment.
The additional treatment is reduced to competition when the member has benefited from a reduced salary increase as provided in § 1erParagraph 2.
§ 3. The King shall determine the execution of the provisions of this Article.
Art. 9. For the calculation of retirement pension or survival pension, the period of absence under the work plan referred to in section 2 is counted as active service and is considered as time of activity in the grade for the purposes of section 58 of the coordinated laws on military pensions.
Where applicable, for the member under the work plan referred to in section 2 at the time of the grant of the pension, the pension or survival pension shall be calculated on the basis of the salary that the member concerned would have had if he had not benefited from the voluntary work plan for the four-day week.
Art. 10. The application referred to in Article 2, § 1erParagraph 1er, 1°, can be introduced at any time.
CHAPTER II. - From early to midtime
Art. 11. Quarry or supplemental member has the right to perform benefits in the advance half-time plan provided that:
1° to apply for this purpose;
2° to be in active service at the time of introducing his application, without being in mobility or being used, without being made available either from the gendarmerie or from a public service and without occupying a function whose remuneration is not borne by the budget of the Ministry of National Defence;
3° not to be used in an international or interallied organization;
4° not to serve in a function or in a military unit or organization that the King excludes, for operational reasons, from the regime of early departure to mid-time;
5° to have no longer to serve for a period of not more than five years on the date on which the early-half-time departure regime takes place.
However, the member excluded from the right referred to in paragraph 1er by the application of the provisions of paragraph 1er, 2°, may obtain from his employer the authorization to perform benefits in the early-earning half-time plan.
Art. 12. The King sets out the procedures for the application procedure and the exercise of the working regime referred to in Article 11.
The King shall designate the competent military authority to find that the conditions for the opening of the right referred to in Article 11, paragraph 1er, are completed, as well as the competent authority to grant the work plan in the case referred to in Article 11, paragraph 2.
Art. 13. The work plan referred to in Article 11 automatically ends without notice:
1° when mobilization is decreed;
2° when the war period is decreed.
3° where exceptional circumstances require it, by decision of the Council of Ministers;
4° when the member obtains a career termination leave.
Art. 14. § 1er. The work plan referred to in Article 11 shall be suspended automatically and without notice for the period necessary:
1° in the event of an operational commitment in the form of a maintenance of order;
2° in case of participation in a assistance mission in the national territory;
3° on notice for a situation referred to in 2° and 3°;
4° in the case of maternity or foster leave;
5° in case of temporary withdrawal of employment on health grounds, for family reasons or by disciplinary measure;
6° in case of suspension by order.
With a written notice of three months, the working regime referred to in Article 11 shall be suspended, for the period necessary, by a reasoned decision of the military authority designated by the King:
1° in case of participation in a course;
2° in the case of a assistance mission outside the national territory or participation in another form of operational engagement than that referred to in paragraph 1er1°.
The member concerned may waive the notice referred to in paragraph 2.
§ 2. However, where the necessary duration referred to in § 1er does not exceed five days in the same month, the work plan referred to in section 11 is maintained.
Additional benefits under this framework are compensated in periods of absence as a leave, according to a deferral system established by the King.
Art. 15. The member who performs benefits under the pre-earning half-time plan is on active duty.
The absence period is assimilated to leave.
Art. 16. The member in the early-earning half-time plan no longer participates in the advance unless the advance occurs by service seniority.
It can no longer be proposed to progress committees and can no longer participate in progress examinations or competitions.
Art. 17. § 1er. The member who performs benefits in the early-to-half-time plan receives fifty percent of the total salary.
§ 2. The member concerned also receives a monthly allowance for which the King sets the amount. However, it may voluntarily waive this allowance.
The law of 1er March 1977, organizing a regime for linking the UK Consumer Price Index with certain expenditures in the public sector, is applicable to this monthly allocation.
In derogation from Article 30, § 1er, from the Royal Decree of 28 November 1969, enacted in accordance with the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, for the calculation of social security contributions, it is not taken into account the allowance referred to in paragraph 1er.
§ 3. When the work regime referred to in § 1er terminates or is suspended, the member is considered to be performing full-time benefits.
The monthly allowance referred to in § 2, paragraph 1er, is reduced to due competition for the period during which the member has completed full-time benefits.
§ 4. The King shall determine the execution of the provisions of this Article.
Art. 18. For the calculation of retirement pension and survival pension, the period of absence under the plan referred to in section 11 is counted as active service and is considered as time of activity in the grade for the purposes of section 58 of the coordinated laws on military pensions.
Where applicable, for the member in the plan referred to in section 11 at the time of the grant of the pension, the pension or survival pension shall be calculated on the basis of the salary that the member concerned would have had had if he had not benefited from the pre-earning half-time plan.
Art. 19. The application referred to in Article 11, 1°, may be filed at any time.
CHAPTER III. - Temporary adaptation of regulatory provisions
temporary withdrawal of employment by career interruption
Art. 20. § 1er. The provisions of this chapter shall apply to a career officer or supplement officer, with the exception of a medical officer, a pharmacist officer, a dentist and a veterinary officer, and to a career or supplement officer who meets the following conditions:
1° to apply for this purpose;
2° be in active service at the time of its application, without being in mobility or used and without being made available either from the gendarmerie or from a public service and without having a function whose remuneration is not borne by the budget of the Ministry of National Defence;
3° having completed at least fifteen years of active service as a member or military candidate of the active, unsuccessful framework.
However, the King may lift the exclusion referred to in paragraph 1er for certain categories of medical officers, pharmacists, dentists and veterinarians that He determines.
§ 2. Temporary employment withdrawals by career interruption granted during the period referred to in § 3, paragraph 1er, comply with the provisions governing the temporary withdrawal of employment by career interruption, with the exception of the provisions set out in Article 21.
§ 3. The application referred to in § 1erParagraph 1er, 1°, must be introduced:
1° no later than 19 August 2000 for officers;
2° no later than August 19, 2001 for non-commissioned officers.
By means of a deliberate royal decree in the Council of Ministers, the King may extend the periods during which the above-mentioned request may be introduced, depending on the evolution of departures.
By means of a royal decree deliberated in the Council of Ministers, the King may shorten these periods, extended or not, for officers, when the staff envelope stabilizes at 5,000 active officers, and for non-commissioned officers, when the staff envelope stabilizes at 15,000 non-commissioned officers in active service, depending on the evolution of departures and recruitments.
The temporary withdrawal of employment referred to in § 2 shall take effect no later than the first day of the fourth month following the deadline for the introduction of an application.
Art. 21. § 1er. The duration of temporary employment withdrawal by career interruption is not more than five years.
This duration is split into two periods, respectively three and two years.
In peacetime, the career interruption cannot be withdrawn by the Minister of Defence.
§ 2. The provisions of Article 20 of the Act of 14 January 1975 concerning the regulation of discipline of the armed forces shall apply to a member who is temporarily retired from employment by career interruption referred to in Article 20, paragraph 2. However, prior authorization from the Minister of Defence is required for the exercise of any lucrative activity.
However, the officer may not exercise any private employment, occupation or occupation in the field of the production or trade of arms, ammunition and war materials, referred to in Article 223, § 1er(b) of the Treaty of 25 March 1957 establishing the European Community.
§ 3. If the member conducts a lucrative activity without the prior authorization referred to in § 2, paragraph 1er, the period, rounded up in whole months, during which the lucrative activity was exercised is not taken into account for the calculation of the pension.
§ 4. During the second two-year period referred to in § 1er, paragraph 2, the member concerned ceases to benefit from the interruption allowance.
§ 5. For the member who after the period of temporary employment withdrawal by career interruption referred to in § 1er requests the valuation of this period in the military pension plan, the full period of this temporary withdrawal of employment by career interruption, in derogation from article 2bis of Royal Decree No. 442 of 14 August 1986 concerning the impact of certain administrative positions on the pensions of public service agents, inserted by section 34 of this Act and section 56bis of the coordinated laws on military pensions, inserted by the
The transfer of the private-sector pension plan to the public-sector pension plan for the benefit of the above-mentioned member who has a profit activity referred to in § 2 shall be carried out pursuant to Article 1er of the Act of 5 August 1968 establishing certain relationships between public-private pension plans.
The member addresses his application for valuation referred to in paragraph 1er at the Pension Administration of the Ministry of Finance within twelve months of the end of the temporary withdrawal of employment by career interruption.
The provisions of this paragraph shall apply only to a member who has applied for valuation.
Art. 22. At the end of the five years referred to in Article 21, § 1er, the member who makes the application obtains a temporary withdrawal of employment for personal convenience of up to four years.
Art. 23. § 1er. At the end or during the temporary withdrawal of employment by career interruption referred to in section 21, paragraph 1er, or at the end or during the temporary withdrawal of employment for personal convenience referred to in section 22, the member who makes the application is returned to active service, with the rank and seniority in that grade which he was wearing at the beginning of the temporary withdrawal of employment by career interruption.
§ 2. When this recovery in active service occurs less than five years from the age-limited pension date, the member concerned is automatically laid off until the pension is placed. However, the five-year period is limited to one year when the member concerned is a junior officer.
The provisions of sections 4 to 9 of the Act of 25 May 2000 relating to the laying-off of certain military personnel from the active armed forces are applicable to the member who is automatically laid-off in accordance with the provisions of paragraph 1er.
In derogation from section 10 of the Act, a member who is automatically laid off may not exercise, either by himself or by interposed persons, any public or private employment, occupation or occupation, unless he or she exercises them free of charge. In addition, it cannot accept any warrant or lend any service even free of charge to a for-profit business.
In derogation from section 9 of the Act, the lay-off period shall be taken into consideration only up to eight tenths of the normal duration for the calculation of the military retirement and survival pension of the member that is automatically laid-off.
Art. 24. The King sets out the procedures for the application and award procedure:
1° of a temporary withdrawal of employment by career interruption referred to in Article 20, § 2;
2° of a temporary withdrawal of employment for personal convenience referred to in section 22;
3° of recovery in active service, referred to in section 23.
CHAPTER IV. - Amendments
Section I. - Amendment of the Act 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. 25. Article 14, 1°, 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, is replaced by the following text:
"1° at the request of the officer, either for personal convenience or by career interruption; "
Art. 26. In section 15 of the Act, amended by the Acts of 28 December 1990 and 20 May 1994, the following amendments are made:
1° paragraph 2 is replaced by the following paragraph:
"A temporary withdrawal or extension is requested for a period of three, six, nine or twelve months. »;
2° Paragraph 4 is replaced by the following paragraph:
"In the event of a mobilisation or during a war, officers cannot obtain a temporary withdrawal of employment at their request. The same applies to officers who in peacetime are in the "operational engagement" sub-position or are on notice for this commitment. »;
Paragraph 5 is replaced by the following paragraph:
"Temporary withdrawals of employment granted on demand automatically end, without notice, in times of war or in case of mobilization. »;
4th paragraph 6 is supplemented as follows: "for this commitment".
Art. 27. In the same law, an article 15bis, as follows, is inserted:
Art. 15bis, § 1er. Officers who request it may obtain from the Minister of Defence an interruption in their career.
§ 2. Any career interruption or extension is requested for a period of three, six nine or twelve months.
Except for exceptional reasons to be appreciated by the Minister of Defence, the duration of all career interruptions may not exceed a total of thirty-six months during the officer's career.
§ 3. In the event of a mobilisation or a war, officers may not get an interruption in their career. The same applies to officers who in peacetime are in the "operational engagement" sub-position or are on notice for this commitment.
Career interruptions granted automatically end, without notice, in times of war or in case of mobilization.
In times of peace, career interruptions may, in exceptional cases and as long as the need for staff cannot be met in any other way, be withdrawn in the event of an operational engagement or notice to this commitment.
§ 4. An officer who interrupts his or her career may not practise either by himself or by interposed persons, any employment, profession or public or private occupation, unless he or she exercises them free of charge, or if it is the exercise of an independent activity.
In addition, it cannot accept any warrant or lend any service even free of charge to a for-profit business.
However, the officer retains the benefit of a particular exemption granted in accordance with the provisions of section 19 of the Act of 14 January 1975, which regulates the discipline of the armed forces, before the commencement of the career interruption.
The jobs or activities referred to in the preceding subparagraphs may in no case be exercised in the field of the production or trade of arms, ammunition and war equipment referred to in Article 223, § 1er(b) of the Treaty of 25 March 1957 establishing the European Community. "
Section II. - 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. 28. Section 16, 1°, of the Act of 27 December 1961 on the status of non-commissioned officers of the active force of the land, air and naval forces and of the medical service, is replaced by the following text:
"1° at the request of the non-commissioned officer, either for personal convenience or for career interruption; "
Art. 29. In section 17 of the Act, as amended by the Acts of 28 December 1990 and 20 May 1994, the following amendments are made:
1° paragraph 2 is replaced by the following paragraph:
"A temporary withdrawal or extension is requested for a period of three, six, nine or twelve months. »;
2° Paragraph 4 is replaced by the following paragraph:
"In the event of a mobilisation or during a war, non-commissioned officers may not obtain a temporary withdrawal of employment at their request. The same applies to non-commissioned officers who in peacetime are in the "operational engagement" subheading or are on notice for this commitment. »;
3° in paragraph 5, the introductory sentence is supplemented as follows:
"Temporary withdrawals of employment granted on demand automatically end, without notice, in times of war or in case of mobilization. »;
Paragraph 5 is supplemented as follows: "for this commitment".
Art. 30. In the same law, an article 17bis, as follows, is inserted:
"Art 17bis. Non-commissioned officers who request it may obtain from the Minister of Defence an interruption in their career.
§ 2. Any career interruption or extension is requested for a period of three, six nine or twelve months.
Except for exceptional reasons to be appreciated by the Minister of Defence, the duration of all career interruptions may not exceed a total of thirty-six months during the career of the non-commissioned officer.
§ 3. In the event of a mobilization or war, non-commissioned officers may not obtain an interruption in their careers. The same applies to non-commissioned officers who in peacetime are in the "operational engagement" subheading or are on notice for this commitment.
Career interruptions granted automatically end, without notice, in times of war or in case of mobilization.
In times of peace, career interruptions may, in exceptional cases and as long as the need for staff cannot be met in any other way, be withdrawn in the event of an operational engagement or notice to this commitment.
§ 4. The non-commissioned officer who interrupts his or her career may not practise either by himself or by interposed persons, any employment, profession or public or private occupation, unless he or she exercises them free of charge, or if it is the exercise of an independent activity.
In addition, it cannot accept any warrant or lend any service even free of charge to a for-profit business.
However, the non-commissioned officer retains the benefit of a particular exemption granted in accordance with the provisions of Article 19 of the Act of 14 January 1975, which regulates the discipline of the armed forces, before the commencement of the career interruption. "
Section III. - 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. 31. Article 10, 1°, of the Act of 12 July 1973 establishing the status of volunteers of the active environment of the land, air and naval forces and the medical service, is replaced by the following text:
"1° at the request of the volunteer, either for personal convenience or by career switch; "
Art. 32. In section 11 of the Act, as amended by the Acts of 28 December 1990 and 20 May 1994, the following amendments are made:
1° paragraph 2 is replaced by the following paragraph:
"A temporary withdrawal or extension is requested for a period of three, six, nine or twelve months. »;
2° Paragraph 4 is replaced by the following paragraph:
"In the event of a mobilisation or during a war, volunteers cannot obtain a temporary withdrawal of employment at their request. The same applies to volunteers in peacetime who are in the subheading "in operational engagement or on prior notice for this commitment. »;
3° in paragraph 5, the introductory sentence is supplemented as follows:
"Temporary withdrawals of employment granted on demand automatically end, without notice, in times of war or in case of mobilization. »;
4th paragraph 5 is supplemented as follows: "for this commitment, in exceptional cases and provided that the staff need cannot be met in any other way. "
Art. 33. In the same Act, an article 11bis, as follows, is inserted:
"Art. 11bis. § 1er. Volunteers who request it may obtain from the Minister of Defence an interruption in their career.
§ 2. Any career interruption or extension is requested for a period of three, six, nine or twelve months.
Except for exceptional reasons to be appreciated by the Minister of Defence, the duration of all career interruptions may not exceed a total of thirty-six months during the volunteer career.
§ 3. In the event of a mobilization or a war, volunteers may not get an interruption in their careers. The same applies to volunteers who in peacetime are in the "operational engagement" sub-position or are on notice for this commitment.
Career interruptions granted automatically end, without notice, in times of war or in case of mobilization.
In times of peace, career interruptions may, in exceptional cases and as long as the need for staff cannot be met in any other way, be withdrawn in the event of an operational engagement or notice to this commitment.
§ 4. A volunteer who interrupts his or her career may not exercise either by himself or by interposed persons, employment, profession or public or private occupation, unless he or she exercises them free of charge, or if it is the exercise of an independent activity.
In addition, it cannot accept any warrant or lend any service even free of charge to a for-profit business.
However, the volunteer retains the benefit of a specific exemption granted in accordance with the provisions of Article 19 of the Act of 14 January1975 concerning the regulation of discipline of the armed forces, prior to the commencement of the career interruption. "
Section IV. - Amendment of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on pensions of public service officers
Art. 34. An article 2bis, as follows, is included in Royal Decree 442 of 14 August 1986 on the impact of certain administrative positions on the pensions of public service officers:
"Article 2bis. § 1er. The periods of temporary withdrawal of employment by career interruption established by the Act of 25 May 2000 establishing the voluntary work plan for the four-day week and the half-time early departure regime for certain military personnel and amending the status of the military with a view to establishing the temporary withdrawal of employment by career interruption are taken into consideration for the right to military retirement pension and survival pension, and the calculation of the terms and conditions thereof
1° the first twelve months count for their duration;
2° the following forty-eight months: count only the periods for which the member paid a personal contribution of 7.5 percent based on the treatment he would have benefited if he had remained in service.
Payment of the contribution referred to in paragraph 1er, 2°, is not required for periods during which the member or his or her spouse living under the same roof receives family allowances for a child under six years of age.
§ 2. The personal contribution provided in § 1er is paid to the organization that manages the military survival pension plan and is allocated to the funding of these pensions.
The member who wishes to validate the periods provided for in § 1erParagraph 1er, 2°, is required to subscribe to the authority designated by the Minister of Defence to make the required payments.
This authority complements the commitment by the indication of the treatment to which the individual would have benefited if he had not ceased his or her duties and transmits this commitment to the body referred to in paragraph 1er. It is required to report to the Commission any changes in treatment that would occur during the period covered by the undertaking following the award of increments or promotions.
Only temporary employment withdrawal periods are validated by career interruption for which contributions have reached the organization referred to in paragraph 1er before the date on which the pension is taken, but no later than December 31 of the year following the period in which the member wishes to validate.
Payments must be made on the terms and conditions established by the organization referred to in paragraph 1er. "
Art. 35. An article 3bis, as follows, is inserted in the same order:
"Article 3bis. The periods of absences resulting from the early-to-half-time plan and the voluntary work plan for the four-day week established by the Act of 25 May 2000 establishing the voluntary work regime for the four-day week and the early-to-half-time plan for certain members of the military and amending the status of the military in order to introduce the temporary withdrawal of employment by career interruption as well as the periods of temporary withdrawal of employment by virtueerParagraph 1er, shall be taken into account for the calculation of the pension up to a maximum period of 20 per cent of the duration of the services and periods which, apart from the periods referred to above, are taken into account for the calculation of the pension.
are not considered for the purposes of paragraph 1er, the periods of temporary withdrawal by career interruption that have been paid under section 2bis if it is a pensioned member for physical incapacity.
In the cases referred to in paragraph 2, the total period of absence taken into account for the calculation of the pension cannot exceed five years.
The provisions of paragraphs 2 and 3 shall apply only if they are more favourable than those provided for in paragraph 1er. "
Section V. - Amendment of the Act of 21 December 1990
Status of active military candidates
Art. 36. In article 5bis of the Act of 21 December 1990 on the status of military candidates of the active framework, inserted by the Act of 20 May 1994, the words "for personal convenience" are replaced by the words "on request".
Art. 37. In article 24, § 6, of the same law, as amended by the Act of 20 May 1994, the words "for personal convenience" are inserted between the words "temporary withdrawal" and "when they".
Section VI. - Amendment of the Act of 20 May 1994
Military Financial Rights
Art. 38. In Article 3 of the Act of 20 May 1994 on the monetary rights of the military, a § 3bis is inserted, as follows:
§ 3bis. The non-activity member following a temporary withdrawal of employment by career interruption is not entitled to treatment. However, this member may claim an interruption allowance whose amount and conditions of grant are fixed by the King.
The law of 1er March 1977 organising a regime of connection to the UK Consumer Price Index of certain expenditures in the public sector, is applicable to the interruption allocation. "
Section VII. - Amendment of coordinated laws on military pensions
Art. 39. An article 56bis, as follows, is included in the coordinated laws on military pensions:
Art. 56bis; Is considered as time of activity in the grade:
1° the first twelve months of the time spent temporarily withdrawing employment by career interruption;
2° the following forty-eight months of the time spent on temporary employment withdrawal by career interruption, limited to the periods for which the necessary personal contributions were paid, provided that the payment was required. "
Section VIII. - Social provision
Art. 40. The King takes the necessary measures to adapt the social security legislation to the benefit of the military on temporary withdrawal of employment by career interruption.
CHAPTER V. - Abrogatory and final provisions
Art. 41. The Royal Decree of 24 July 1997 establishing the voluntary working regime of the four-day week and the early-to-half-time regime for some military personnel and amending the status of the military in order to introduce the temporary withdrawal of employment by career interruption, pursuant to Article 3, § 1er, 1°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union is repealed.
Art. 42. The King may make the necessary transitional arrangements for the application of the provisions of this Act.
Art. 43. This Act produces its effects on 20 August 1997.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 May 2000.
ALBERT
By the King:
Minister of Employment,
Ms. L. ONKELINX
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Defence,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 1999-2000:
House of Representatives.
Parliamentary documents. - Bill No. 376/1. - Amendment, No. 376/2. - Report, number 376/3.
Annales parliamentarians. - Discussion and adoption. Session of May 17, 2000.