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An Act To Limit The Accumulation Of The Function Of Permanent Member With Other Functions And To Harmonise The Financial And Tax The Permanent Members Status (1)

Original Language Title: Loi visant à limiter le cumul de la fonction de député permanent avec d'autres fonctions et à harmoniser le statut financier et fiscal des députés permanents (1)

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4 MAI 1999. - Act to limit the cumulative position of permanent member with other functions and to harmonize the financial and fiscal status of permanent members (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Chapter Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendment of Provincial Law
Art. 2. Article 61, paragraph 1erthe second sentence is replaced by the following sentence:
With the exeption of members of permanent deputation, provincial councillors touch a token of presence when attending meetings of the provincial council and meetings of commissions and sections. "
Art. 3. Section 97 bis, as follows, is inserted in the same Act:
"Art. 97bis. The permanent deputation member function cannot be combined with more than one paid executive mandate.
Are considered paid executive terms within the meaning of the preceding paragraph:
1° any mandate exercised within a public or private body, as a Representative of the State, a community, a region, a province or a municipality, provided that this mandate confers more power than the mere membership of the general assembly or the board of directors of that body and regardless of its income;
2° any mandate exercised within a public or private body, as a representative of the State, community, region, province or municipality, provided that the taxable gross monthly income in respect of the corporation reaches a minimum of 20,000 francs. This amount is adapted annually to the evolution of the Consumer Price Index. "
Art. 4. Section 105 of the Act, as amended by the Acts of 24 April 1958 and 6 July 1987, is replaced by the following provision:
"Art. 105. § 1er. Members of permanent deputation receive a salary equal to the amount of parliamentary allowance related to the Senator's mandate.
§ 2. They receive a lump sum allowance that covers all expenses inherent in the performance of their duties.
The amount of this allowance is equal to the amount of the flat allowance for exposed expenses related to the Senator's mandate.
However, members of the permanent deputation who do not reside in the province's capital city are compensated for their travel expenses according to the rules set by the provincial council.
§ 3. The amount of indeminities, treatments or presence tokens collected in return for the activities carried out by the member of the permanent deputation outside his or her mandate as a permanent member shall not exceed half the amount of the treatment provided for in § 1er.
For the purpose of calculating this amount, the allowances, salaries or attendance tokens arising from the exercise of a political mandate, function or public office.
In the event of exceeding the limit set out in paragraph 1er, the amount of compensation, salary or attendance token arising out of the exercise of a warrant, function or public office of a political order referred to in paragraph 2 shall be reduced to competition.
Where activities referred to in subparagraphs 1er and 2 begin or end in the course of the term, the respective permanent member informs the president of the provincial council.
§ 4. The provincial council shall determine the amount of the treatment and lump sum indeterminate referred to in §§ 1er and 2, paragraph 1er.
It also sets out the amount of indeminity provided for in § 2, paragraph 3.
It sets out the procedures for the application of the rules set out in § 3.
§ 5. Former members of permanent deputation or their eligible dependants receive a pension that the provincial council sets out the terms and conditions of attribution. "
CHAPTER III. - Amendment of the Income Tax Code 1992
Art. 5. In article 27, paragraph 2, 5, of the Income Tax Code 1992, the words ", provincial councils" are inserted between the words "Councils" and the words "European Parliament".
Art. 6. Section 31 of the Code is supplemented by a paragraph, which reads as follows:
"It is also taxable for remuneration, salary and allowances of permanent members, for the exemption of amounts related to the reimbursement of expenses related to the performance of the position. "
CHAPTER IV. - Entry into force
Art. 7. This Act comes into force on the next full renewal of provincial councils, with the exemption of section 3, which comes into force on January 31, 2001.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 May 1999.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Finance,
J.-J. VISEUR
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1997-1998.
Senate.
Parliamentary documents. - Bill No. 1-986/1. - Amendments, nbones 1-986/2 and 3. - Report, number 1-986/4. - Text adopted by the Commission, No. 1-986/5. - Text adopted in plenary meeting and transmitted to the Chamber, No. 1-986/6.
Annales of the Senate. - Discussion and adoption, meeting of 16 July 1998.
House of Representatives.
Parliamentary document. - Project transmitted by the Senate, No. 1687/1.
Regular session 1998-1999.
House of Representatives.
Parliamentary documents. - Amendments, nbones 1687/2 to 4. - Report, no. 1687/5. - Text adopted by the Commission, No. 1687/6. - Text adopted in plenary and transmitted to the Senate, No. 1687/7.
Annales of the House. - Discussion and adoption, meetings of 9, 24 and 25 February 1999.
Senate.
Parliamentary documents. - Draft amended by the House of Representatives, No. 1-986/7. - Report, no. 1-986/8. - Text adopted by the Commission, No. 1-986/9. - Decision to join the draft amended by the House of Representatives, No. 1-986/10.
Annales of the Senate. - Discussion and adoption, meeting of 25 March 1999.