belgiquelex.be - Carrefour Bank of Legislation

25 JANVIER 1999. - Act respecting social provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Social affairs
CHAPTER I. - Industrial accidents
Art. 2. An article 25ter, as follows, is included in the Labour Accidents Act of 10 April 1971:
"The employer owes a guaranteed compensation, in accordance with sections 52, 70 or 71 of the Act of July 3, 1978 on employment contracts, to the victim of an employment accident at another employer is subrogated in the rights of the victim under the terms set by the King.
In this case, the King specifies who will be paid the temporary incapacity allowances for the period covered by the guaranteed remuneration. "
Art. 3. The King sets the effective date of Article 2.
Art. 4. In section 31 of the Industrial Accidents Act of 10 April 1971, the words "medical care is reimbursed on the basis of the King's tariff" are replaced by the words "health care expenses are reimbursed according to the conditions and according to the King's tariff".
Art. 5. In section 34, paragraph 2, of the same Act, the words "in accordance with the working regime applicable to the enterprise under the law or according to the use" are replaced by the words "in accordance with the working regime that, under the law or according to the use, has a full-time work regime value".
Art. 6. Section 34, paragraph 3, of the Act, inserted by the Royal Decree of April 22, 1985, is repealed.
Art. 7. Article 46, § 1^er, 6°, of the same law, inserted by the law of 20 May 1998 is replaced by the following provision:
"6° against the employer, its agents or employees when the accident is a rolling accident. By road traffic accident, any road traffic accident involving one or more vehicles, whether self-propelled or not, and related to public road traffic; "
Art. 8. Article 54bis of the same law, inserted by Royal Decree No. 18 of 6 December 1978, is supplemented by a paragraph 3, which reads as follows:
"If an authorized insurer is a party to a merger or split in accordance with the provisions of section VIIIbis - VIIIter of coordinated business corporations laws on December 30, 1935, the King sets out the conditions under which the approval is granted. "
Art. 9. Section 59 of the Act, as amended by the Acts of 30 March 1994 and 29 April 1996 and the Royal Decrees of 16 December 1996 and 8 August 1997, is supplemented by the following provision:
" 14° the amounts recovered by the insurers authorized under section 60, paragraph 3. "
Art. 10. Article 59quater, paragraph 1^er, of the same law, inserted by the law of December 24, 1976 and replaced by the royal decree of March 31, 1987, the term "14°" is inserted between the words "9°" and "59bis".
Art. 11. Article 60 of the Act, amended by the Acts of 24 December 1976, 1^er August 1985 and 22 February 1998, the following paragraph is inserted between paragraphs 2 and 3:
"The disbursements, amounts and capital that pursuant to paragraph 1 cannot be recovered from the default insurer shall be distributed by the Industrial Accidents Fund among registered insurers. "
Art. 12. Article 64bis, as follows, is inserted in the same law:
"Art. 64bis. - Physicians referred to in section 87, paragraph 3, may act as conciliators at the request of the victim or insurer at the time of fixing the permanent incapacity rate, in the cases and conditions fixed by the King. They report it.
If the conciliator doctor's proposal is not accepted by the victim or by the insurer, the dispute is brought by the most diligent party before the Labour Court. The report referred to in paragraph 1^er is filed in this case by the insurer at the court of competent jurisdiction. "
Art. 13. Section 64ter, as follows, is inserted in the same law:
"Art. 64ter. - Conciliation referred to in Article 64bis may in the same conditions also relate to the fixing of the date from which the incapacity of work has a permanent character. "
CHAPTER II. - Occupational diseases
Art. 14. Article 2, § 1^erParagraph 1^erthe following amendments are made to the laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970, as amended by the Royal Decree of 9 September 1993:
1° point 4° is repealed;
2° point 5° is replaced by the following provision:
"5° to persons who, as a result of physical inability to work or unemployment, submit to rehabilitation or professional adaptation organized by or under a law or decree; "
Art. 15. Section 56 of the Act, replaced by the Act of 29 April 1996, is replaced by the following provision:
"Art. 56. - The Fund for Occupational Diseases is fed:
1° by a quotity of the proceeds of the globalized financial means of Global Management, referred to in Article 22, § 2(a) of the Act of 29 June 1981 establishing the general principles of social security of wage workers;
2° by a contribution to be paid by free insured persons;
3° by a contribution of the provincial and local administrations referred to in Article 6, 5°, of these laws, the amount and method of collection shall be fixed by the King. "
Art. 16. In section 57 of the Act, replaced by the Act of 29 April 1996, paragraph 1^er is replaced by the following provision:
"The solidarity contribution to be paid by employers occupying persons referred to in section 2 is 1.10 per cent of the remuneration of the persons concerned. "
CHAPTER III. - Family benefits
Art. 17. Article 52, paragraph 1^erCoordinated laws relating to family allowances for employed workers, inserted by the law of 22 December 1989, are replaced by the following provision:
"Family allowances are not due to children who are high or take courses outside the Kingdom. "
Art. 18. Article 66, paragraph 3, of coordinated laws relating to family allowances for employed workers, inserted by Royal Decree No. 122 of 30 December 1982, is replaced by the following provision:
"By derogation from the preceding paragraphs, the Minister of Social Affairs may, in the interests of the child, designate the priority holder and determine the course of the priority right. "
Art. 19. Article 69, § 1^er, paragraph 3, of the same laws, as amended by the Royal Decree of 21 April 1997 and the Act of 22 February 1998, is replaced by the following provision:
"When both parents who do not cohabit jointly exercise parental authority within the meaning of section 374 of the Civil Code and the child is not raised exclusively or primarily by another allocator, the allowances are paid in full to the mother. However, family allowances are paid in full to the father, at his request, when the child and himself have the same principal residence within the meaning of section 3, paragraph 1^er5°, of the Act of 8 August 1983 organizing a National Register of Physical Persons. At the request of both parents, the payment may be made on an account to which they have both access. When parents do not agree on the allocation of family allowances, they may apply to the Labour Court to designate allotments. "
Art. 20. Article 91, § 5, of the same laws, as amended by Royal Decree No. 28 of 15 December 1978, is supplemented as follows:
"10° to the coverage of unduly paid benefits, not recovered under Article 22, § 3, of the Act of 11 April 1995 to establish the Charter of the social insured. "
Art. 21. In section 101, paragraph 5 of the Act, as amended by the Act of 29 April 1996, the words "whose dissolution is effective" are replaced by the words "whose dissolution is underway or completed".
Art. 22. Article 106, paragraph 2, of the same laws, as amended by Royal Decree No. 28 of 15 December 1978, is supplemented as follows:
"7° to the coverage of unduly paid benefits, not recovered under Article 22, § 3, of the Act of 11 April 1995 to establish the Charter of the social insured. "
Art. 23. In section 107 of the same Acts, as amended by the Act of 22 February 1998, the following amendments are made:
1° § 1^erParagraph 2 is replaced by the following provision:
"The Fund operates only in fees for children who, under these Acts, are beneficiaries of family allowances. Guaranteed family benefits, as well as children of political refugees and border workers, are assimilated to children receiving family allowances under these Acts. The King may, by order deliberately in the Council of Ministers, extend the categories of child beneficiaries for which the Fund is financially involved, as compensatory financial resources are allocated to the Fund to cover the additional expenses incurred. »;
2° the second sentence of § 4 is supplemented by the words "as defined by the special regulation".
Art. 24. In section 140, paragraph 2, of the same laws, as amended by the Royal Decree of October 25, 1960, the words "second month of each quarter" are replaced by the words "first month of each quarter".
Art. 25. Article 1^er of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Act of 8 August 1980, Royal Decree No. 242 of 31 December 1983 and the laws of 20 July 1991, 29 April 1996 and 22 February 1998, are amended as follows:
1° the second sentence of paragraph 1^er is deleted;
2° the following paragraphs shall be inserted between subparagraphs 1^er and 2:
"A child is considered to be primarily dependent on the natural person referred to in paragraph 1^er if this person supports more than half of the child's maintenance cost.
Until proof of the contrary, the natural person is presumed to fulfil this condition, if it results from a registration in the register of the population, in the register of foreigners or in the National Register of Natural Persons that the child is part of his household. The King sets out by decree deliberately in the Council of Ministers the cases in which the sums due to the child as a minimum of means of existence granted under the law of 7 August 1974 establishing the right to a minimum of means of existence, cannot be taken into account to overthrow this presumption. "
Art. 26. In Article 2, paragraph 2, of the Act, amended by Royal Decree No. 242 of 31 December 1983, the words "the conditions laid down in Article 1^er, paragraph 2" are replaced by the words "the conditions set out in section 1^erParagraph 4."
Art. 27. Article 6bis of the Act, inserted by the Act of 22 February 1998, paragraph 1^er, introductory sentence, the words " referred to in Article 1^er, paragraph 3, 3°" are replaced by the words "subject to section 1^er5, 3°".
Art. 28. The following provisions are repealed:
1st Article 2 of the Royal Decree of 25 October 1971 implementing the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Royal Decree of 17 December 1992;
2° Article 9 of the same decree, amended by Royal Decree No. 242 of 31 December 1983.
Art. 29. Article 8, § 5, of the Royal Decree of 25 October 1971 implementing the Act of 20 July 1971 establishing guaranteed family benefits, inserted by the law of 22 February 1998, is repealed.
Art. 30. The National Office for Family Allowances for Employees is subrogated in the rights and obligations of the Special Fund for Compensation for Family Allowances for Workers in the Diamond Industry, which was abolished by section 51 of the Act of 22 February 1998, and resumes its assets and liabilities.
Art. 31. The assets of the reserve fund of the Special Compensation Fund referred to in Article 22, constituted in accordance with Article 91, § 1^erco-ordinated laws relating to family allowances for employed workers are transferred to the reserve fund of the National Office of Family Allowances for Employees, referred to in section 106 of the same laws.
Art. 32. The assets of the administrative reserve constituted by the Special Compensation Fund referred to in Article 9, pursuant to Article 94, § 3, paragraph 3, of the same Acts and Article 7 of the Royal Decree of 15 December 1980 on the method of calculating the subsidy for the feeding of the funds for the administration of the family allowances and the administrative reserve of the family allowances, shall be transferred to the family reserve funds
Art. 33. In Article 1^er, D, of the Act of 16 March 1954 on the Control of Certain Public Interest Organisms, amended by Royal Decree No. 431 of 5 August 1986, the laws of 15 January 1990 and 29 December 1990 and the Royal Decree of 19 May 1995, the words "Special Compensation Fund for Family Allowances for Workers of the Diamond Industry" are deleted.
Art. 34. This chapter comes into force on the day of its publication in the Belgian Monitor, with the exception of articles 20, 22 and 23 which produce their effects on 1^er January 1997, article 21 which produced its effects on 30 April 1996 and articles 30 to 33 that produced their effects on 1 April 1996^er January 1998.
CHAPTER IV. - Social security
Art. 35. Section 27 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as amended by the Act of 22 February 1998, is supplemented by the following paragraph:
"The corporate reviewers of the social secretariats shall report in writing to the Minister who has the Social Provider in his or her powers and to the National Social Security Office within 60 days of the statutory approval of the annual report, on the fulfilment of their mission and in particular on the accounting plan established by the King. "
Art. 36. Section 42, paragraph 3, of the Act is replaced by the following provision:
“The limitation of the actions referred to in subparagraphs 1^er and 2 is suspended:
1° in the manner provided for in article 2244 et seq. of the Civil Code;
2° by a recommended letter addressed by the National Social Security Office to the employer or by a recommended letter addressed by the employer to the Agency referred to above;
3° by the meaning of the constraint referred to in Article 40. "
Art. 37. In Article 19, 4°ter, of the Mortgage Act of 16 December 1851, as amended by the Royal Decree of 19 May 1995, the words "three years" are replaced by the words "five years".
Art. 38. In Article 2, § 1^erParagraph 1^er, from the Act of 23 July 1993 on measures to promote the employment of young people under the youth employment plan, as amended by the Act of 22 February 1998, the words "the end of the thirty-sixth month" are replaced by the words "the end of the thirty-eighth month".
Art. 39. Article 47bis, § 1^er, paragraph 3, of the royal decree of 24 December 1993, implementing the law of 6 January 1989 to safeguard the country's competitiveness, inserted by the law of 22 February 1998 on social provisions is supplemented as follows: ", with the exception of manual workers subject to the decree-law of 10 January 1945 concerning the social security of minor and assimilated workers, for which the reduction is calculated on the pay to 100%. "
Art. 40. Article 47bis, § 1^er, paragraph 4, of the same order, inserted by the Act of 22 February 1998 on social provisions, is supplemented as follows: ", with the exception of manual workers subject to the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers, for which the reduction is calculated on the pay to 100%. "
Art. 41. In Article 104bis of the Law of Recovery of 22 January 1985 containing social provisions, replaced by the Law of 22 February 1998 on social provisions, § 1^er, paragraph 3, is supplemented as follows:
"This paragraph produces its effects on 1^er January 1997 and will cease to be in force on 1^er January 2001. "
Art. 42. In Article 18, § 1^er, of the Act of 22 December 1995 on measures to implement the multi-year employment plan, replaced by the Act of 22 February 1998, the following paragraph shall be inserted between paragraph 2 and paragraph 3:
"By derogation from paragraph 2, provided that the replacement is hired after December 31, 1996, and is part-time in a business referred to in paragraph 1^er with less than 50 workers, the exemption is 75% during the quarter of the undertaking and the following 4 quarters and 50% during the 5^e up to and including 8^e quarter following that of the undertaking if it is an employer affiliated to the National Social Security Office. It is set at 75% during the month of engagement and the following 14 months and 50% during the 15th^e up to and including 26^e month after the month of commitment if it is an employer affiliated to the National Retirement Fund for Minor Workers. The period to be taken into account in determining the number of workers in the company is determined by the King. This paragraph shall cease to be in force on 1^er January 2001. "
Art. 43. Article 2, single paragraph, third dash, of the Royal Decree of 24 February 1997 containing more precise conditions relating to employment agreements pursuant to Articles 7, § 2, 30, § 2, and 33 of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, replaced by the law of 13 February 1998, is replaced by the following provision:
" - not having been found guilty of having done or let work, during the period of 1^er January 1995 to December 31, 1996, a worker for whom no contributions were paid to the National Social Security Office or the National Retirement Fund for Minor Workers; "
Art. 44. In section 8 of the same order, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "or per month" are inserted between the words "equal, per quarter" and the words ", at 20% of the salary";
2° in the same paragraph, the words "or the monthly average gross wage according to the plan to which the employer is subject" are inserted between the words "quarterly average gross wage" and the words "occupied workers";
3° in § 1^er, paragraph 2, the words "or 16,666 francs per month according to the plan to which the employer is subject" are inserted between the words "50,000 francs per quarter" and the words "and cannot exceed";
4° in § 5, the words "or by average monthly gross wage according to the plan to which the employer is subject" are inserted between the words "average quarterly gross wage" and the words "and by average number of workers".
Art. 45. In Article 9, § 1^erthe following amendments shall be made to the same order:
1° in paragraph 1^er, the words "or a lump-sum reduction of employers' contributions referred to in Article 2, §§ 3, 1° to 5° and 7°, and 3bis of the decree-law of January 10, 1945 concerning the social security of the minor and assimilated workers, to Article 56, 1° and 2° of the laws relating to the repair of damages resulting from the occupational diseases coordinated on June 3, 1970 and to Article 59, 1 April
2° in paragraph 2, the words "or a temporary lump-sum reduction of the employers' contributions referred to in Article 2, §§ 3, 1° to 5° and 7°, and 3bis of the decree-law of 10 January 1945 referred to above, to Article 56, 1° and 2° of the coordinated laws of 3 June 1970 referred to above and to Article 59, 1° of the law of 10 April 1971 inserted if it is an employer
Art. 46. In section 11 of the same order, the words "from the quarter of the undertaking, but not earlier than the quarter following the approval" are replaced by the words "from the quarter or month of the undertaking according to the plan to which the employee is subject, but not earlier than the quarter or month following the approval".
Art. 47. Section 38 produces its effects on 1^er August 1993.
Section 39 produces its effects of 1^er April 1994 to 9 May 1996. Article 40 produces its effects on 10 May 1996. Section 42 produces its effects on 1^er January 1997. Articles 43 to 46 produce their effects on 1^er January 1997.
Art. 48. Article 5 of the Royal Decree of 14 March 1997 on specific measures to promote employment for small and medium-sized enterprises pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, is replaced by the following provision:
“Art. 5. - The employer referred to in Article 4, § 1^er, does not benefit from the provisions of this chapter if the newly employed second or third worker replaces a worker who has engaged in the same technical unit of operation in the twelve calendar months preceding the undertaking, unless the latter is a worker who, having completed an apprenticeship, meets the conditions of section 36, except § 1^er, 4°, or 39 of the Royal Decree of 25 November 1991 regulating unemployment. "
Art. 49. Section 48 produces its effects on 1^er January 1997.
Art. 50. Article 21, § 2, of the Act of 29 June 1981 establishing the general principles of social security of wage workers, inserted by the Royal Decree of 8 August 1997, is supplemented as follows:
"8° the area of health care and the area of compensation for the marine regime of the merchant marine;
9° the area of unemployment of the marine regime of the merchant marine. "
Art. 51. In Article 24, § 3, of the same law, replaced by the Royal Decree of 8 August 1997, the words "if applicable and" are deleted.
Art. 52. In section 26, paragraph 3, of the Act, replaced by the Royal Decree of 8 August 1997, the words "the health care sector" are replaced by the words "the health care sector and the compensation sector".
Art. 53. Section 38, § 3ter, paragraph 6, of the Act, inserted by the Act of 30 December 1988, is replaced by the following paragraph:
"The proceeds of the special contribution are allocated to the financing of the Comprehensive Management Plans referred to in Article 21, § 2. "
Art. 54. Section 142 of the Act of 29 December 1990 on social provisions is replaced by the following provision:
"Art. 142. - The proceeds of the special contribution referred to in Article 141 shall be allocated to the financing of the Comprehensive Management Plans, referred to in Article 21, § 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers. "
Art. 55. Article 11, § 4, of the Act of 3 April 1995 on measures to promote employment, paragraphs 1^er and 2 are replaced by the following paragraph:
"The proceeds of the monthly countervailing contribution are allocated to the financing of the Comprehensive Management Plans, referred to in Article 21, § 2, of the Act of 29 June 1981 establishing the general principles of social security for wage workers. "
Art. 56. In article 2, paragraph 2, of the Royal Decree of 27 November 1996 establishing a special employers' contribution to finance the regime of temporary unemployment and the complement of seniority for older unemployed persons, pursuant to article 3, § 1^er, 4°, of the law of 26 July 1996 aimed at realizing the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, the words "at the National Employment Office" are replaced by the words "to the financing of the regimes of Global Management, referred to in Article 21, § 2, of the law of 29 June 1981 establishing the general principles of social security of workers".
Art. 57. Article 3, paragraph 1^er, in the same order, the words "on a special account of the National Employment Office" are replaced by the words "to the Global SONS-Gestion".
Art. 58. In Article 24, § 4 of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, the following amendments are made:
A) paragraph 1^er is replaced by the following paragraph:
"The proceeds of the monthly countervailing contribution are allocated to the financing of the Comprehensive Management Plans, referred to in Article 21, § 2 of the Law of 29 June 1981 establishing the general principles of social security for wage workers. »;
B) paragraph 2 is repealed.
Art. 59. Section 17 of the Act of 26 June 1992 on social and other provisions is replaced by the following provision:
“Art. 17. - The agents of the communes, associations of communes and institutions subordinate to the communes, other than the subsidized contractual agents referred to in Royal Decree No. 474 of 28 October 1986 establishing a regime of contract subsidized by the State with certain local powers, which are not provided with a definitive appointment, are subject to the plan of the annual holidays referred to in the Royal Decree of 30 January 1979 relating to the granting of the employee holidays It is up to the municipal council to determine the applicable annual holiday regime. "
Art. 60. In Article 72, § 2, of the Act of 22 February 1998 on social provisions, the words "Article 69" are replaced by the words "Article 71".
Art. 61. Article 8, § 1^er, paragraph 3, of the Royal Decree of 27 January 1997, containing measures for the promotion of employment pursuant to Article 7, § 2 of the Law of 26 July 1996 on the promotion of employment and the prevention of employment, is replaced by the following provision:
"This contribution is intended for the Collective Equipment and Services Fund established with the National Office of Family Allowances for Employees pursuant to section 107 of the coordinated laws relating to family allowances for employees. The proceeds of this contribution are used for interventions in the personnel and/or operating expenses of services exclusively organizing the reception of children from 0 to 3 years, until 30 June 1997, and services referred to in § 1^erParagraph 1^er, 1° to 4°, of the above mentioned article 107, as determined by We. "
Art. 62. Section 61 produces its effects on 1^er January 1997.
Art. 63. An article 21bis, as follows, is inserted in the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers:
"Art. 21bis. - The employer who loses this quality because he ceases, for at least one calendar quarter, to occupy the subject staff must inform the National Social Security Office of the matter within the time limits set by the King. "
Art. 64. Article 28 of the Act, amended by Royal Decree No. 135 of 30 December 1982 and by the Law of 1^er August 1985, the following amendments are made:
1° it is inserted a § 1^er bis, as follows:
« § 1^er bis. The employer who does not pay the contribution provisions within the time limits set by the King is liable to the National Social Security Office for a lump sum allowance whose amount and conditions of application are fixed by Royal Decree. »;
2° § 2 is replaced by the following provision:
Ҥ2. The King also determines the conditions under which the National Social Security Office may grant the employer the exemption or reduction of the lump sum allowance, the increase in contributions and late interest. "
Art. 65. An article 29bis, as follows, is inserted in the same law:
"Art. 29bis. - An employer who fails to comply with the obligation set out in section 21bis within the time limits set by the King is liable for a lump sum allowance to the National Social Security Office whose amount and conditions of application are determined by Royal Decree. "
Art. 66. Section 30 of the Act is replaced by the following provision:
"Art. 30. - Regardless of the lump sum allowance provided for in Article 28, § 1^er bis, the lump-sum allowance provided for in articles 29 and 29 bis, as well as increases in contributions and delayed interests provided for in article 28, § 1^erParagraph 1^er, the agents of employers who do not fulfil their obligations in place of their constituents or who do not comply with the provisions of the orders made pursuant to this Act, shall be liable to the National Social Security Office for a lump-sum allowance, the amount and conditions of application of which shall be determined by Royal Decree. "
Art. 67. Section 26 of the Act of 13 February 1998 on employment provisions produces its effects on 1^er January 1997.
Art. 68. Article 4, § 1^er, of Royal Decree No. 495 of 31 December 1986 establishing a system that combines work and training for young people between the ages of 18 and 25 with a temporary decrease in employers' social security contributions due in the head of these young people, confirmed by the law of 30 March 1987, replaced by the law of 4 August 1996 and amended by the law of 22 February 1998, is replaced by the following provision:
« § 1^er. Employers who do not meet the requirements of Royal Decree No. 230 of 21 December 1983 are excluded from the benefit of this Order. "
Art. 69. Section 126 of the Program Law of 30 December 1988 is replaced by the following provision:
"Art. 126. - Are excluded from the application of this chapter, employers who do not meet the conditions set out in Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people, even if it is in accordance with Article 9 of this Order. "
Art. 70. Article 36, § 4, of the Royal Decree of 24 December 1993 enforcing the law of 6 January 1989 to safeguard the country's competitiveness, inserted and confirmed by the law of 30 March 1994, is repealed.
Art. 71. Section 50 of the same order, confirmed by the Act of 30 March 1994, is repealed.
Art. 72. Section 62 of the Act of 21 December 1994 on social and other provisions is replaced by the following provision:
"Art. 62. - Employers who do not meet the obligations set out in Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people are excluded from this chapter. "
Art. 73. Article 2, § 2, of the Act of 3 April 1995 on measures to promote employment is repealed.
Art. 74. In section 18 of the Act of 22 December 1995 on measures to implement the multi-year employment plan, the following amendments are made:
§ 2 is repealed;
2° § 3 is replaced by the following provision:
Ҥ3. Excluded from the application of this article are employers whose work is established that they do not meet the obligations set out in Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people. "
Art. 75. In section 104bis of the Law of Recovery of 22 January 1985 containing social provisions, inserted by the Act of 22 December 1995 and amended by the Royal Decree of 14 March 1997 and the Act of 22 February 1998, the following amendments are made:
§ 2 is repealed;
2° § 3 is replaced by the following provision:
Ҥ3. Excluded from the application of this article are employers whose work is established that they do not meet the obligations set out in Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people. "
Art. 76. Section 186 of the Act of 29 April 1996 on social provisions is repealed.
Art. 77. Section 32 of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness is repealed.
Art. 78. Article 9 of the Royal Decree of 14 March 1997 on specific measures to promote employment for small and medium-sized enterprises pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, confirmed by the law of 26 June 1997, is replaced by the following provision:
“Art. 9. - Employers who do not comply with the provisions of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people are excluded from this chapter. This exclusion also applies to employers who, pursuant to section 9 of the above-mentioned order, have been exempted from the obligation to occupy interns. "
Art. 79. Sections 68 to 78 come into force on 1^er the day of the quarter following that in which this Act was published in the Belgian Monitor.
Art. 80. Article 3, § 1^er, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, replaced by the Royal Decree of 18 April 1997 and amended by the Act of 22 February 1998, is supplemented by the following paragraph:
"Paragraphs 3 to 9 are applicable to sailors who are occupied on board ships that are registered in a Member State of the European Union. "
Art. 81. Article 1^er of the royal decree of 25 April 1997 which exempts certain employers' contributions for the benefit of the enterprises in the dredging sector pursuant to Article 7, § 2 of the Law of 26 July 1996 on the promotion of employment and the preventive safeguard of competitiveness, the words "that are registered in a Member State of the European Union and" are inserted between the words "workers occupied on board dredged" and the words "with sea"
Art. 82. Articles 80 and 81 produce their effects on 1^er January 1997 and will cease to be in force on December 31, 2002.
Art. 83. Section 192 of the Act of 22 February 1998 on social provisions is replaced by the following provision:
"Art. 192. - Articles 190, 1 and 2 and 191 come into force on 1^er January 1998 and apply for the first time to the payment of the 1999 vacation year, relating to the 1998 vacation year.
Article 190, 3°, 4° and 5°, comes into force on 1^er January 1999. "
Art. 84. Section 8, 3°, of the Act of 20 July 1991 on social provisions is repealed.
CHAPTER V. - Social Security Bank
Art. 85. Article 2, paragraph 1^erof the Act of 15 January 1990 on the institution and organization of a Cross-Country Social Security Bank, as amended by the Acts of 29 April 1996 and 25 June 1997, are amended as follows:
1° to 2°, it is added an element e), written as follows:
"(e) the State, the Communities, the Regions and the public institutions referred to in Article 18 of the co-ordinated laws relating to the family allowances for wage workers, with regard to their missions in respect of family allowances for their staff; »;
2° in 6°, the word "physical" is inserted between the words "in relation to a person" and "identified";
3° 7° is replaced by the following provision:
« 7° « personal medical data » :
any personal social data that may be deducted from information on the prior, current or future state of the physical or mental health of the identified or identifiable natural person, except purely administrative or accounting data relating to medical treatment or care. "
Art. 86. Article 4, paragraph 1^er, from the same law, the words "personal" are deleted.
Art. 87. Section 19 of the Act, as amended by the Act of 29 April 1996, is repealed.
Art. 88. Section 21 of the Act is repealed.
Art. 89. It is included in the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to sections 38, 40, 41 and 49, of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, ratified by the law of 26 June 1997, an article 5bis written as follows:
"Art. 5bis. - The authentication of the social identity card and, where applicable, access to the protected data of the card, referred to in Article 2, paragraph 4, 2°, may be carried out by means of a professional card issued to the users authorized under Article 5.
The delivery of the professional card is for the first time without any charge to the user. The King may determine, by order deliberately in the Council of Ministers, that a royalty to which he sets the amount is due for the replacement of professional cards initially issued. "
Art. 90. Section 583, paragraph 2, of the Judicial Code, inserted by the Act of 25 January 1985, is replaced by the following provision:
"The Labour Court is facing disputes over the social identity card established by the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to sections 38, 40, 41 and 49 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes. "
CHAPTER VI. - Health care insurance and benefits
Section I^re- Health care insurance
Sub-section I^re. - Budget and budgeting Commission
Art. 91. Section 18 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, is replaced by the following provisions:
“Art. 18. - The Budget Control Board shall report annually to the General Council, as part of the exercise of the authority of the General Council, referred to in Article 16, 1°, on the overall proposal of the Insurance Committee to establish the overall annual budgetary objective referred to in Article 39. On this occasion, it shall, among other things, issue an opinion on the estimates made by the Service concerning the expenses to be provided for the benefits referred to in section 34, 6°. In particular, it reviews consistency with the data available to the Department of Public Health.
In addition, the Commission also provides an annual notice to the General Council and the Ministers of Social Affairs and Budget on how the Insurance Committee has exercised its jurisdiction under section 22, 1°.
In addition, the Budget Control Board reports on a quarterly basis to the General Council, the Insurance Committee, the committees responsible for concluding the conventions or agreements and the Ministers of Social Affairs and Budget, the management of the health care insurance sector, as well as its revenues and expenditures, in particular on the forecasts and aspects of their evolution.
The Commission shall, inter alia, report to the General Council, to the Insurance Committee, to the committees responsible for concluding the conventions or agreements and to the Ministers of Social Affairs and Budget, on the expenses resulting from the conventions and agreements referred to in chapter V, sections I and II of Part III and the proposed amendments to the nomenclature of health benefits referred to in Articles 23, § 2, and 35, § 1^er. It exercises the specific skills assigned to it by Article 51.
The Commission is also responsible for providing advice to the Ministers of Social Affairs and Budget, the General Council and the Insurance Committee on all financial and budgetary aspects of pharmaceutical products referred to in section 34, 5°. In particular, it ensures compliance with the spending standard and the annual partial fiscal target for drugs.
The Commission finally provides advice on all other matters for which the General Council requests its budgetary opinion.
The Commission has the widest investigative powers within its mission, but does not have access to individual data. It examines transactions with a financial or budgetary impact, access to all records and archives and receives all information it requests from the Institute. It may delegate some of its members to meetings of the boards, committees, commissions and other bodies established with the Institute's services whose activities affect health care insurance. "
Art. 92. Section 38 of the Act, as amended by the Royal Decree of 25 April 1997, is amended as follows:
1° a new paragraph 2 is inserted, as follows:
"In respect of benefits for which no agreement or agreement board is competent, the Service determines the means it considers necessary to finance the needs of the sectors concerned. With respect to the benefits referred to in section 34, 6°, the Service shall consult with the competent department of the Ministry of Public Health in advance. »;
2° to current paragraph 2, which becomes new paragraph 3, the following words are added to the first sentence:
"or, respectively, by the Service";
3° current paragraph 3, which becomes new paragraph 4, is replaced as follows:
"Subreserve of derogatory directives from the Ministers of Social Affairs and Budget, the means to be determined must be valued at prices that do not yet take into account the price changes for the fiscal year for which the means are assessed. "
Art. 93. Article 40, § 1^er, paragraph 3, inserted by the Royal Decree of 10 December 1996, of the same law, the words "or particular" are added after the words "exceptional expenses".
Sub-section II. - Operation of the College of Physicians and Directors
Art. 94. Section 23 of the Act, amended by the Acts of 20 December 1995 and 29 April 1996, the Royal Decree of 25 April 1997 and the Act of 22 February 1998, is supplemented by the following paragraph:
Ҥ 6. The King determines the conditions under which the decision-making authority of the College of Physicians-Directors may be exercised by one or more doctors, members of the College. This decision-making authority may not be exercised exclusively by physicians occupied by the insurance organization to which the beneficiary concerned is affiliated or registered. "
Art. 95. The following amendments are made to section 25 of the Act:
(a) in § 2, the last paragraph shall be replaced by the following provision:
"When the request for intervention concerns pharmaceuticals, the College of Physicians and Directors may request the advice of the Technical Council of Pharmaceutical Specialties or the Technical Council of Pharmaceuticals referred to in section 27, each according to its jurisdiction. »;
(b) a § 6 is added, which reads as follows:
"The King determines the conditions under which the decision-making authority of the College of Physicians-Directors may be exercised by one or more physicians, members of that College. This decision-making authority may not be exercised exclusively by physicians occupied by the insurer to which the beneficiary concerned is affiliated or registered. "
Art. 96. Article 34, paragraph 1^erthe same law, as amended by the laws of 21 December 1994, 20 December 1995 and 22 February 1998, is supplemented by a point 22° and a point 23°, as follows:
"22° the transport of an organ taken abroad;
23° the cost of typing potential bone marrow donors abroad and the cost of transportation and insurance of the bone marrow donor in another country. "
Art. 97. Article 37 of the Act, amended by the Act of 20 December 1995, the Royal Decrees of 12 December 1996, 21 February 1997 and 16 April 1997 and the Act of 22 February 1998, is inserted a § 14quinquies, which reads as follows:
"§ 14quinquies. The King shall, after the advice of the Insurance Committee, establish the terms and conditions of reimbursement for the benefits referred to in article 34, 22° and 23°. "
Sub-section III. - Technical Council of Pharmaceutical Specialties and the nomenclature of Pharmaceutical Specialties
Art. 98. Article 22, paragraph 1^er, 4°, the same Act, as amended by the Act of 20 December 1995 and the Royal Decree of 25 April 1997, are amended as follows:
- the words "Article 35, § 2, 3°" are replaced by the words "Article 35, § 2, 3°, and § 3, 3°";
- the following sentence is added: "However, this period is fifteen days when it comes to nomenclature changes referred to in Article 35, § 3. "
Art. 99. In section 27 of the Act, the following amendments are made:
- in paragraph 2, the words "Article 35, § 2" are replaced by the words "Article 35, § 2 and § 3",
- in paragraph 4, the first sentence is replaced by the following sentence: "Every proposal or notice referred to in paragraphs 2 and 3, except the proposals or advice of the Technical Council for Pharmaceutical Specialties, shall be accompanied by a written notice from the Medical Control Service. "
Art. 100. In section 28 of the Act, the following amendments are made:
§ 1^er is supplemented by the following sentence: "In the Technical Council of Pharmaceutical Specialties, sits a representative of the Medical Control Service. »;
- in § 3, the words "with the exception of the proposal referred to in Article 35, § 3, 1°" are inserted between the words "proposals" and "or opinions".
Art. 101. Section 35 of the Act, amended by the Act of 20 December 1995, by the Royal Decrees of 23 December 1996 and 25 April 1997 and the Act of 22 February 1998, are amended as follows:
- § 1^er, paragraph 2, the sixth sentence is replaced by the following phrases: "The admission of benefits referred to in article 34, paragraph 1^er, 5°, is subject to review at least every five years. However, the first revision takes place within three years after the initial admission. After motivated advice from the Technical Council of Pharmaceutical Specialties, the King can carry this period from three years to five years maximum. »;
- § 2 is supplemented by the following paragraph:
"The provisions of this paragraph shall not apply to the nomenclature of benefits referred to in section 34, paragraph 1^er5°, (b) and (c), with respect to the list referred to in § 3. »;
§ 3 is replaced by the following provision:
“§3. The Minister may amend the list attached to the Royal Order setting out the conditions under which an intervention is granted for the health benefits referred to in section 34, paragraph 1^er, 5°, (b) and (c),
1° on the basis of the proposal made by the Technical Council of Pharmaceutical Specialties in a written report, which is transmitted directly to the Insurance Committee and to the Budgetary Control Board.
The Budget Control Board gives its opinion and the Insurance Committee decides whether or not to forward to the Minister with respect to the proposals that have been forwarded to them by the Technical Council of Pharmaceutical Specialties;
2° on the basis of the proposal made by the Technical Council of Pharmaceutical Specialties at the request of the Minister or the Convention Commission with pharmacists referred to in section 48.
This proposal, in a written report, is communicated to the Insurance Committee and the Budget Control Board;
3° on the basis of the proposal prepared by the Convention Commission with pharmacists referred to in section 48, the Insurance Committee or the Minister, maintained in its original or amended text after being submitted to the advice of the Technical Council of Pharmaceutical Specialties; This notice is expected to be given if it is not filed within 60 days of the application date.
The procedure referred to in the 3rd may be followed:
(a) where the Technical Council of Pharmaceutical Specialties fails to comply with the request for a proposal referred to in 2°, within 30 days of the application;
(b) when the Technical Council of Pharmaceutical Specialties formulates a proposal that does not meet the objectives contained in the application referred to in 2°; in this case, the rejection of the proposal of the Technical Council of Pharmaceutical Specialties must be motivated;
4° on the basis of the procedure provided for in Article 51, § 3, last paragraph;
5° based on the proposal of the Technical Council of Pharmaceutical Specialties formulated in the context of a revision of the admission as provided in § 1^er, transmitted directly to the Insurance Committee and the Budget Control Board.
The time limit for the determination of the price and for the admission of a pharmaceutical specialty to the refund, including the notice of the transparency commission provided for in section 6quater of the Act of 25 March 1964 on drugs, is not more than 180 days.
The King sets out, by order deliberately in the Council of Ministers, the allocation of this period between the authorities concerned.
It also determines the terms and time limits for the introduction of a price application and the introduction of a request for admission of pharmaceutical specialties referred to in this paragraph, as well as the conditions under which the aforementioned deadlines may be suspended.
The King sets out, by order deliberately in the Council of Ministers, the entry into force of the three preceding paragraphs.
In addition to the information to be provided by the applicant, the King may determine the information that the Minister with Public Health in his or her responsibilities and the Minister who has Economic Affairs in his or her responsibilities are required to provide the Technical Council with pharmaceutical specialties to enable it to formulate its proposal. The King also sets the time limit for the information to be provided.
Art. 102. Section XV of Title III, Chapter V, of the Act is replaced by the following provisions:
"Procurement for certain pharmaceutical specialties.
Art. 72. - The Minister who has the Social Affairs in his or her powers and the Minister who has the Economic Affairs in his or her responsibilities may, by mutual agreement, conclude, with the companies that introduce pharmaceutical specialties into the Belgian market that are innovative in accordance with the notice referred to in section 6quater, paragraph 2, of the Act of March 25, 1964 on drugs, contracts with commitments to maintain within the prescribed health limits
These include provisions concerning prices, moderator tickets and insurance interventions for specified periods based on the volumes prescribed for pharmaceutical specialties referred to in paragraph 1^er.
They contain a formal commitment on the part of the company concerned to observe the planned volumes and price adjustments. At the same time, personal quota and insurance will be adapted. These contracts provide for criminal clauses within the meaning of articles 1226 to 1233 included in the Civil Code, which may apply to a company that does not comply with the provisions of the contract.
These contracts may be entered into under two procedures:
1° is based on the proposal made on its own initiative by the Technical Council of Pharmaceutical Specialties, which is submitted for advice to the Insurance Committee and the Budget Control Commission;
2° is based on a proposal prepared by the Minister of Social Affairs, after it was submitted for advice to the Technical Council of Pharmaceutical Specialties.
These proposals are, together with the notice, communicated for advice to the Insurance Committee and the Budget Control Board. All notices are expected to have been given if they have not been filed within two months of the application.
The King shall determine, by a deliberate order in the Council of Ministers, the precise conditions and rules for the application of this Article, including with regard to the duration of the contract, the terms and conditions under which the prescribed volumes are fixed and the terms and conditions under which the original prices may be reduced.
The King may by order deliberately in the Council of Ministers extend the scope of these contracts to other categories of pharmaceutical specialties than those provided for in paragraph 1^er. "
Art. 103. Section XI of Title III, Chapter I, of the Act is deleted.
Art. 104. Section 34 of the Act, as amended by the Acts of 21 December 1994, 20 December 1995 and 22 February 1998, is supplemented by the following paragraph:
"The benefits referred to in paragraph 1^er, 5°, are not covered by compulsory health care insurance when provided to the beneficiaries referred to in an order under section 33, paragraph 1^er, 1° and 2°, during a stay in a hospital setting that gives rise to the payment of one of the amounts referred to in Article 4, §§ 3 to 7, of the national agreement between hospital and insurance institutions, or during any stay not giving rise to the payment of a maintenance day price. This provision may be repealed by deliberate order in the Council of Ministers. "
Art. 105. Section 104 produces its effects on 1^er July 1996.
Expenditures for the amount of benefits referred to in the above-mentioned article that were exempted, between 1^er July 1996 and the effective date of this Act, to the beneficiaries referred to in an order made pursuant to section 33, paragraph 1^er, 1° and 2°, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, are in no way dependent on compulsory health care insurance.
Sub-section IV. - Pharmaceutical sector
Art. 106. Section 165 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Acts of 20 December 1995 and 22 February 1998, is amended as follows:
A) paragraph 6 is replaced by the following paragraph:
"The pricing boards are required to provide insurers, in accordance with the terms to be determined by the King, with data on supplies for which they carry out pricing operations. »;
(b) The following paragraphs shall be inserted between paragraphs 6 and 7:
"These data, which are defined by the King, relate to the nature, quantity of the medicines delivered and the date of this issue, to the amounts charged and to the identification of the pharmacist, the prescriptor and the recipient.
The King may determine that the above data will be transmitted to insurers by the pricing boards using an integrated file. The insurers transmit the data in question to the Institute after they have been made anonymous about the recipient's identity. The King determines the modalities of these data transmissions.
The purpose of the communication is to allow, on the one hand, the organization of the monitoring of prescribed and billed supplies, and, on the other, the evaluation of medical practice in the field of medicines.
The King defines the security measures that all interested parties must take in the collection, transmission and processing of data in accordance with the above-mentioned objectives. "
Sub-section V. - Hands with disabilities
Art. 107. Article 32, paragraph 1^er, 13°, of the same law, as amended by the Royal Decree of 25 April 1997, is replaced by the following provision:
"13th persons registered in the National Register of Natural Persons who, because of their state of health, are recognized as incapable of doing profit work. "
Sub-section VI. - Insurability
Art. 108. Section 32 of the Act, amended by the Act of 4 August 1996 and the Royal Decrees of 18 February 1997 and 25 April 1997, are amended as follows:
A) paragraph 1^er, 13°, is completed as follows:
"is, however, excluded persons who are or may be beneficiaries of the right to health care under an enforcement order in section 33; »;
B) paragraph 1^er, 14°, is completed as follows:
"is, however, excluded persons who are or may be beneficiaries of the right to health care under an enforcement order in section 33; "
Art. 109. Article 33, paragraph 1^er, 3°, of the same law, repealed by the Royal Decree of 25 April 1997, is reinstated in the following wording:
"3° to persons under 1° and 2° who, because of their state of health, are recognized as incapable of doing profit work. "
Art. 110. The provisions of articles 108 and 109 come into force on 1^er January 1999. The King shall determine, by Royal Decree deliberated in the Council of Ministers, the forms and modalities of the allocation of expenses between the independent and general regimes between 1^er January 1998 and 1^er January 1999.
Sub-section VII. - Home care
Art. 111. Section 34, 1°, (b), of the Act is replaced by the following:
"(b) care provided by nursing practitioners and home nursing services; the above-mentioned home nursing services must meet the criteria set by the King in accordance with Article 5, § 1^er, first paragraph of the law of 27 June 1978 amending the law on hospitals and on certain other forms of dispensation, as amended by the law of 25 January 1999".
Art. 112. Article 34, paragraph 1^er, 14°, of the same law, reinserted by the law of February 22, 1998, is supplemented by the following terms: "or beneficiaries requiring palliative care at home".
Art. 113. Article 37 of the same law is inserted a paragraph 13, which reads as follows:
“§ 13. The King may, by order deliberately in the Council of Ministers, establish, on the proposal or after the advice of the Committee of Convention and after the advice of the Committee of Insurance and the Committee of Budgetary Control, a lump-sum intervention of insurance for the specific tasks of home nursing services referred to in article 34, 1°, b), as well as the conditions of such intervention. "
Sub-section VIII. - Medico-pediatric Centre
Art. 114. Section 22, 6°, of the Act, is replaced by the following provision:
"6° concludes with the establishments of functional rehabilitation and vocational rehabilitation and with the medical-pediatric centres, on the proposal of the College of Physicians-Directors, the conventions referred to in Article 23, § 3. "
Art. 115. It is inserted in Article 23, § 1^erin the same law, between the first and the second sentence, the following sentence:
"It also has the task of deciding, in each case, on the care of health-care benefits provided in the medical-pediatric centres for children with chronic disease referred to in article 34, 9°, a). "
Art. 116. In section 23, § 2, of the same law, the words "When this rehabilitation program involves" are replaced by the words "When the programs and benefits referred to in paragraph 1^er behave".
Art. 117. In Article 23, § 3, of the same law, as amended by the Royal Decree of 25 April 1997, the following amendments are made:
1° the words "functional and vocational rehabilitation institutions" are replaced by the words "functional and vocational rehabilitation institutions and medical-pediatric centres for children with chronic disease";
2° the words "the draft functional rehabilitation convention" are replaced by the words "the draft functional rehabilitation convention and the draft conventions with the medico-pediatric centres".
Art. 118. Section 34, 9°, (a), of the same Act, is replaced by the following provision:
“(a) in the medico-pediatric centres for children with chronic disease and in the colony for debilitated children; "
Art. 119. Sections 114 to 118 come into force on 1^er January 1999.
Sub-section IX. - Fees
Art. 120. An article 36ter, as follows, is inserted in the same law:
"Art. 36ter. § 1^er. Until the King has established, in accordance with the provisions of section 36bis, a regulation on accreditation for physicians, dental practitioners and pharmacists-specialists in clinical biology, this matter continues to be governed by the national medico-mutualist and dento-mutualist agreements referred to in section 50, § 1^erand by agreement with pharmacists referred to in section 48.
§ 2. The medico-mutualist national agreement concluded on 17 February 1997 is expected to provide a flat honorary of 20,000 francs for 1998. "
Art. 121. Section 50bis of the Act, inserted by the Act of 22 February 1998, is replaced by the following section:
"Art. 50bis. § 1^er. If there is no agreement referred to in section 50 in force, the rates used as the basis for calculating the intervention of the insurance are the maximum fees that may be claimed by the physician, if the care is provided:
(a) in an organized custody service;
(b) in the context of an admission to an intensive care service;
(c) patients admitted to a common room or two-bedded room, having applied for admission to a common room or two-bed room or admitted to a special room for medical reasons;
(d) Children hospitalized with an accompanying parent.
§ 2. If an agreement referred to in section 50 is in force, the rates used as the basis for calculating the intervention of the insurance are the maximum fees that may be claimed by the physician who has joined the agreement or not, if the care is provided:
(a) in an organized custody service;
(b) in the context of an admission to an intensive care service;
(c) Children hospitalized with an accompanying parent.
The King, after the advice of the National Medico-mutualist Commission, makes mandatory until 31 December 1999 the fees resulting from the agreement for services provided to patients admitted in the common room or in a double bed room, having requested to be admitted in the common room or in a double bed room or admitted to a special room for medical reasons, whether or not the doctor adheres to the agreement.
The King can, from 1^er January 2000, after the advice of the National Medico-mutualist Commission, issued pursuant to Article 50, § 2, paragraph 4, make mandatory the fees that arise from the benefit agreement referred to in the preceding paragraph.
If the agreement as referred to in Article 50 does not contain provisions concerning the maximum fees for the benefits referred to in paragraph 2, it shall apply § 1^er.
§ 3. The King may, by order deliberately in the Council of Ministers, fix the maximum fees and maximum surcharges of fees that may be claimed by the physicians engaged or not if care is provided to patients who are admitted to a particular room at their express request and without their treatment.
It also determines the information that the doctor or hospital manager must provide to patients and the manner in which such information may be given. "
Art. 122. Article 120 produces its effects on 8 February 1998.
Section 121 produces its effects on 1^er December 1998.
Section X. - Closure of accounts
Art. 123. Section 40 of the Act, amended by the Act of 20 December 1995 and the Royal Decrees of 10 December 1996 and 25 April 1997, is supplemented by the following paragraph:
Ҥ 5. At the end of the accounts, the overall annual budgetary objective between the general plan and the self-employed plan, to determine the overall annual budgetary objective of each plan, is set in proportion to the expenditures for benefits, in each of the two health insurance plans, in the said closing of the accounts. The provisions are applied for the first time on the closing of the 1998 fiscal year. "
Sub-section XI. - Conventions
Art. 124. Article 51, § 1^erthe Act, amended by the Acts of 20 December 1995 and 10 December 1997, is supplemented by the following paragraph:
"Without prejudice to the preceding provisions and those of Article 49, if, on the expiry date of a convention, no new agreement has been entered into, the prices and fees set out in the previous agreement that expires, continue to be used as a basis for calculating the intervention of the insurance until a new agreement or any other lawful text, comes into force. "
Sub-section XII. - Simplification of pricing
Art. 125. Article 53, paragraph 1^er, of the same law, is supplemented as follows:
"or in the manner determined in a Regulation taken by the Insurance Committee on the proposal of the Technical Council competent according to the nature of the benefits. "
Sub-section XIII. - Clinical biology
Art. 126. In Article 57, § 2, of the Act, amended by the Acts of 20 December 1995 and 25 April 1997, the following amendments are made:
(a) in paragraph 1^er, the first sentence is replaced by the following sentence:
"The National Medico-mutualist Commission specifies in an agreement confirmed by Royal Decree, after the advice of the Insurance Committee and after approval by the General Council, the rules for calculating the packages referred to in § 1^er.
(b) Paragraph 2 is replaced by the following provision:
"In the absence of approval by the General Council, the procedure provided for in § 3 may apply. "
Art. 127. Article 60, § 3, of the same law is replaced by the following provision:
“§3. The National Medico-mutualist Commission specifies in an agreement confirmed by Royal Decree, after the advice of the Insurance Committee and after approval by the General Council, the method of fixing the package referred to in § 2, its rules of calculation, its terms of payment and any other provision allowing the implementation of this package. In the absence of approval by the General Council, the procedure provided for in § 4 may apply. "
Art. 128. In Article 61, § 7 and § 16 of the Act, paragraph 3 is replaced by the following paragraph:
"The debt balance is payable within 30 days of notification to the laboratory concerned. Nevertheless, the King may set other deadlines and agree on payment terms and conditions. Upon expiry of these deadlines and/or in the event of non-compliance, the laboratory shall be entitled to pay the full amount still outstanding. "
Art. 129. In Article 61, § 7, paragraph 4 and § 16, paragraph 4 of the Act, the first sentence shall be replaced as follows:
"In the event of non-payment within the time limits and/or under the terms and conditions referred to in paragraph 3, all outstanding amounts are valued at 12 p.c. the year, from the day that follows the day of the unrespected maturity to the day of payment. "
Art. 130. In section 64 of the Act, as amended by the Act of 22 February 1998, the following amendments are made:
A) paragraph 1^er, 1°, is completed as follows:
"Only benefits from devices with an identification number and a counter can be reimbursed. Under the conditions to be determined by the King, the particular care certificate or the document to be issued mentions the identification number assigned by the Institute to the service in which the services are performed, as well as the device identification number by means of which the service is performed and the service order number, as noted by the meter; »;
B) paragraph 2 is replaced by the following paragraph:
"It is prohibited to charge the patient with benefits that do not meet the conditions set out in paragraph 1^er. "
Art. 131. The King sets the effective date of Article 130.
Sub-section XIV. - Financial arrangements
Art. 132. Section 191 of the Act, amended recently by the Act of 22 February 1998, is supplemented by a point 24°, which reads as follows:
"24° royalties collected by insurers, pursuant to Article 4, paragraph 4 of the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of all social insured persons, pursuant to Articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes on the occasion of the replacement of the card "
Art. 133. Section 192, paragraph 4, 1°, (j), of the Act, as amended by the Royal Decree of 25 April 1997, is replaced by the following provision:
"(j) the resources referred to in section 191, paragraph 1^er12° to 20°, 23° and 24°; "
Art. 134. Article 195, § 2, of the Act, is supplemented by paragraph 4, which reads as follows:
"The administrative costs are increased by the amount of royalties referred to in section 191, 24°; They are fully responsible for the health care sector, the wages of wage workers. "
Art. 135. Section 191 of the Act, amended recently by the Act of 22 February 1998, is supplemented by a paragraph 2, which reads as follows:
"When supplements of contributions or premiums, revenues and deductions referred to in paragraph 1^er, 8°, 9° and 13°, derive from insurances subscribed to by a foreign insurer, the King sets out the modalities for the collection of these resources and defines, in this context, the mission of the representatives referred to in sections 178 of the Code of Taxes assimilated to the stamp and 224-2bis of the General Regulation on taxes assimilated to the stamp. "
Art. 136. In Article 195, § 2, paragraph 3, of the same Law, the words "for the period of 1^er January 1985 to December 31, 1993 are replaced by the words "to December 31, 1993".
Sub-section XV. - The key to normative distribution
Art. 137. Section 196, § 2, of the Act, replaced by the Royal Decree of 12 August 1994, confirmed by the Act of 21 December 1994, is supplemented by the following paragraph:
"By derogation from the time limits set out in paragraph 1^er, the King may, under the conditions determined by him, provide, on the proposal of the General Council, the adaptation of the normative distribution key of a year considered to the extent that this adaptation is limited to the effect arising from the correction of data used or the use of new data, without modifying the parameters chosen. This adaptation of the normative key must be made prior to the approval of the closing of the accounts for the last year of each phase. "
Art. 138. In Article 199, § 3, of the Act, the following paragraph shall be inserted between paragraphs 2 and 3:
"Where applicable, section 199, paragraph 2, paragraph 5, applies to the contribution that insurers impose on affiliates to them in order to complete the aforementioned reservation. "
Section II. - Insurance benefits
Art. 139. Section 93, paragraph 8, of the Act, inserted by the Act of 22 February 1998, is replaced by the following provision:
"The King may, for the categories of workers incapacity for work from the fourth month and of invalids that He defines and under the conditions that He determines, grant a lump sum allowance for assistance of third parties. "
Art. 140. Article 101, paragraph 1^er, of the same law, is replaced by the following provision:
"The worker who has been recognized unable to work without the prior authorization referred to in section 100, §2, but whose working capacity has remained reduced by at least 50% from a medical point of view, is required to reimburse the compensation he has received for the days or period during which or during which he or she has performed this unauthorized work. "
Art. 141. Article 102, paragraph 1^er, from the same law, the words "and that the activity carried out has been compatible with its state of health" are deleted.
Section III. - Maternity Insurance
Art. 142. In section 114 of the Act, paragraphs 1^er and 2 are replaced by the following:
"Prenatal rest begins, at the request of the holder, at the earliest date of the seventh week preceding the presumed date of delivery or the ninth week, when a multiple birth is scheduled. To this end, the licensee shall issue a medical certificate to its insurer stating that delivery is normally required at the end of the rest period. If the delivery occurs after the date provided by the doctor, prenatal rest is extended to the actual date of delivery.
Postnatal rest extends to an eight-week period that takes place on the day of delivery. This period may be extended up to the period during which the licensee continued the controlled work or unemployment from the seventh to the second week included before delivery and from the ninth to the second week included when multiple births are scheduled. The King may determine the periods that may be assimilated for the extension of postnatal rest to a period during which the holder continued to work or to be unemployed during the above-mentioned period. "
Art. 143. Article 39 of the Labour Act of 16 March 1971, as amended by the Acts of 22 December 1989 and 29 December 1990, paragraphs 1^er and 3 are respectively replaced by the following:
"At the request of the worker, the employer is required to give her leave as soon as possible from the seventh week preceding the alleged date of delivery or the ninth week before that date, when a multiple birth is scheduled. The worker shall give her 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 actual date of delivery.
The interruption of work is extended, at its request, beyond the eighth week, for a period of time equal to the duration of the period during which it continued to work from the seventh week before the exact date of delivery or the ninth week when a multiple birth is scheduled. This period is, in the case of premature birth, reduced the number of days during which she worked during the seven-day period preceding the date of delivery. The King may assimilate to periods of work, certain periods of suspension of the performance of the employment contract and certain absences when it comes to persons who, other than under a contract of work, provide work benefits under the authority of another person. "
Section IV. - Medical control
Art. 144. Section 146 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, is supplemented by the following paragraphs:
"The Medical Control Service may also denounce to the disciplinary bodies concerned the facts collected during its investigations, as such information may be of interest to them in the exercise of their supervision.
These authorities also inform the Medical Supervisory Service of the final decisions they have made regarding facts that have adversely affected health care insurance and compensation.
The provincial councils and appeal councils of the College of Physicians communicate in particular to the above-mentioned service the penalties imposed for the abuse of diagnostic and therapeutic freedom.
These communications mention the motivation and mechanism of these sanctions. "
Section V - Abolition of the National Retirement Fund for Minor Workers
Art. 145. In article 78bis, § 2, paragraph 3, of the same law, inserted by the law of 29 April 1996 and replaced by the law of 22 February 1998, the words "staff and substitutes" are deleted.
Art. 146. Section 145 comes into force on 1^er January 1999.
Section VI. - Contribution on the turnover of pharmaceuticals
Art. 147. Article 191, paragraph 1^er, 15°, of the same Act, as amended by the Act of 20 December 1995 and replaced by the Act of 22 February 1998, are amended as follows:
1° paragraph 3 is replaced by the following paragraph:
"For the years 1995, 1996, 1998 and 1999, the amount of this contribution is set at 2%, 3%, 4% and 4% of the turnover that was made respectively during the years 1994, 1995, 1997 and 1998";
2° the second sentence of paragraph 5 is replaced by the following sentence:
"For the years 1995, 1996, 1998 and 1999, they shall be introduced respectively before 1^er February 1996, 1^er November 1996, 1^er March 1999 and 1^er April 1999. »;
Paragraph 6 is replaced by the following paragraph:
"For the years 1995, 1996, 1998 and 1999, the contribution must be paid respectively before 1^er March 1996, 1^er December 1996, 1^er April 1999 and 1^er May 1999 on account No. 001-1950023-11 of the National Institute of Disability Health Insurance, indicating, according to the year concerned, the reference to: " turnover contribution 1994", " turnover contribution 1995", " turnover contribution 1997" or " turnover contribution 1998". »;
4° the last paragraph is replaced by the following paragraph:
"The revenues resulting from the above-mentioned contribution are charged in the accounts of the compulsory health care insurance, respectively, for the year 1995 for the turnover of 1994, 1996 for the turnover of 1995 and 1998 for the turnover of 1997. "
Section VII. - National mutualities and unions
Art. 148. An article 37bis, which reads as follows, is included in the Act of 6 August 1990 on mutuality and national mutuality unions:
"Art. 37bis. - In the case of individual transfers of members, referred to in sections 255 et seq. of the Royal Decree of 3 July 1996 implementing the Act respecting compulsory health care and allowances, coordinated on 14 July 1994, it is prohibited for mutualities and national mutuality unions to grant a premium in order to encourage members to request a transfer.
The King shall determine, after the advice of the National Mutual Unions and Mutual Unions, the benefits assimilated to premiums within the meaning of paragraph 1^erand also sets out the transitional provisions and the conditions to be met. "
CHAPTER VII. - Overseas social security
Art. 149. Section 30, 2°, of the Act of 17 July 1963 on overseas social security, as amended by the Act of 16 February 1970, is repealed.
Art. 150. Section 149 applies only to benefits granted under the provisions of Chapter IV of the Act of 17 July 1963 referred to above to insured persons whose illness occurred after 1^er January 1999.
CHAPTER VIII. - Social security of provincial and local governments
Art. 151. Article 140, paragraph 1^er, of the New communal law, is replaced by the following paragraph:
"The salary, plus employer contributions for pensions for the common pension plan of the administrations affiliated to the National Social Security Office of the provincial and local governments, as well as the contributions and all costs of the regional receiver, including the hiring costs, are borne by all administrations of the same province that are served by a regional receiver. "
Art. 152. In section 140 of the Act, the following paragraph is inserted between paragraphs 4 and 5:
"The employers' and personal contributions due, for the financing of pensions, are paid by the State to the National Social Security Office of the provincial and local governments through the service responsible for the payment of salaries, during the month of payment. "
Art. 153. In section 161, paragraph 2, of the Act, the words "and regional receivers" are deleted.
Art. 154. In section 161 of the Act, the following paragraph is inserted between paragraphs 2 and 3:
"With respect to the pension plan, regional receivers appointed on a final basis are fully affiliated with the National Social Security Office of provincial and local governments. "
Art. 155. The employer's contribution to the family allowance regime and the employer's contribution to the occupational disease regime, referred respectively to in section 18 and 18bis of the royal decree of October 25, 1985 carrying out Chapter I^er, section 1^re Act of 1^er August 1985 bringing social provisions are equal to the employers' social security contributions referred to in Article 38, § 3, 5° and 6°, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, whenever a waiver of the contributions referred to in Article 38, § 3, 5° and 6°, of the aforementioned law is provided by a measure taken by the provincial office or
Art. 156. Section 155 produces its effects on 1^er June 1997.
CHAPTER IX. - Annual holidays
Art. 157. Article 5, paragraph 2, of the laws relating to the annual holidays of employees, coordinated on 28 June 1971, is replaced by the following provision:
"The casual work during periods of non-mandatory attendance at the educational institution is not considered a first occupation. "
Art. 158. Article 19, § 1^erParagraph 5 of the Act, replaced by the Act of 13 May 1976, is repealed.
Art. 159. Sections 157 and 158 are applied from the 1998 vacation year, 1999.
Art. 160. Section 33, paragraph 2, of the Acts is replaced by the following paragraph:
"The King shall determine the conditions under which the capitals or remnants of toll due after correction and not equal to the amount fixed by him shall not be paid. "
Art. 161. In order to allow for the payment of vacation pay in 1999, the King may, by order deliberately in the Council of Ministers, assign to the National Office for annual holidays part of the financial means of the Global Management provided for in Article 22, § 2, (a), of the Act of 29 June 1981 establishing the general principles of social security of employed workers.
PART III. - Social integration
CHAPTER I^er. - Disability allowances
Art. 162. In section 6 of the Act of 27 February 1987 on Disability Allowances, the following amendments are made:
A) in § 3, replaced by the Act of 22 December 1989, the second sentence is replaced by the following:
"The amount of these two allowances varies according to the degree of autonomy and according to the category to which the disability belongs. »;
B) the article is supplemented by a § 4, which reads as follows:
Ҥ4. For the integration allowance, the categories are defined as follows:
1° to category 1 belongs the handicapped whose degree of autonomy is fixed at 7 or 8 points;
2° to category 2 belongs the handicapped whose degree of autonomy is fixed from 9 to 11 points;
3° to category 3 belongs the handicapped whose degree of autonomy is fixed from 12 to 14 points;
4° to category 4 belongs the disabled whose degree of autonomy is fixed at least 15 points.
The handicapped who earns less than 7 points cannot claim an integration allowance.
For the allowance for older persons, the categories are defined as follows:
1° to category 1 belongs the handicapped whose degree of autonomy is fixed at 7 or 8 points;
2° to category 2 belongs the handicapped whose degree of autonomy is fixed from 9 to 11 points;
3° to category 3 belongs the handicapped whose degree of autonomy is fixed from 12 to 14 points;
4° to category 4 is the disabled whose degree of autonomy is fixed at 15 or 16 points;
5° to category 5 belongs the handicapped whose degree of autonomy is fixed at 17 or 18 points.
The disabled who earns less than 7 points cannot claim an allowance for assistance to the elderly. "
Art. 163. Section 162 comes into force on 1^er July 2000.
Art. 164. Article 7, § 2, of the Act is supplemented by paragraph 3, which reads as follows:
"From 1^er July 2000, a replacement income of not more than 100,000 francs is assimilated to income from work actually presumed by the disability for the calculation of income referred to in paragraph 1^er. "
Art. 165. In Article 16, § 4, paragraph 1^er, from the Act of 27 February 1987 on Disability Allowances, the words "one month" are replaced by the words "three months".
CHAPTER II. - Poverty and social integration
Art. 166. Article 5, § 4, of the Act of 2 April 1965 on the care of relief provided by public welfare centres, is supplemented by the following paragraphs:
"The grant is payable to the public social welfare centre and is equal to 100% when it acts as an employer pursuant to Article 60, § 7, of the Organic Law of July 8, 1976 of the public social welfare centres in order to allow an indigent, referred to in paragraph 1^erto obtain the full benefit of a social allowance of at least equal to that of the right to a minimum of means of existence.
A subsidy is also payable to the public social welfare centre, under the same legal and regulatory conditions as those referred to in Article 18, § 4, paragraphs 2 to 4, of the Act of 7 August 1974 establishing the right to a minimum of means of existence, where, pursuant to Article 61 of the Organic Act of 8 July 1976, the centre concludes with a private enterprise a contract of employment for an indigent referred to in Article 1^er.
The King may, by order deliberately in the Council of Ministers, determine certain categories of indigent foreign nationals registered in the register of aliens, for whom the subsidy referred to in paragraphs three and four is payable to the public social welfare centre when the employment of the persons concerned is carried out under the same conditions as those set out in paragraphs three and four. "
Art. 167. Section 166 produces its effects on 1^er January 1998.
Art. 168. In Article 18, § 4, paragraph 3, of the Act of 7 August 1974 establishing the right to a minimum of means of existence, the words " referred to in paragraph 1^er are replaced by the words "subparagraph 2".
CHAPTER III. - Activation of minimum means of existence
Art. 169. Article 2, § 5, of the Law of 7 August 1974 establishing the right to a minimum of means of existence, inserted by Article 272 of the Law of 22 February 1998 on social provisions, is replaced by the following text:
“§ 5. By derogation from the general provisions of §§ 1^er and 3 and in Article 5, the King sets out, by a deliberate decree in the Council of Ministers, the monthly amount of the minimum of means of existence for being entitled to work in a program of insertion for its integration into the labour market. It determines in this order the conditions of access to the various programmes of insertion and granting of the minimum means of existence.
If, after application of the provisions contained in paragraph 1^erthe person concerned shall have resources less than the minimum amount of means of existence to which he may claim under the general provisions of §§ 1^er and 3 and in Article 5, a minimum of means of existence shall be granted to it in accordance with these provisions. "
Art. 170. A new § 5bis is inserted in Article 2 of the Law of 7 August 1974 establishing the right to a minimum of means of existence, as follows:
“§ 5bis. With regard to tax and social legislation, with the exception of the cases determined by the King in the legislation establishing the right to a minimum of means of existence, the minimum of means of existence provided for in § 5, paragraph 1^er is considered a remuneration.
The employer who occupies the workers referred to in § 5, paragraph 1^er and does not comply with the conditions set by the King, is required to pay a lump sum compensation to the public social welfare centre, whose amount, special conditions and terms are determined by the King by order deliberately in the Council of Ministers.
By derogation from Article 23 of the Law of 12 April 1965 concerning the protection of the remuneration of workers, the minimum of means of existence referred to in § 5, paragraph 1^er, may be charged to the worker's remuneration. This charge is performed directly after the deductions authorized under section 23, paragraph 1^er, 1°, of the same law and does not intervene within the limit of a fifth provided for in section 23, paragraph 2.
The King may, by order deliberately in the Council of Ministers, under the conditions it determines, for the occupied workers with the benefit of the minimum means of existence referred to in § 5, paragraph 1^er :
1° provide for exemptions from the provisions of the Act of 3 July 1978 relating to contracts of work, with respect to the rules relating to the termination of the contract of work by the worker when the worker is engaged in the bonds of another contract of work or appointed in an administration;
2° provide for derogations from the provisions setting the amount of remuneration, but do not deviate from the guaranteed minimum monthly income amounts set by collective labour agreements concluded within the National Labour Council and made mandatory by Royal Decree;
3° provide for a temporary, total or partial exemption from the employers' social security contributions referred to in article 38, §§ 3 and 3bis, of the law of 29 June 1981 establishing the general principles of social security of wage workers and employers' social security contributions, referred to in article 2, §§ 3 and 3bis, of the decree-law of 10 January 1945 concerning the social security of minor and assimilated workers;
4° derogate from the provisions of the Royal Decree of 28 June 1971 adapting and coordinating the legal provisions concerning the annual holidays of employed workers taking into account the rights that the worker retains as being entitled to the minimum of means of existence. "
Art. 171. Sections 169 and 170 produce their effects on 1^er January 1998.
Art. 172. An article 57quater, which reads as follows, is included in the Act of 8 July 1976 of the State Social Welfare Centres:
"Art. 57quater. § 1^er. The person registered in the register of the population and who because of his nationality is not entitled to the minimum of means of existence can be put to work in an integration program for his integration into the labour market.
§ 2. The King sets out by a deliberate decree in the Council of Ministers the monthly financial amount of social assistance for the beneficiary employed in such a program. It determines in this Order the conditions of access to the various programmes of insertion and granting of financial assistance.
The King determines by the same decree the conditions for granting additional financial assistance when the amount of resources available to the person concerned by his or her employment is less than that set out in Article 2, § 1^er, of the law of 7 August 1974 establishing the right to a minimum of means of existence for the category of persons to which the person belongs.
§ 3. With regard to tax and social legislation, with the exception of the cases determined by the King, the financial assistance provided for in § 2, paragraph 1^er is considered a remuneration.
The employer who occupies the workers referred to in § 1^er, and which does not comply with the conditions laid down by the King, is obliged to pay a lump sum compensation to the public welfare centre, whose amount, special conditions and terms are determined by the King by a deliberate decree in the Council of Ministers.
By derogation from Article 23 of the Law of 12 April 1965 concerning the protection of the remuneration of workers, the financial assistance referred to in § 2, paragraph 1^er, may be charged on the remuneration of the worker. This charge is performed directly after the deductions authorized under section 23, paragraph 1^er, 1°, of the same law and does not intervene within the limit of a fifth provided for in section 23, paragraph 2.
The King may, by a deliberate decree in the Council of Ministers, under the conditions it determines, for the workers occupied with financial assistance in § 2, paragraph 1^er :
1° provide for exemptions from the provisions of the Act of 3 July 1978 relating to contracts of work, with respect to the rules relating to the termination of the contract of work by the worker when the worker is engaged in the bonds of another contract of work or appointed in an administration;
2° provide for derogations from the provisions setting the amount of remuneration, but do not deviate from the guaranteed minimum monthly income amounts set by collective labour agreements concluded within the National Labour Council and made mandatory by Royal Decree;
3° provide for a temporary, total or partial exemption from the employers' social security contributions referred to in article 38, §§ 3 and 3bis, of the law of 29 June 1981 establishing the general principles of social security of wage workers and employers' social security contributions, referred to in article 2, §§ 3 and 3bis, of the decree-law of 10 January 1945 concerning the social security of minor and assimilated workers;
4° derogate from the provisions of the Royal Decree of 28 June 1971 adapting and coordinating the legal provisions relating to the annual holidays of employees taking into account the rights that the worker retains as a beneficiary of financial assistance. "
Art. 173. Section 172 produces its effects on 1^er January 1998.
Art. 174. Article 5, § 4, paragraph 2, of the Act of 2 April 1965 on the care of relief provided by public welfare centres, inserted by the law of 22 February 1998, is replaced by the following paragraph:
"The grant is equal to 100% of the amount of the financial assistance to the indifferent referred to in paragraph 1^erwhere such assistance is granted pursuant to Article 57quater of the Act of 8 July 1976 organic of public welfare centres. "
Art. 175. Section 174 produces its effects on 1^er January 1998.
PART IV. - Public health
CHAPTER I^re. - Royal Decree No. 78 of 10 November 1967
Section I^er. - Medical and electronic nurse record
Art. 176. In Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions, is inserted, an article 45bis, written as follows:
"Art. 45bis. § 1^er. The King may set minimum criteria to be met, to be approved by the Minister who has Public Health in his or her powers, the software for the management of the medical file and electronic nurse.
§ 2. The criteria to be met, in order to be approved, the software for the management of the medical and electronic nurse file may include the following: the functions they perform, the medical data banks and the internal nurses to the software and their interchangeability, the patient's file architecture, the codification of conditions, the applications of statistics, the help of the diagnostics, the aid of the therapeutic and the prescription, the list of medical data unonym
§ 3. The criteria are set by the King, by order deliberately in the Council of Ministers, and on the advice of a multidisciplinary working group, which the King designates.
§ 4. The working group referred to in § 3 shall include, at the time of making an opinion on these criteria, at least one representative of the Minister of Public Health, the Minister of Social Affairs, the Minister of Justice, the Minister of Economic Affairs and representatives of the relevant occupational groups.
§ 5. Based on the opinion of the multidisciplinary working group referred to in § 3 and constituted in accordance with § 4, the Minister may approve software for the management of the medical file and electronic nurse. "
Section 2. - Paramedical Professions
Art. 177. Section 24 of the same order is replaced by the following provision:
“Art. 24. § 1^er. No one, apart from practitioners, referred to in Article 2, § 1^er, and articles 3, 4 and 21bis, with respect to the benefits related to their respective art, cannot perform specified benefits pursuant to Article 23, § 1^er, or acts referred to in section 22, 2 and 3, if the Minister does not hold an approval issued by the Minister who has the Public Health in his or her powers.
§ 2. The King shall, on the advice of the National Council of Paramedical Professions, establish the conditions and rules for obtaining, maintaining and withdrawing the approval referred to in § 1^er.
This approval may only be granted to persons who meet the qualification requirements specified in the execution of Article 23, § 1^er, or acts referred to in Article 22, 2° and 3°. "
Art. 178. An article 24bis, as follows, is inserted in the same order:
"Art. 24bis. - Practitioners performing the acts referred to in Article 22 may only practise their profession if they have previously been directed by the Medical Commission provided for in Article 36 and competent because of the place where they intend to settle.
When the visa is granted, the commission shall register the person concerned in accordance with the terms set by the King.
The visa is granted against payment of a fee. The King sets out the amounts and payment methods for this fee. "
Art. 179. Article 25, § 1^er, of the same order, the words "if it meets the required qualifications" are replaced by the words "if it is not a holder of the approval referred to in Article 24, § 1^er "
Art. 180. Section 54ter of the same order is replaced by the following provision:
"Art. 54ter. § 1^er. By derogation from Article 24, § 2, paragraph 2, the approval referred to in Article 24, § 1^er, is granted ex officio to persons who, at the time of the entry into force of the Royal Decree taken pursuant to Article 24, § 2, paragraph 1^er, are approved for this profession by the Health Care Service of the National Institute of Disability Health Insurance, in accordance with section 215 of the Compulsory Health Care Insurance Act, coordinated on July 14, 1994.
§ 2. By derogation from Article 24, § 2, paragraph 2, the approval referred to in Article 14, § 1^er, is granted to persons who make the request, not referred to in § 1^er and holders:
1° is - in respect of a profession, for which there is a training from an institution created, subsidized or recognized by the competent authority - of a diploma, issued by an institution created, subsidized or approved by the competent authority, sanctioning a training whose level but not completely the theoretical and practical training and internships, meets the conditions, referred to in Article 24, § 2, paragraph 2, for as long as they obtain this degree §^er;
2° is - in respect of a profession for which there is no training at an institution created, subsidized or recognized by the competent authority - of a diploma, issued by an institution created, subsidized or recognized by the competent authority sanctioning a training whose level meets the conditions, referred to in Article 24, § 2, paragraph 2, provided that they obtain that degree before the end of the year in which the first diplomas are issued §
In order to introduce the application for approval to the Minister who has Public Health in his or her powers, the persons referred to in 1° and 2°, shall have one year from the date of the entry into force of the Royal Decree pursuant to Article 24, § 2, paragraph 1^er, or upon graduation of the above-mentioned degrees. During this transitional period and as long as their application for accreditation has not yet been decided, they may continue to practise their profession.
§ 3. By derogation from Article 24, § 1^er, persons who do not meet the qualification requirements of Article 24, § 2, paragraph 2, but who, at the time of publication of the list of benefits or the list of acts of the paramedical profession of which they belong, carried out these benefits or acts for at least three years, may continue the same activities under the same conditions as practitioners of the paramedical professions performing these benefits or acts.
By derogation from Article 24, § 1^er, persons who do not meet the qualification requirements set out in Article 24, § 2, paragraph 2, for their paramedical profession, for which there is no training within the meaning of the qualification conditions referred to above, may continue the same activities under the same conditions as the practitioners of the paramedical professions performing these benefits or acts, as long as they perform these services or acts at the time of the first diplomas referred to in Article 2.
In pain of losing the benefit of the provision in paragraph 1^er or paragraph 2 of that subsection, they are required to be made known to the Minister who has Public Health in his or her powers, after a procedure established by the King; on this occasion, they publicize the activities for which they invoke the benefit of acquired rights. The procedure established by the King will determine, inter alia, how evidence of the performance of the benefits or acts referred to in paragraph 1^er, will be reported. "
Art. 181. § 1^er. In Article 30, § 1^er, 3°, paragraph 1^er, in the same order, the words "and an official of the Ministry of Social Welfare or a public institution that reports to it" are replaced by:
"and at least two doctors proposed by the Medical Control Service Committee established at the National Institute of Disability Health Insurance."
§ 2. Article 30, § 1^er, 3°, paragraph 2, is amended to read:
"In the light of the staff member and physicians proposed by the Medical Control Service Committee referred to above, at least half of the medical members are required to perform their duties in a care facility. "
Art. 182. In Article 31 of the same Royal Decree, the words "one of the members referred to under 5° and one of the members referred to under 5°bis" are replaced by the words "and one of the members referred to under 5°".
Art. 183. The King sets out, by order deliberately in the Council of Ministers, the entry into force of articles 177 to 180 by profession.
Section 3. - National Council of physiotherapy
Art. 184. In article 21ter, § 7, of the same decree, the words ", with regard to the opinions referred to in article 47, § 1^er," are inserted between the words "Council decisions are" and the words "acquired to".
Section 4. - Medical and Paramedical Professions
Art. 185. An article 45ter, as follows, is inserted in the same order:
"Art. 45ter. § 1^er. Professional practitioners, referred to in sections 2, 3, 4, 5, § 2, 21bis, 21quater and 22, who register patient data and transmit them anonymously to the Minister who has Public Health in his duties and to the Scientific Institute of Public Health Louis Pasteur may be granted a subsidy within the limits of the budget of the department responsible for the application of this Order.
§ 2. The King determines, by order deliberately in the Council of Ministers, the nature and destination of such data, the other conditions to which the registration of data and the conditions to which the practitioners concerned must respond, as well as the conditions for the allocation of the subsidy. "
Section 5. - Medical Commission
Art. 186. Article 37, § 1^er, 2°, b, of the same order, is supplemented by the following paragraphs:
"The practitioner is not free to deliberately subtract from the expert review.
In the latter case, the medical commission may, by unanimous decision, withdraw the visa or subordinate its continued acceptance by the individual of the limitations it imposes during the period necessary to obtain the expert's opinion. This period can never be more than three months, renewable.
When her physical or mental incapacity is such that she fears serious consequences for patients, the medical board may, by unanimous decision, withdraw the visa or subordinate her continued acceptance by the interested party of the limitations it imposes on her, for a period necessary to obtain the expert's advice. This period can never be more than two months, renewable.
The provisional withdrawal or conditional maintenance of the visa shall be terminated as soon as the medical commission has finally decided. "
Art. 187. In article 43, § 2, 1°, of the same decree, the words "chapter I^er bis are replaced by the words "Chapter I^er ter".
Section 6. - Pharmacies
Art. 188. Article 4, § 3bis, is inserted in the same order:
“§3bis. By derogation from section 4, § 3, the Minister of Public Health may grant to the legal person responsible for the management and operation of the Brussels-National airport building, the authorization to open an informal accessible for all categories of passengers in the transit area of the airport building. Authorization is personal and intransmissible.
Any offence under the above-mentioned provision shall result in the invalidity of such authorization.
This officine falls under the application of Belgian pharmaceutical legislation.
The King determines the procedure for this authorization, as well as the conditions and conditions to which the authorization of opening must satisfy. "
Section 7. - Guard services
Art. 189. The following amendments are made to section 9 of the same order:
A) § 1^erParagraph 1^eramended by the Act of 6 April 1995, is supplemented as follows:
"None of the practitioners referred to in sections 2, 3, 4 and 21 bis and meeting the conditions required may be excluded from these custody services, provided that the individual subscribes to the rules of procedure and observes ethical rules. »;
B) § 1^er, paragraph 2, is supplemented as follows:
"and a rules of procedure. »;
C) § 2, paragraph 1^er, is completed as follows:
", and is authorized to approve the rules of procedure referred to in § 1^er and to resolve the challenges in custody services. "
CHAPTER II. - Hospitals Act
Art. 190. In section 9bis of the Hospitals Act, coordinated on August 7, 1987, inserted by the law of December 30, 1988 and replaced by the law of April 29, 1996, the words "or other areas" are added after the words "care areas".
Art. 191. In Title I^er, Chapter I^erin the same Act, a Section 8bis is inserted, as follows:
"Section 8bis. - Network and care circuit
Art. 9ter. § 1^er. For the purposes of this law, one must hear by:
1° "care equipment network": a set of care providers, clinics, institutions and services, which jointly offer one or more care circuits within the framework of an intra- and extra-wall legal collaboration agreement, for a target group of patients to be defined by them and in a sector to be motivated by them;
2° "care circuit": the set of care programs and other equipment, organized through a network, as defined in 1°, which can be covered by the target group or target subgroup referred to in 1°.
§ 2. The King may, by order deliberately in the Council of Ministers, after the advice of the National Hospital Council, designate the target groups for which care must be provided by a network of care facilities. Where applicable, it may designate categories of care providers that are part of this network.
§ 3. The King may, by order deliberately in the Council of Ministers, extend the provisions of this Law, in whole or in part and with necessary modifications, to the care networks referred to in § 1^ercare circuits that are part of it and the various components of the care circuit. "
Art. 192. Sections 9ter and 9quater of the Act now form articles 9quater and 9quinquies respectively.
Art. 193. In Title III, Chapter I^er, of the same law is inserted a section 6, which reads as follows:
“Section 6. - Needs by amusement area
Art. 45bis. - Hospitals that wish to be taken over in the programming or to obtain an approval or extension of the programming for services, functions, sections, medical or medico-technical services or care programs, to be designated by the King, must submit a reasoned request that proves the existence of a need for the activity in question in the area of attraction, which may be specified by the King for each type of activity.
This evidence consists of a report describing the situation in the area of attraction and a multi-year plan detailing the actions to be taken to respond to the perceived need. "
Art. 194. An article 70ter, as follows, is inserted in the same law:
"Art. 70ter. - Every hospital must have a local ethics committee, on the understanding that the King can define the conditions under which this committee can operate under a cooperation agreement between hospitals.
The committee shall carry out the following tasks when the application is made:
1° an accompanying and advisory mission on the ethical aspects of hospital care practice;
2° a support mission to the decision on individual cases;
3° an opinion function on all protocols of experimentation on man and human reproductive material.
The above-mentioned missions may be specified by the King, after the advice of the National Hospital Board.
The King may, after the advice of the National Hospital Establishments Council, set out the conditions, rules and conditions under which the mission referred to in the 3rd must be carried out jointly by the ethics committees of several hospitals.
The King, after the advice of the National Board of Hospital Institutions, sets out the composition and functioning of the local ethical committee. "
Art. 195. In Chapter III of Part III of the Act, a section 8 is inserted, which reads as follows:
“Section 8. - Hospital benefits
Art. 76quinquies. - The King may, after the advice of the National Council of Hospital Institutions, specify by order deliberately in the Council of Ministers the rules relating to medical acts whose execution requires a hospital setting or which must be carried out outside of it. "
CHAPTER III. - Act of 27 June 1978 amending the legislation on hospitals and on certain other forms of care dispensation
Art. 196. In section 5 of the Act of 27 June 1978 amending the law on hospitals and on certain other forms of care dispensation, replaced by the Act of 8 August 1980, amended by Royal Decree No. 59 of 22 July 1982 and by the Act of 20 July 1990, the following amendment is made:
- in § 1^erParagraph 1^er, the words ", home nursing services" are inserted between the words "integrated home care services" and " and registered nursing homes".
PART V. - Social status of independents
CHAPTER I^er. - Amendments to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers
Art. 197. In Article 15, § 2, paragraph 2, 2°, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, the words "the age of 65 or 60, as it is a man or a woman" are replaced by the words "the age of pension, as defined in Articles 3, § 1^er, and 16 of the Royal Decree of 30 January 1997 on the pension scheme of self-employed persons, pursuant to articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, and Article 3, § 1^er4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union".
Art. 198. Article 17, paragraph 1^er, of the same order, is replaced by the following paragraph:
"Independent workers, who consider themselves in need or in a situation close to the state of need, may apply for total or partial exemption from contributions due under articles 12, § 1^erand 13, with reference to the commission referred to in section 22. "
Art. 199. The following amendments are made to section 21bis of the same order:
1° to § 1^er, paragraph 2, the words "of the different regimes and sectors of the social status of self-employed" are replaced by the words "of the overall financial management of the social status of self-employed, referred to in Article 2, paragraph 1^erof the Royal Decree of 18 November 1996 concerning the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I^re Title VI of the Act of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans”;
2° § 2 is repealed.
Art. 200. Articles 197 and 199 produce their effects on 1^er July 1997 and 1^er January 1997.
CHAPTER II. - Amendments to the laws of 26 June 1992
and 30 December 1992 on social and other provisions
Art. 201. An article 78bis, as follows, is included in the Act of 26 June 1992 on social and other provisions:
"Art. 78bis. § 1^er. Companies that, by means of an attestation issued by the Direct Contributions Administration, may prove that they did not engage in commercial or civil activities in 1992 are not liable to the single contribution.
§ 2. The Direct Contributions Authority is required to provide each individual interested in the information and attestations required for the purposes of this chapter, without charge. "
Art. 202. Article 89, § 3, of the Act of 30 December 1992 on social and other provisions is replaced by the following provision:
Ҥ3. The Direct Contributions Administration is required to provide each individual interested in the information and attestations required for the purposes of this chapter, without charge. "
Art. 203. An article 92bis, as follows, is inserted in the same law:
"Art. 92bis. - Companies that, by means of an attestation issued by the Direct Contributions Administration, may prove that they have not engaged in any commercial or civil activity for one or more full calendar years, are not liable for the contribution referred to in section 91 for the years concerned. "
CHAPTER III. - Admission of the self-employed spouse to the supplementary pension plan and establishment of a guarantee of continuity in the payment of premiums in that plan
Art. 204. The following amendments are made to article 52bis of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of independent workers, inserted by the Royal Decree of 26 March 1981 and amended by the Act of 14 December 1989:
1° § 1^er is completed by the following paragraph:
"The supporting spouses referred to in Article 7, 1°, of Royal Decree No. 38 of 27 July 1967 organizing the social status of the independent workers, to whom a share of profits and profits was awarded as income of that activity, pursuant to Article 86 of the Income Tax Code 1992, and who voluntarily became subject to the compulsory insurance scheme against sickness and disability, pension sector, »;
2° to § 2, paragraph 1^er, the words: « referred to in § 1^erParagraph 1^er," are inserted between the words "independent worker" and "must make a contribution";
3° § 2 is supplemented by the following paragraph:
"By derogation from the preceding paragraphs, the independent worker may make a contribution equal to 7% of two thirds of the minimum income referred to in Article 12, § 1^er, paragraph 2, of Royal Decree No. 38 above. »;
4° it is inserted a § 2bis, written as follows:
“§ 2bis. For the purpose of forming the pension referred to in § 1^er, paragraph 2, the assisting spouse must pay a contribution to the social insurance fund to which the independent worker is affiliated. It transmits the contribution to the insurer.
This contribution is equal to 7% of the minimum income referred to in Article 12, § 1^er, paragraph 2, of Royal Decree No. 38 above. »;
5° § 3 is supplemented by the following paragraph:
"The provision of paragraph 1^er is not applicable to contributions referred to in § 2bis. "
Art. 205. Article 145¹of the Income Tax Code 1992, which was introduced by the Act of 28 December 1992, the following amendments are made:
1° the words « to articles 145² to 145¹⁶ are replaced by the words "at Articles 145² to 145^16bis »;
2° it is added a 6° written as follows:
"6° as contributions for a spouse's free pension helping an independent worker. "
Art. 206. II, chapter III, section I^re, sub-section IIbis, of the same Code, it is inserted, under a point G, entitled "Cotisations for the free pension of spouse helping an independent worker", section 145^16bis, as follows:
“Art. 145^16bis. - It is granted a tax reduction calculated on the amount of contributions paid under section 52bis, § 2bis, of Royal Decree No. 72 of 10 November 1967 relating to the pension and survival of independent workers. "
Art. 207. Article 171, 2°, (a), of the same Code, inserted by the law of 28 December 1992 and repealed by the law of 24 December 1993, is reinstated in the following wording:
"(a) the capital liquidated on the normal expiry of the contract or on the death of the insured person and the redemption values liquidated in one of the five years preceding the normal expiry of the contract and provided that these capitals and redemption values are allocated for free pensions for which a tax reduction referred to in Article 145^16bis was granted; "
Art. 208. The provisions of this chapter come into force on 1^er April 1999.
PART VI. - Pensions
CHAPTER I^re. - Self-employed pension
Art. 209. Article 4, § 2, of Royal Decree No. 72 of 10 November 1967 concerning the pension and survival of independent workers, replaced by the Royal Decree of 1^er June 1984, is replaced by the following provision:
Ҥ2. In order to grant the survival pension, the statement of absence of the spouse, in accordance with section 115 of the Civil Code, is proof of his death. The absent spouse is expected to have died as of the date on which the judicial decision to declare absence is cast as a force of evidence. "
Art. 210. Article 9, § 1^er, paragraph 2, of the same order, replaced by the law of 15 May 1984 and amended by Royal Decree No. 416 of 16 July 1986, is supplemented as follows:
"or pursuant to Article 3, § 1^erParagraph 1^er, a), of the Act of 20 July 1990 establishing a flexible retirement age for employed workers and adapting the pensions of employed workers to the evolution of general well-being, or pursuant to Article 5, § 1^erParagraph 1^er(a) the Royal Decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes. "
Art. 211. Article 31, 5°, of the same order is replaced by the following provision:
“5° the cases in which these benefits are suspended for beneficiaries detained in prison or placed in social welfare institutions; "
Art. 212. Section 41, paragraph 2, of the same order, replaced by the Act of 9 June 1970 and amended by the Royal Decree of 13 January 1971, is replaced by the following provision:
“The contested administrative legal acts must, as soon as they are due, be submitted to the competent labour court within three months of their notification. "
CHAPTER II. - Employee pension
Section 1^re. - Amendments to the Royal Decree of 23 December 1996
Art. 213. An article 4bis, as follows, is included in the Royal Decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes:
"Art. 4bis. - The surviving spouse's pension application is also, where applicable, an application for a retirement pension when the surviving spouse reaches the age set out in section 2 or 3 of this order or when the surviving spouse reaches that age within 12 months of the date on which the claim was filed.
The pension claim filed by a surviving spouse is also, where applicable, a surviving spouse claim. "
Section 2. - Amendments to Royal Decree No. 50 of 24 October 1967
Art. 214. Article 16, § 1^erParagraph 1^er, of Royal Decree No. 50 of 24 October 1967 concerning the pension and survival of employed workers, as amended by the law of 5 June 1970, is supplemented as follows:
"The absent spouse is presumed to have died on the date on which the judicial decision to declare absence is cast in force of a deemed act. "
Art. 215. Article 31, paragraph 1^er, 5°, of the same order, is replaced as follows:
"5° the cases in which the benefits of this Order are suspended in respect of beneficiaries held in prisons or interned in social defence institutions, as well as the duration of the suspension. "
Art. 216. Section 37 of the same order is replaced as follows:
“Art. 37. - Expenses resulting from the application of this Order and legislation relating to the retirement and survival pensions of workers, employees, minor workers and sailors navigating under Belgian flag, provided that they do not relate to rents, are covered by:
1 the contributions referred to in Article 3, paragraph 3, of this Order;
2° the annual benefits of management realized in the framework of the unified and harmonized capitalization plans by the law of 28 May 1971, realizing the unification and harmonization of the capitalization plans established under the insurance laws for old age and premature death;
3° the annual intervention of the National Retirement Fund for Minor Workers or the National Disability Insurance Institute, when it has resumed the rights and obligations of the National Retirement Fund for Minor Workers, due to the reduction of their expenses, following the reduction of the twenty-seven years of work on the merits to twenty-five years to obtain a pension in the pension plan for employed workers;
4° the mathematical reserves, increased from the corresponding part of the reserve fund, related to any annuity referred to in Article 8, § 3, of the law of May 28, 1971 establishing the unification and harmonization of the capitalization regimes established under the laws relating to insurance for early age and death.
The transfer of the intended reserves shall be effected within the time and manner determined by the King;
5° the deductions made pursuant to Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability benefits and expenses;
6° the employer's special dependant contribution established by section 268 of the Act program of December 22, 1989;
7° the special contribution referred to in Article 22 of the Royal Decree of 3 November 1969 determining for the personnel navigating civil aviation the special rules for the opening of the right to pension and the special procedures for the application of the Royal Decree No. 50 of 24 October 1967 concerning the pension and survival of the workers employed, of the law of 20 July 1990 establishing a flexible age of retirement for workers employed and adapting
8° the contributions referred to in Article 8 and the allowance referred to in Article 10 of the Royal Decree of 27 July 1971 determining for professional journalists the special rules for the opening of the right to pension and the special procedures for the implementation of the Royal Decree No. 50 of 24 October 1967 concerning the pension and survival of employed workers, of the law of 20 July 1990 establishing a flexible retirement age for workers
9° the refund made by the State under Article 5, paragraph 1^er, 1°, of the Royal Decree of 27 December 1977 implementing Chapter III, Section 5 - Special Prepension for Older Unemployed Persons - and Chapter V, Section 6 - Special Prepension for Older Invalids - of the Act of 22 December 1977 on Budgetary Proposals 1977-1978;
10° the investment income made by the National Pension Board under the distribution regime;
11° the deduction referred to in Article 68, § 5, of the Act of 30 March 1994 on social provisions, amended by the Royal Decree of 16 December 1996 amending the Act of 30 March 1994 on social provisions, pursuant to Articles 15, 6 and 49, of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes and articles 2, § 1^er and 3, § 1^er, 4° and § 2, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union;
12° other legal and regulatory revenues;
13° the balance equal to the difference on the basis of cash between the expenses and the income of the individual, to be financed by the AONSS-Gestion Global under Article 24 of the Law of 29 June 1981 establishing the general principles of the social security of the workers employed, as amended by Article 8 of the Royal Decree of 8 August 1997 concerning measures for the development of the overall pension, pursuant to Article 9 of the law of 26 July^er, 4°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union. "
Art. 217. Article 49bis, paragraph 3, of the same order, inserted by Royal Decree No. 513 of 27 March 1987, is replaced as follows:
"The Council may delegate to it, within the limits it determines, the powers provided for in Article 60bis, § 2, paragraphs 4 and 5. "
Art. 218. Article 60bis, § 1^er, of the same order, inserted by Royal Decree No. 513 of 27 March 1987 and amended by the Act of 22 February 1998, is supplemented by the following paragraph:
"The Commissioner of Government and the representative of the Minister of Finance attend Council meetings, with an advisory voice. "
Art. 219. Article 60bis, § 3, 4°, of the same order, inserted by Royal Decree No. 513 of 27 March 1987, is replaced as follows:
"4° the limits in which it may delegate to the deputy head the power referred to in § 2 above and last paragraphs of this article. "
Section 3. - Amendment to the Act of 13 June 1966
Art. 220. Section 21 of the Act of 13 June 1966 on the retirement and survival pension of workers, employees, sailors navigating under Belgian flag, minor workers and free insured persons is replaced as follows:
“Art. 21. § 1^er. For the purposes of this article, it is understood that:
1° per benefits:
(a) retirement, widow and survival pensions and related coal supplies or their cash counter-value, heating allowance and holiday pets, granted in pension schemes for workers, employees, minor workers, sailors navigating under the Belgian flag and employed workers;
(b) disability pensions and related charcoal supplies or their cash counter-value, heating allowance and vacation pay under the Minor Worker Disability Pension Plan;
(c) Old-age and widow pension increases and guaranteed income;
(d) old age allowances for employees and allowances for widows and orphans of employees;
(e) the supplementary allowances, the allowances for supplementing the guaranteed income to the elderly, and the allowances for the assistance of a third person, with the exception of those allocated to the beneficiaries of an ordinary or special allowance, referred to in the Act of 27 June 1969 on the granting of allowances to the disabled;
(f) advances on benefits that are paid by the paying agency prior to the final fee determination;
(g) annuities of old age and widows constituted by mandatory payments made in accordance with the provisions listed in section 1^er of the Act of 28 May 1971 establishing the unification and harmonization of capitalization schemes established under the laws relating to insurance for old age and premature death;
2° per paying agency:
(a) the National Retirement Fund for Minor Workers or the National Disability Insurance Institute, when it has resumed the rights and obligations of the National Retirement Fund for Minor Workers, with respect to the benefits referred to in 1°, b, or, where applicable, f;
(b) the National Board of Pensions with respect to the benefits referred to in 1°, a, c, d, e, if applicable, f and g.
The King may amend paragraph 1^er.
§ 2. In the event of undue payment of a benefit, the paying agency is solely competent, on the one hand, to recover the undue and, on the other hand, to renounce either initiative or at the request of the recipient, in whole or in part the recovery.
The paying agency must notify the recipient of its recovery decision; it can only execute this decision after one month has expired. If the recipient submits a request for waiver before the expiration of this month, the request shall suspend recovery until the Commission for the payment of benefits or the Management Committee of the paying agency decides on the application.
§ 3. The repetition of unduly paid benefits is prescribed by six months from the date the payment was made.
When the undue payment originates in the award or increase of an advantage granted by a foreign country or an advantage in another regime than that referred to in § 1^er, the repetition action is prescribed by six months from the date of the decision granting or increasing the above benefits.
The time limit set out in subparagraphs 1^er and 2 is increased to five years when undue amounts were obtained by fraudulent manoeuvres or by false or knowingly incomplete statements. The same applies to amounts paid unduly as a result of the debtor's failure to file a declaration prescribed by a legal or regulatory provision or resulting from an earlier undertaking.
However, the provisions of § 2, paragraph 2, and of this paragraph, paragraph 1^er to 3, do not impede the recovery of the undue on amounts due under Article 1410, § 4, of the Judicial Code, which are not paid to the beneficiary and his spouse, not separated at the time of the birth of the debt.
§ 4. In addition to the cases provided for in the Civil Code, the limitation is interrupted by the claim of undue payments notified to the debtor by registered letter to the post or by the duly notified rectificative decision to the person concerned by the administrative authority responsible for fixing the rights.
The prescription must be interrupted again within six months after the last act of recovery.
§ 5. Except in the cases referred to in § 3, paragraph 3, the action in repetition of unduly paid benefits shall be extinguished at the death of the person to whom they were paid if at that time the claim for undue payment had not been notified to him.
However, this provision does not preclude the recovery of the indus on amounts not paid to the deceased or his spouse, within the meaning of Article 1410, § 4, of the Judicial Code.
§ 6. When in-kind benefits were unduly liquidated, recovery is made in cash. The King determines the cash value of these benefits.
§ 7. All public administrations, all agencies responsible for the application of legislation on social security, occupational accidents and occupational diseases, as well as beneficiaries of benefits, their agents, their heirs or entitled persons, are required to communicate to the paying agencies, on a simple requisition and without displacement, any documents that are required to be held by the existing social legislation and to provide them with any information that is relevant to their mission.
§ 8. Disputes concerning the application of the provisions of this Article shall be within the jurisdiction of the labour courts.
The challenge of the indue's claim must be submitted to the competent labour court within three months of the notification.
Under penalty of nullity, the notification referred to in the preceding paragraph must state the possibility of an action before the Labour Court and the time limit to be respected in this matter.
The action before the Labour Court is not suspensive of the execution of the administrative decision.
The appeal of judgements rendered by the labour courts may be submitted by registered letter to the post addressed to the Registry of the competent labour court.
Section 4. - Amendment to the Act of 5 August 1968
Art. 221. Article 1^er the Act of 5 August 1968 establishing certain relations between public and private sector pension schemes, as amended by the Acts of 20 June 1975, 20 July 1991 and 22 February 1998, are amended as follows:
(a) in paragraph 1^er1° and 2° are deleted;
(b) Paragraph 2 is replaced as follows:
"The King may set the terms and conditions for the application of the preceding paragraph. "
Art. 222. Section 221 produces its effects on 1^er January 1997.
CHAPTER III. - Miscellaneous provisions
Section 1^re. - Amendments to the Judicial Code
Art. 223. Article 1410, § 4, of the Judicial Code, amended by the laws of 12 May 1971 and 31 July 1984, the Royal Decree of 23 October 1989, the Law of 20 July 1991 and the Royal Decrees of 19 May 1995 and 20 February 1997, is replaced by the following provision:
“§4. By derogation from the provisions of §§ 1^er and 2, benefits paid unduly by means of the resources of the National Social Security Office, the National Social Security Office of the provincial and local governments, the National Retirement Fund of Minor Workers, the Relief and Provident Fund for Mariners, the Professional Diseases Fund, the Industrial Accidents Fund, public or private organizations responsible for the application of the legislation relating to the social status of independent workers
For the determination of these 10%, the amount of this benefit is increased, if any, from the corresponding benefit granted under one or more foreign regulations.
Where recovery referred to in paragraphs 1^er, 3 and 4, may no longer be performed by the creditor agency or service in the absence of any benefit due by the creditor, it may be operated ex officio at the request of the creditor, by an organization or service to any of the benefits referred to in § 1^er, 2°, 3°, 4°, 5° and 8°, up to 10% of the amount of this one.
When the undue payment has been obtained fraudulently, the retrieval may cover all of the benefits subsequently provided that are of the same nature or that are paid by the same agency or service.
When the family benefits were unduly obtained as a result of a negligence or omission of the attribute or allocatary, the recovery may cover the entire family benefits that were subsequently due to the same allocataire.
If the debtor or his rightful persons prove that income, calculated according to the principles established in the law of 7 August 1974 establishing the right to a minimum of means of existence, is lower or becomes less, as a result of the recovery of his or her own right, in the amount of the minimum of means of existence according to the various categories as provided for in the same law, the recovery is as the case suspended or limited.
For the verification of submitted documents, organizations have the competence to examine the means of existence.
All federal public administrations, all agencies responsible for the application of legislation on social security, occupational accidents and occupational diseases, public social assistance centres, as well as beneficiaries, their agents, their heirs or beneficiaries are required to communicate to the payment agencies and services, on a simple requisition, any useful document.
The organization or service of a benefit provided in §§ 1^er and 2, and obtained with retroactive effect, may deduct amounts accrued and not yet paid, for the benefit of the organization or service that has paid unduly, the amount of benefits provided previously and which cannot be accumulated with the said benefits.
When a pension recipient has renounced with retroactive effect, due to the granting of a pension or surviving pension under a Belgian social security regime, to the allowances collected under section 7 of the Decree-Law of 28 December 1944 relating to the social security of workers, the National Employment Office is subrogated ex officio and for the amount of the pension benefits received, in the right of the worker
When a beneficiary of allowances referred to in Article 7 of the Decree-Law of 28 December 1944 relating to the social security of workers has renounced with retroactive effect, due to the granting of these allowances, to a pension or survival, the National Board of Pensions is subrogated on its own motion and for the amount of the pension received, in the beneficiary's right of the allowances to the amounts of the allowances of the employee. "
Art. 224. Article 1410 of the same Code is supplemented by § 5, as follows:
“§ 5. The agency or service that applies § 4, paragraph 2, shall notify the debtor by registered letter to the position. This letter mentions in penalty of nullity:
1° the amount to be recovered and the method of calculating this amount;
2° the possibility of bringing an appeal before the competent court;
3° the body or service to which the recovery is requested, as well as the recovery modalities.
The organization or service provides, by simple letter, to the organization or service to which recovery is requested:
1° the data necessary to identify the debtor;
2° the amount of the indus to be recovered and the modalities of recovery;
3° the date of notification referred to in the preceding paragraph;
4° any modification of the above-mentioned elements.
The organization or service to which recovery is requested shall communicate to the debtor by regular mail:
1° the name of the organization or service from which the request for recovery comes and the amount and terms of the request for recovery;
2° the date from which the indu will be recovered.
The date referred to in paragraph 3, 2°, must be three months after the date of notification referred to in paragraph 1^er.
The appeal referred to in paragraph 1^er, 2°, is brought before the competent labour court within three months of the date of submission of the recommended fold, barely forfeiting. "
Art. 225. Article 1410 of the same Code is supplemented by § 6, which reads as follows:
“§ 6. The organization or service that conducts an ex officio recovery under § 4, paragraph 1^er, 3 or 4, and having an application pursuant to paragraph 2 of the same paragraph, shall follow up on it after having recovered its own receivable.
When several agencies or services submit to the same agency or service an application based on § 4, paragraph 2, the retrieval of office shall first be carried out in favour of the most diligent organization or service. "
Section 2. - Guaranteed income for older persons
Art. 226. Article 16, § 1^erParagraph 2 of the Act of 1^er April 1969 establishing a guaranteed income for the elderly, replaced by the law of June 5, 1970, the words "in the month" are replaced by the words "in the three months".
Section 3. - Common provisions
Art. 227. Article 11, § 1^er, c), of the law of 21 May 1991 establishing certain relations between Belgian pension plans and those of institutions of public international law, as amended by the law of 17 February 1997, the words "both under applicable Belgian legislation and" are deleted.
Art. 228. Section 227 produces its effects on 1^er July 1997.
Art. 229. In Article 68quinquies, § 1^er, paragraph 2, of the Act of 30 March 1994 on social provisions, inserted by the Royal Decree of 16 December 1996 amending the Act of 30 March 1994 on social provisions, pursuant to articles 15, 6 and 49, of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal regimes of pensions and articles 2, § 1^er and 3, § 1^er, 4° and § 2, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, the words "who pays capital after 28 February 1997 and" are inserted between the words "The debtor body" and the words "who does not respect obligations".
Art. 230. Section 229 produces its effects on 1^er January 1997.
CHAPTER IV. - Public sector pensions
Section 1^re. - Mandates and supplements of treatment
Art. 231. In section 8 of the General Civil and Ecclesiastical Pensions Act of 21 July 1844, replaced by the Act of 21 May 1991, the following amendments were made:
1° paragraph 1^er is replaced by the following provision:
« § 1^er. The pension is liquidated at a rate of 1/60th of the reference salary for each year of service.
The reference treatment is the average treatment of the last five years of the career or the duration of the career if it is less than five years. This average treatment is based on the treatments as set out in the salary scales attached to the functions in which the individual was appointed on a final basis. If, during the period defined above, the interested party, appointed in a final position, has another function in which it is not definitively appointed, only the treatments attached to the function in which it is permanently appointed shall be taken into account. If the employee was not appointed on a final basis throughout the period set out above, the salary for the functions performed on a temporary or contractual basis prior to the final appointment shall also be taken into account, but in that case, such salary may not be greater than the salary that would have been awarded if such temporary or contractual services had been taken into account in the position in which the individual was appointed on a final basis. When, in a promotion function, the final appointment can only be made at the end of a probationary period, and at the end of that period the person concerned is appointed on a final basis in that promotion function, he is expected to have been appointed on a final basis from the beginning of the probationary period.
For the purposes of this Act is assimilated to a final appointment, the mandate granted under either section 74bis of the Royal Decree of 2 October 1937 bearing the statute of the agents of the State, or section 22 of the Royal Decree of 26 September 1994 establishing the general principles of the administrative and financial status of the officials of the State applicable to the personnel of the services of the governments of the Community and of the Community The King may, by order deliberately in the Council of Ministers, assimilate to a definitive appointment of other similar mandates that He designates.
For the determination of the reference treatment referred to in paragraph 2, it shall, if any, also take into account the treatment supplements defined in § 2 that are attached to the functions in which the person concerned has been appointed on a final basis or in which the person concerned has, in accordance with sections 182 and 261 of the Judicial Code, been designated. These supplements shall be taken into account for the periods in which they were actually granted and the amounts or amounts awarded during those same periods. However, if the salary surcharge is granted in the form of a certain percentage of the treatment, the surcharge to be taken into account is established on the basis of the salary scale that has or would have been assigned under the conditions provided by the financial status in force on the date of taking of the pension and up to the percentage(s) actually granted.
By derogation from paragraph 4:
1° if, due to leave assimilated to service activity, lay-off or partial or total career interruption, a salary supplement has been reduced in the same proportion as the treatment or has been suspended, the supplement to be taken into account is that which would have been attributed if the treatment had not been reduced or suspended;
2° if a treatment supplement is in whole or in part incorporated into the treatment scale, the supplement or the supplement part that is incorporated is not taken into account.
For the determination of the reference treatment referred to in paragraph 2:
1° benefits in kind are not taken into account, with the exception of those granted to persons appointed on a final basis or designated as concierges for which these benefits are taken into account in the manner determined by the King;
2° the treatment scale attached to the function of mortgage preservatives is replaced by the maximum of the treatment scale attached to the function of regional director to the Administration of VAT, registration and domains. »;
2° it is inserted a paragraph 2, which reads as follows:
“§2. For the application of § 1^er, paragraph 4, the following treatment supplements shall be taken into account:
1° the salary supplement provided for in Article 152bis of the Act of 15 June 1899 including Title II of the Code of Military Criminal Procedure;
2° the bonus of seniority granted pursuant to the Royal Decree of 22 April 1952 on the bonuses of seniority provided for in Article 13 of the Law of 3 August 1919 and 27 May 1947, by the law of 14 February 1955 and by Royal Decree No. 6 of 21 January 1957;
3° the annual allowances provided by Article 46 of the Act of 28 April 1953 on the organization of the university education of the State;
4° the treatment supplements granted under Article 3, §§ 2 and 3 of the Act of 5 April 1955 relating to the treatment of the holders of a position in the Council of State;
5° the mobile portion of the retributions provided by the Royal Decree of 3 August 1955 determining the working conditions and the regime of the retributions of the special personnel of the management of the Marine Administration, to the amount provided for in Article 10, § 1^erthe arrest;
6° the bonus of treatment granted pursuant to the Royal Decree of 15 April 1965 granting a salary bonus to certain staff retributed by the State whose entry into service was significantly delayed by the War 1940-1945;
7° the additional treatment granted pursuant to Article 25 of the Royal Decree of 19 September 1967 relating to the administrative and financial status of certain officials of the State administrations, responsible for functions related to assistance and hygiene;
8° the treatment supplements granted under the Judicial Code, with the exception of those provided for in sections 358, 359 and 370;
9° the flight allowance and the supplementary retribution provided by the Royal Decree of 17 September 1969 granting a flight allowance to the deck officers responsible for the command of the ships of the Ostende-Dover and Ostend-Harwich lines, up to the amount provided for in Article 4 of the Order;
10° the salary supplement granted pursuant to the Royal Decree of 16 January 1970 granting a salary supplement to certain teachers with special degrees;
11° the additional treatment granted pursuant to the Royal Decree of 20 July 1971 granting additional treatment for extraordinary and variable benefits including both night benefits and benefits performed on Sundays and holidays, to certain members of the paramedical staff of State education;
12° the mobile treatment or treatment supplements granted to air traffic control personnel of the Airway Regime pursuant to the collective agreement concerning social programming 1972-1973 or pursuant to negotiations within Sector VI Committee: Communications;
13° the supplements provided by the Royal Decree of 4 April 1975 regulating the conditions of pecuniary assimilation of agents of the central services of the Ministry of Finance recruited in the external services and of agents maintained at the disposal of the external services of the Administration of the Special Inspection of Taxes or appointed therein;
14° the flight allowance and the supplementary remuneration provided for by the Royal Decree of 11 April 1975 granting a flight allowance to the deck officers, who are responsible for the command of the ships of the Régie des transports maritimes, as well as a supplementary remuneration to certain members of the Régie staff, in the amount provided for in Article 3 of that Order;
15° the sea allowance provided for by the Royal Decree of 18 August 1976 regulating the sea allowance of the navigating personnel of the Marine and Inland Navigation Administration, to the amount provided for in Article 1^ercolumn III of that order;
16° the allowances provided for in Article 3 of the decision of the General Assembly of the Council of State of 16 February 1979 setting the scales of treatment of the members of the administrative staff of the Council of State;
17° the mobile portion of the retributions provided for in the Royal Decree of 14 September 1981 determining the working conditions and the regime of retribution of the pilot personnel attached to the Côte's flight station in Zeebrugge, up to the amount provided for in article 8, paragraph 2, of that order;
18° the sea allowance provided for by the Royal Decree of 29 November 1983 regulating the sea allowance of the personnel navigating from the Régie des Transports maritimes, to the amount provided for in Article 1^ercolumn III of the order;
19° the flight allowance and the supplementary remuneration provided for by the Royal Decree of 18 January 1984 granting a flight allowance to the deck officers, who are responsible for the command of the ships and hydropters of the Régie des Transports maritimes, as well as a supplementary retribution to certain members of the Régie staff, to the amount provided for in Article 3 of that Order;
20° the additional treatment granted under section 10 and the allowance granted under section 14bis of the Royal Decree of 13 August 1990 establishing the financial status of the Ministry of Finance staff;
21° the additional treatment granted pursuant to Articles 3 to 8 of the Flemish Executive Order of 28 November 1990 granting additional treatment to the staff of the Flemish Executive Services and certain public legal entities under the Flemish Community and/or the Flemish Region;
22° the allowance granted to the rector, the vice-rector and the secretary of the academic council pursuant to article 100, paragraph 1^erthe decree of 12 June 1991 concerning universities in the Flemish Community;
23° the functional complement granted to nursing and paramedical staff under the Ministry of Public Health and the Environment circulars of 12 June 1991 or 1^er June 1992;
24° the supplement of treatment provided for by the decree of the Executive of the French Community of 3 September 1991 granting a supplement of treatment to members of the special teaching staff bearing the certificate of fitness for the education of abnormal children;
25° the additional treatment granted pursuant to Article 9 of the Royal Decree of 11 March 1993 concerning the patent of an expert in tax administration;
26° the additional treatment granted pursuant to articles 18 to 20 of the Royal Decree of 15 March 1993 relating to the administrative and financial status of certain officials of the state administrations, responsible for functions related to assistance and hygiene;
27° the sea allowance provided for in Part XIII, Title 3, Chapter 11, of the statute of the staff of the Flemish Community Ministry of 24 November 1993, up to the annual amounts mentioned in Article XIII 106sexies/decies, § 1^er, of that statute, as well as the sea allowance, provided for in article XIII, 155decies of the same staff status, up to the annual amounts referred to in that article;
28° the additional treatment granted pursuant to Article XIII 147 of the Flemish Government Order of 24 November 1993 concerning the organization of the Ministry of the Flemish Community and Staff Status;
29° the supplement of treatment granted under the Flemish government decree of 3 May 1995 granting an additional treatment of 11% to certain officials of the "Openbaar Psychiatrisch Ziekenhuis" in Geel and of the "Openbaar Psychiatrisch Ziekenhuis" in Rekem, pursuant to article XIII 54 to 56 of the Flemish government decree of 12 June 1995
30° the supplementary treatment granted pursuant to Article XIII 110 of the Flemish government order of 10 May 1995 carrying the organisation of the "Administratieve diensten van de Autonome Raad voor het Geappmeenschapsonderwijs" and the status of the staff, of Article XIII 106 of the Flemish government decree of 16 May 1995
31° the treatment supplements granted pursuant to articles 20, 24 and 26 of the Royal Decree of 10 July 1996 with various monetary provisions for certain agents of the Department of Finance at levels 2+, 2, 3 and 4;
32° the treatment supplements granted pursuant to Article 8 of the Royal Decree of 3 June 1997 setting the scales for the treatment of the grades of the Airway Regime;
33° the salary supplements and allowances granted under sections 6, 7, 8, 12, 17 and 22 of the Royal Decree of 6 July 1997 establishing the financial status of the staff of the Department of Finance;
34° the treatment supplements granted pursuant to Article 5 of the Royal Decree of 27 March 1998 setting the scales for the treatment of the grades of the Airway Regime;
35° the supplements of treatment provided by or under the organic rules of the staff of the House of Representatives, the Senate and the Councils of the Communities and Regions, with the exception of those granted because of the exercise of superior functions;
36° the bonus of treatment granted under Article 194, § 4, of the status of the staff of the Court of Auditors;
37° the treatment supplements granted for extraordinary benefits to nursing and nursing staff of the University Hospital Centre of Liège and the "University Ziekenhuis Gent".
Also taken into account:
1° the compensation paid to the police commissioners acting as an officer of the public prosecutor's office;
2° the treatment supplement granted to deputy police commissioners who provide a permanent intervention service as defined up to 1^er July 1991;
3° the annual treatment supplement granted to the head of the fire department;
4° the salary surcharge for field guards in a municipality of more than 4,000 inhabitants, not served by a police commissioner;
5° the salary supplement granted to nursing and nursing staff, assimilated staff and local government paramedical staff, for extraordinary benefits as defined in the Ministry of Public Health and Family Circular of November 3, 1972;
6° the compensation awarded for benefits imposed for the good march of the communal services, to ordonators, guards, conservatives, fossoyeurs, brigadiers-fossoyeurs, porters at the service of the graves, preposed to the mortuary deposits and the morgue;
7° the additional treatment granted to the chief police inspectors and inspectors who are dressed as a judicial police officer, auxiliary to the King's prosecutor;
8° the salary supplements granted to the staff of the local administrations pursuant to paragraphs 6.2 and 6.3 of the Social Charter - Harmonization of the administrative status and general revision of the staff scales of the local authorities of the Brussels-Capital Region - of 28 April 1994.
No increase after December 31, 1998 of a treatment supplement referred to in paragraph 1^er or 2 is not taken into account for the application of § 1^erParagraph 4.
The King may, by order deliberately in the Council of Ministers, complete the list of treatment supplements referred to in paragraphs 1^er and 2. It may, for the supplements it designates, derogate from the provisions of paragraph 3 and decide that the increases in treatment supplements after December 31, 1998 also apply to the application of § 1^erParagraph 4. »;
3° paragraph 2 becomes paragraph 3;
4° the article is supplemented by the following paragraphs:
Ҥ4. For the purposes of calculating the retirement pension, it is disregarded for the services and periods in which the consideration would cause injury to the individual.
§ 5. The pension established in accordance with the above provisions shall be acquired per month. "
Art. 232. Section 2 of the Act of April 14, 1965 establishing certain relations between the various public sector pension plans, as amended by the Act of August 5, 1978, is supplemented by the following paragraph:
"For the purposes of paragraph 1^erthe services rendered within the framework of a mandate referred to in Article 8, § 1^er, paragraph 3, of the General Civil and Ecclesiastical Pensions Act of 21 July 1844 to one of the powers or bodies referred to in Article 1^erParagraph 1^er, are considered to be services that may confer rights to a pension in the pension plan of that power or agency. "
Art. 233. Section 7 of the Act is supplemented by the following paragraph:
"For the purposes of paragraph 1^erthe services rendered within the framework of a mandate referred to in Article 8, § 1^er, paragraph 3, of the General Civil and Ecclesiastical Pensions Act of 21 July 1844 to one of the powers or bodies referred to in Article 1^erParagraph 1^er, are considered to be services that may confer rights to a survival pension in the pension plan of that power or agency. "
Art. 234. Section 391, paragraph 2, of the Judicial Code is replaced by the following provision:
"The pension of the emeritus is equal to the reference treatment defined in Article 8, § 1^erof the General Law on Civil and Ecclesiastical Pensions of July 21, 1844. For the purposes of paragraphs 2 and 4 of this provision, the designations set out in sections 79, 151 and 153 are assimilated to final appointments. "
Art. 235. Section 392, paragraph 2, of the aforementioned Code, as amended by the Act of 17 June 1971, is replaced by the following provision:
"The pension is liquidated by a thirtieth of the reference treatment defined in Article 8, § 1^er, of the general law of July 21, 1844 referred to above for each of the first five years of service in the judiciary and for a thirty-fifth of the same treatment for each of the subsequent years of service in the judiciary. For the purposes of paragraphs 2 and 4 of this provision, the designations set out in sections 79, 151 and 153 are assimilated to final appointments. "
Art. 236. Section 12 of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, as amended by the Act of 6 April 1976 and supplemented by the Act of 24 December 1976, is amended as follows:
1° § 1^er is supplemented by the following paragraphs:
"By derogation from paragraph 6, if a salary supplement has been taken into account for the determination of the average salary used as the basis for the calculation of the pension and that, in whole or in part, the same supplement is incorporated into the baremic scale, the percentages referred to above are, from the date of this incorporation, corrected by taking into account the initial nominal amount that the pension would have reached, if
The application of paragraph 7 may not result in a reduction in the amount of the liquidated pension on the eve of the incorporation.
For the purposes of paragraphs 3 to 8, both the maximum new salary and the maximum of the last grade salary shall be taken into account, regardless of compensation or other benefits considered as a salary supplement. »;
2° § 4 is repealed.
Art. 237. Section 5 of the Act of 10 January 1974 regulating the eligibility of certain services and periods as a service activity for the granting and calculation of the Public Treasury's dependants' pensions are amended as follows:
1° in paragraph 1^er, the words "and treatment supplements" are inserted between the words "treatments" and the words "including the person concerned";
2° in paragraph 2, the words "the last treatment of activity serves as an element" are replaced by the words "the last treatment of activity and the last treatment supplement serve as elements".
Art. 238. In section 3 of Royal Decree No. 206 of 29 August 1983 regulating the calculation of public sector pension for incomplete benefit services, the following amendments are made:
1° the word "treatment" is replaced each time by the words "treatments and treatment supplements";
2° in paragraph 2, the words "or treatment supplement" are inserted between the words "treatment" and "related".
Art. 239. In article 4, paragraph 2, of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on the pensions of public service officers, the words "and treatment supplements" are inserted between the words "treatment" and "whose agent".
Art. 240. Section 156, paragraph 2, of the New Municipal Law is replaced by the following paragraph:
"The pension is calculated on the basis of the reference treatment defined in Article 8, § 1^erof the General Law on Civil and Ecclesiastical Pensions of July 21, 1844. "
Art. 241. It is considered to be treatment supplements inherent in the function within the meaning of Article 8 of the General Civil and Ecclesiastical Pensions Act of 21 July 1844, as it was denominated before its amendment by Article 233, the supplements defined in Article 8, § 2, of the General Law of 21 July 1844 referred to above.
Treatment supplements considered to be inherent in the function under paragraph 1^er shall be taken into account in accordance with the provisions of Article 8, § 1^erparagraphs 4 and 5 of the general law of 21 July 1844 referred to above.
Art. 242. The mandate referred to in Article 8, § 1^er, paragraph 3, of the general law of 21 July 1844 referred to above, which was assigned before the date of entry into force of this chapter, is, for the purposes of Article 8, § 1^er, paragraph 2, of the same general law, as it read before it was amended by section 233, considered to be a function to which the individual was appointed.
Art. 243. The authority or agency that bears the pension charge for the services presumed under a mandate that is taken into account under section 8 of the general law of July 21, 1844 referred to above, is subrogated in all pension rights other than those arising from a legal pension plan that the individual may claim for the same services.
Section 2. - Diploma bonus
Art. 244. Section 33 of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, as amended by the Act of 21 May 1991, is supplemented by the following paragraph:
"The condition provided for in paragraph 2, 1°, is expected to be met by the officer who, at the time of his recruitment, was a long-term lieutenant, and who, before the academic year 1969-1970, began the studies leading to the long-term officer-aspirant degree. "
Section 3. - Mandate
Art. 245. The following amendments are made to section 5 of the Act of 8 December 1976 regulating the pension of certain agents and that of their beneficiaries, replaced by the Act of 22 January 1981:
1° § 1^er is completed by the following paragraph:
"For the agent whose treatment has been reduced under Article 19, § 1^er, paragraph 4, of the New Municipal Law, the basic annual treatment to be taken into account is the treatment related to the mandate exercised without the reduction of applied treatment. »;
2° to § 2, the following amendments are made:
(a) paragraph 1^er is supplemented by the following provision:
"In case of application of § 1^er, paragraph 4, the number of months is, for the period during which the treatment was reduced, multiplied by the ratio between, on the one hand, reduced treatment and, on the other, the same treatment disregarded from the applied reduction. »;
(b) a new paragraph 4 is added to read:
"In case of application of § 1^erparagraph 4, the three-quarter limit referred to in paragraph 3, paragraph 3, paragraph 1^er, and in sections 9, § 4, 10, paragraph 2, and 13, paragraph 2, is multiplied by the relation between, on the one hand, the number of whole months of exercise of the mandate taken into account in calculating the pension and, on the other, the number of whole months of exercise of the mandate. "
Section 4. - Evidence of administrative documents
Art. 246. The King determines under what conditions and under what terms and conditions the information exchanged, communicated, recorded, stored or reproduced by an electronic, photographic, optical or any other nature, as well as their reproduction on a readable medium, is probative for the application of the legislation to which the administration of Pensions is responsible.
Art. 247. § 1^er. The administration of the Pensions provides a summary statement of all the elements taken into account for the establishment of the pension entitlement and for the calculation of the pension entitlement. This summary statement is sent to the recipient as soon as the final rate of the pension is communicated to the recipient.
This summary of pension includes:
1 the date on which the pension application was registered by the pension administration, the date on which the pension is taken and the nature of the pension;
2° a chronological record of the periods during which the person concerned actually took services, obtained leave or was absent. For each period, reference is made to the fact that this period is or is not taken into account, the name of the employer, the name of the function, the date of commencement and termination of the statutory situation, the importance of the benefits carried out in relation to the full benefits and the related fortieths, as well as possible increases and reduction factors;
3° the bonuses and the periods for which they were granted;
4° the survey of treatments and treatment supplements used as a basis for calculating the nominal pension rate, the salary scales attached to it and the corresponding indices;
5° the calculation of the nominal pension rate, taking into account any limitations to the relative and absolute ceiling; the coefficient to be used for subsequent equalizations; the maximum treatment scale attached to the last grade and the mention of the last grade;
6° the elements that have been taken into account in the application of the legislation in respect of the minimum guaranteed amount;
7° the elements that have been taken into account in the application of cumulative legislation with other pension or alternative income, or with income from the exercise of a professional activity.
§ 2. The pension summary referred to in § 1^er is, when sent to the person concerned, accompanied by a document indicating the identity of the beneficiary, the number of his pension and the fact that the rate of the pension that is communicated to him is the final rate of the pension and inviting the person concerned to certify that he received the pension summary. This document must be signed by the interested party and returned to the pension administration within 30 days of the date of delivery.
If the document referred to in paragraph 1^er did not arrive at the administration of the Pensions within the prescribed period, the summary of pension referred to in § 1^er is again sent to the person concerned, but this time by registered letter to the position with acknowledgement of receipt.
§ 3. If within three months of receiving the document referred to in § 2, paragraph 1 to the Pension Administration^er, the date of sending of the recommended letter with acknowledgement of receipt referred to in § 2, paragraph 2, the person concerned has not contested the elements contained in the pension summary statement, the latter have a probative force in the head of the pension administration. Nevertheless, the interested party can then always bring new elements that would contradict either of the elements defined in § 1^erParagraph 2.
The probative force referred to in paragraph 1^er applies both in respect of the beneficiary himself of the pension and in respect of each organization to which the rights and obligations arising from the pension granted to that beneficiary are held. In addition, this probative force also applies, but only for the elements referred to in paragraphs 2 to 4 of § 1^er, paragraph 2, both in respect of any persons entitled to the beneficiary during the death of the beneficiary and in respect of each body to which the rights and obligations arising from the pension granted to those persons entitled are held.
Section 5. - Special provision
Art. 248. § 1^er. The services provided to the National Energy Committee by the Secretary-General, the Under-Secretary-General and the Permanent Employees are, for the right and calculation of a pension and surviving pension dependant on the budget of the Department of Economic Affairs in respect of the operating and remuneration costs of the National Energy Committee, considered to be services assumed as a staff member permanently appointed to the Department of Economic Affairs.
§ 2. The Belgian State, represented by the Minister of Economic Affairs, is subrogated in the rights that beneficiaries of retirement and survival pensions referred to in § 1^er the legal, regulatory, statutory or contractual pension plan which, prior to the entry into force of this chapter, was applicable to them because of the services referred to in § 1^er.
Section 6. - Entry into force
Art. 249. This chapter comes into force on 1^er January 1999, with the exception of articles 232, 233, 237, 238, 239, 241, 242 and 243 which produce their effects on 1^er July 1991.
The amendments to section 33 of the Act of 9 July 1969 referred to in section 244 and section 5 of the Act of 8 December 1976 referred to in section 245 may, at the request of the person concerned, be applied to pensions in progress on 31 December 1998.
The revision following the amendments made by articles 244 and 245 shall be carried out in the following manner:
1° for pensions that took place from 1^er January 1990, the nominal amount of the pension effective at the date on which the revision is to be effected is multiplied by the ratio between the nominal amount that the pension would have initially reached if it had been established in the light of the provisions of articles 244 and 245, and the original nominal amount;
2° for pensions that took place before 1^er January 1990, the nominal amount of the pension in force on the date on which the revision is to be made multiplied by the ratio between the nominal amount that the pension would initially have reached if it had been established in the light of the provisions of sections 244 and 245, and the original nominal amount, the latter two amounts being duly transposed to the pevot index 138,01. For this transposition, the provisions of Article 10, § 1 shall be applied.^er, paragraph 2, of the Act of 2 January 1990 temporarily granting an additional pension to certain public sector pensioners.
The revision produces its effects on 1^er January 1999.
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 25 January 1999.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
Minister of Economy,
E. DI RUPO
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Energy,
J.-P. PONCELET
The Minister of Budget,
H. VAN ROMPUY
Minister of Public Health and Pensions,
Mr. COLLA
Minister of Employment and Labour,
Ms. M. SMET
The Minister of Social Affairs,
Ms. M. DE GALAN
Minister of Small and Medium Enterprises,
K. PINXTEN
Minister of Public Service,
A. FLAHAUT
Minister of Justice,
T. VAN PARYS
Minister of Finance,
J.-J. VISEUR
The Secretary of State for Social Integration,
J. PEETERS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1997-1998.
House of Representatives:
Parliamentary Documents - Bill, No. 1722/1. - Erratum, no. 1722/2. - Amendments, no. 1722/3.
Regular session 1998-1999.
House of Representatives:
Parliamentary documents. - Amendments, n^bones 1722/4 to 12. - Reports, n^bones 1722/13 and 14. - Text adopted by the Commissions, No. 1722/15. - Reports, n^bones 1722/16 and 17. - Amendments, n^bones 1722/15. - Reports, n^bones 1722/16 and 17. - Amendments,1722/18 and 19. - Text adopted in plenary and transmitted to the Senate, No. 1722/20.
Annales parliamentarians. - Discussion and adoption. Sessions of 2 and 3 December 1998.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1175/1. - Amendments, No. 1-1175/2. - Report, number 1-1175/3. - Text adopted by the Commission, No. 1-1175/4. - Amendments, no. 1-1175/5. - Decision not to amend, No. 1-1175/6.
Decision of the Parliamentary Committee for Consultation, No. 1-82/35.
Annales parliamentarians. - Discussion and adoption. Sessions of 13 and 14 January 1999.