Law On Social Provisions (1)

Original Language Title: Loi portant des dispositions sociales (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 1999-02-06 Numac: 1999021025 Prime Minister 25 January 1999. -Act on social provisions (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE 2. -Social Affairs chapter I. -Accidents at work art. 2 an article 25B, as follows, is inserted in the Act of 10 April 1971 on work accidents: "liable employer of a guaranteed remuneration, in accordance with articles 52, 70 or 71 of the Act of 3 July 1978 on contracts of employment, the victim of an accident at work occurred in one another employer is subrogated to the rights of the victim in the manner laid down by the King.".
In this case, the King says to which will be paid allowances for temporary incapacity for work relating to the period covered by the guaranteed compensation. ».
S. 3. the King sets the date of entry into force of article 2.
S.
4. in article 31 of the Act of 10 April 1971 on work accidents, the words "medical care are reimbursed on the basis of the rate set by the King" are replaced by the words "for health care are reimbursed under the conditions and according to the price fixed by the King.
S.
5A article 34, paragraph 2, of the Act "in accordance with the plan of work for the company under the law or according to the use" shall be replaced by the words "in accordance with the labour regime which, under the law or according to usage, value of work full-time."
S.
6. article 34, paragraph 3, of the Act, inserted by the royal decree of April 22, 1985, is repealed.
S.
7. article 46, § 1, 6 °, of the same Act, inserted by the Act of 20 May 1998 is replaced by the following provision: "6 ° against the employer, its agents or assistants when the accident is an accident of taxiing. Taxi accident, means any road traffic accident involving one or more vehicles, self-propelled or not, and related to the traffic on the highway; ».
S. 8. article 54bis of the same Act, inserted by the royal decree No. 18 of December 6, 1978, is supplemented by a paragraph 3, reads as follows: 'If a licensed insurer is a party to a merger or scission in accordance with the provisions of section VIIIA - VIIIter of the laws on commercial companies coordinated December 30, 1935, the King fixed the conditions to which registration is transferred.'.
S. 9. article 59 of the Act, amended by laws of March 30, 1994 and 29 April 1996 and the decrees of 16 December 1996 and on 8 August 1997, is supplemented by the following provision: «14 ° amounts recovered load of insurers authorised under article 60, paragraph 3.».
S. 10 A article 59quater, paragraph 1, of the Act, inserted by the law of 24 December 1976 and replaced by the royal decree of 31 March 1987, the term '14 °' is inserted between the terms «9 °» and «and 59bis»
S. 11A article 60 of the same Act, as amended by the laws of the December 24, 1976, 1 August 1985 and February 22, 1998, the following subparagraph is inserted between paragraphs 2 and 3: 'disbursements, amounts and capital which in accordance with the first subparagraph cannot be recovered by the defaulting insurer dependant are distributed by the Fund for accidents at work between licensed insurers.'.
S. 12. an article 64bis, as follows, is inserted into the Act: «art.» 64bis. - doctors referred to in article 87, paragraph 3, may intervene in the title of mediation at the request of the victim or of the insurer during the fixing of the rate of permanent incapacity for work, in cases and under conditions laid down by the King. They shall draw up a report.
If the conciliator doctor proposal is not accepted by the victim or by the insurer, the dispute is worn by the more diligent party before the Labour Court. The report referred to in paragraph 1 is filed in this case by the insurer at the registry of the competent court. ».
S. 13. a 64ter article, worded as follows, is inserted in the Act: «art.» 64ter. - conciliation referred to in article 64bis may under the same conditions porter also on fixing the date from which the incapacity for work has a permanent character. ».
CHAPTER II. -Diseases professional art.
14 A article 2, § 1, paragraph 1, compensation for damage resulting from occupational diseases, laws coordinated on 3 June 1970, amended by the royal decree of September 9, 1993, the following changes are made: 1 ° item 4 ° is repealed;
2 ° point 5 ° is replaced by the following provision: «5 ° to persons who, as a result of physical incapacity for work or of unemployment, undergo rehabilitation or a vocational integration organized by or under a law or a decree;».
S. 15. article 56 of the same laws, replaced by the law of 29 April 1996, is replaced by the following provision: «art.» 56.-occupational diseases Fund is powered: 1 ° by a proportion of the proceeds of the globalized financial means for the overall management, referred to in article 22 § 2, a) of the law of 29 June 1981 laying down the General principles of social security for employed persons;
2 ° by a contribution to be paid by the insured free;
3 ° by a contribution of the provincial and local governments referred to in article 6, 5 °, these laws, including the amount and modalities of perception are fixed by the King. ».
S. 16. in article 57 of the same laws, replaced by the law of 29 April 1996, paragraph 1 is replaced by the following provision: 'the solidarity contribution payable by employers of the persons referred to in article 2 is fixed at 1.10% of the remuneration of persons.'.
CHAPTER III. -Benefits family arts. 17. article 52, paragraph 1 of the coordinated laws on family allowances for employed persons, inserted by the law of 22 December 1989, is replaced by the following provision: "family allowances are not due for children that are high or follow courses outside the Kingdom.".
S.
18. article 66, paragraph 3, coordinated laws on family allowances for employed persons, inserted by order No. 122 royal du 30 décembre 1982, is replaced by the following provision: "by way of derogation from paragraphs earlier, the Minister of Social Affairs may, in the interest of the child, designate priority holder and determine the priority right course taking.
».
S. 19. article 69, § 1, paragraph 3, the same laws, amended by the royal decree of 21 April 1997 and the law of 22 February 1998, is replaced by the following provision: "when both parents cohabiting not jointly exercise parental authority within the meaning of article 374 of the civil Code, and that the child is not high solely or principally by another beneficiary. allowances are paid entirely to the mother. However, family allowances are paid entirely to the father, at his request, when the child and himself have the same principal residence within the meaning of article 3, paragraph 1, 5 °, of the law of 8 August 1983 organising a national register of natural persons. At the request of both parents, the payment can be carried out on an account in which they have one and the other access. When the parents do not agree on the allocation of family allowances, they can apply to the Labour Court to designate the beneficiary. ».
S. 20. article 91, § 5, same laws, amended by order royal No. 28 of 15 December 1978, is completed as follows: "10 ° to cover benefits paid unduly, not recovered pursuant to article 22, paragraph 3, of the Act of 11 April 1995 to establish the Charter of the social insured.".
S. 21. in article 101, paragraph 5 of the same laws, amended by the law of 29 April 1996, "whose dissolution is effective" shall be replaced by the words "whose dissolution is underway or completed".
S. 22. article 106, paragraph 2, of the same laws, amended by the Decree royal No. 28 of December 15, 1978, is hereby amended as follows: "7 ° to cover benefits paid unduly, not recovered pursuant to article 22, paragraph 3, of the Act of 11 April 1995 to establish the Charter of the insured.
».
S. 23 in article 107 of the same laws, amended by the law of 22 February 1998, the following changes are made: 1 ° the § 1, paragraph 2, is replaced by the provision which follows: "the Fund acts only in the fees for children who, under the present laws, are beneficiaries of family allowances. The beneficiary children of family benefits as well as the children of political refugees and border workers, are assimilated to child beneficiaries of family allowances under the present laws. The King may, by Decree deliberated in the Council of Ministers, extend the categories of children benefiting for the reception of which the Fund intervenes financially, insofar as compensatory financial resources are allocated to the Fund in order to cover the additional costs thus incurred. »;
2 ° the second sentence of § 4 is supplemented by the words "in the manner laid down by special regulation.
S. 24A article 140, paragraph 2, same laws, amended by the royal decree of October 25, 1960, the 'second month of each quarter', shall be replaced by the words "first month of each quarter.

S. 25A article 1 of the law of 20 July 1971 establishing of family benefits guaranteed, amended by the law of 8 August 1980, the royal decree No. 242 of 31 December 1983 and the laws of the 20 July 1991, April 29, 1996 and February 22, 1998, the following changes are made: 1 ° the second sentence of paragraph 1 is deleted;
2 ° the following clauses shall be inserted between paragraphs 1 and 2: "a child is considered as primarily being dependent of the natural person referred to in paragraph 1 if that person supports more than half of the cost of maintenance of the child. ''
Until evidence to the contrary, the natural person is presumed to fulfil this condition, if it is the result of a registration in the population register, the register of aliens or the national register of natural persons that the child is part of his household. The King fixed by Decree deliberated in the Council of Ministers the cases in which the amounts owed to the child as a minimum means of existence granted under the Act of 7 August 1974 establishing the right to a minimum of livelihoods, cannot be taken into account for this presumption. ».
S. 26A article 2, paragraph 2, of the Act, amended by order No. 242 royal on December 31, 1983, the words "the conditions laid down in article 1, paragraph 2» are replaced by the words" the conditions laid down in article 1, paragraph 4.
S. 27A article 6bis of the Act, inserted by the law of 22 February 1998, paragraph 1, introductory phrase, the words ' referred to in article 1, paragraph 3, 3 °» are replaced by the words "referred to in article 1, paragraph 5 (3).
S.
28. the following provisions are repealed: 1 ° article 2 of the royal decree of 25 October 1971 on the implementation of the law of 20 July 1971 establishing of family benefits, amended by the royal decree of 17 December 1992;
2 ° article 9 of the same Decree, as amended by Decree royal No. 242, December 31, 1983.
S. 29. article 8, § 5, of the royal decree of 25 October 1971 on the implementation of the law of 20 July 1971 establishing of family benefits, inserted by the law of 22 February 1998, is repealed.
S. 30. the national Office of family allowances for wage-earners is subrogated to the rights and obligations of the special compensation fund for family allowances for workers in the diamond industry, removed by article 51 of the law of 22 February 1998, and resumed its assets and its liabilities.
S. 31. the assets of the Fund the cash reserve special compensation referred to in article 22, constituted in accordance with article 91, § 1, coordinated laws on family allowances for wage-earners, are transferred to the reserve fund of the national Office of allowances for salaried workers, referred to in article 106 of the same laws.
S. 32. the assets of the administrative reserve by the Caisse special compensation referred to in article 9, in accordance with article 94, § 3, paragraph 3, the same laws and article 7 of the royal decree of 15 December 1980 concerning the method of calculation of the subsidy for consumption of the Fund for an administration fee of caisses of family allowances and family allowances funds administrative reserve are transferred to the reserve fund of the national Office for family allowances for employed persons, referred to in article 106 of the same laws.
S. 33. in article 1, D, control of some public interest organizations act of 16 March 1954, amended by the royal decree No. 431 of 5 August 1986, the law 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 in the diamond industry. are deleted.
S. 34. This chapter enter into force the day of its publication in the Moniteur belge, with the exception of articles 20, 22 and 23 which shall take effect on 1 January 1997, article 21, which takes effect April 30, 1996 and sections 30 to 33, which take effect January 1, 1998.
CHAPTER IV. -Security social art. 35. article 27 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, as amended by the law of 22 February 1998, is supplemented by the following paragraph: "the social secretariats company auditors shall report in writing to the Minister that the welfare in charge and the national Office security social within 60 days to the statutory approval of the annual report. on the accomplishment of their mission and specifically about the accounting plan established by the King. ».
S.
36. article 42, paragraph 3, of the Act is replaced by the following provision: "the limitations referred to in paragraphs 1 and 2 is suspended: 1 ° in the manner provided by section 2244 and following of the civil Code;
2 ° by a registered letter sent by the national Office of social security in the employer or by a registered letter sent by the employer to the supra Office;
3 ° by the meaning of the constraint laid down in article 40. ».
S. 37. in article 19, 4 ° ter of the mortgage law of December 16, 1851, as amended by the royal decree of 19 May 1995, 'three years' shall each time be replaced by the words "five years".
S. 38. in article 2, § 1, paragraph 1, of the Act of 23 July 1993 establishing measures for the promotion of youth employment in the framework of the youth employment plan, as amended by the law of 22 February 1998, "the end of the thirty-sixth month" shall be replaced by the words "the end of the thirty-eighth month.
S. 39. article 47bis, § 1, paragraph 3, of the royal decree of 24 December 1993, implementing the law of January 6, 1989, for the safeguarding of the country's competitiveness, inserted by the law of 22 February 1998 establishing social provisions is supplemented as follows: ', with the exception of manual workers subject to the Decree-Law of January 10, 1945 concerning the social security of miners and similar '. for which the reduction is calculated on 100% pay. ».
S. 40. article 47bis, § 1, paragraph 4, of the same arrested, inserted by the law of 22 February 1998 establishing of social provisions, is completed as follows: «, with the exception of manual workers subject to the Decree-Law of January 10, 1945 concerning the social security of miners and similar, for which the reduction is calculated on 100% compensation».
S. 41. in article 104bis of the Act, relief from 22 January 1985 containing social provisions, replaced by the law of 22 February 1998 establishing of social provisions, the § 1, paragraph 3, is completed as follows: "this paragraph takes effect January 1, 1997 and will cease to be in force January 1, 2001.".
S. 42. in article 18, § 1, of the law of 22 December 1995 on measures to implement the multiannual plan for employment, replaced by Act February 22, 1998, the following paragraph is inserted between paragraph 2 and paragraph 3: 'by way of derogation from paragraph 2, provided that replacement is hired after December 31, 1996 and occupied part-time in a company referred to in paragraph 1 which has less than 50 workers , the exemption is set to 75% during the quarter of the commitment and the following 4 quarters and 50% for the 5th up to and including the 8th quarter following that commitment if it is an employer affiliated to the national social security Office. It is set to 75% during the months of commitment and 14 months and 50% for the 15th up to and including the 26th month following that commitment if it is an employer affiliated to the national fund of pension for miners. The period to be taken into account to determine the number of workers employed in the enterprise, is determined by the King. This paragraph shall cease to be in force January 1, 2001. ».
S. 43. article 2, sole paragraph, third indent, of the royal decree of February 24, 1997 containing more specific conditions relating to the agreements for employment in application of articles 7, § 2, 30, § 2, and 33 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, replaced by the law of February 13, 1998 , is replaced by the following provision: "-not being found guilty of having made or left work, during the period from 1 January 1995 to 31 December 1996, a worker for which no contribution has been paid to the national social security Office or to the national fund of pension for miners;
S. 44. in article 8 of the same Decree, the following changes are made: 1 ° in the § 1, paragraph 1, the words "or a month" are inserted between the words "equal, by quarter" and the words ", 20% of salary."
2 ° in the same paragraph, the words "or the average monthly gross wage according to the regime to which the employer is subject" shall be inserted between the words "quarterly average gross salary" and the words "workers occupied";
3 ° in the § 1, paragraph 2, the words "or 16 666 francs per month under the scheme whereby the employer is subject" shall be 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 salary according to the regime to which the employer is subject" are inserted between the words "average quarterly gross wages" and the words "and by average number of workers".
S. 45. in article 9, § 1, of the same Decree, the following changes are made:

1 ° in the paragraph 1, the words "or a reduction in flat-rate employer contributions referred to in article 2, §§ 3, 1 ° to 5 ° and 7 °, and 3A of the Decree-Law of January 10, 1945 concerning social security for workers minor and similar in article 56, 1 ° and 2 ° of laws relating to the repair of the damage resulting from occupational diseases coordinated on 3 June 1970 and article 59. ", 1 ° of the Act of 10 April 1971 on work accidents whether an employer affiliated to the FNROM ' shall be inserted between the words"employer NSSO contributions"and", which is calculated.
2 ° in paragraph 2, the words "or a lump sum interim reduction of employer contributions referred to in article 2, §§ 3, 1 ° to 5 ° and 7 °, and 3A of the Decree-Law of January 10, 1945, supra, in article 56, 1 ° and 2 ° of the coordinates of 3 June 1970 laws above and article 59, 1 ° of the Act of 10 April 1971 supra is an employer affiliated to the FNROM ' shall be inserted between the words 'contributions ONSS' and the words 'is granted.
S. 46. in article 11 of the same order "from the quarter of commitment, but at the earliest from the quarter following approval" shall be replaced by the words ' as from the quarter or the month of service under the plan to which the employer is subject, but at the earliest from the quarter or the month following approval'.
S. 47. article 38 is effective August 1, 1993.
Article 39 has effect from 1 April 1994 to May 9, 1996. Article 40 has effect on May 10, 1996. Article 42 is effective January 1, 1997. Articles 43 to 46 shall take effect on 1 January 1997.
S. 48. article 5 of the royal decree of 14 March 1997 amending of the specific measures for promotion of employment for small and medium-sized companies in application of article 7, § 2, of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness is replaced by the following provision: «art.» 5. - the employer referred to in article 4, § 1, does not benefit from the provisions of this chapter if the second or third newly hired worker replaces a worker who has been engaged in activities in the same unit technical operation during the 12 calendar months preceding the commitment, unless the latter is a worker who, having completed an apprenticeship, satisfies the requirements of articles 36 , with the exception of the § 1, 4 °, or 39 of the royal decree of 25 November 1991 on the regulation of unemployment. ».
S. 49. article 48 is effective January 1, 1997.
S. 50. article 21, paragraph 2, of the law of 29 June 1981 laying down the General principles of social security for employed persons, inserted by the royal decree of 8 August 1997, is supplemented as follows: «8 ° the health care sector and sector benefits the regime of Merchant Navy sailors;
9 ° the sector's unemployment regime for sailors in the Navy market. ».
S. 51. in article 24, paragraph 3, of the Act, replaced by the royal decree of 8 August 1997, the words "as appropriate and" are deleted.
S. 52. at article 26, paragraph 3, of the Act, replaced by the royal decree of 8 August 1997, 'the health care sector' shall be replaced by the words "the sector of health care and benefits sector.

S. 53. article 38 § 3B, paragraph 6, of the Act, inserted by the law of December 30, 1988, is replaced by the following subparagraph: "the product of the special assessment is assigned to funding schemes for the overall management, referred to in article 21, § § 2 2".
S.
54. article 142 of the Act of 29 December 1990 on social provisions is replaced by the following provision: «art.» 142 - the product of the special assessment, referred to in article 141, is assigned to the financing of plans for the overall management, referred to in article 21, § 2, of the law of 29 June 1981 laying down the General principles of social security for employed persons. ».
S. 55 article 11, § 4, of the Act of 3 April 1995 on measures to promote employment, paragraphs 1 and 2 are replaced by the following subparagraph: "the product of the special monthly compensatory employer contribution is assigned to financing plans for the overall management, referred to in article 21, § 2, of the law of 29 June 1981 laying down the General principles of social security for workers.".
S.
56. at article 2, paragraph 2, of the royal decree of 27 November 1996 establishing a special employer contribution to fund the regime of temporary unemployment and the complement of seniority for the older unemployed, in application of article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary 'to the national agency of employment"shall be replaced by the words"to the financing of the global management regimes", referred to in article 21, § 2, of the law of 29 June 1981 laying down the General principles of social security for employed persons.
S.
57 in article 3, paragraph 1, of the same Decree, "on a special account of the national employment agency' shall be replaced by the words" The NSSO-global management.
S.
58. in article 24, § 4 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, the following changes are made: has) 1st paragraph is replaced by the following subparagraph: "the product of the special monthly compensatory employer contribution is assigned to the financing of comprehensive management plans referred to in article 21. § 2 of the law of 29 June 1981 laying down the General principles of social security for employed persons. »;
(B) paragraph 2 is repealed.
S. 59. article 17 of the law of 26 June 1992 of social and various provisions is replaced by the following provision: «art.» 17 - agents municipalities, associations of municipalities and subordinated institutions to municipalities, other than subsidized contract staff referred to in the royal decree No. 474 of October 28, 1986 on the establishment of a system of contract funded by the State with some local authorities, which do not have a permanent staff appointment, are subject to either the regime annual holidays referred to in the royal decree of 30 January 1979 on the granting of a holiday to the agents pay the General administration of the Kingdom, or annual vacation plan referred to in title III of the royal decree of 30 March 1967 laying down the General procedure for enforcement of laws relating to annual holidays for workers. It belongs to the Municipal Council to determine the applicable annual holiday arrangement. ».
S. 60 article 72, paragraph 2, of the law of 22 February 1998 establishing of social provisions, the words 'article 69' are replaced by the words 'article 71.
S. 61. article 8, § 1, paragraph 3, of the royal decree of 27 January 1997, containing measures for the promotion of employment in accordance with article 7, § 2 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of employment, is replaced by the following provision: "this contribution is intended to fund equipment and utilities established the national Office for family allowances for employed persons pursuant to article 107 of. coordinated laws on family allowances for employed persons. The product of this contribution is used for interventions in the costs of staff and/or functioning of services exclusively the reception of children from 0 to 3 years, until 30 June 1997, and targeted services to the § 1, paragraph 1, 1 ° to 4 ° of article 107 supra, as determined by us. ».
S. 62. article 61 is effective January 1, 1997.
S. 63. article 21bis as follows, is inserted into the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers: «art.» 21A. - an employer who loses this quality because it ceases, during at least one calendar quarter, to occupy subject staff must inform the national social security Office within the timeframe set by the King. ».
S. 64A section 28 of the Act, as amended by order royal No. 135 of 30 December 1982 and by the Act of 1 August 1985, the following changes are made: 1 ° it is inserted a § 1st bis, as follows: "§ 1 bis." An employer who fails to pay dues provisions within the timeframe set by the King is indebted to the national social security Office for a lump sum amount and the implementing conditions are fixed by royal decree. »;
2 ° § 2 is replaced by the following provision: "§ § 2 2» The King also determines the conditions under which the national social security Office may grant the employer exemption or reduction of the lump sum, the increase of contributions and interest. ».
S. 65 an article 29 bis, as follows, shall be inserted in the Act: «art.» 29bis. - an employer who fails to comply with the obligation referred to in article 21bis within the timeframe set by the King is liable to pay a lump sum to the national Office of social security the amount of which and the conditions of application are determined by royal decree. ».
S. 66. article 30 of the Act is replaced by the following provision: «art.» 30 - apart from the lump sum compensation under article 28, § 1

bis, of the flat-rate allowance provided for in articles 29 and 29 bis, as well as increases in contributions and interest for late payment provided for in article 28, § 1, paragraph 1, agents of employers who fail to fulfil their obligations in lieu of their constituents or obligations which do not conform to the provisions of orders made pursuant to this Act are beholden to the national social security Office for a lump sum amount and conditions of application shall be determined by royal decree. ».
S. 67. article 26 of the law of February 13, 1998, relating to the provisions for employment is effective January 1, 1997.
S. 68. article 4, § 1, of the royal decree No. 495 of December 31, 1986, establishing a system combining work and training for young people from 18 to 25 years and laying temporary reduction in employer social security contributions due on the part 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.» Are excluded from the benefit of this order employers who do not meet the conditions laid down by order royal No. 230, December 21, 1983. ».
S. 69. article 126 of the programme law of December 30, 1988 is replaced by the following provision: «art.»
126 - are excluded from the application of this chapter, employers who do not meet the conditions laid down by order royal No. 230 of 21 December 1983 concerning the internship and the employability of young people, even if it is in accordance with article 9 of this Decree. ».
S. 70. article 36, § 4, of the royal decree of 24 December 1993 on the implementation of the law of January 6, 1989, for the safeguarding of the competitiveness of the country, inserted and confirmed by Act of March 30, 1994, is hereby repealed.
S.
71. article 50 of the same Decree, confirmed by the law of March 30, 1994, is hereby repealed.
S. 72. article 62 of the law of 21 December 1994 establishing of social and various provisions is replaced by the following provision: «art.» 62 - are excluded from the benefit of this chapter employers who do not comply with the obligations laid down by order royal No. 230, December 21, 1983, concerning training and professional integration of young people. ».
S. 73. article 2, § 2, of the Act of 3 April 1995 on measures to promote employment is repealed.
S. 74A article 18 of the law of 22 December 1995 on measures to implement the multiannual plan for employment, the following changes are made: 1 ° § 2 is repealed;
2 ° § 3 is replaced by the following provision: "§ § 3 3» Are excluded from the application of this article, employers whose it is established that they do not meet the obligations laid down by order royal No. 230, December 21, 1983, concerning training and professional integration of young people.
».
S. 75A article 104bis of the Act, relief from 22 January 1985 containing social provisions, inserted by the law of 22 December 1995 and amended by the royal decree of 14 March 1997 and the law of 22 February 1998, the following changes are made: 1 ° § 2 is repealed;
2 ° § 3 is replaced by the following provision: "§ § 3 3» Are excluded from the application of this article, employers whose it is established that they do not meet the obligations laid down by order royal No. 230, December 21, 1983, concerning training and professional integration of young people. ».
S. 76. article 186 of the Act of 29 April 1996 on the social provisions, is repealed.
S. 77. article 32 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, is repealed.
S.
78. article 9 of the royal decree of 14 March 1997 amending of the specific measures for promotion of employment for small and medium-sized companies in application of article 7, § 2, of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, confirmed by the Act of 26 June 1997, is replaced by the following provision : «Art.» 9 - are excluded from the benefit of this chapter employers who do not comply with the provisions of the Decree royal No. 230, December 21, 1983, concerning training and professional integration of young people. This exclusion also applies to employers who, in accordance with article 9 of the above-mentioned Decree, have been exempted from the obligation to look after the trainees. ».
S. 79. articles 68 to 78 come into force the 1st day of the quarter following that during which the Act has been published in the Moniteur belge.
S. 80. article 3, § 1, of the Decree-Law of 7 February 1945 concerning social security for the sailors of the Merchant Navy, replaced by the royal decree of 18 April 1997 and amended by the law of 22 February 1998, is supplemented by the following paragraph: 'paragraphs 3 to 9 shall apply to seafarers that are occupied on board ships registered in a Member State of the European Union.'.
S. 81 A article 1 of the royal decree of 25 April 1997 with exemption from certain employer contributions for the benefit of companies in the sector of dredging in application of article 7, § 2 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, the words ' which are registered in a Member State of the European Union and "are inserted between the words «workers aboard dredges» and the words «» equipped with a letter from sea.
S.
82. articles 80 and 81 shall take effect on January 1, 1997 and will cease to be in force on December 31, 2002.
S. 83. article 192 of the law of 22 February 1998 establishing of social provisions is replaced by the following provision: «art.» 192 - articles 190, 1 ° and 2 °, and 191 shall enter into force on January 1, 1998 and apply for the first time to the payment of bonuses of holidays of the year 1999, relating to the exercise of holiday 1998.
Article 190, 3 °, 4 ° and 5 °, enter into force on 1 January 1999. ».
S. 84. article 8, 3 °, of the law of 20 July 1991 amending of social legislation is repealed.
Chapter V. - Crossroads Bank for social security art. (85 to article 2, paragraph 1, Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, as amended by laws of 29 April 1996 and 25 June 1997, the following changes are made: 1 ° to 2 °, it added an e element), as follows: 'e) the State, communities, Regions and public institutions referred to in article 18 of the coordinated laws on family allowances for salaried workers , with respect to their missions in family allowances for their staff; »;
2 ° in 6 °, the word 'physical' is inserted between the words "in respect of a person" and "identified";
3 ° 7 ° is replaced by the following provision: «7 ° 'personal medical data': all social personal data which we can deduce an information on past, present or future physical or mental health of the identified or identifiable natural person, with the exception of purely administrative data or relating to treatment or medical care accountants. ''
S. 86. at article 4, paragraph 1, of the Act, the words ' personal' shall be deleted.
S. 87. article 19 of the Act, as amended by the Act of 29 April 1996, is repealed.
S. 88. article 21 of the Act is repealed.
S.
89. it is inserted in the royal decree of 18 December 1996 concerning measures to establish an identity card social to the use of all insured persons, in accordance with articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, ratified by the Act of 26 June 1997 , an article 5a worded as follows: «art.» 5bis. - authentication of the social identity card and, where applicable, access to data protected by the card, referred to in article 2, paragraph 4, 2 °, can be done through a business card issued to users authorized under section 5.
Issuance of the professional card is for the first time free of charge to the user.
The King may determine, by Decree deliberated in the Council of Ministers, a fee which it sets the amount is due to the replacement of the originally issued business cards. ».
S.
90. article 583, paragraph 2, of the Judicial Code inserted by the law of January 25, 1985, is replaced by the following provision: "the Labour Court knows of disputes relating to the social identification established by the royal decree of 18 December 1996 concerning measures to establish an identity card social to the use of all insured persons, in accordance with articles 38 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes. ».
CHAPTER VI. -From insurance health care and allowances Section Ire. -Of the sub-section Ire health care insurance. -Committee on budgetary control and budgeting article
91. article 18 of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, is replaced by the following: «art.» 18. - the Committee on budgetary control shall annually report to the general Council, in the exercise of the

jurisdiction thereof, referred to in article 16, 1 °, on the comprehensive proposal of the Insurance Committee for the fixation of the overall annual budget objective referred to in article 39. On this occasion, it issues inter alia an opinion on estimates made by the Department concerning the requirements for benefits referred to in article 34, 6 °. It examines in particular the consistency with the data available to the Ministry of public health.
In addition, the Commission also annually gives a notice to the general Council and the Ministers for Social Affairs and Budget on the way in which the Insurance Committee has exercised its jurisdiction referred to in article 22, 1 °.
Furthermore, the Committee on Budgetary Control reported quarterly to the general Council, the Committee insurance, commissions to conclude agreements or agreements with Ministers Social Affairs and Budget, on the management of the health care insurance industry, as well as on revenues and expenditures, in particular on the estimates material and the different aspects of their evolution.
The Commission, in particular, report to the general Council, the Committee of insurance, commissions to conclude conventions or agreements and the Ministers of Social Affairs and the Budget on expenditure arising from conventions and agreements referred to in sections Ire and II of chapter V of title III and the proposed amendments to the nomenclature of health referred to in articles 23 benefits , § 2, and 35, § 1. It exercises the competences conferred by article 51.
The Commission is also responsible for giving advice to the Ministers of Social Affairs and the Budget, the general Council and the Committee of insurance on all financial and budgetary aspects relating to pharmaceutical products referred to in article 34, 5 °.
It shall ensure in particular compliance with the standard in spending and the partial annual budgetary target for medicines.
The Commission finally gives advice on all other issues for which the general Council seeks its budgetary opinion.
The Commission has the broader investigative powers in the context of its mission, without having access to the individual data.
It examines operations affecting budgetary financiereou, has access to all files and archives and receives services of the Institute all the information she seeks. It may delegate some of its members to the meetings of the Councils, committees, commissions and other bodies established with the services of the Institute whose activities have an impact on health care insurance. ».
S.
92. article 38 of the Act, as amended by the royal decree of 25 April 1997, is amended as follows: 1 ° a new paragraph 2 shall be inserted, worded as follows: "in relation to benefits for which no commission convention or agreement is competent, the Service determines the means it considers necessary for the financing of the needs of the sectors concerned. With regard to the benefits referred to in article 34, 6 °, the Service first consults the competent Department of the Ministry of public health. »;
2 ° to the current paragraph 2, which becomes new paragraph 3, the following words are added to the first sentence: "or, respectively, by the Service."
3 ° the current paragraph 3, which becomes new paragraph 4, is replaced by the following: "Subject to derogating directives emanating from the Ministers of Social Affairs and Budget, means to fix must be valued at prices that do not yet take into account the evolution of prices for the budgetary year for which the means are evaluated.".
S. 93A article 40, § 1, paragraph 3, inserted by the royal decree of 10 December 1996, of the Act, the words "or specific" are added after the words "extraordinary expenses".
Subsection II. -Operation of the College of doctors-directors art. 94. article 23 of the Act, as amended by the law of 20 December 1995 and 29 April 1996, the royal decree of 25 April 1997 and the law of 22 February 1998, is supplemented by the following paragraph: "§ § 6 6.» The King determines the conditions in which the decision of the College of doctors-directors jurisdiction may be exercised by one or several doctors, members of the College. This decision-making powers can only be exercised exclusively by doctors occupied by the insurance fund to which the interested recipient is affiliated or registered.
».
S. (95A section 25 of the Act, the following changes are made: a) in § 2, the last subparagraph is replaced by the following provision: "when the request for assistance concerning pharmaceutical products, the College of doctors-Directors may seek the advice of the technical Council of medicinal or pharmaceutical Technical Council, referred to in article 27, each according to its competence. ';
(b) § 6 is added which reads as follows: "the King shall determine the conditions in which the decision of the College of doctors-directors jurisdiction may be exercised by one or several doctors, members of the College.
This decision-making powers can only be exercised exclusively by doctors occupied by the insurance fund to which the interested recipient is affiliated or registered. ».
S. 96. article 34, paragraph 1, of the Act, as amended by law of December 21, 1994, 20 December 1995 and February 22, 1998, is completed with a point 22 ° and a point 23 °, worded as follows: '22 ° transportation of a body taken abroad;
23 ° typing of potential donors of bone marrow from abroad and costs of transport and insurance of the donor's bone marrow from another country. ».
S. 97 A section 37 of the same Act, as amended by the Act of 20 December 1995, the Royal Decrees of 12 December 1996, 21 February 1997 and 16 April 1997 and the law of 22 February 1998, is inserted a § 14quinquies, as follows: "§ 14quinquies."
The King fixed, after consulting the Insurance Committee, the terms of repayment for benefits referred to in article 34, 22 ° and 23 °. ».
Sub-section III. -Technical advice for proprietary medicinal products and the nomenclature of medicinal arts. 98 A article 22, paragraph 1, 4 °, of the same Act, amended by the Act of 20 December 1995 and the royal decree of 25 April 1997, the following changes are made:-the terms 'article 35, § 2, 3 °', are replaced by the words "article 35, § 2, 3 °, and § 3, 3 °";
-the following sentence is added: "However, this delay is fifteen days when it comes to the amendments to nomenclature referred to in article 35 § § 3 3".
S. 99A section 27 of the Act, the following changes are made:-in paragraph 2, the terms ' 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: "notices referred to in paragraphs 2 and 3, except the proposals or the opinion of the technical Board of pharmaceutical specialties, each proposal must be accompanied by a written notice of the Service of the medical control.".
S. 100 A section 28 of the Act, the following changes are made:-the § 1 is supplemented by the following sentence: 'In the technical Board of pharmaceutical specialties, seat a representative of the medical control Service.';
-in § 3, 'with the exception of the proposal referred to in article 35, paragraph 3, 1 °' shall be inserted between the words "proposals" and "or opinions".
S. 101 A section 35 of the Act, as amended by the Act of 20 December 1995, by the decrees of 23 December 1996 and April 25, 1997 and the law of 22 February 1998, the following changes are made:-in the § 1, paragraph 2, the sixth sentence is replaced by the following sentences: "the acceptance of the benefits referred to in article 34. paragraph 1, 5 °, subject to a review at least every five years. However the first revision takes place in the three years after the initial admission. After reasoned opinion of the technical Board of pharmaceutical specialties, the King may wear this maximum period of three years up to five years. »;
-paragraph 2 is supplemented by the following paragraph: "the provisions of this paragraph shall not apply to the nomenclature of the benefits referred to in article 34, paragraph 1, 5 °, b) and c), with regard to the list referred to the § § 3 3 ';
-paragraph 3 is replaced by the following provision: "§ § 3 3» (The Minister may amend the list attached to the royal decree laying down the conditions under which intervention is granted for health benefits referred to in article 34, paragraph 1, 5 °, b) and (c)),: 1 ° on the basis of the proposal made to initiative by the technical Board of pharmaceutical specialties in a written report, which is sent directly to the Committee of insurance and the Committee on budgetary control.
The Budgetary Control Committee gives its opinion and the Insurance Committee decides whether or not to transmit to the Minister with respect to the proposals have been transmitted by the technical Board of pharmaceutical specialties to;
2 ° on the basis of the proposal which is formulated by the technical Council of proprietary medicinal products at the request of the Minister or the convention Committee with pharmacists referred to in article 48.
This proposal in a written report, is communicated to the Insurance Committee and the Committee on budgetary control;
3 ° on the basis of the proposal by the convention Committee with pharmacists referred to in article

48, the Insurance Committee or the Minister, maintained in its original or amended after being submitted to the opinion of the technical Council of proprietary medicinal products; This opinion is supposed to be given if it is not made within 60 days from the date of the request.
The procedure referred to in the 3rd can be followed: was) when the technical Council of proprietary medicinal products does not comply the request for proposal under 2 °, within 30 days from the date of the request;
(b) when the technical Council of the proprietary formula a proposal which 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 proprietary medicinal products must be substantiated;
4 ° on the basis of the procedure laid down in article 51, paragraph 3, last paragraph;
5 ° on the basis of the proposal by the technical Board of pharmaceutical specialties review of expected such admission in the § 1, passed directly to the Insurance Committee and the Committee on budgetary control.
The time limit for the price and for the admission of a pharmaceutical speciality to reimbursement, including the opinion of the Committee of transparency provided for in article 6quater of the law of 25 March 1964 on medicines is maximum of 180 days.
The fixed King, by Decree deliberated in the Council of Ministers, the distribution of this period between the authorities concerned.
It also determines the terms and deadlines for the introduction of a request for quotation and the introduction of an application for admission of proprietary medicinal products referred to in this paragraph, as well as the conditions under which the abovementioned deadlines may be suspended.
The King sets, by Decree deliberated 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 having health in its attributions and the Minister that economic affairs are required to provide to the technical Board of pharmaceutical specialties to enable it to formulate its proposal. The King also fixes the period within which information must be provided.
S.
102. section XV of title III, chapter V, of the Act is replaced by the following: 'of the contracts relating to certain pharmaceutical specialities.
S. 72 - the Minister who has social affairs in his or her attributions and the Minister that economic affairs may, by mutual agreement, conclude, with companies that bring on the Belgian market for proprietary medicinal products which are innovative in nature and in accordance with the notice referred to in article 6quater, paragraph 2, of the law of 25 March 1964 on medicines contracts with commitments to keep within limits previously established the annual expenditure for the health care insurance for the specialties covered by these contracts.
These contain provisions concerning prices, moderators tickets and the interventions of insurance for specific periods depending on the volumes prescribed for proprietary medicinal products referred to in paragraph 1.
They contain a formal commitment on the part of the undertaking concerned to observe volumes and adaptations of planned prices. At the same time, the personal share and the intervention of the insurance will be adapted. These contracts contain criminal provisions within the meaning of articles 1226 to 1233 inclusive of the civil Code, that can be applied to the company that fails to comply with the provisions of the contract.
These contracts may be concluded following two procedures: 1 ° either on the basis of the proposal on its own initiative by the technical Council of proprietary medicinal products, which is submitted for advice to the Insurance Committee and the Committee on budgetary control;
2 ° either on the basis of a proposal by the Minister of Social Affairs, after it was submitted for advice to the technical Board of pharmaceutical specialties.
These proposals are, together with the opinion, provided for notice to the Insurance Committee and the Committee on budgetary control. All notices are supposed to have been given if they have not been formulated within two months after the request.
The King determines, by order deliberated in Council of Ministers, the conditions and specific rules for the purposes of this article, in particular concerning the duration of the contract, the manner in which the prescribed volumes are fixed and the modalities according to which the original prices can be reduced.
The King may by order deliberated in Council of Ministers extend the scope of these contracts to other categories of medicinal products as provided for in the paragraph 1. ».
S. 103. section XI of title III, chapter I, of the same Act is removed.
S. 104. article 34 of the Act, as amended by laws of 21 December 1994, 20 December 1995 and 22 February 1998, is supplemented by the following paragraph: "the benefits referred to in paragraph 1, 5 °, are not be put in charge of insurance compulsory health care when they are delivered to the recipients referred to in an order made pursuant to section 33. paragraph 1, 1 ° and 2 °, during a stay in hospital that gives rise to the payment of the amounts referred to in article 4, §§ 3 to 7, of the national convention between hospitals and insurers, or during any stay not giving rise to the payment of a maintenance day price. This provision may be repealed by Decree deliberated in the Council of Ministers.
».
S. 105. article 104 is effective July 1, 1996.
Expenditure corresponding to the amount of the benefits referred to in that article have been exempted, between 1 July 1996 and the date of entry into force of this Act, to the beneficiaries in an order in pursuance of article 33, paragraph 1, 1 ° and 2 °, of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994 are never charged for the compulsory health care insurance.
Sub-section IV.
-Sector pharmaceutical art. 106. in article 165, the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, amended by laws of December 20, 1995 and February 22, 1998, the following changes are made: has) paragraph 6 is replaced by the following subparagraph: "pricing offices are required to provide to insurers, the manner to be determined by the King. data concerning supplies for which they perform pricing operations. »;
(B) the following paragraphs are inserted between paragraphs 6 and 7: "these data, which are set by the King, relate to nature, to the quantity of the prescription and the date of this issue to amounts billed as well as to the identification of the pharmacist, prescriber and the beneficiary.
The King may determine that the above data will be transmitted to insurers by charging through a built-in file offices.
Insurers shall transmit the data in question at the Institute after they have been anonymised as to the identity of the beneficiary. The King determines the terms of these transmissions of data.
The communication of these data is to allow on one hand, the Organization of the monitoring of supplies prescribed and billed, and, the assessment of medical practice in respect of medicinal products.
The King sets the security measures that all interested parties should take in the collection, transmission and processing of data in accordance with the abovementioned objectives. ».
Section V. - Disabled holders art. 107. article 32, paragraph 1, 13 °, of the Act, as amended by the royal decree of 25 April 1997, is replaced by the following provision: «13 ° persons registered in the national register of natural persons who, because of their State of health, are recognized unable to exercise a lucrative work. ".
Sub-section VI. -Insurability s. 108. section 32 of the Act, amended by the Act of 4 August 1996 and the Royal Decrees of February 18, 1997 and April 25, 1997, the following changes are made: has) 1st paragraph, 13 °, shall be supplemented as follows: «are however excluded persons who are or may be beneficiaries of the right to health care under an order pursuant to article 33;»;
(B) 1st indent, 14 °, shall be supplemented as follows: «are however excluded persons who are or may be beneficiaries of the right to health care under an order pursuant to article 33;».
S. 109. article 33, paragraph 1, 3 °, of the same Act, repealed by the royal decree of 25 April 1997, is restored in the following wording: «3 ° to the persons referred to in 1 ° and 2 ° which, because of their State of health, are recognized unable to perform lucrative work. ".
S. 110. the provisions laid down in articles 108 and 109 come into force on January 1, 1999. The King determines, by royal decree deliberated in the Council of Ministers, the forms and the terms of the allocation of expenses among independent and general schemes between 1 January 1998 and 1 January 1999.
Sub-section VII. -Homecare s. (111. article 34, 1 °, b), of the Act is replaced by the following: "b) care given by practitioners.

nursing and nursing home services. "the aforementioned home nursing services must meet the criteria laid down by the King, in pursuance of article 5, § 1, first paragraph of the law of 27 June 1978 amending the legislation on hospitals and relating to certain other forms of dispensation, amended by the Act of 25 January 1999.
S.
112. article 34, paragraph 1, 14 °, of the same Act, reinserted by the law of 22 February 1998, is supplemented by the following terms: 'or beneficiaries requiring palliative care at home.
S. 113 article 37 of the same Act is inserted a § 13, as follows: "§ § 13 13 ' The King may, by Decree deliberated in the Council of Ministers, set on the proposal or opinion and convention Commission after receiving the opinion of the Committee of insurance and of the Committee of budgetary control, a lump-sum intervention of insurance for the specific purpose of services referred to in article 34 home nursing, 1 °, b), as well as the conditions of this intervention. ».
Subsection VIII. -Centre medico-pediatrique s.
114. article 22, 6 °, of the Act is replaced by the following provision: «6 ° concludes with functional rehabilitation and vocational rehabilitation institutions and medico-pediatriques centres, on the proposal of the College of doctors-directors, the conventions referred to in article 23 § § 3 3 ".
S. 115. There shall be inserted in article 23 § 1 of the Act, between the first and the second sentence, the following sentence: "(mission to decide, in each case, supported by insurance health care benefits provided in the centres medico-pediatriques for children with chronic disease referred to in article 34, 9 °, is also has)."
S. 116 article 23, § 2, of the Act, the words "when the rehabilitation program includes" are replaced by the words "where programs and services referred to in paragraph 1 include'.
S. 117A article 23, § 3, of the Act, as amended by the royal decree of 25 April 1997, the following changes are made: 1 ° "functional and vocational rehabilitation institutions" shall be replaced by the words "functional and vocational rehabilitation institutions and medico-pediatriques centres for children with chronic disease ';
2 ° 'convention functional rehabilitation projects' shall be replaced by the words "convention projects of rehabilitation and the draft conventions with the medico-pediatriques centres.
S. 118. Article 34, 9 °), of the Act is replaced by the following provision: 'a) in medico-pediatriques centres for children with chronic disease and in colony for feeble-minded children;'.
S. 119 articles 114 to 118 come into force on January 1, 1999.
Subsection IX. -Fee art. 120. an article 36ter, worded as follows, shall be inserted in the Act: «art.» 36ter. - § 1. While waiting for the King has established in accordance with the provisions of article 36A, rules on certification for physicians, dental practitioners and pharmacists-specialists in clinical biology, this matter continues to be governed by the medico-mutualistes national agreements and dento-mutual referred to in article 50, § 1, and by the convention with pharmacists referred to in article 48.
§ 2. The medical national agreement of February 17, 1997 is expected to provide a lump sum of 20,000 francs for 1998 Honorary. ».
S. 121. article 50A of the Act, inserted by the law of 22 February 1998, is replaced by the following: «art.» 50A: § 1. If there's no agreement referred to in article 50 into force, tariffs serving as basis for calculation of the intervention of the insurance are maximum fees which may be claimed by the physician, if care is provided: has) in an organized childcare service;
(b) in the context of an intensive care unit admission;
(c) to admitted patients in common room or double room beds, having asked to be admitted in the common room or in a room with two beds or admitted in a special room for medical reasons;
(d) to children hospitalized with an accompanying parent.
§ 2. If an agreement referred to in section 50 is in effect, rates serving as basis for calculation of the intervention of insurance constitute the maximum fees that may be claimed by the physician having acceded to the agreement or, if care is provided: has) in an organized childcare service;
(b) in the context of an intensive care unit admission;
(c) to children hospitalized with an accompanying parent.
The King, after receiving the opinion of the national medical Commission, makes compulsory until 31 December 1999 the fees resulting from the agreement for the services provided to patients in the common room or in room with two beds, which has requested to be admitted in the common room or in a room with two beds or admitted in particular for medical reasons room whether or not the physician accedes to the agreement.
The King may, from January 1, 2000, after the opinion of the National Commission medical, issued in implementation of article 50, § 2, paragraph 4, make compulsory fees resulting from the agreement to the benefits referred to in the preceding paragraph.
If the agreement as referred to in article 50 contains no provisions concerning the maximum fees for the benefits referred to in paragraph 2, shall apply from § 1.
§ 3. The King may fix by order deliberated in Council of Ministers, the maximum fees and surcharges of fees maximum that can be claimed by the doctors involved or not if care is provided to patients who are admitted in particular at their express request room and without their treatment requires.
It determines the same information that the physician or the hospital manager should provide to patients as well as the terms and conditions under which such information may be given. ».
S. 122. article 120 produces its effects on February 8, 1998.
Section 121 is effective December 1, 1998.
Section x. - Closure of accounts art. 123. article 40 of the Act, as amended by the law of 20 December 1995 and the Royal Decrees of 10 December 1996 and April 25, 1997, shall be supplemented by the following paragraph: "§ § 5 5.» When closing accounts, the allocation of the annual budget goal between the general scheme and the scheme for the self-employed to determine the annual budget goal of each regime, shall be proportional to expenditure for selected benefits, in each of the two regimes of the healthcare insurance, in the said closing accounts. The provisions shall apply for the first time on the closure of accounts for the year 1998. ».
Subsection XI. -Agreements art. 124. article 51 § 1 of the Act, as amended by laws of December 20, 1995 and December 10, 1997, is supplemented by the following paragraph: "without prejudice to the foregoing provisions and those of article 49 if, at the date of termination of an agreement, no new agreement has been concluded, the price and fees set out in the previous agreement expired. continue to serve as a basis for calculation of the intervention insurance until a new convention or any other text that legally, in lieu thereof, enter into force. ».
Sub-section XII. -Simplification of the pricing article 125. article 53, paragraph 1, of the Act, is hereby amended as follows: "or in the manner specified in a regulation made by the Insurance Committee on the proposal of the competent technical advice according to the nature of the benefits.
».
Sub-section XIII. -Of clinical biology article 126. in article 57, § 2, of the Act, as amended by laws of December 20, 1995 and April 25, 1997, the following changes are made: has) to the paragraph 1, the first sentence is replaced by the following sentence: "the precise medical National Commission in an agreement confirmed by royal decree, after consulting the Insurance Committee and after approval by the general Council. , the rules of calculation of the packages mentioned in the § 1. »;
(b) paragraph 2 is replaced by the following provision: 'In the absence of approval of the agreement by the general Council, the procedure provided for in § 3 may apply.'.
S. 127. article 60, paragraph 3, of the Act is replaced by the following provision: "§ § 3 3» Medical National Commission States in an agreement confirmed by royal decree, after consulting the Insurance Committee and after approval by the general Council, the method of attachment of the package referred to in § 2, its calculation rules, its terms of payment as well as any other provision for the implementation of this package. In the absence of approval of the agreement by the general Council, the procedure provided for in § 4 may apply. ».
S. 128. in article 61 § 7 and § 16 of the same Act, paragraph 3 is replaced by the following subparagraph: "the debtor balance is payable within thirty days following notification of the laboratory concerned.» Nevertheless, the King may other deadlines and stop payment of the sums due. The expiration deadlines and/or in case of non-compliance with the terms and conditions, the laboratory is warned of right to pay all of the amounts still due. ».
S. 129. at article 61, § 7, paragraph 4 and § 16, paragraph 4 of the same Act, the first sentence is replaced as follows:

"In case of non-payment within the time or following the procedures referred to in paragraph 3, all of the amounts still due report interest on arrears of 12 p.c. year, effective the day following the day of the deadline not met until the day of payment. ''
S. 130. A section 64 of the Act, as amended by the law of 22 February 1998, the following changes are made: A) the paragraph 1, 1 °, is completed as follows: "only effected by means of devices equipped with an identification number and a meter can be subject to a refund. Under conditions to be determined by the King, the care given certificate or document which place mentions the identification number that the Institute has assigned to the service in which the services are performed, as well as the identification number of the device by means of which the service is provided, and the serial number of the delivery, as noted by the meter; »;
(B) paragraph 2 is replaced by the following paragraph: "it is forbidden to charge the patient's benefits not complying with the conditions laid down in paragraph 1.".
S. 131. the King sets the date of entry into force of article 130.
Sub-section XIV. -Provisions financial arts.
132. article 191 of the Act, recently amended by the law of 22 February 1998, is complemented by a point 24 °, as follows: "24 ° fees levied by insurers, in implementation of article 4, paragraph 4 of the royal decree of 18 December 1996 establishing measures to establish an identity card social to the use of all insured persons. in application of articles 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes on the occasion of the replacement or renewal of the social identity card. ».
S. (133. article 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 article 191, paragraph 1, 12 ° to 20 °, 23 ° and 24 °;'.
S. 134. article 195, § 2, of the same Act is supplemented by a paragraph 4, reads as follows: "administrative costs are increased by the amount of the fees referred to in article 191, 24 °; they are fully in charge of the sector of health care, scheme for salaried workers. ».
S. 135. article 191 of the Act, as amended most recently by the law of 22 February 1998, is supplemented by a paragraph 2, as follows: "when supplements contributions or premiums, income and deductions referred to in paragraph 1, 8 °, 9 ° and 13 °, result from insurance policies contracted with a foreign insurer, the King lays down the procedures for the collection of these resources and sets , in this framework, the mission of the representatives referred to in articles 178 of the Code of taxes assimilated to the stamp and 224-2bis of the general regulation on the fees assimilated to the stamp. ».
S. 136 article 195, § 2, paragraph 3, of the Act, the words "for the period from 1 January 1985 to 31 December 1993' are replaced by the words" until 31 December 1993'.
Subsection XV. -Of the normative key s. 137. article 196, paragraph 2, of the Act, replaced by the royal decree of 12 August 1994, confirmed by the law of 21 December 1994 is supplemented by the following paragraph: ' by way of derogation from the deadlines referred to in paragraph 1, King may provide, on the proposal of the general Council, the adaptation of the distribution key normative to a year provided that this adaptation is limited to the effect of the correction of data used in the conditions determined by him, or. the use of new data, without changing the settings selected. This adaptation of the normative key must be done prior to the approval of the closure of the accounts of the last year of each phase. ».
S.
138a article 199, § 3, of the Act, the following paragraph is inserted between paragraphs 2 and 3: "where appropriate, article 199, § 2, paragraph 5, if applies to the assessment that agencies insurers impose on licensees affiliated with them in order to complete the aforesaid reservation. ''
».
Section II. -From insurance benefits article 139. article 93, paragraph 8, of the Act, inserted by the law of 22 February 1998, is replaced by the following provision: "For categories of workers unable to work from the fourth month and disabled it sets and the conditions it determines, the King may grant a lump sum allowance for assistance of third parties.".
S. 140. article 101, paragraph 1, of the Act, is replaced by the following provision: "incapable of work recognized worker who has done a job without the prior authorization referred to in article 100, § 2, but whose working capacity is still reduced by at least 50% of the medical point of view, is required to reimburse the compensation he received for days or the period during which or which he has done this unauthorized work. ''
S. 141 to article 102, paragraph 1, of the Act, the words "and that activity was compatible with his State of health" are deleted.
Section III. -From arts and maternity insurance 142 A section 114 of the Act, paragraphs 1 and 2 shall be replaced by the following subparagraphs: 'prenatal rest begins, at the request of the licensee, at the earliest from the seventh week preceding the expected date of childbirth or the ninth week, when multiple births is scheduled. For this purpose, the holder delivers to its insurance fund a medical certificate stating that childbirth should normally occur at the end of the period of rest requested. If childbirth occurs after the date scheduled by the doctor, the prenatal rest shall be extended until the actual date of childbirth.
Postnatal rest extends to a period of eight weeks that begins the day of childbirth. This period may be extended to a maximum of the period during which the licensee has continued the work or unemployment controlled from seventh to the second week y included preceding the confinement and the ninth in the second week is included when a multiple birth is foreseen. The King may determine the periods which can be assimilated to the extension of postnatal rest to a period during which the licensee continued to work or unemployed during the above-mentioned period. ».
S.
143. at article 39 of the law of 16 March 1971 on work, as amended by the law of 22 December 1989 and December 29, 1990, paragraphs 1 and 3 are respectively replaced by the following subparagraphs: "at the request of the worker, the employer is required to give him leave as soon as possible from the seventh week preceding the expected date of childbirth or the ninth week before this date When a multiple birth is foreseen. The worker gave him no later than eight weeks before the expected date of childbirth or ten weeks prior to that date when a multiple birth is foreseen a medical certificate attesting to this date. If childbirth occurs after the date laid down by the doctor, the leave is extended until the actual date of confinement.
The labour disruption is prolonged, at his request, beyond the eighth week, for a period of a duration equal to the duration of the period during which she continued to work from the seventh week before the exact delivery or the ninth week date when a multiple birth is foreseen. This period is, in the case of birth premature, reduced by the number of days during which she worked during the period of seven days immediately preceding the date of childbirth. The King may equate with periods of work, certain periods of suspension of the execution of the contract of employment and certain absences when it comes to people who otherwise than under a contract of employment, provide the benefits of working under the authority of another person. ».
Section IV.
-Control medical art. 144. article 146 of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, is supplemented by the following paragraphs: 'the medical control service may also denounce interested disciplinary bodies to the facts gathered during its investigation insofar as this information may interest the latter in the course of the supervision to which they are responsible.
Such instances shall also inform service of the medical control of the final decisions that they have made about facts having harmed the insurance health care and allowances.
The provincial councils and the boards of appeal of the order of doctors communicate especially at supra service sanctions for abuse of freedom diagnostic and therapeutic.
Such communications mention motivation and the system of these penalties. ».
Section V. - Abolition of the national fund for retirement of miners s. 145 article 78bis, § 2, paragraph 3, of the Act, inserted by the Act of 29 April 1996 and replaced by the law of 22 February 1998, the words 'full and alternate' are deleted.
S. 146. article 145 enter into force on 1 January 1999.
Section VI. -Of the contribution on turnover of pharmaceutical products art. 147 A article 191, paragraph 1, 15 °, of the Act, as amended by the Act of 20 December 1995 and replaced by the law of 22 February 1998, the following changes are made: 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 turnover which was made respectively during the years 1994, 1995, 1997 and 1998 respectively;
2 ° the second sentence of paragraph 5 is replaced by the following sentence: "for the years 1995, 1996, 1998 and 1999, they shall be respectively submitted before February 1, 1996, November 1, 1996, March 1, 1999 and April 1, 1999.";
3 ° paragraph 6 is replaced by the following paragraph: "for the years 1995, 1996, 1998 and 1999, the contribution must be paid respectively before March 1, 1996, December 1, 1996, April 1, 1999 and 1 May 1999 to account n ° 001-1950023-11 of the national Institute for sickness and invalidity insurance, depending on the year in question, with the mention: «assessment 1994 turnover», «assessment 1995 turnover» «assessment 1997 turnover» or 'assessment 1998 turnover.
»;
4 ° the last subparagraph is replaced by the following subparagraph: "revenues for 1996 which result from the above assessment, are charged in the accounts of the insurance mandatory healthcare respectively for the financial year 1995 contribution revenues 1994, the premium turnover 1995 and 1998 contribution turnover 1997. ''
Section VII. -Of mutual societies and national unions of mutual societies art. 148. an article 37bis, as follows, is inserted in the law of 6 August 1990 on mutual societies and the national unions of mutual societies: «art.» 37bis.-in the case of the mutations individual members, referred to in articles 255 et seq. of the royal decree of 3 July 1996 on the implementation of the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, it is forbidden to mutual societies and national unions of mutual societies to grant a bonus to encourage members to ask a mutation.
The King determines, after advice from the Board of control of mutual societies and the national unions of mutual societies, the benefits to premiums within the meaning of paragraph 1, and in addition fixed transitional provisions and the conditions that must be met. ».
CHAPTER VII. -Social security for overseas art. 149. article 30, 2 ° of the Act of 17 July 1963, social security overseas, amended by the Act of February 16, 1970, is hereby repealed.
S. 150. article 149 apply to benefits granted under the provisions of chapter IV of the above-mentioned Act of 17 July 1963, to insured persons whose disease manifested itself after 1 January 1999.
CHAPTER VIII. -Social security for provincial and local governments article
151. article 140, paragraph 1, of the new Municipal Act, is replaced by the following subparagraph: "treatment, plus employer contributions to pensions intended for the common system pension administrations affiliated to the national social security for provincial and local governments, as well as the contributions and any costs of the regional collector, including hiring costs, are borne by the administrations of the same province that are served by a regional collector. ''
S. 152A section 140 of the Act, the following paragraph is inserted between paragraphs 4 and 5: "employer and personal contributions due, intended to finance pensions, are paid by the State to the Agency national social security of provincial and local administrations through the service responsible for the payment of salaries and during the month of payment. ''
S. 153 article 161, paragraph 2, of the Act, the words "and regional recipients" are deleted.
S. 154 A section 161 of the Act, the following paragraph shall be inserted between paragraphs 2 and 3: "With regard to the pension plan, regional recipients appointed definitively are affiliated full rights to the national Office of social security for provincial and local governments.".
S. 155. the employer contribution for the family allowances scheme and the employer contribution to the regime diseases professional, respectively referred to in article 18 and 18A of the royal decree of 25 October 1985 on execution of chapter I, section 1 of the Act of 1 August 1985 concerning social arrangements are treated as the employer social security contributions referred to in article 38 , § 3, 5 ° and 6 °, of the law of 29 June 1981 laying down the General principles of social security for employees, whenever an exemption from contributions referred to in article 38, § 3, 5 ° and 6 °, of the above-mentioned Act is provided for in a measure taken by a law or an order royal and which is also applicable to workers occupied by Government affiliated to the national social security for provincial and local governments.
S.
156. article 155 is effective June 1, 1997.
CHAPTER IX. -Holiday annual s. 157. article 5, paragraph 2, laws in relation to the annual vacation for employees, coordinated on June 28, 1971, is replaced by the following provision: "casual work during periods of non-compulsory presence in the educational institution is not considered as a first occupation.".
S. 158. article 19, § 1, paragraph 5 of the same laws, replaced by the law of May 13, 1976, is repealed.
S. 159. articles 157 and 158 shall apply from year-end 1998 holidays, vacation 1999 year.
S.
160. article 33, paragraph 2, same laws is replaced by the following subparagraph: 'The King shall determine the conditions whereby bonuses or savings balances remaining due after rectification and not reaching the amount fixed, are not paid.'.
S. 161. in order to facilitate the payment of bonuses of holidays in 1999, the King may, by Decree deliberated in the Council of Ministers, allocate a portion of the financial resources of the overall management provided for in article 22, to the national Office for annual vacation § 2, a), of the law of 29 June 1981 laying down the General principles of social security for employed persons.
TITLE III. -Social integration, chapter I. -Allowances to disabled arts. 162. the following changes are made by section 6 of the allowances for disabled persons act of 27 February 1987: has) § 3, replaced by the law of 22 December 1989, the second sentence is replaced by the following: 'these two allowance varies according to the degree of autonomy and the category to which the disabled person belongs.';
(B) article is supplemented by a § 4, as follows: "§ § 4 4» For the integration allowance, the categories are defined as follows: 1 ° to category 1 is disabled persons whose degree of autonomy is set at 7 or 8 points;
2 ° to category 2 is disabled persons whose degree of autonomy shall be 9 to 11 points;
3 ° to category 3 belongs the disabled with a degree of autonomy set 12 to 14 points.
4 ° to category 4 is part of disabled persons whose degree of autonomy is fixed to 15 points at least.
The disabled person who gets less than 7 points cannot lay claim to an integration allowance.
For the allowance for assistance to the elderly, the categories are defined as follows: 1 ° to category 1 is disabled persons whose degree of autonomy is set at 7 or 8 points;
2 ° to category 2 is disabled persons whose degree of autonomy shall be 9 to 11 points;
3 ° to category 3 belongs the disabled with a degree of autonomy set 12 to 14 points.
4 ° to category 4 is disabled persons whose degree of autonomy is set at 15 or 16 points;
5 ° to category 5 is part of disabled persons whose degree of autonomy is fixed at 17 or 18 points.
The disabled person who gets less than 7 points cannot claim an allowance for assistance to the elderly. ».
S. 163. article 162 become effective July 1, 2000.
S. 164. article 7, § 2, of the Act is supplemented by a paragraph 3 as follows: "From July 1, 2000, a maximum CHF 100,000 replacement income is assimilated to income from the work actually performed by the disabled for the calculation of the income referred to in paragraph 1.".
S.
165. in article 16, § 4, paragraph 1, of the allowances for disabled persons act of 27 February 1987, "of one month" shall be replaced by the words "three months".
CHAPTER II. -Poverty and social integration s. 166. article 5, § 4, of the Act of 2 April 1965 the relief provided by the public social assistance centres, support is supplemented by the following paragraphs: "the grant remains due to the public social assistance centre and is equal to 100% when it acts as employer in accordance with article 60, § 7, of the Organic Act of 8 July 1976 of the public social welfare centres to permit a pauper". referred to in paragraph 1, to get the full benefit of a social allowance in an amount at least equal to that of the right to a minimum of livelihoods.
A subsidy is also due to the public Center of social assistance, the same legal and regulatory conditions than 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 livelihoods, when pursuant to section 61 of the Act of 8 July 1976 supra, the Center concludes with a private company an agreement to work for a pauper referred to in paragraph 1.
The King may, by Decree deliberated in the Council of Ministers,

determine certain categories of indigent aliens entered in the register of foreigners, for whom the subsidy referred to in paragraphs three and four, remains due to the public social assistance centre when a the work of stakeholders is conducted within the same conditions as those laid down such paragraphs three and four. ».
S. 167. article 166 is effective January 1, 1998.
S.
168 article 18 § 4, paragraph 3, of the Act of 7 August 1974 establishing the right to a minimum of livelihoods, the words 'referred to in paragraph 1' are replaced by ' referred to in paragraph 2.
CHAPTER III. -Activation of the minimum livelihood s.
169. article 2, § 5, of the Act of 7 August 1974 establishing the right to a minimum of livelihoods, inserted by article 272 of the law of 22 February 1998 establishing of social provisions is replaced by the following text: "§ § 5 5.» By way of derogation from the General provisions laid down in §§ 1 and 3 and in article 5, the King fixed by a decree deliberated in the Council of Ministers, the monthly amount of the minimum means of existence for the copyright set to work in a program insert for integration on the labour market. It determines in this Decree the conditions for access to the various programmes for insertion and granting of the minimum means of existence.
If, after application of the provisions contained in paragraph 1, the person concerned has resources of an amount less than the amount of the minimum means of existence in which he could claim under the General provisions contained in §§ 1 and 3 and in article 5, a complement to minimum means of existence granted pursuant to these provisions. ».
S. 170. a § new 5A is inserted in article 2 of the law of 7 August 1974 establishing the right to a minimum of livelihoods, as follows: "§ 5a. '. With regard to tax and social legislation, except in cases determined by the King in the legislation establishing the right to a minimum of livelihoods, the minimum livelihood provided for in § 5, paragraph 1 is regarded as remuneration.
The employer who occupies the workers referred to in § 5, 1st paragraph and does not meet the conditions laid down by the King, is liable to pay to the public social assistance centre a lump-sum indemnification, including the amount, conditions and modalities are determined by the King by Decree deliberated in the Council of Ministers.
By way of derogation from article 23 of the Act of 12 April 1965 on the protection of workers, the minimum means of existence referred to in § 5, paragraph 1, may be entered on the worker's wage. This imputation is made directly after the deductions permitted under article 23, paragraph 1, 1 °, of the Act and is not involved in the limit of a planned fifth in article 23, paragraph 2.
The King may, by order deliberated in Council of Ministers, under the conditions it determines, for workers with the benefit of the minimum means of existence referred to in § 5, 1st paragraph: 1 ° provide for derogations from the provisions of Act of 3 July 1978 on contracts of employment, with regard to compliance with the rules relating to the breach of the contract of employment by the worker when it is engaged in another contract links of work or named in administration;
2 ° provide for derogations from the provisions fixing the amount of remuneration, without however departing from the amounts guaranteed monthly minimum revenue fixed by collective labour agreements in the national Council of labour and made compulsory by royal decree;
3 ° provide a temporary, total or partial exemption of employer social security contributions referred to in article 38, §§ 3 and 3A, of the law of 29 June 1981 laying down the General principles of social security for workers and employer social security contributions referred to in article 2, §§ 3 and 3A, of the Decree-Law of January 10, 1945 concerning the social security of minors and related workers;
4 ° derogate from the provisions of the royal decree of June 28, 1971, adapting and coordinating the legal provisions relating to annual holidays of employees taking into account the rights of the worker retains as entitled to the minimum livelihood. ».
S. 171 articles 169 and 170 have effect to January 1, 1998.
S. 172. an article 57quater, worded as follows, is inserted in the Act of 8 July 1976 organic of the public social assistance centres: «art.»
57quater. - § 1. The person entered in the population register and who, because of his nationality is not entitled to a minimum of livelihoods may be at work in an induction program for its integration on the labour market.
§
2. The King fixed by a decree deliberated in the Council of Ministers the monthly financial social assistance for the recipient to work in such a program. In this order, it determines the conditions for access to the different insertion and granting financial aid programs.
The King determines by the same Decree the conditions for granting of a supplement to financial assistance when the amount of resources available to the person concerned through his work is less than that laid down in article 2, § 1, of the law of 7 August 1974 establishing the right to a minimum of livelihoods for the category of persons to which belongs the person concerned.
§ 3. With regard to tax and social legislation with the exception of the cases determined by the King, the financial aid provided for in § 2, paragraph 1 is considered as earnings.
Employing the workers concerned in the § 1, and which does not meet the conditions laid down by the King, is liable to pay to the public social assistance centre lump sum compensation, the amount, conditions and modalities are determined by the King by a decree deliberated in the Council of Ministers.

By way of derogation from article 23 of the Act of 12 April 1965 on the protection of workers, the financial assistance referred to in § 2, paragraph 1, can be attributed to the compensation of the worker. This imputation is made directly after the deductions permitted under article 23, paragraph 1, 1 °, of the Act and is not involved in the limit of a planned fifth in article 23, paragraph 2.
The King may, by order deliberated in Council of Ministers, under the conditions it determines, for workers with financial assistance in § 2, paragraph 1: 1 ° provide for derogations from the provisions of the Act of 3 July 1978 relating to contracts of employment, with regard to compliance with the rules relating to the breach of the contract of employment by the worker when it is engaged in another contract of work links or named in a Administration;
2 ° provide for derogations from the provisions fixing the amount of remuneration, without however departing from the amounts guaranteed monthly minimum revenue fixed by collective labour agreements in the national Council of labour and made compulsory by royal decree;
3 ° provide a temporary, total or partial exemption of employer social security contributions referred to in article 38, §§ 3 and 3A, of the law of 29 June 1981 laying down the General principles of social security for workers and employer social security contributions referred to in article 2, §§ 3 and 3A, of the Decree-Law of January 10, 1945 concerning the social security of minors and related workers;
4 ° derogate from the provisions of the royal decree of June 28, 1971, adapting and coordinating the legal provisions relating to annual holidays of employees taking into account the rights that the worker retains as a beneficiary of the financial assistance. ».
S. 173. article 172 is effective January 1, 1998.
S. 174. article 5, § 4, paragraph 2, of the Act of 2 April 1965 concerning support for relief by the public social welfare centres, inserted by the law of 22 February 1998, is replaced by the following subparagraph: "the grant is equal to 100% of the amount of the costs of financial assistance to the needy referred to in paragraph 1. where this assistance is granted in application of article 57quater of the law of July 8, 1976, organic of the public social assistance centres. ».
S. 175. article 174 is effective January 1, 1998.
TITLE IV. -Public health chapter Ire. -Stopped royal No. 78 of 10 November 1967 Section Ier.
-Medical and nursing file electronic arts. 176. in order royal No. 78 of 10 November 1967 on the exercise of the art of healing, nursing, paramedical and medical committees, shall be inserted an article 45bis, worded as follows: «art.» 45bis. - § 1. The King may lay down minimum criteria which must meet to be licensed by the Minister who was in charge of the public health, medical and nursing case management software electronics.
§ 2. The criteria which must meet to be certified, medical and nursing case management software electronics may relate, inter alia, the following areas: the functions they perform, medical and nursing data banks internal to the software and their interchangeability, the architecture of the record of the patient, the codification of the affections, the applications of statistics to aid in the diagnosis, therapy and prescription assistance the list of medical and nursing data, anonymized or not, relating to the

patients, who must be able to be exchanged, as well as the use of the social security card and billing to insurers.
§ 3. The criteria are set by the King, by deliberate order in Council of Ministers, and on the advice of a multidisciplinary working group, that the King means.
§ 4. The work referred to in § 3 group must include, at the time where it renders an opinion on these criteria, at least one representative of the Minister of public health, of the Minister of Social Affairs, the Minister of Justice, the Minister of Economic Affairs and representatives from the relevant professional groups.
§ 5. On the basis of the opinion of the multidisciplinary group of referred to in § 3 and constituted in accordance with § 4, the Minister may approve medical and nursing case management software electronics. ».
Section 2. -Professions allied health articles 177. article 24 of the same order is replaced by the following provision: «art.» 24 - § 1. No one outside practitioners, referred to in article 2, § 1, and in articles 3, 4 and 21a, with regard to the benefits related to their respective art can achieve benefits specified in pursuance of article 23, § 1, or acts mentioned in article 22, 2 ° and 3 °, if he holds a licence issued by the Minister having health in its attributions.
§
2. The King, on the advice of the national Council of the paramedical professions, lays down the conditions and rules for obtaining, maintaining and the withdrawal of approval referred to the § 1.
This approval may be granted only to persons who meet the required conditions of qualification specified in pursuance of article 23 § 1, or acts mentioned in article 22, 2 ° and 3 °. ».
S. 178. an article 24A, worded as follows, shall be inserted in the same order: «art.» 24A.-practitioners performing the acts referred to in article 22 cannot practice their profession if they have previously been aiming their titles by the Medical Commission laid down in article 36 and competent because the place where they intend to settle.
For the granting of the visa, the Committee proceeded to registration in accordance with the procedures laid down by the King.
The visa shall be granted against payment of a fee. The King fixed the amounts and conditions of payment of this fee. ».
S. 179. at article 25, § 1, of the same arrested, "if it meets the conditions of skills required' shall be replaced by the words" if he is the holder of the approval referred to in article 24, § 1.
S.
180 article 54ter of the order is replaced by the following provision: «art.» 54ter. - § 1. By way of derogation from article 24, § 2, paragraph 2, the approval referred to in article 24 § 1 is granted ex officio to persons who, at the time of the entry into force of the royal decree adopted in implementation of article 24, § 2, paragraph 1, are approved for this occupation by the service of health care of the national Institute for sickness and invalidity insurance, in accordance with article 215 of the law on compulsory insurance health care and benefits co-ordinated on 14 July 1994.
§ 2. By way of derogation from article 24, § 2, paragraph 2, the approval referred to in article 14, § 1, shall be granted to persons who so request, non-in the § 1 and who are holders: 1 ° - in relation to a profession, for which there is a training with an established institution, funded or recognized by the competent authority, of a degree from an established institution subsidised or approved by the competent authority, punishing training including the level but not completely theoretical training and theoretical and practical training and courses, meets the conditions referred to in article 24, § 2, paragraph 2, provided that they get this degree before the end of the period of six years from the entry into force of the royal decree adopted in implementation of article 24 § 2, paragraph 1;
2 ° or - with regard to an occupation for which there is no training at an institution created, funded, or recognized by the competent authority - a diploma, issued by an institution created, funded, or recognized by the competent authority for training level to meet the conditions referred to in article 24, § 2, paragraph 2, for as much as they get this degree before the end of the year during which are issued the first graduates completing training that matches the conditions referred to in article 24, § 2, paragraph 2.
In order to introduce the request for approval to the Minister having health in its attributions, the persons referred to in 1 ° and 2 °, have one year from the date of the entry into force of the royal decree made pursuant to article 24, § 2, paragraph 1, or as soon as the above graduation. During this transitional period and as long as their application for registration has not yet made a decision, they can continue to exercise their profession.
§ 3. By way of derogation from article 24 § 1, persons who do not meet the qualifying conditions laid down in article 24, § 2, paragraph 2, but which, at the time of the publication of the list of benefits or the list of acts of the paramedical profession which they fall, performed such services or actions for at least three years, may continue the same activities in the same conditions as paramedical practitioners performing such services or actions.
By way of derogation from article 24, § 1, persons who do not meet the qualifying conditions laid down in article 24, § 2, paragraph 2, for their paramedical profession, for which there is not a training within the meaning of the conditions of qualification referred to above, may continue the same activities in the same conditions as paramedical practitioners performing such services or actions , for as much as they perform these actions at the time where the first graduates have been issued, santionnant one or these benefits training which corresponds to the conditions referred to in article 24, § 2, paragraph 2.
Under penalty of losing the benefit of the provision in paragraph 1 or subparagraph 2 of this paragraph, they are required to make themselves known to the Minister who has the public health in its attributions, at the end of a procedure laid down by the King. on this occasion, they know the activities for which they invoke the benefit of acquired rights. The procedure laid down by the King will determine inter alia the manner in which the evidence of the performance of the services or acts referred to in paragraph 1, shall be reported. ».
S. 181 § 1.
In article 30 § 1, 3 °, paragraph 1, of the arrested, the words "and an official of the Ministry of social welfare or public institution that jurisdiction" shall be replaced by: "and at least two doctors offered by the branch Committee of the medical control created within the national Institute for sickness and invalidity insurance.
§
2. Article 30 § 1, 3 °, paragraph 2 is amended as follows: 'Given non-official and doctors nominated by the Committee of the Service of the medical control mentioned above, the half at least of Member physicians must practise their art in a care facility.'.
S. 182. at article 31 of the same royal decree, the words "one Member referred sub 5 ° and one of the members referred sub 5 ° bis' shall be replaced by the words 'and one of the members referred sub 5 °'.
S. 183. the King fixed, by Decree deliberated in Council of Ministers, by profession, the entry into force of sections 177-180.
Section 3. -National Council of physiotherapy s. 184. at article 21B, § 7, of the same stopped, the words ', regards the notices referred to in article 47, § 1, "shall be inserted between the words"decisions of the Council are"and the words" acquired to.
Section 4. -Medical professions and Allied Arts. 185. an article 45ter, worded as follows, shall be inserted in the same order: «art.» 45ter. - § 1. Practitioners professional, referred to in articles 2, 3, 4, 5, § 2, 21A, 21quater and 22, which record data relating to patients and send them anonymously to the Minister having health in his attributions and the Scientific Institute of health public Louis Pasteur may be granted a subsidy within the limits of the appropriations entered in the budget of the Department for the implementation of this order.
§
2. The King determines, by Decree deliberated in the Council of Ministers, the nature and destination of these data, the other conditions data recording and the conditions to which practitioners referred to respond, as well as the conditions for the award of the subsidy. ».
Section 5. -Commission medical art. 186. article 37 § 1, 2 °, (b), of the same order, is supplemented by the following paragraphs: "the practitioner is not free to deliberately evade examination of experts.
In the latter case, the medical commission may, by unanimous decision, remove the visa or subordinate its continued acceptance by the person concerned of the limitations that it imposed for the period necessary to obtain the opinion of the experts. This period may be ever more than three months, renewable.
When his physical or mental incapacity is such that she feared serious consequences for patients, medical commission may, by unanimous decision, remove the visa or subordinate its continued acceptance by the person concerned of the limitations that it imposed, for a period necessary to obtain the opinion of the experts. This period cannot be never greater than two months, renewable.
The interim withdrawal or maintenance

conditional of the visa is terminated as soon as the Medical Board ruled definitively. ».
S.
187 article 43, § 2, 1 °, of the same Decree, the words "chapter I bis' shall be replaced by the words"chapter ter I.
Section 6. -Pharmacies s. 188. an article 4, § 3A, is inserted in the same order: ' § 3A. '. By way of derogation from article 4, § 3, the Minister of public health may grant the legal person responsible for the management and exploitation of the building from Brussels-National Airport, opening an accessible dispensary for all categories of passengers in the building of the airport transit area. The authorization is personal and non-transferable.
Any breach of the above provision renders this permission.
This pharmacy falls under the application of the Belgian pharmaceutical legislation.
The King determines the procedure governing this authorization, as well as the terms and conditions to meet the authorisation to open. ».
Section 7. -Guard services art. (189 A article 9 of the same Decree, the following changes are made: A) the § 1, paragraph 1, as amended by the law of 6 April 1995, is completed as follows: ' none of the practitioners referred to in articles 2, 3, 4 and 21A and satisfying the required conditions cannot be excluded from these custody services, provided that the person concerned agree to the rules of procedure and that it observes the ethical rules. ";
(B) § 1, paragraph 2, is hereby amended as follows: 'and a rules of procedure.';
C) § 2, paragraph 1, is completed as follows: «, and is authorized to approve the rules of procedure referred to the § 1 and resolve disputes regarding child care. ''
CHAPTER II. -S. hospitals act 190. at article 9A of the hospitals Act, co-ordinated on 7 August 1987, inserted by the law of December 30, 1988 and replaced by the law of 29 April 1996, the words "or other areas" are added after the words 'care domains '.
S. 191. in title I, chapter I, of the same Act, is inserted a Section 8A, which reads as follows: 'Section 8A. -Network and circuit of care article 9B. - § 1. For the purposes of this Act, is meant by: 1 ° 'network of healthcare facilities': a set of care providers, service providers, institutions and services, which jointly offer one or more circuits of care under a collaboration agreement legal intra and extra muros and for a group target of patients to be defined by them and in a sector to motivate by them;
2 ° "care circuit": all programs and other healthcare facilities, organized through a network, as referred to in 1 °, which can be traversed by the target group or subgroup target referred to 1 °.
§ 2. The King may, by Decree deliberated in the Council of Ministers, after consultation with the national Council for hospital establishments, designate the target groups for which care must be provided by a network of healthcare facilities. Where appropriate, it may designate the categories of care providers that are part of this network.
§ 3. The King may, by Decree deliberated in the Council of Ministers, extend the provisions of this Act, in whole or in part and with the necessary adaptations, to targeted care networks in the § 1, to the circuits of care which form part and the various components of the system of care. ».
S. 192 articles 9B and 9quater of the Act are now, respectively, articles 9quater and 9quinquies.
S. 193. in title III, chapter I, of the same Act is inserted a section 6, which reads as follows: "Section 6. -Needs by s. catchment area 45bis.-hospitals wishing to be included in programming or obtain a licence or an extension of it for the services, functions, sections, medical or medico-technical services or programs for care, to be appointed by the King, must submit a reasoned request that proves the existence of requirements relative to the activity in question in the catchment area, which may be specified by the King for each type of activity.
This evidence consisted of a report describing the situation within the area of attraction in question and a multi-year plan detailing the actions to be taken in response to the observed need. ».
S. 194. an article 70B, worded as follows, is inserted into the Act: «art.» 70B. - any hospital must have a local Ethics Committee, on the understanding that the King may define the conditions in which this Committee can operate as part of an agreement of cooperation between hospitals.
The Committee exercises the following missions when the request it is addressed: 1 ° a mission accompanying and of Council concerning the ethical aspects of the practice of hospital care;
2 ° an assistance mission to the decision regarding individual cases;
3 ° a function of opinion on all protocols of experiments on humans and human reproductive material.
Missions referred to above may be specified by the King, after the opinion of the national Council for hospital establishments.
The King may, after receiving the opinion of the national Council of hospital facilities, fix the terms, rules and conditions according to which the mission referred to 3 ° should be run jointly by several hospital ethics committees.
The King fixed, after receiving the opinion of the national Council of hospital facilities, the composition and functioning of the local Ethics Committee. ».
S.
195. in chapter III of title III of the Act, is inserted a section 8, which reads as follows: "Section 8. -Services Hospital s. 76quinquies - the King may, after receiving the opinion of the national Council of hospital facilities, specify by Decree deliberated in the Council of Ministers of the rules relating to the medical acts whose execution requires a hospital setting or that must be carried out outside. ».
CHAPTER III. -Law of 27 June 1978 amending the legislation on hospitals and on certain other forms of dispensation of care article
196. at article 5 of the law of 27 June 1978 amending the legislation on hospitals and on certain other forms of dispensation of care, replaced by the law of 8 August 1980, as amended by the royal decree No. 59 of 22 July 1982 and by the law of 20 July 1990, the following change is made:-in the § 1 , paragraph 1, the words ', nursing home services» are inserted between the words «integrated care services home» and «and approved nursing homes»
Title V. - Social status of the self-employed, chapter I. -Amendments to order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons art. 197 A article 15, § 2, paragraph 2, 2 °, of the royal decree No. 38 of 27 July 1967 organizing the social status of the self-employed, the words 'age 65 or 60 years, depending on whether it is a man or a woman' are replaced by the words "the age of the pension, as defined in articles 3, § 1, and 16 of the royal decree of 30 January 1997 on the self-employed pension plan. ", pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension, and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary.
S. 198. article 17, paragraph 1, of the same order, is replaced by the following subparagraph: ' self-employed workers, who believe to be in need or in a neighbouring State of need, may apply for total or partial exemption of contributions due under sections 12, § 1, and 13, speaking to the commission referred to in article 22. '.
S. 199 A article 21bis of the same order, the following changes are made: 1 ° to the § 1, paragraph 2, the words "of the different regimes and sectors of the social status of self-employed persons" shall be replaced by the words "of the overall financial management of the social status of self-employed persons, referred to in article 2, paragraph 1, of the royal decree of 18 November 1996 introducing a comprehensive financial management in the social status of self-employed persons. ', in accordance with Chapter Ire of title VI of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes.
2 ° § 2 is repealed.
S. 200. articles 197 and 199 produce their effects, respectively on July 1, 1997 and January 1, 1997.
CHAPTER II. -Amendments to the statutes of 26 June 1992 and 30 December 1992 establishing social and diverse provisions art.
201. an article 78bis, as follows, is inserted in the Act of 26 June 1992 of social and various provisions: «art.» 78bis. - § 1. Companies which, by means of a certificate issued by the Administration of direct contributions, can prove that they have exercised in 1992 no activity commercial or civil, are not liable to pay the single contribution.
§
2. The Administration of direct contributions is required to provide to each interested party information and certificates required for the purposes of this chapter, without costs into account.
».
S. 202. article 89, § 3, of the Act of 30 December 1992 establishing of social and various provisions is replaced by the following provision: "§ § 3 3» Administration

direct contributions is required to provide to each party concerned the information and certifications required for the purposes of this chapter, without costs into account. ».
S. 203. an article 92bis, worded as follows, shall be inserted in the Act: «art.» 92bis. - companies which, by means of a certificate issued by the Administration of direct contributions, can prove that they have exercised no civil or commercial activity for one or more full calendar years, are not liable for the levy referred to in article 91 for the years involved. ».
CHAPTER III. -Admission of the assisting spouse of the self-employed worker to the regime of the supplementary pension and establishment of a guarantee of continuity in payment of premiums in this regime arts
204. at article 52 bis of the order royal No. 72 of 10 November 1967 on retirement and survival of the self-employed pension, inserted by the royal decree of 26 March 1981 and amended by the law of 14 December 1989, the following changes are made: 1 ° the § 1 is supplemented by the following paragraph: 'the spouses referred to in article 7. 1 °, of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, which has been assigned a share of profits and profits as revenue from this activity, in accordance with article 86 of the 1992 income tax Code, and which are subject voluntarily to the compulsory insurance scheme against disease and disability , sector allowances, shall also be permitted, under the conditions laid down by the King, by a deliberate in Council of Ministers Decree, to conclude a contract of insurance to develop either a pension or a pension for retirement and survival for the surviving spouse. »;
2 ° to § 2, paragraph 1, the words: "referred to the § 1, paragraph 1," shall be inserted between the words "self-employed" and "must make a contribution."
3 ° § 2 is supplemented by the following subparagraph: ' by way of derogation from the preceding paragraphs, the self-employed may pay a fee equal to 7% of two-thirds of the minimum income referred to in article 12, § 1, paragraph 2, of the royal decree No. 38 supra. ';
4 ° it is inserted a § 2A, as follows: "§ 2A.» For the purposes of becoming a pension referred to the § 1, paragraph 2, assisting spouses must pay contributions to the social insurance fund with which the self-employed person is insured. The assessment shall submit to the insurance fund.
This contribution is equal to 7% of two-thirds of the minimum income referred to in article 12, § 1, paragraph 2, of the royal decree No. 38 supra. »;
5 ° § 3 is supplemented by the following subparagraph: "the provision of paragraph 1 is not applicable to the prescribed contributions to the § 2A.»
S. 205 article 1451du Code taxes on revenues, 1992, inserted by the law of 28 December 1992, the following changes are made: 1 ° "to 1452 to 14516 articles' shall be replaced by the words" articles 1452 to 14516bis ';
2 ° is added a 6 ° as follows: '6 ° as a free spouse caregiver of a self-employed pension contributions.'.
S. 206. in title II, chapter III, section Ire, sub-section IIbis of the same Code, it is inserted under point (G), entitled "Contributions for a self-employed person assisting spouse-free pension", an article 14516bis, worded as follows: «art.» 14516bis. - it is granted a tax reduction calculated on the amount of contributions paid in accordance with article 52 bis, § 2A, of the royal decree No. 72 of 10 November 1967 on retirement and survival of the self-employed pension. ».
S. 207. Article 171, 2 °), 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) capital liquidated normal contract expiration or the death of the insured and cash values wound up during one of the five years preceding the normal expiry of the contract and provided that these capital and cash values are allocated at the rate of free pension. for which a tax reduction referred to in article 14516bis been granted; ».
S. 208. the provisions of this chapter into force April 1, 1999.
TITLE VI. -Pensions chapter Ire. -Pensions for independent workers art.
209. article 4, § 2, of the Decree royal No. 72 of 10 November 1967 on retirement and survival of the self-employed pension, replaced by the royal decree of 1 June 1984, is replaced by the following provision: "§ § 2 2» For the granting of the survivor's pension, the declaration of absence of the spouse, in accordance with article 115 of the civil Code, is proof of his death. The absent spouse is supposed to have died on the date on which the judicial decision of declaration of absence is cast in res judicata. ».
S. 210. article 9, § 1, paragraph 2, of the same arrested and replaced by the law of May 15, 1984 and amended by order royal No. 416 July 16, 1986, is hereby amended as follows: ' (or in application of article 3, § 1, paragraph 1, has), of the Act of 20 July 1990 establishing a flexible age of retirement for employees and adjusting the pensions of employees to the evolution of the general welfare. (, or pursuant to article 5, § 1, paragraph 1, a), of the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes. ».
S. 211. article 31, 5 °, of the arrested is replaced by the following provision: "5 ° cases in which these benefits are suspended for the beneficiaries held in prison or placed in social defence institutions;".
S.
212. article 41, paragraph 2, of the same stopped, replaced by the law of June 9, 1970, and amended by the royal decree of 13 January 1971, is replaced by the following provision: "the disputed administrative acts must be submitted to the competent labour court within three months of their notification penalty of forfeiture,.".
CHAPTER II. -Pensions for salaried workers Section 1st. -Amendments to the royal decree of 23 December 1996 art. 213. an article 4bis, as follows, is inserted in the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension: «art.» 4bis. - the survivor's pension application is also worth, if necessary, request for retirement pension when the surviving spouse has reached the age laid down in article 2 or 3 of this order or when it reaches this age within twelve months of the date on which this application was introduced.
Application of pension introduced by a surviving spouse shall also, where appropriate, application of survivor's pension. ».
Section 2. -Amendments to royal decree No. 50 of 24 October 1967 s. 214. article 16, § 1, paragraph 1, of the royal decree No 50 of 24 October 1967 on retirement and survival of salaried workers pension, amended by the law of June 5, 1970, is hereby amended as follows: "the absent spouse is presumed deceased on the date on which the judicial declaration of absence is cast in res judicata.".
S. 215. article 31, paragraph 1, 5 °, of the same order, is replaced as follows: "5 ° cases in which benefits of this order are suspended of recipients held in jails or interned in social defence establishments, as well as the duration of the suspension.
».
S. 216. article 37 of the same order is replaced as follows: «art.» 37 - expenditure arising from the implementation of this order and the laws relating to the retirement and pensions of survival of workers, employees, miners and mariners sailing under the Belgian flag, insofar as they do not relate to pensions, are covered by: 1 ° the contributions referred to in article 3, paragraph 3, of this order;
2nd annual management profits made in capital accumulation plans unified and harmonized by the Act of May 28, 1971, realizing the unification and harmonization of capital accumulation plans established under laws relating to insurance for old age and premature death;
3 ° the annual operation of the national pension fund for miners or the national Institute for sickness and invalidity insurance, when it will be taken over the rights and obligations of the national pension fund for miners, due to the reduction of their charges, following the lowering of the twenty-seven years of work at the bottom to twenty-five years to obtain a retirement pension in the pension plan for salaried workers;
4 ° reserve mathematics, plus the part corresponding to the reserve fund, any annuity referred to in article 8, paragraph 3, of the Act of May 28, 1971, realizing the unification and harmonization of capital accumulation plans established under laws relating to insurance for old age and premature death.
The transfer of the reserve referred takes place within the time limits and according to the criteria laid down by the King;
5 ° the deductions made pursuant to royal decree No. 33 of 30 March 1982 concerning a restraint on disability benefits and early retirement;
6 ° the special assessment paid by the employer established by section 268 of the programme act of 22 December 1989;

7 ° the special assessment referred to in article 22 of the royal decree of November 3, 1969 determining for civil aviation aircrew special rules for the opening of the right to the pension and the special application of the royal decree terms no. 50 of 24 October 1967 on superannuation retirement and survival of workers, of the Act of 20 July 1990 establishing a flexible age of retirement for employees and adapting the pensions of employees to the evolution of the general welfare and the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes;
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 the pension and the special modalities of application of the royal decree No. 50 of 24 October 1967 on retirement and survival of salaried workers pension of the Act of 20 July 1990 establishing a flexible age of retirement for employees and adjusting the pensions of workers employed the evolution of general well-being and the royal decree of 23 December 1996 implementing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pensions;
9 ° the reimbursement made by the State under article 5, paragraph 1, 1 °, of the royal decree of 27 December 1977 implementing chapter III, section 5 - early retirement and special for unemployed - and chapter V, section 6 - early retirement for older disabled - the Act of 22 December 1977 relating to budget proposals 1977-1978;
10 ° of investment income made by the national Office of pensions under the scheme of distribution;
11 ° the deduction referred to in article 68, § 5, of the law of 30 March 1994 social provisions, amended by the royal decree of 16 December 1996 amending the law of 30 March 1994 social provisions, in accordance with articles 15, 6 ° and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension and 2 articles , § 1 and 3, § 1, 4 ° and § 2 of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium in EU economic and Monetary Affairs;
12 ° other revenues legal and regulatory;

13 ° the balance equal to the difference on the basis of cash between expenditures and own revenue, to be financed by the NSSO-global management under article 24 of the law of 29 June 1981 laying down the General principles of social security for wage-earners, as amended by article 8 of the royal decree of 8 August 1997 establishing measures for the development of the overall management pursuant to article 9 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary. ».
S. 217. article 49bis, paragraph 3, of the same arrested, inserted by order royal No. 513, March 27, 1987, is replaced by the following: 'The Council may delegate, to the extent that it determines, the powers laid down in article 60bis, § 2, paragraphs 4 and 5.'.
S. 218. article 60bis, § 1, of the arrested, inserted by order No. royal, 513 March 27, 1987 and amended by the law of 22 February 1998, is supplemented by the following paragraph: 'the Government Commissioner and the Minister of finance representative attend Council meetings, with voice but without vote.'.
S. 219. article 60bis, § 3, 4 °, of the arrested, inserted by order royal No. 513, March 27, 1987, is replaced as follows: ' 4 ° the limits within which it can delegate authority to the Deputy referred to in § 2, penultimate and final subparagraphs of this article.»
Section 3. -Amendment to the Act, on June 13, 1966, s. 220. article 21 of the law of 13 June 1966 relative to superannuation retirement and survival of workers, employees, seamen sailing under the Belgian flag, miners and free insured, is replaced as follows: «art.» 21 - § 1.
For the purposes of this article, shall mean: 1 ° by benefits: has) retirement, widow and survival pensions and supplies of coal y related or their equivalent in cash, the heating allowance and holiday bonuses, granted in the pension plans for workers, employees, miners, seamen sailing under the Belgian flag and employees;
b) invalidity pensions and coal supplies y related counter-value in cash, the heating allowance or holiday bonuses granted within the regime of invalidity pension for miners.
c) old-age and widow pension increases and income guaranteed;
d) old age for employees benefits and allowances of widow and orphan of employees;
(e) complementary allowances, allowances for supplement of the guaranteed income for the elderly, as well as allowances for the assistance of a third party, with the exception of those assigned to the recipients of an ordinary or special allowance, referred to in the law of 27 June 1969 concerning the granting of allowances to the disabled;
(f) advances on benefits which are paid by the paying agency before the decision laying down the definitive duties).
(g) old-age and widow pensions consist of compulsory payments made in accordance with the provisions listed in section 1 of the Act of May 28, 1971, realizing the unification and harmonization of capital accumulation plans established under laws relating to insurance for old age and premature death;
2 ° by paying agency: a) the national fund for retirement of miners or the Institut national d'assurance maladie-invalidité, when it will be taken over the rights and obligations of the national fund for retirement of miners, with regard to the benefits referred to in 1 °, b, or, as appropriate, to the f;
(b)) the national Board of pensions in this respect the advantages referred to in 1 °, a, c, d, e, as appropriate, to the f and g.
The King may amend paragraph 1.
§
2. In the case of undue payment of a benefit, the paying agency is exclusive jurisdiction, on the one hand, to recover amounts unduly paid, and other, to waive, either initiative or at the request of the beneficiary, in whole or in part to the recovery.
The paying agency shall notify his decision of recovery to the beneficiary; It cannot execute this decision only after expiry of a period of one month. If the beneficiary introduced his request to surrender before the expiration of this month, this query suspends the recovery until the Board for the payment of benefits or the paying agency Management Committee decides on the request.
§ 3. The action for recovery of benefits paid unduly prescribed by six months from the date on which the payment was made.
Where the undue payment has its origins in the granting or the increase of an advantage granted by a foreign country or a benefit in another scheme than those referred in the § 1, the repetition action is prescribed by six months from the date of the decision granting or increasing the above benefits.
The time limits set in paragraphs 1 and 2 is increased to five years when the undue sums have been obtained by fraud or false or knowingly incomplete statements. He in is same as regards amounts paid unduly as a result of the failure of the debtor to file a return prescribed by a statutory or regulatory or resulting from a commitment agreed previously.
However, the provisions of § 2, paragraph 2, and this paragraph, paragraphs 1 to 3, shall not preclude the recovery of undue payments on maturing within the meaning of article 1410, § 4, of the Judicial Code, which are not paid to the beneficiary and his or her spouse, not separated at the time of the birth of the debt.
§
4. Also the cases provided for in the civil Code, the limitation period is interrupted by the claim of undue payments notified to the debtor by registered letter to the post office or by amending decision duly notified to the person concerned by the administrative authority responsible for the establishment of rights.
The limitation period shall be interrupted again within six months flowing after the last act of recovery.
§
5. Except in the cases referred to in § 3, paragraph 3, the action for recovery of benefits paid unduly goes on the death of that to which they have been paid if at this point the claim of undue payment not him had not been notified.
However, this provision shall not preclude the recovery of undue payments on overdue amounts not paid to the deceased or his or her spouse, within the meaning of article 1410, § 4, of the Judicial Code.
§ 6. When in-kind benefits were improperly liquidated, recovery is carried out in cash. The King determines the cash value of these benefits.
§
7. All public administrations, all bodies responsible for the application of legislation on social security, work accidents and occupational diseases, as well as recipients of benefits, their agents, their heirs or assigns are required to communicate to the bodies

payers, on simple request and without moving, any document which the holding is imposed by the social legislation in force and to provide them with all information useful to the accomplishment of their mission.
§
8. Disputes relating to the application of the provisions of this article are of the competence of the labour courts.
The challenge to the claim for restitution should, under penalty of forfeiture, be submitted to the competent labour court within three months of notification.
Under penalty of nullity, the notification referred to in the preceding paragraph shall include the possibility to bring an action before the Court of labour and the time that must be respected in this matter.
The action brought before the Labour Court is not precedent of execution of an administrative decision.

The appeal of the judgments rendered by the labour courts can be introduced by registered mail addressed to the registry of the competent labour court.
Section 4. -Amendment to the Act of August 5, 1968 s. 221. Article 1 of the law of August 5, 1968, establishing some relations between the public sector pension plans and those of the private sector, as amended by the laws of the June 20, 1975, 20 July 1991 and February 22, 1998, the following changes are made: a) in paragraph 1, 1 ° and 2 ° shall be deleted;
(b) paragraph 2 is replaced as follows: 'The King may lay down rules for the application of the preceding subparagraph.'.
S. 222. article 221 is effective January 1, 1997.
CHAPTER III. -Provisions various 1st Section. -Amendments to the Judicial Code articles 223. article 1410, § 4, of the Judicial Code, amended by the acts of May 12, 1971 and July 31, 1984, the royal decree of 23 October 1989, the law of 20 July 1991 and the Royal Decrees of May 19, 1995 and 20 February 1997, is replaced by the following provision: "§ § 4 4» By way of derogation from the provisions of §§ 1 and 2, benefits paid unduly or by using the resources of the national Office of social security, of the national Office of social security for the provincial and local governments, of the national fund for retirement for miners, the Fund relief and welfare for the sailors, the Fund of illnesses, occupational accidents Fund in the public or private bodies responsible for the application of legislation relating to the status of self-employed workers or the social security Office of overseas, either by using resources from the budget of the Ministry of Social Affairs or those listed in the budget of the pension for the granting of guaranteed income seniors, either by using the resources for the granting of the minimum means of existence or allowance of the same from the budget nature of Ministry of Social Affairs and those listed in the budgets of the public social welfare centres, can be recovered Office to a maximum of 10% of each subsequent service provided to the debtor of the overpayment or to his successors in title.
For the determination of these 10%, the amount of this benefit is increased, where appropriate, the corresponding benefit granted under one or several foreign regulations.
When the recovery referred to in paragraphs 1, 3 and 4, can more be carried out by the agency or the creditor service in the absence of delivery still due by him, it can be effected ex officio at the request thereof, by a body or service paying one of the benefits referred to the § 1, 2 °, 3 °, 4 °, 5 ° and 8 °, to a maximum of 10% of the amount thereof.
Where the undue payment has been obtained by fraud, office recovery may bear on completeness of provided further benefits which are of the same nature or which are paid by the same body or service.
When family benefits have been obtained improperly due to negligence or omission of the contractor or of the beneficiary, recovery can bring on the entirety of the family benefits due later to the same beneficiary.
If the debtor or his successors prove income, calculated in accordance with the principles established in the law of 7 August 1974 establishing the right to a minimum of livelihoods, is less or becomes lower, following the recovery of office, the amount of the minimum means of existence according to the various categories as provided in the Act, recovery is as the case may be suspended or limited.
For the verification of parts, the agencies have jurisdiction to review of livelihoods.
All federal public administrations, all bodies responsible for the application of legislation on social security, work accidents and occupational diseases, the public social assistance centres, as well as beneficiaries, their agents, their heirs or assigns are required to communicate to the organizations and payment services, on simple request, any relevant document.

The agency or service pays for a benefit provided for in §§ 1 and 2, and with retroactive effect, may deduct amounts due and not yet paid, to the benefit of the body or service which has paid unduly, the amount of the services previously provided and which cannot be cumulated with the respective benefits.
When a pension beneficiary has waived with retroactive effect, due to the grant of a pension of retirement or survival dependant of a Belgian scheme of social security benefits received under article 7 of the Decree-Law of 28 December 1944 on social security for workers, the Office national employment is subrogated office and for the amount of the benefits received , in the law of the recipient's pension to the pension amounts that it is owed.
Where a recipient of benefits referred to in article 7 of the Decree-Law of 28 December 1944 on social security for workers gave with retroactive effect, due to the granting of such allowances to a retirement or survivor pension, the national pension is subrogated office and for the perceived amount, in the right of the beneficiary of the allowances in the amounts of the allowances that are due. ».
S. 224. article 1410 of the Code is supplemented by a § 5, worded as follows: ' ' § § 5 5 The body or service which is application of § 4, paragraph 2, the door to the knowledge of the debtor by registered letter to the position. This letter mentions under penalty of nullity: 1 ° the amount to be recovered and the method of calculating this amount;
2 ° the opportunity to bring an action before the competent court;
3 ° the body or the Department to which recovery is sought, as well as the procedures for recovery.
The agency or service provides, by simple letter, agency or service from which recovery is requested: 1 ° the data necessary to identify the debtor;
2 ° the amount of overpayment to be recovered and the procedures for recovery;
3 ° the date of the notification referred to in the preceding paragraph;
4 ° any modification of the above elements.
The agency or service from which recovery is requested communicates to the debtor, by regular sending: 1 ° the name of the organization or service originated demand for recovery as well as the amount and the terms and conditions thereof;
2 ° the date from which the overpayment will be recovered.
The date referred to in paragraph 3, 2 °, shall be after three months the date of the notification referred to in paragraph 1.
The appeal referred to in paragraph 1, 2 °, is brought before the labour court competent within three months from the date of presentation of the recommended, and this fold, barely foreclosure. ».
S. 225. article 1410 of the Code is supplemented by a § 6, as follows: ' ' § § 6 6 The agency or service that carries out a Recovery Agency pursuant to § 4, paragraph 1, 3 or 4, and who is seized of an application under paragraph 2 of the same paragraph, responds it after recovering his own claim.
When several agencies or services from the same organization or service an application based on § 4, paragraph 2, the office recovery occurs first in favour the agency or the most diligent service. ».
Section 2. -Guaranteed income for the elderly arts. 226 A article 16, § 1, paragraph 2, of the law of 1 April 1969 establishing a guaranteed income for the elderly, replaced by the law of June 5, 1970, "within the month" shall be replaced by the words "within three months".
Section 3. -Provisions Commons article (227 A article 11, § 1, c), of the Act of 21 May 1991 establishing some relations between Belgian pension schemes and those of institutions of public international law, amended by the law of 17 February 1997, the words "both under the applicable Belgian law that ' are deleted.
S. 228. article 227 is effective July 1, 1997.
S. 229. in article 68quinquies, § 1, paragraph 2, of the law of 30 March 1994 social provisions, inserted by the royal decree of 16 December 1996 amending the law of 30 March 1994 social provisions, in accordance with articles 15, 6 ° and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension and 2 articles , § 1 and 3, § 1, 4 ° and § 2 of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium in economic and Monetary Union European, the words "who pays a capital after 28 February 1997 and ' shall be inserted between the words 'Paying agency' and the words ' which does not observe the obligations.
S.

230. article 229 is effective January 1, 1997.
CHAPTER IV. -Section 1 public sector pensions. -Mandates and supplements treatment art. 231 A section 8 of the General pensions Act civil and ecclesiastical of July 21, 1844, replaced by the law of 21 May 1991, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: «§ 1.»
Superannuation is paid to reason, for each year of service, of 1/60th of the benchmark treatment.
The benchmark treatment is the average salary of the last five years the career or the duration of the career if it is less than five years. This average salary is established on the basis of treatments as they are fixed in the salary scales attached to the functions in which the person concerned was appointed permanently. If, during the period defined above, the interested, named as definitive in a function, exercised another function in which he was not appointed permanently, only treatments attached to the office in which he is appointed definitively are taken into account. If the person was not appointed on a permanent basis during the entire period defined above, the salaries attached to the functions carried out temporary or contract before the final appointment are also taken into account but, in this case, these treatments cannot be higher than those who have been allocated if these temporary or contractual services had been provided in the function in which the person concerned was appointed permanently.
Where, in a promotion function, the definitive appointment cannot take place at the end of a probationary period and at the end of this period the person concerned is appointed definitively in this function of promotion, it is supposed to have been appointed permanently at the beginning of the probationary period.
For the purposes of this Act is assimilated to a permanent appointment, the mandate assigned pursuant to either article 74bis of the royal decree of October 2, 1937, bearing the status of agents of the State, of article 22 of the royal decree of 26 September 1994 establishing the General principles of the status administrative and financial agents of the State applicable to the staff of the Government services of community and Region and the Commission for Community Colleges
common and the French Community Commission as well as legal persons governed by public law which depend on it. The King may, by Decree deliberated in the Council of Ministers, assimilate to a final appointment other mandates of a similar nature which it designates.
For the determination of the reference treatment referred to in paragraph 2, it is, if necessary, also required account processing as defined in § 2 supplements that are attached to the functions in which the person concerned was appointed outright or in which the person concerned has, pursuant to sections 182 and 261 of the Judicial Code was designated. These supplements are taken into account for the periods during which they were actually granted and up to the amounts granted during these periods.
However, if the pay supplement is granted in the form of a percentage of the treatment, the supplement to be taken into account is established on the basis of the salary scale which was or would have been allocated under the conditions laid down by the monetary statute in force at the date of the pension courses and competition of the percentages actually granted.
By way of derogation from paragraph 4: 1 ° if paternity leave to the service activity, lay-off or partial career interruption or total, a supplement of treatment has been reduced in the same proportion as the treatment or has been suspended, the supplement to be taken into account is the one that would have been awarded if the treatment had not been reduced or suspended;
2 ° if additional treatment is wholly or partly incorporated into the salary scales, the supplement or the part of supplement which is incorporated is not taken into account.
For the determination of the treatment of reference referred to in article 2: 1 ° in-kind benefits are not taken into account, with the exception however of those granted to persons appointed permanently or designated as janitors for which these benefits come online account according to the procedures laid down by the King.
2 ° the salary scale attached to the function of Registrar of mortgages is replaced by the maximum of salary scale attached to the function of regional director in the Administration of VAT, registration and domains. »;
2 ° it is inserted a paragraph 2, to read as follows: ' ' § § 2 2 For the purposes of § 1, paragraph 4, the following treatment supplements are taken into account: 1 ° the supplement of treatment provided for by article 152bis of the law of June 15, 1899 including title II of the Code of military criminal procedure;
2 ° the bonus for seniority granted pursuant to the royal decree of 22 April 1952 the bonuses of seniority provided for by article 13 of the law of August 3, 1919 and may 27, 1947, by the Act of 14 February 1955 and by the royal decree No. 6 of January 21, 1957;
3rd annual allowances laid down in article 46 of the Act of April 28, 1953, on the Organization of university education of the State;
4 ° processing supplements granted in application of article 3, §§ 2 and 3 of the Act of April 5, 1955 to salaries of holders of a function to the Council of State;
5 ° the mobile part of the fees laid down by the royal decree of August 3, 1955, determining the working conditions and the system of payments of the special staff of the management of the Administration of the Navy, up to the amount provided for in article 10, § 1, of this order;
6 ° processing bonus granted in accordance with the royal decree of April 15, 1965, granting a bonus of treatment to some members of the staff paid by the State whose entry into service has been significantly delayed by the war 1940-1945;
7 ° the addition to treatment granted pursuant to article 25 of the royal decree of 19 September 1967 relating to the status of administrative and pecuniary of certain agents of the administrations of the State, responsible for functions related to assistance and hygiene;
8 ° supplements treatment granted in application of the Judicial Code, with the exception of those provided for in articles 358, 359 to 370.
9 ° the allocation of pilotage and supplementary compensation laid down by the royal decree of September 17, 1969, granting an allowance of flying bridge officers command vessels of Ostend-Dover and Ostend-Harwich lines, up to the amount provided for in article 4 of this order;
10 ° the supplement of treatment accorded pursuant to the royal decree of January 16, 1970, giving an extra treatment to certain members of the teaching staff carrying special diplomas;
11 ° the complement of treatment accorded pursuant to the royal decree of 20 July 1971 providing a complement to treatment for extraordinary and varying benefits with the benefits of night time and services performed on Sundays and public holidays, to some members of the paramedical personnel of the State educational;
12 ° mobile treatment or supplements of treatment granted to the staff of the air traffic control of the Régie des Voies aériennes under the collective agreement concerning social programming 1972-1973 or negotiations within the Committee of sector VI: Communications;
13 ° the supplements provided by the royal decree of April 4, 1975, setting the conditions of monetary Department central services officers assimilation of finance officers in field services and agents maintained available to the outside of the Administration of the special tax inspection services or who are appointed;
14 ° the allocation of pilotage and complementary compensation laid down by the royal decree of 11 April 1975 granting an allowance of flight deck officers, responsible for the command of the ships of the Régie of maritime transport as well as a retribution complement to some members of the personnel of the Board, up to the amount provided for in article 3 of this order;
15 ° the premium sea laid down by the royal decree of August 18, 1976 setting the premium of sea of the aircrew of the Administration of Marine and Inland Navigation, to a maximum of the amount provided in article 1, column III, of this 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 laying down scales of salary of the members of the administrative staff of the Council of State;
17 ° the mobile part of the fees laid down by the royal decree of 14 September 1981 determining working conditions and remuneration of staff plan pilot attached to the pilot station of the Zeebrugge coast, up to the amount provided for in article 8, § 2, of the Decree;
18 ° the premium sea laid down by the royal decree of 29 November 1983 regulating premium sea of aircrew of the Régie for shipping, to a maximum of the amount provided in section 1, column III of this order;
19 ° the allocation of pilotage and supplementary compensation laid down by the royal decree of 18 January 1984 granting an allowance of pilotage to the bridge officers of the command ships and hydrofoils

the governance of maritime transport as well as additional compensation to certain members of the personnel of the Board, up to the amount provided for in article 3 of this order;
20 ° the addition to treatment granted pursuant to article 10 and the allowance granted in application of article 14bis of the royal decree of August 13, 1990 fixing the monetary status of the staff of the Ministry of finance;
21 ° the addition to treatment granted in application of articles 3 to 8 of the Decree of the Flemish Executive of 28 November 1990 granting complementary treatment to members of the staff of the Flemish Executive and certain legal persons of public law within the Flemish community or the Flemish Region;
22 ° the allocation granted to the Rector, the Vice-President and the Secretary of the Academic Council in application of article 100, paragraph 1, of the Decree of 12 June 1991 on universities in the Flemish community;
23 ° functional supplement given to nursing and paramedical staff under the circulars from the Ministry of public health and the environment of 12 June 1991 or 1 June 1992;
24 ° supplement of treatment provided for by order of the Executive of the French community of September 3, 1991, providing an additional treatment to carry special education staff members of certificate of fitness to the abnormal children's education;
25 ° the addition to treatment granted pursuant to article 9 of the royal decree of 11 March 1993 on the patent expert of tax administration;
26 ° the addition to treatment granted in application of articles 18 to 20 of the royal decree of 15 March 1993 on the status of administrative and pecuniary of certain agents of the State administrations responsible functions in connection with assistance and hygiene;
27 ° premium projected sea to part XIII, title 3, Chapter 11, of the status of the staff of the Ministry of the Flemish Community of 24 November 1993, up to the annual amounts mentioned in article XIII 106sexies/decies, § 1, of that status, as well as the premium sea, laid down in article XIII 155decies of this same status of staff, up to the annual amounts referred to in this article;
28 ° the addition to treatment granted pursuant to article XIII 147 of the Decree of the Flemish Government of 24 November 1993 on the Organization of the Ministry of the Flemish community and staff;
29 ° the addition to treatment granted in accordance with the Decree of the Flemish Government of 3 May 1995 granting a complement to treatment by 11% to certain officials of the 'Openbaar mixes Ziekenhuis"Geel and the 'Openbaar mixes Ziekenhuis" in Rekem, in application of article XIII 54 to 56 of the Decree of the Flemish of 12 June 1995 on the organisation of the 'Openbaar mixes Ziekenhuis"Geel and status of personnel or in application of article XIII 54 to 56 of the Decree of the Flemish Government of 12 June 1995 on the organisation of the 'Openbaar mixes Ziekenhuis"; in Rekem and staff
30 ° complement of treatment accorded pursuant to article XIII 110 of the Decree of the Flemish Government of 10 May 1995 on the organisation of the «Administratieve diensten van de Autonome Raad voor het Gemeenschapsonderwijs» and of the staff regulations, article XIII 106 of the Decree of the Flemish Government of 16 May 1995 on the organisation of "Kind en Gezin" and of the staff regulations, article XIII 117 of the Decree of the Flemish Government of 16 May 1995 on the organisation of the «Vlaams Fonds voor» social Integratie van Personen met een Handicap"and of the staff regulations, article XIII 107 of the Decree of the Flemish of 12 June 1995 on the organisation of the"Openbare Afvalstoffenmaatschappij voor het Vlaamse Gewest» and of the staff regulations, article XIII 117 of the Decree of the Flemish of 12 June 1995 on the Organization of the "Vlaamse Landmaatschappij" and status of personnel or article XIII 108 of the Decree of the Flemish Government of 12 June 1995 on the organisation of the 'Vlaamse Milieumaatschappij. and of the staff regulations;
31 ° treatment supplements granted in application of articles 20, 24 and 26 of the royal decree of 10 July 1996 on various arrangements pecuniary in favour of certain agents of the Ministry of finance belonging to levels 2 +, 2, 3 and 4;
32 ° additions to treatment granted pursuant to article 8 of the royal decree of 3 June 1997 on the grades of the Régie des Voies aériennes salary scales;
33 ° processing supplements and the allowance granted in application of articles 6, 7, 8, 12, 17 and 22 of the royal decree of 6 July 1997 fixing the monetary status of the staff of the Ministry of finance;
34 ° additions to treatment granted pursuant to article 5 of the royal decree of 27 March 1998 establishing the pay ranges for the ranks of the Régie des Voies aériennes;
35 ° complements of treatment provided for by or under the organic regulations of the staff of the House of representatives, the Senate and the Councils of communities and Regions, with the exception of those awarded due to the exercise of higher functions;
36 ° bonus treatment granted pursuant to article 194, § 4, of the Statute of the staff of the Court of Auditors;
37 ° treatment supplements awarded for extraordinary services to the nursing and nursing staff of the Centre hospitalier universitaire Liège and the 'Universitair Ziekenhuis Gent.
Are also taken into account: 1 ° the compensation paid to the Commissioners of police exercising the function of officer of the Crown;
2 ° the supplement of treatment accorded to the Assistant police Commissioners which ensure a permanent service of intervention as defined until July 1, 1991;
3 ° the supplement by annual treatment accorded to the Chief of the Fire Department;
4 ° the supplement of treatment provided for rural guards in function in a commune over 4,000 inhabitants unserved by a Commissioner of police;
5 ° the pay supplement given to nursing and health care, staff to staff y assimilated and paramedical staff of local governments, such extraordinary benefits as defined in the circular of the Ministry of public health and the family of 3 November 1972;
6 ° the indemnity granted to benefits imposed for the functioning of communal services, the authorising officers, guards, curators, gravediggers, brigadiers-gravediggers, porters in the service of the burials, attendants mortuary deposits and in the morgue.
7 ° the addition of treatment accorded to inspectors and Chief Inspectors of police which are clothed quality officer of judicial police auxiliary of the Procurator of the King;
8 ° supplements treatment granted to members of the staff of local governments in application of paragraphs 6.2 and 6.3 of the Social Charter - harmonization of administrative status and general revision of the scales of the staff of local authorities of the Region of Brussels - capital - April 28, 1994.
No increase in subsequent to December 31, 1998, a supplement of treatment referred to in paragraph 1 or 2 is taken into account for the purposes of § 1, paragraph 4.
The King may, by Decree deliberated in the Council of Ministers, complete the list of supplements for processing referred to in paragraphs 1 and 2. It may, for the supplements which it designates, derogate from the provisions of paragraph (3) and decide that the increases occurred in supplement of treatment after December 31, 1998 speakers also applies for the purposes of § 1, paragraph 4. »;
3 ° paragraph 2 becomes paragraph 3;
4 ° article is supplemented by the following paragraphs: "§ § 4 4» For the calculation of the retirement pension is made abstraction of services and periods whose taking would cause harm to the person concerned.
§ 5. The pension established in accordance with the foregoing provisions is acquired per month. ».
S. 232. article 2 of the law of 14 April 1965 establishing certain relationships between the various public sector pension schemes, as amended by the law of 5 August 1978, is supplemented by the following paragraph: "for the purposes of paragraph 1, the services rendered in connection with a term referred to in article 8, § 1, paragraph 3, of the General Law on Civil and ecclesiastical pensions from July 21, 1844, from one of the authorities or bodies referred to in article 1. , paragraph 1, are considered likely to confer rights to a retirement pension in the pension of this power or this organization. ».
S. 233. article 7 of the same Act is supplemented by the following paragraph: "for the purposes of paragraph 1, the services rendered in connection with a term referred to in article 8, § 1, paragraph 3, of the General Law on pensions civil and ecclesiastical of July 21, 1844, from one of the authorities or agencies referred to in article 1, paragraph 1, are considered likely to confer rights to a survivor's pension under the pension plan from this. power or this organization. ».
S. 234. article 391, paragraph 2, of the Judicial Code is replaced by the following provision: "the retirement pension is equal to the salary of reference defined in article 8, § 1, of the General Law on Civil and ecclesiastical of July 21, 1844 pensions. '' For the purposes of paragraphs 2 and 4 of this provision, the planned designations in articles 79, 151 and 153, are treated as appointments to outright. ».
S. 235.

Article 392, paragraph 2, supra, modified Code by the law of June 17, 1971, is replaced by the following provision: "pension is paid at the rate of one-thirtieth of the treatment of reference defined in article 8, § 1, of the General Act of 21 July 1844 for each of the first five years of service in the judiciary and at the rate of one thirty-fifth of this 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 planned designations in articles 79, 151 and 153, are treated as appointments to outright. ».
S. 236 A section 12 of the Act of July 9, 1969 amending and supplementing legislation concerning retirement and survival of the agents of public sector pensions, amended by the law of April 6, 1976 and supplemented by the law of 24 December 1976, the following changes are made: 1 ° the § 1 shall be supplemented by the following paragraphs: 'by way of derogation from paragraph 6. If a supplement of treatment took into account for the determination of average salary as basis for the calculation of the pension, and that later the same supplement is, in whole or in part, incorporated in the wage scale scale, referred to-percentages above are, from the date of the incorporation, corrected taking into account the initial denomination pension reached If it had been established apart from the supplement included in the wage scale scale.
The application of article 7 cannot have the effect of reducing the amount of the pension wound up on the eve of the incorporation.
For the purposes of paragraphs 3 to 8, both the new maximum treatment that the maximum of the salary to the last rank are taken into account, excluding allowances or other benefits considered as pay supplement. »;
2 ° § 4 is repealed.
S. 237. article 5 of the law of January 10, 1974 at adjusting the eligibility of certain services and assimilated periods in service activity, for the granting and calculation of pensions to the public Treasury are made the following amendments: 1 ° in the paragraph 1, the words "and treatment supplements" are inserted between the words "of the processes' and the words 'of which the person concerned '.
2 ° in paragraph 2, the words "the last treatment of activity serves as an" are replaced by the words "last activity treatment and the last supplement of treatment serve as elements.
S.
238 A section 3 of order royal No. 206, 29 August 1983 adjusting the calculation of the pension of the public sector for incomplete benefits services, the following changes are made: 1 ° the word 'processes' is every time replaced by the words "treatments and supplements treatment."
2 ° in paragraph 2, the words "or the pay supplement" shall be inserted between the words 'the treatment' and 'related '.
S. 239. in article 4, paragraph 2, of the Decree royal n ° 442 of 14 August 1986 regarding the effect of certain administrative positions on public service pensions, the words "and processing supplements" are inserted between the words "processing" and "whose agent.
S. 240. article 156, paragraph 2, of the new Municipal Act is replaced by the following subparagraph: ' pension is calculated on the basis of the treatment of reference defined in article 8, § 1, of the General Law on Civil and ecclesiastical of July 21, 1844 pensions. ''
S. 241 are considered supplements of processing inherent in the function within the meaning of article 8 of the General Law on pensions civil and ecclesiastical of July 21, 1844, as it stood prior to its amendment by section 233, supplements defined in article 8, § 2, of the general law of July 21, 1844, supra.
Treatment supplements considered as inherent in the function under the 1st paragraph are taken into account in accordance with the provisions of article 8, § 1, paragraphs 4 and 5, of the above-mentioned General Act of July 21, 1844.
S. 242. the mandate referred to in article 8, § 1, paragraph 3, of the general law of 21 July 1844, supra, which was awarded before the date of entry into force of this chapter, is, for the application of article 8, § 1, paragraph 2, of the same Act, as it read before its amendment by section 233, considered as a function to which the person was appointed.
S.
243. the authority or body that supports the burden of pension related to the services provided under a mandate which is taken into account under article 8 of the Act of July 21, 1844, supra, is subrogated to all the pension rights other than those resulting from a statutory pension scheme that the person concerned may claim for these same services.
Section 2. -Bonus for graduate art. 244. article 33 of the law of 9 July 1969 amending and supplementing legislation concerning retirement and survival of the agents of public sector pensions, amended by the law of 21 May 1991, is supplemented by the following paragraph: "the condition laid down in paragraph 2, 1 °, is expected to be completed by the officer who, at the time of his recruitment, was owner of the patent of lieutenant Mariner , and which, prior to the 1969-1970 school year, began studies leading to the diploma of aspirant-officer in the long run. ».
Section 3. -Representatives art. 245. at article 5 of the law of December 8, 1976, adjusting the pension of certain agents and that of their successors, replaced by the law of January 22, 1981, the following changes are made: 1 ° the § 1 is supplemented by the following paragraph: "for the agent which the treatment has been reduced under article 19, § 1, paragraph 4. , of the new Municipal Act, annual base salary to take into consideration is the treatment linked to exercised mandate apart from the reduction of treatment applied. »;
2 ° in § 2, the following changes are made: has) 1st paragraph is supplemented by the following provision: "in case of application of § 1, paragraph 4, the number of months is, for the period during which the treatment has been reduced, multiplied by the ratio between the reduced salary rate and the same treatment regardless of the discount applied. ';
(b) it is added a paragraph 4, as follows: "in case of application of § 1, paragraph 4, the limit of three quarters referred to in paragraph 3, § 3, paragraph 1, and articles 9, § 4, 10, paragraph 2 and 13, paragraph 2, is multiplied by the ratio between, on the one hand, the number of whole months for the exercise of the mandate taken into account for the calculation of the pension and. on the other hand, the number of whole months for the exercise of the mandate.
».
Section 4. -Probative force of administrative documents art. 246. the King determines under what conditions and how information exchanged, communicated, recorded, stored or reproduced by electronic, photographic, optical technique or of any other nature, and their reproduction on a readable medium, are evidence for the purposes of the legislation which the Pensions is responsible.
S. 247 § 1. The superannuation administration establishes a summary statement containing all the information taken into account for the establishment of the right to pension and for calculating it. This summary is sent to the recipient as soon as the definitive rate of the pension is communicated to him.
This summary of pension includes: 1 ° the date on which the pension application was registered by the administration of Pensions, the date of course of the pension and the nature thereof;
2 ° a chronological survey of the periods during which the person concerned has actually provided services, got to leave or was absent. For each period there is mention of 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 beginning and end of the statutory situation, of the importance of services provided compared to complete as well as the royalty benefits y, as well as any increment and reduction coefficients;
3 ° the price increases and the periods for which they have been granted;
4 ° the succession of treatments and supplements treatment that served as basis for the calculation of the nominal rate of the pension, salary scales are attached and indices corresponding;
5 ° the calculation of the nominal rate of pension taking into account possible limitations on the relative and absolute ceiling; the coefficient to be used for subsequent adjustments; the maximum of salary scale attached to the last rank as well as the mention of this last rank;
6 ° the elements taken into account for the purposes of the legislation amount minimum guaranteed;
7 ° the evidence was taken into account for the purposes of the legislation for cumulation with other pension or income replacement, or with income from the exercise of a professional activity.
§ 2. A summary of pension referred to the § 1 is, when it is sent to the person concerned, accompanied by a document stating the identity of the recipient, its superannuation number and the fact that the rate of pension which is communicated to him is the final of the rate and inviting the person to certify that he has received a summary of pension. This document must be signed by the interested party and returned to the superannuation administration within thirty days following the date of mailing.
If the document referred to in paragraph 1

was unable to the administration of Pensions within the prescribed period, the summary of pension referred to the § 1 is again sent to the interested party, but this time by registered post with acknowledgement of receipt letter.
§ 3. If within the three months following or the receipt to the Administration of the pensions of the document referred to in § 2, paragraph 1, either the date of dispatch of the registered letter with acknowledgement of receipt referred to in § 2, paragraph 2, the person concerned has submitted no dispute as to the information contained in the consolidated statement of pension, they have probative force in the head of the administration of Pensions. However, the person concerned can always subsequently bring new evidence that would contradict any other elements defined in the § 1, paragraph 2.
Probative force referred to in paragraph 1 applies to both respect the beneficiary itself of the pension for each organization to which obligations the rights and obligations resulting from the pension granted to that beneficiary. In addition, the probative worth also, but only for the elements referred to in points 2 to 4 of § 1, paragraph 2, both with respect to potential successors of the beneficiary at the death of the latter as each organization to which obligations the rights and obligations resulting from the pension awarded to these beneficiaries.
Section 5. -Disposition special s.
248 § 1. The services provided to the national Committee on energy by the Secretary-General, under-secretaries-general and permanent employees are, for the right and the calculation of a pension for retirement and survival dependant of the appropriations entered in the budget of the Ministry of foreign economic to the titles of the operating expenses and to remuneration of the national energy Committee, considered the services provided as a public servant appointed permanently to the Ministry of Economic Affairs.
§ 2. The Belgian State, represented by the Minister of Economic Affairs, is subrogated to the rights as beneficiaries of retirement and survival pensions referred to the § 1 take the legal, regulatory, statutory or contractual pension plan which, prior to the entry into force of this chapter was applicable because the services covered in the § 1.
Section 6. -Entry into force art.
249. This chapter enter into force on 1 January 1999, with the exception of articles 232, 233, 237, 238, 239, 241, 242 and 243 which take effect July 1, 1991.
Changes to section 33 of the Act on July 9, 1969 by article 244 and article 5 of the aforementioned law of 8 December 1976 by section 245 may, at the request of the person concerned, be applied to current pensions December 31, 1998.
Revision following the changes made by articles 244 and 245 is made in the following manner: 1 ° for pensions having taken courses from January 1, 1990, the nominal amount of the pension in effect on the date on which the revision must be carried out is multiplied by the ratio between the nominal amount that the pension would have achieved initially if it had been established taking into account the provisions of articles 244 and 245 , and the original nominal amount;
2 ° for pensions having taken courses before 1 January 1990, the nominal amount of the pension in effect on the date on which the revision must be carried out is multiplied by the ratio between the nominal amount that the pension would have achieved initially if it had been established taking into account the provisions of articles 244 and 245, and the initial nominal amount because these last two amounts being duly transposed the pivot index 138.01. For this transposition, it is made pursuant to the provisions of article 10, § 1, paragraph 2, of the law of 2 January 1990 granting a pension supplement temporarily some pensioners of the public sector.
The revision is effective January 1, 1999.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 25 January 1999.
ALBERT by the King: the Prime Minister, j.
DEHAENE the Minister of economy, E. DI RUPO the Minister of the Interior, L.
VAN DEN BOSSCHE the Minister of energy, J.P.. PONCELET the Minister for the Budget, H. VAN ROMPUY the Minister of public health and Pensions, M.
COLLA the Minister of employment and labour, Mrs M. SMET Minister of Social Affairs, Mrs M. DE GALAN the Minister of small and medium-sized enterprises, K.
PINXTEN the Minister of public service, A. FLAHAUT. the Minister of Justice, T. VAN PARYS the Minister of finance, j.. VIEWFINDER the Secretary of State for Social Integration, J. PEETERS sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) 1997-1998 regular Session.
House of representatives: parliamentary Documents - Bill, no. 1722/1. -Erratum, no. 1722/2. -Amendments, no. 1722/3.
1998-1999 regular session.
House of representatives: parliamentary Documents. -Amendments, our 1722/4 to 12. -Reports, our 1722/13 and 14. -Text adopted by the committees, no. 1722/15. -Reports, our 1722/16 and 17. -Amendments, our 1722/15. -Reports, our 1722/16 and 17. -Amendments, 1722/18 and 19. -Text adopted in plenary meeting and transmitted to the Senate, no. 1722/20.
Parliamentary Annals. -Discussion and adoption. Meetings of 2 and 3 December 1998.
Senate: Parliamentary Documents. -Draft transmitted by the House of representatives, n ° 1-1175/1. -Amendments, no. 1-1175/2. -Report, n ° 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 consultation Committee, no. 1 - 82/35.
Parliamentary Annals. -Discussion and adoption. Meetings on 13 and 14 January 1999.