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22 FEBRUARY 1998. Act respecting social provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er
General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2
Social affairs
CHAPTER I
Labour accidents
Art. 2
In article 27ter of the Act of 10 April 1971 on industrial accidents, inserted by Royal Decree No. 530 of 31 March 1987, the words "and for accidents referred to in article 45quater the allowances fixed by the King" are inserted between the words "27bis" and "are".
Art. 3
Section 2 produces its effects on 1^er January 1994 for accidents referred to in Article 45quater, paragraphs 1 and 2 and 1^er January 1997 for accidents referred to in Article 45quater, paragraphs 3 and 4.
Art. 4
Section 27quater, paragraph 2, of the Act, inserted by the Act of 29 December 1990, is replaced by the following provision:
"The King sets out the amount and terms and conditions for granting the special allowance, as well as the terms and conditions of the Fund's intervention in favour of persons entitled to the special allowance in respect of the periods of temporary incapacity for work, the costs inherent in medical, surgical, pharmaceutical and hospital care, and the necessary prosthetic and orthopaedic devices as a result of the accident. "
Art. 5
Section 45, paragraph 3, of the Act, as amended by the Act of 1^er August 1985, is replaced by the following paragraph:
"The capital shall be calculated in accordance with the tariff established by the King and according to the age of the victim or being entitled to the first day of the quarter following the judge's decision. From that date, interest is due in full right to this capital. "
Art. 6
Section 45bis, paragraph 2, of the Act, inserted by Royal Decree No. 530 of 31 March 1987, is replaced by the following paragraph:
"The capital is calculated in accordance with the King's tariff and according to the age of the victim on the first day of the quarter following the expiry of the revision period. From that date, interest is due in full right to this capital. "
Art. 7
Section 49, paragraph 3 of the Act, inserted by the Act of 30 December 1992, is supplemented by the following provision:
"This provision is not applicable to insurance contracts of less than one year. "
Art. 8
In section 49, paragraph 6 of the Act, as amended by the Act of 30 December 1992, the words "enterprises that do not meet the criteria set out in section 12 of the Act of 17 July 1975 relating to the accounting and annual accounts of enterprises in order to be able to establish their accounts according to an abridged pattern. are replaced by the words "enterprises whose annual average of the staff is greater than one hundred or that ensure a salary volume of more than one hundred times the maximum annual base salary referred to in section 39. "
Art. 9
Section 49 of the Act, as amended by the Act of 30 December 1992, is supplemented by the following paragraph:
"The employer who also makes insurance against accidents at work must subscribe to the mandatory insurance against accidents at work in favour of its workers with an authorized insurer with which it has no legal or commercial connection. "
Art. 10
Section 9 comes into force on 1^er January 1998.
Art. 11
Section 56 of the Act replaced by Royal Decree No. 530 of 31 March 1987 is replaced by the following provision:
"Art. 56. C § 1^er. When, for a given calendar year, the rate of annuity indexation is higher than the reference rate of interest, the King shall, after the advice of the Industrial Accidents Fund Management Committee, take the necessary initiatives to ensure the balance for the calendar year considered between the charges referred to in section 27bis of the Registered Insurance and the Industrial Accidents Fund and their products.
When the indexing rate exceeds the baseline interest rate for the first eight months of a calendar year, the Management Committee shall prepare a report on the likely evolution of the two rates for the Minister who has social security in his or her powers and advise the Minister on the initiatives or measures to be taken.
By reference interest rate, the average annual interest rates for the last five years of the five-year credit public institutions established by the National Bank are the average annual interest rates.
By indexing rate, the ratio between an annuity adapted to the evolution of the index in accordance with section 27bis as at 31 December of the previous calendar year and that annuity adapted to the evolution of the index in accordance with section 27bis as at 31 December of the previous calendar year, decreased by 1.
§ 2. The negative balance to be filled to restore the balance referred to in § 1^erParagraph 1^er, is equal to the amount, as of December 31 of the year before the calendar year in question, of claims to be paid and of provisional and final mathematical reserves made for annuities and allowances referred to in section 27bis of all registered insurers and the Industrial Accidents Fund, multiplied by the difference between the reference interest rate and the indexing rate.
§ 3. The purpose of the initiatives to be taken by the King is either to limit the expenses of the approved insurers and the Industrial Accidents Fund to the negative balance defined in § 2, or to increase their products to the negative balance, or to define a combination of these two tracks. One of these routes may be the imposition by the King, by order deliberately in the Council of Ministers, of an exceptional and temporary contribution to the care of employers.
In the absence of initiatives taken by the King within two months of the expiration of the calendar year in question, the charges, referred to in article 27bis, of registered insurers are financed, as a provisional and temporary measure and as a maximum of the negative balance to be filled, by a limitation of the contributions referred to in articles 59, 2°, and 59bis, 2°, as well as of the capitals referred to in article 59, 9°,^erParagraph 1^er. The Industrial Accidents Fund will be able to compensate for this shortfall by additional use of the resources referred to in Article 59, 12°.
§ 4. The amount of the contribution referred to in § 3, paragraph 1^er, is determined by applying a rate of contribution to the total amount of premiums or insurance premiums of and for the calendar year in question. The contribution rate is equal to the portion of the negative balance referred to in § 2 which must be financed by the exceptional contribution divided by the total amount of the cashing of and for the calendar year preceding the calendar year in question. The exceptional contribution is collected by registered insurers and the Industrial Accidents Fund on the basis of premiums or insurance contributions from and for the calendar year in question.
§ 5. Compensation for outstanding contributions received by each registered insurer and the Industrial Accidents Fund is made between insurers and the Fund, and on behalf of the Fund. The rules of this compensation shall be determined by ministerial order.
§ 6. The collection of the exceptional contribution cannot be subject to any taxes, commissions, or management load. "
Art. 12
Article 58, § 1^er, 17°, of the same law, inserted by the law of 30 March 1994 and amended by the royal decree of 16 December 1996, the words "as well as the allowances fixed by the King" are inserted between the words "annuities" and "for".
Art. 13
Article 12 produces its effects on 1^er January 1994 for accidents referred to in Article 45quater, paragraphs 1^er and 2, and 1^er January 1997 for accidents referred to in Article 45quater, paragraphs 3 and 4.
Art. 14
Article 60, paragraph 1^erof the same law, as amended by the law of 1^er August 1985 is supplemented by the following provision:
", and the portion of the benefits referred to in section 42bis, paragraph 2. "
Art. 15
Section 14 comes into force on 1^er day of the month following the publication of this Act to the Belgian Monitor.
CHAPTER II
Occupational diseases
Art. 16
Section 6 of the Acts for the Compensation of Damage resulting from Occupational Diseases, coordinated on 3 June 1970, as amended by the Act of 26 June 1992, is supplemented as follows:
"7° to issue, within the limits to be determined by the King, a notice relating to the exposure, to certain places or places of work, to the risks of occupational disease, at the written request of the occupational doctor or the Committee for Prevention and Protection at Work.
For this purpose, it may:
conduct risk assessment investigations;
C, in agreement with the occupational doctor, submit to the appropriate medical examinations the occupied workers to workstations exhibiting these risks.
The working physician, the employer and the relevant officials of the Professional Diseases Fund will, in advance and in common agreement, take all necessary measures to ensure that these investigations and examinations are carried out in the best possible conditions, both in terms of the proper work in the enterprises and the purpose pursued. "
Art. 17
In section 35 of the Act, as amended by the Act of 29 April 1996, the following paragraph shall be inserted between paragraphs 4 and 5:
"When, due to a professional illness, hospitalized in a hospital or care facility, the victim may request that the disability rate recognized for that disease be increased, for the hospitalization period, to 100% temporary or permanent incapacity of work according to the nature of the recognized incapacity for work at the time of admission to the hospital or care facility. At the end of the hospitalization period and unless the Vocational Diseases Fund decides otherwise, the victim's disability rate is reduced to the person recognized at the time of admission to the hospital or care facility. "
Art. 18
In section 35bis of the Act, as amended by the Act of 29 April 1996, the following paragraph shall be inserted between paragraphs 3 and 4:
"The victim referred to in the preceding paragraph is entitled from 1^er the day of the month following that in which it reaches the age of 65, at a higher rate of permanent incapacity for work equivalent to:
1% of additional permanent work disability when fixed at least 36% up to 50% or more;
2% of permanent additional work disability when fixed at more than 50% up to 65%;
3% of permanent additional work incapacity when fixed to more than 65% without the whole being able to exceed 100%. "
Art. 19
Section 48ter of the same Acts, as amended by the Act of 29 April 1996, is replaced by the following provision:
"Art. 48ter. C The King may foresee, for the occupational diseases that he or she cites, that, when a person suffering from any of these occupational diseases meets the requirements of section 32 and has also been exposed to the occupational risk of that disease for a period in which he or she does not belong to any of the categories of persons referred to in section 2 or was not insured under section 3, compensations and allowances shall be granted
Paragraph 1^er is, however, not applicable to persons referred to in section 48quater. "
Art. 20
Article 18 produces its effects on 1^er January 1997.
Paragraph 1^er of section 48ter of the Acts relating to the Compensation of Damage resulting from Occupational Diseases, coordinated on 3 June 1970, as amended by section 19 of this Act, shall effect on 2 December 1990.
Paragraph 2 of section 48ter of the Acts, as inserted by section 19 of this Act, shall be effective on 30 April 1996.
CHAPTER III
Family benefits
Art. 21
Article 32, paragraph 1^er, 8°, coordinated laws relating to family allowances for employed workers, as amended by the Act of 20 July 1991, are replaced by the following provision:
"8° the Flemish Community Commission and the French Community Commission; "
Art. 22
In article 32bis of the same laws, inserted by the law of 21 December 1994, the words "articles 47, 62, § 3" are replaced by the words "article 47".
Art. 23
In section 53 of the same Acts, 11°, restored by the Act of 22 December 1989, is replaced by the following provision:
11° the periods for which he is entitled to compensation pursuant to section 37 of the laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970; "
Art. 24
In section 55, paragraph 5, of the same laws, as amended by the laws of 1^er August 1985 and December 22, 1989, the words "or the law of November 27, 1891 for the suppression of vagrancy and begging" were deleted.
Art. 25
In Article 56 of the same laws, amended by Royal Decree No. 7 of 18 April 1967, the Law of 27 June 1969, the Royal Decree of 23 January 1976, Royal Decree No. 29 of 15 December 1978, the Law of 30 June 1981, Royal Decree No. 282 of 31 March 1984, the Law of 1^er August 1985, Royal Decree No. 534 of March 31, 1987, Royal Decree of January 28, 1988, Law of December 22, 1989 and Law of December 29, 1990, are amended as follows:
1° to § 1^erParagraph 1^er, 1°, the words "of Article 76quater, § 2, of the Law of 9 August 1963" are replaced by the words "of Article 136, § 2, of the Law on Health Care Insurance and Compensation, coordinated on 14 July 1994";
2° § 1^erParagraph 1^er, 3°, is replaced by the following provision:
"3° the sick worker not covered under 1° or 2°, has a working disability of at least 66% and the childbirth-based worker who does not receive a maternity allowance, and who in the 12 months immediately preceding the incapacity for work of at least 66% or the rest of the childbirth, have satisfied the conditions to claim at least six monthly lump sum allowances under these Acts; »;
3° § 2, paragraph 1^er, 1°, introductory sentence and (a) are replaced by the following provision:
"1° the sick worker or the victim of an accident or the worker at birth rest:
(a) benefits from an incapacity for work or maternity allowance provided for by the Health Care and Compensation Insurance Act, coordinated on 14 July 1994, from the seventh month of a period consisting of primary incapacity and possibly childbirth rest or during the period of disability and possibly childbirth rest; this provision is also applicable if this allowance is granted under section 136, § 2, of the same Act; »;
4° § 2, paragraph 1^er, 2°, is replaced by the following provision:
"(2) the worker or worker referred to in § 1^er, 2°, 3° and 4°, starting from the seventh month of a period consisting of incapacity of work of at least 66% and possibly rest of delivery; »;
5° in § 2, paragraph 1^er, 3°, the words "that fall under category II, III or IV, with respect to the degree of autonomy" are replaced by the words "that is achieved with a reduction of autonomy of at least 9 points".
Art. 26
In Article 56quinquies, § 1^erParagraph 1^er, the same laws, as amended by the royal decree of 28 January 1988 and the law of 22 December 1989, the words "of an integration allowance corresponding to category II, III or IV" are replaced by the words "of an integration allowance corresponding to a reduction of autonomy of at least 9 points".
Art. 27
The following amendments are made to section 56 of the Acts:
1° § 1^er, amended by the laws of 1^er August 1985 and 22 December 1989, is replaced by the following provision:
« § 1^er. If they have been in Belgium for at least five years at the date of the introduction of the application for family allowances under this section, the persons who are in the bonds of a learning contract provided for in the Act of 19 July 1983 on the apprenticeship of occupations carried out by employed workers, as well as the persons referred to in Article 62, §§ 1^er, 2, 3, 4 and 5, even if they do not meet the conditions set by or under this article as to the exercise of a profit activity, the granting of remuneration or the benefit of social benefits, are entitled to family allowances for children referred to in Article 51, § 3, 1°, 2° and 6° which are part of the same household. This right is a priority on the right of persons referred to in Article 62, §§ 1^er, 2, 3 and 4 eventually open as insured or social beneficiaries. »;
2° to § 4, amended by the laws of 1^er August 1985 and 22 December 1989, the words "Article 62, §§ 2, 4, 5 and 6. are replaced by the words "Article 62, §§ 2, 3, 4 and 5. "
Art. 28
Section 56octies, paragraph 2, of the same laws, inserted by the Royal Decree of 21 March 1985 and amended by Royal Decree No. 534 of 31 March 1987, is replaced by the following provision:
"It is also an attribute of family allowances at the rates set out in Article 40, the member who receives an interruption allowance referred to in Article 3, § 3bis, of the Act of 20 May 1994 on the monetary rights of the military. "
Art. 29
In Article 56decies, § 1^er, the same laws, inserted by the programme law of 22 December 1989, the words "or the law of 27 November 1891 for the suppression of vagrancy and begging" are deleted.
Art. 30
Section 58 of the Acts, amended by Royal Decree No. 534 of 31 March 1987 and the Act of 29 December 1990, is supplemented by the following paragraph:
"For the purposes of sections 56bis and 56quater, the parent or spouse declared absent must have satisfied the conditions to claim at least six monthly lump-sum allowances under these Acts, in the twelve months immediately preceding the absence of fact found in the investigation ordered under section 116 of the Civil Code. "
Art. 31
In Article 60, § 3, the same laws, as amended by the Act of 22 December 1989 and the Royal Decree of 21 April 1997, are amended as follows:
1° (d) of the 3° is repealed;
2° the paragraph is supplemented by the following paragraph:
"When both parents, who do not cohabit, jointly exercise parental authority within the meaning of section 374 of the Civil Code, in respect of a child who is part of the household of one of them, the child is considered to be part of a household composed of his or her parents at least, for the purposes of this paragraph. "
Art. 32
Article 63bis of the same laws, inserted by Royal Decree No. 534 of 31 March 1987, is repealed.
Art. 33
In section 64 of the same laws, as amended by Royal Decree No. 122 of 30 December 1982, Royal Decree No. 207 of 13 September 1983, Royal Decree No. 534 of 31 March 1987, Law of 22 December 1989 and Royal Decree of 21 April 1997, are amended as follows:
1° § 1^erbis is repealed;
2° in § 2, the words “subject to §§ 1^er and 1^erbis are replaced by the words “targeted in § 1^er »;
3° point A of § 2 is supplemented by the following paragraph:
"When both parents, who do not live together, jointly exercise parental authority within the meaning of section 374 of the Civil Code, in respect of a child raised in one of them, they are considered to be raising the child at home. This presumption continues to apply when the child leaves the household of one of the parents, following an institutional placement in accordance with section 70. It also applies if separation occurs after such placement, provided that parental authority remains joint. "
Art. 34
Article 71, §1^erbis, the same laws, as amended by the Act of 22 December 1989, are supplemented by the following paragraph:
"However, family benefits paid in good faith by a family allowance organization referred to in sections 18bis, 19, 31 and 33 in place of another body referred to in these sections and which is competent in accordance with paragraph 1^er, give rise to no regularization of accounts. "
Art. 35
In article 73quinquies, paragraph 1^er, 2°, of the same laws, inserted by the law of 5 January 1976 and amended by the law of 22 December 1989, the words ", 56undecies" are inserted between the words "56decies" and " and 57".
Art. 36
Section 77, paragraph 3 (a), of the same laws, as amended by the Act of 27 March 1951, is replaced by the following provision:
"(a) the days in which no work benefit was provided for six months due to illness or accident; "
Art. 37
In the Dutch text of Article 91, § 2, c), the same laws, as amended by Royal Decree No. 28 of 15 December 1978, the words "betreffende de bijdragen" are inserted between the words " verwijlintresten" and "bedoeld".
Art. 38
In section 101 of the Acts, the following amendments are made:
1st paragraph 1^er, as amended by the Royal Decree of 25 October 1960, is replaced by the following provision:
"If, within the time limit referred to in section 34, no use has been made of the faculty provided for in section 17, the approved compensation funds are fully affiliated to the National Office of Family Allowances for Employees. »;
2° to paragraph 6, as amended by the laws of 21 December 1994 and 29 April 1996, the words "articles 47, 56ssepties, 62, § 3" are replaced by the words "articles 47, 56ssepties";
3° to paragraph 7, amended by the laws of 21 December 1994 and 29 April 1996, the words "paragraph 3, 2°, 3°, 4°, 7° and 8°. are replaced by the words "paragraphs 3, 2°, 3°, 4°, 7° and 8°, 4 and 5. "
Art. 39
Article 102, § 2, of the same laws, inserted by the Royal Decree of 10 December 1996, is supplemented by the following paragraphs:
"However, the right to family allowances owned by day women and domestic workers under paragraph 1^er, is subordinate to the absence of a right to family allowances under other Belgian or foreign legal or regulatory provisions or under the rules of application to staff of a public international law institution.
The King may, on the proposal of the Management Committee of the National Office, exempt from the right to family allowances of the categories of persons referred to in paragraph 1^er. The Minister who has the Social Affairs in his or her responsibilities may, on the proposal of the Management Committee of the National Office, amend the terms and conditions of granting referred to in paragraph 1^er. "
Art. 40
Article 107 of the coordinated laws relating to family allowances for employed workers is replaced by the following provisions:
§ 1^er. It is established at the National Office for Family Allowances for Employees a "Fund of Equipment and Collective Services" that can intervene in the financing of personnel and/or operating expenses:
1° of the services responsible for the reception of children between 2.5 and 12 years outside regular school hours;
2° of the services responsible for the reception of sick children from 0 to 12 years old;
3° of services which, apart from their normal hours of opening, are responsible for accommodating children from 0 to 12 years of age with flexibility;
4° of emergency services for children aged 0 to 3 years;
5° until 31 December 1997: services referred to in Article 57bis, paragraph two, of the Law of 29 April 1996 on social provisions, inserted by Article 11 of the Royal Decree of 27 January 1997 containing measures for the promotion of employment pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the preventive protection of competitiveness.
The Fund acts only in fees for children who, under these Acts, are beneficiaries of family allowances. The King may, by order deliberately in the Council of Ministers, extend the categories of child beneficiaries for which the Fund intervenes financially, to the extent that compensatory financial resources are allocated to the Fund to cover the additional expenses incurred.
The Fund is managed by the Board's Management Committee.
§ 2. The King shall determine, after notice of the Board's Management Committee:
1° the equipment and services referred to in § 1^er the Fund may be financial;
(2) the terms and conditions under which such funding may be made;
3° the benefits to which it can be claimed to be dependent on the Fund, the terms of granting and the amount of these benefits.
§ 3. The Board's Management Committee determines in a special regulation all other terms and conditions for the operation of the Fund. This Regulation comes into force after approval by the Minister who has social affairs in his or her powers. This approval is given within 3 months, in the absence of which it is expected to have been given.
§ 4. The Fund is funded by all financial means allocated to it by or under a law. In the case where the total expenses for the services referred to in § 1^er exceed the overall financial resources, subsidies for these services are reduced proportionally.
§ 5. The operating costs of the Fund are borne by the Fund.
§ 6. Each year, before March 31, the Board's Management Committee reports to the Minister who has social affairs in his or her responsibilities for the management of this Fund. "
Art. 41
In article 120bis of the same laws, inserted by Royal Decree No. 68 of 10 November 1967, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The repetition of unduly paid benefits is prescribed by five years from the date the payment was made. In no case will the repetition of unduly paid benefits be possible after the expiry of this period. »;
2° Paragraph 3 is replaced by the following provision:
"Paragraph 1^er is not applicable if unduly paid benefits have been obtained as a result of fraudulent manoeuvres or false or knowingly incomplete statements. "
Art. 42
Article 1^er of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Act of 8 August 1980, Royal Decree No. 242 of 31 December 1983, the Act of 20 July 1991 and the Act of 29 April 1996, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"Without prejudice to the provisions of Article 10, family benefits are granted, under the conditions set by or under this Act, in favour of the child who is solely or principally at the expense of a natural person who resides in Belgium. The King determines which children are considered to be primarily dependent. »;
2° Paragraph 5 is supplemented by the following provision:
"4° the special allowance referred to in Article 10; "
Art. 43
In the same law, an article 6bis, as follows, is inserted:
"Art. 6bis. C Family benefits due to a child who is solely or principally dependent on a refugee referred to in section 1^er, paragraph 3, 3°, for the period before the date on which the application for these benefits was introduced and beginning as soon as possible in accordance with section 7, paragraph 2, shall be paid:
1° to the State, to the maximum, of the amount of the increase provided for in Article 2 of the ministerial decree of 30 January 1995 regulating the reimbursement by the State of the costs relating to the assistance granted by the public welfare centres to an indigent who does not have Belgian nationality and who is not registered in the register of population, that the State has taken charge in accordance with Articles 5, § 1^er, 2°, and 11, § 2, of the Act of 2 April 1965 on the care of relief provided by public welfare centres for the period referred to above;
2° to the person referred to in section 69 of the co-ordinated laws relating to family allowances for employed workers, up to the balance that may be.
If the State has not intervened in accordance with paragraph 1^er1°, the amount of guaranteed family benefits is fully paid to the person referred to in paragraph 1^erTwo. "
Art. 44
Section 9 of the Act, as amended by Royal Decree No. 242 of 31 December 1983, is replaced by the following provision:
“Art. 9. C § 1^er. The recurring action of unduly paid benefits is prescribed by five years from the date the payment was made. In no case will the repetition of unduly paid benefits be possible after the expiry of this period.
In addition to the causes set out in the Civil Code, the limitation is interrupted by the claim of undue payments notified to the debtor by registered letter to the post.
Paragraph 1^er is not applicable if unduly paid benefits have been obtained as a result of fraudulent works or false or knowingly incomplete statements.
§ 2. The National Board may waive the recovery of unduly paid benefits when:
1° recovery is counter-indicated for social or technically impossible reasons;
2° the recovery is too random or too expensive compared to the amount of money to be recovered. "
Art. 45
Section 10 of the Act, as amended by Royal Decree No. 6 of 11 October 1978, is replaced by the following provision:
“Art. 10. C § 1^er. The family benefits provided for in this Act are not payable in favour of a child placed in the care of a public authority, an institution or an individual.
§ 2. By derogation from § 1^er, the Minister who has the Social Affairs in his or her responsibilities may, in cases or categories of cases of interest, grant the birth allowance for a child placed on the charge of a public authority, in an institution or in an individual, to the mother, who meets the conditions referred to in Article 1^er, even if this child, at the time of birth, is not exclusively or principally dependent on that person.
When the Minister who has the Social Affairs in his or her responsibilities uses the jurisdiction referred to in the preceding paragraph with regard to the categories of cases, he or she requests, in advance, the advice of the Management Committee of the National Office of Family Allowances for Employees.
§ 3. By derogation from § 1^er, where a child is placed in a public authority institution, a special lump sum allowance shall be granted to the person who received family allowances for that child under this Act immediately before that measure, and who continues to raise the child in part within the meaning of section 69 of the coordinated laws relating to family allowances, provided that the person who held the principal charge of the child before that measure continues to fulfill all^er and 3, with the exception of the charge, and the child continues to meet the conditions referred to in section 2. "
Art. 46
Section 8 of the Royal Decree of 25 October 1971 implementing the Act of 20 July 1971 establishing guaranteed family benefits, as amended to date, is supplemented by the following paragraph:
“§ 5. A child who benefits from family benefits under the law is also entitled to allowances referred to in sections 47, § 1^er, and 56bis, § 1^erco-ordinated laws, according to the provisions of these same coordinated laws. »
Art. 47
Staff members whose ranks, ranks, levels and numbers are fixed by the Royal Decree of 14 March 1995 establishing the organic framework of the Special Fund for Compensation for Family Allowances for Workers in the Diamond Industry are added to the staff of the National Office for Family Allowances for Employees. They retain their grade and monetary regime or receive an equivalent grade or monetary regime.
The administrative and monetary statute that governs the staff of the National Office of Family Allowances for Employees is applicable to the staff transferred.
Art. 48
Members of the Special Fund for Family Allowances for Workers in the Diamond Industry are transferred to the National Office for Family Allowances for Employees.
Art. 49
In order to guarantee the special interests of workers in the diamond industry, it is established within the National Office of Family Allowances for Employees, a Technical Committee whose composition and powers are fixed by the King.
Art. 50
Article 33, paragraph 2, of the co-ordinated laws relating to family allowances for employed workers, inserted by Royal Decree No. 65 of 10 November 1967 and amended by the laws of 30 June 1981 and 1^er August 1985, is replaced by the following paragraph:
"The National Office is also affiliated, in full right:
1° employers, hotel operators, restaurants and drinks;
2° employers, shipowners;
3° the employers of the diamond industry;
4° only in favour of the workers mentioned below:
(a) employers of home workers;
(b) employers of travellers and trade representatives who are employed by several employers. "
Art. 51
Article 31, paragraph 6, of the same laws and the Royal Decree of November 22, 1932 establishing and organizing a special family allowance fund for workers in the diamond industry, as amended by the Royal Decree of December 27, 1937, the Order of the Secretaries General of May 23, 1941, the Order of the Régent of January 30, 1946 and the Royal Decrees of July 4, 1952, June 16, 1961 and December 23, 1969.
Art. 52
For the year 1996, an amount of CHF 600 million is transferred from the reserve fund of the National Office of Family Allowances for Employees, referred to in section 106 of the coordinated laws relating to family allowances for employee workers, to the Fund of Equipment and Collective Services referred to in section 107 of the Acts.
Art. 53
This chapter comes into force on 1^er the second quarter following the day in which this Act was published in the Belgian Monitor, except:
1° of Article 21 which produces its effects on 11 August 1991;
2° of Article 25, 2°, 3° and 4°, which produces its effects on 9 January 1990;
3° of articles 25, 5°, and 26 which produce their effects on 1^er July 1987;
4° of articles 27, 35 and 38, 2° and 3°, which produce their effects on 30 April 1996;
5° of Article 28 which comes into force on 1^er the day of the month following the publication of this Act to the Belgian Monitor;
6° of articles 31 and 33 that produce their effects on 1^er October 1997.
The provisions of Article 60, § 3, paragraph 2, and Article 64, § 2, A, last paragraph, of the same laws, as entered by Articles 31 and 33, as well as those of Article 69, § 1^er, paragraph 3, of the same laws, as entered by the Royal Decree of 21 April 1997, are applicable to separations from 1^er October 1997.
For separations before 1^er October 1997, these provisions apply:
(a) 1^er October 1997, when the right to family allowances is established only after that date;
(b) in any changes to the parental authority or family situation regime that result in a change in priority attribute or a change in allotments;
(c) at the request of one of the parents, with effect from the first day of the month following the application;
7° of Article 40 which produces its effects on 1^er January 1997;
8° of Article 43 which comes into force on the date fixed by the King;
9° of articles 47 to 51 which come into force on 1^er January 1998.
CHAPTER IV
Social security
Art. 54
In Article 38 of the Law of 29 June 1981 establishing the general principles of social security of wage workers, last amended by the Royal Decree of 20 December 1996, a § 3quinquies read as follows:
Ҥ3quinquies. From 1^er January 1999, an employer's dependant contribution of 0.05% is established based on the worker's remuneration, referred to in section 23.
The contribution is paid by the employer to the organization responsible for the collection of social security premiums, on time and under the same conditions as the social security premiums for employees.
This contribution is intended for the Collective Equipment and Services Fund, established with the National Office of Family Allowances for Employees under Article 107, § 1^erlaws relating to family allowances for employed workers, coordinated on 19 December 1939.
This contribution is equivalent to a social security contribution, including with respect to the fair declarations of contributions, the payment deadlines, the application of civil sanctions and criminal provisions, the supervision, the designation of the competent judge in the event of a dispute, the limitation in judicial proceedings, the privilege and disclosure of the amount of the debt of the institutions responsible for the collection and collection of contributions. "
Art. 55
A new section 57ter is included in the Act of 29 April 1996 on social provisions amended by the Royal Decree of 27 January 1997 as follows:
"Art. 57ter. C An amount of 650 million francs is transferred from the reserve fund of the National Office of Family Allowances for Employees referred to in section 106 of the coordinated laws relating to family allowances for employees, to the Fund of Collective Services and Equipment referred to in section 107 of the same coordinated laws.
At the time of the closing of the 1997 accounts, the portion of that amount exceeding the actual expenditures for 1997 related to the missions referred to in Article 57bis, paragraph 2, will be relocated to the reserve fund in accordance with the terms to be determined by the Minister. "
Art. 56
In Article 3 of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant navy, last amended by the Royal Decree of 18 April 1997, a § 3quater is inserted as follows:
§ 3quater. From 1^er January 1999, a contribution of 0.05% shall be made by the shipowner, calculated on the basis of the remuneration of the sailor referred to in Article 3, § 1^er.
This contribution is intended for the Collective Equipment and Services Fund, established with the National Office of Family Allowances for Employees under Article 107, § 1^erlaws relating to family allowances for employed workers, coordinated on 19 December 1939.
The contribution is paid by the shipowner to the Emergency and Provident Fund, on time and under the same conditions as the social security contributions to the sailors.
This contribution is considered to be a social security contribution, including with respect to declarations with evidence of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, limitation in judicial proceedings, privilege and disclosure of the amount of the claim of the Relief and Security Fund to the sailors. "
Art. 57
In Article 2, of the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers, last amended by the law of 26 June 1992, a § 3quater is inserted, as follows:
§ 3quater. From 1^er January 1999, an employer's dependant contribution of 0.05% is established based on the remuneration of the worker referred to in § 1^er.
This contribution is intended for the Collective Equipment and Services Fund, established with the National Office of Family Allowances for Employees under Article 107, § 1^erlaws relating to family allowances for employed workers, coordinated on 19 December 1939.
The contribution is paid by the employer to the agency responsible for the collection of contributions from the minor workers, within the time and under the same conditions as the social security contributions for the minor workers.
This contribution is considered to be a social security contribution, including with respect to declarations with evidence of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, limitation in judicial proceedings, privilege and disclosure of the amount of the debt of the institution charged with the collection and collection of contributions of the minor workers. "
Art. 58
Article 14 of the Royal Decree of 27 January 1997 containing measures for the promotion of employment pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness is replaced by the following provision:
"In 1997, an amount of CHF 500 million is collected from the proceeds of the employer's contribution to the promotion of childcare initiatives, as provided for in section 23 of the Act of April 3, 1995 on measures to promote employment and on the paid leave-education plan, referred to in section 6 of Chapter IV of the Recovery Act of January 22, 1985.
In 1998, an identical amount of 500 million francs will be taken from the reserve fund of the National Office of Family Allowances for Employees referred to in section 106 of the coordinated laws relating to the family allowances of employed workers and assigned to the paid leave plan referred to in section 6 of Chapter IV of the Recovery Act of January 22, 1985.
The terms and conditions of these payments are determined by the King. "
Art. 59
Article 27 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of employed workers is supplemented by the following paragraph:
"The King may, by royal decree deliberated in the Council of Ministers, grant to the categories of employers that he determines, a financial intervention in the fees of affiliation to a registered social secretariat, of which He sets the amount, conditions and terms and conditions of granting. "
Art. 60
Section 131 of the Act of 29 April 1996 on social provisions is replaced by the following provision:
"Art. 131. C In the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, an article 6bis, as follows, is inserted:
"Art. 6bis. C § 1^er. The National Social Security Office is responsible for the collection and collection of contributions established in accordance with the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers.
§ 2. For the execution of this mission, an administrative unit, comprising staff of the National Retirement Fund for Minor Workers, is formed.
This cell has an organic and linguistic framework distinct from that of the Agency.
§ 3. On the proposal of the Minister who has social affairs in his office, the King may, by royal decree deliberated in the Council of Ministers, dissolve this cell and integrate the jobs provided in its special framework into the organic framework of the National Social Security Office. " "
Art. 61
Section 134 of the Act is replaced by the following provision:
"Art. 134. C In Article 2 of the Law of 29 June 1981 establishing the general principles of social security of wage workers, a § 3bis, as follows is inserted:
§ 3bis. Without prejudice to § 3, the National Retirement Fund for Minor Workers referred to in Article 3, § 1^erof the Decree-Law of 10 January 1945 concerning the social security of the minor and assimilated workers is abolished.
Its services and staff are absorbed by the National Social Security Office and the National Disability Insurance Institute, which will continue to provide the missions completed, until that date, by the National Social Security Fund with respect to the collection and recovery of the contributions established in accordance with the Decree-Law of 10 January 1945 concerning the social security of the minor and assimilated workers and the application of the provisions relating to the invalidity pension provided for by the aforementioned decree.
Liabilities and assets, rights and obligations of the National Retirement Fund for Minor Workers are taken over by the National Institute of Disability Insurance.
The King shall, by deliberate order in the Council of Ministers, establish the conditions and the date of transfer of services and personnel referred to in paragraph 2 of this Article. " "
Art. 62
Section 135 of the Act is replaced by the following provision:
"Art. 135. C In the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, an article 78bis, as follows, is inserted:
"Art. 78bis. C § 1^er. The compensation service is responsible for the application of the disability pension provisions provided for in the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers.
§ 2. It is created a Management Committee called the "Management Committee for Minor Workers".
This committee is made up of equal numbers of representatives of the representative organizations of all employees and employers.
The King determines the number of actual and alternate mandates and appoints the members of the committee. He calls the president. It determines the operating rules of the Administrative Committee.
Two Government Commissioners, appointed by the King on the presentation of the Minister who has the Social Affairs in his office and the Minister who has the Finance in his office, attend the meetings of the committee with an advisory vote.
The Governor General referred to in § 4 is appointed by the King and is placed under the authority of this Administrative Committee.
§ 3. For the execution of the mission referred to in § 1^eran administrative unit comprising staff of the central administration of the National Retirement Fund for Minor Workers and Provident Funds is established.
This cell has an organic framework and linguistic frameworks distinct from that of other Institute services.
§ 4. It is created a General Administrator job to provide direction to the cell referred to in § 3. " "
Art. 63
Article 1^er of the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers are made the following amendments:
1° in paragraph 1^er the words "The National Retirement Fund for Minor Workers" are replaced by the words "The National Social Security Office";
2° in paragraph 1^er, 2°, amended by the Act of 28 April 1958, the words "as organized by the statutes of the National Fund" are deleted;
3rd paragraph 1^er, 6°, is replaced by the following provision:
« 6° Cover the payment of holiday petcules of minor and assimilated workers. "
Art. 64
In article 2bis of the same Decree-Law, inserted by the law of 2 January 1960, the words "the National Retirement Fund for Minor Workers" are replaced by the words "the National Social Security Office".
Art. 65
In Article 5 of the same Decree-Law, the words "of the National Retirement Fund for Minor Workers" are replaced by the words "of the National Social Security Office".
Art. 66
In Article 9 of the same Decree-Law, the words "The National Retirement Fund for Minor Workers" are replaced by the words "The National Pension Board".
Art. 67
Are repealed in the same order:
1° Article 3, amended by the law of 10 October 1967, by Royal Decree No. 50 of 24 October 1967 and by the law of 6 August 1993;
2° Article 4, amended by the Act of 28 April 1958;
3° Article 7.
Art. 68
Article 1^er, paragraph 2, of the Royal Decree of 18 June 1976 pursuant to section 46 of the Act of 30 March 1976 on measures of economic recovery, replaced by Royal Decree No. 466 of 1^er October 1986, is replaced by the following paragraph:
"This Order is also applicable to the holders of liberal professions as well as to the societies that are founded in the exercise of these professions. "
Art. 69
Section 8, paragraph 2, of the Act of 3 April 1995 on measures to promote employment is supplemented as follows:
"6° the provisions of Royal Decree No. 230 of 21 December 1983 concerning the internship and the vocational insertion of young people. "
Art. 70
Article 69, produces its effects of 1^er January 1995 to 31 December 1996.
Art. 71
Section 107, 2°, of the Act of 30 March 1994 on social provisions, as amended by the Act of 10 April 1995, is replaced by the following provision:
2° "Revenues of the household": all of the taxable net income determined in accordance with sections 7 to 116, 129 and 228 to 242 of the Income Tax Code 1992, not including income taxed separately in accordance with article 171 of the said Code, under deduction of the amount of pensions, rents and allowances in lieu of, referred to in sections 34 and 228, § 2, 6°, of that Code, of the professional income referred to^er, 4°, of this Code perceived in Germany, France and the Netherlands to which articles 15, § 3, 1°, and 21, 11, § 2, c, and 18, and 15, § 3, 1°, and 22, of the preventive conventions of double taxation concluded with these countries and which are subject in these countries to social legislation similar to that referred to in Article 106, § 1^er.
Art. 72
§ 1^er. Section 71 produces its effects from the 1995 taxation year.
§ 2. Without prejudice to the provisions of section 371 of the same Code, the deduction of taxation relating to the 1995 and 1996 taxation years that have been established in contradiction with section 69 is granted as a result of a claim filed within the six-month period from the date of publication of this Act to the Director of Direct Contributions of the Province or Region in which the taxation has been established.
Art. 73
Article 3, § 1^er, paragraph 3, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, replaced by the Royal Decree of 18 April 1997, is supplemented as follows:
", under this Act or other legal or regulatory provisions. "
Art. 74
Article 73 produces its effects on 1^er January 1997 and will cease to be in force on December 31, 1998.
CHAPTER V
Health care insurance and benefits
Section I
Probative force
Art. 75
§ 1^er. In the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, an article 9bis is inserted, as follows:
"Art. 9bis. C The King may determine the conditions to which probative force, until proof of the contrary, may be granted to the data required under this Coordinated Act and its Implementing Orders and retained, processed or communicated by caregivers, insurers, the National Intermutualist College or the Institute according to photographic, optical, electronic, magnetic or any other material, as well as to the reproduction of such data on paper or other material
The preceding paragraph shall also apply to data retained or transmitted by other persons other than the natural or legal persons referred to in that paragraph, pursuant to this coordinated law and its enforcement orders.
The King shall determine the conditions referred to in paragraph 1^er, after the advice of the Administrative Oversight Committee, the Medical Control Service Committee and the Monitoring Committee of the Social Security Bank. In addition, the advice of the Insurance Committee or the Compensation Services Management Committee is required where these conditions apply to data relating to health care insurance or compensation insurance and maternity insurance respectively. "
§ 2. Section 53, paragraph 9, of the same coordinated law, as amended by the Act of 20 December 1995, is repealed.
Section II
Health care insurance
A. Health benefits and their intervention
Art. 76
Section 34 of the Act, as amended by the Acts of 21 December 1994 and 20 December 1995, is supplemented by the following paragraph:
"Health care insurance does not intervene in principle in the benefits performed for an aesthetic purpose and in the benefits performed as part of scientific research or clinical trials, except under the conditions set by the King, after the advice of the Insurance Committee. "
Art. 77
Article 35, § 1^er, paragraph 2, fourth sentence, of the same coordinated law, as amended by the Act of 20 December 1995, is replaced by the following:
"These admission criteria for benefits under section 34, paragraph 1^er, 5°, concern prices, volume estimates, cost of treatment by pharmaceutical supplies, whether patented or not of the main active principle, medical, epidemiological, therapeutic and social elements. With respect to benefits under section 34, paragraph 1^er, 4°, as long as it is implants, and 20°, these admission criteria concern prices, the cost for insurance and medical, therapeutic and social elements. "
Art. 78
Article 48, § 2, paragraph 2, of the same coordinated law is repealed.
Art. 79
Article 49, § 3bis, of the same coordinated law, inserted by the law of 20 December 1995, is supplemented by the following paragraph:
"In no case shall the reduction in the intervention of compulsory health care insurance under section 37, § 12, resulting from this termination, be recovered by the caregivers concerned. "
Art. 80
In section 64, paragraphs 1^er and 2 of the same coordinated law, the words "medical services or medical-technical services" are replaced by the words "medical services, medical-technical services, sections or functions".
B. Funding for multidisciplinary palliative care support teams
Art. 81
In section 22, of the same coordinated law, as amended by the Act of 20 December 1995 and by the Royal Decrees of 13 April 1997 and 25 April 1997, is inserted a 6°ter, as follows:
"6°ter. concludes on the proposal of the College of Physicians and Directors, the conventions referred to in Article 23, § 3bis with the multidisciplinary accompanying teams referred to in Article 34, 21°. "
Art. 82
In Article 23 of the same coordinated law, amended by the laws of 20 December 1995 and 29 April 1996 and by the Royal Decree of 25 April 1997, a § 3bis is inserted, as follows:
§ 3bis. The College of Physicians and Directors, together with the multidisciplinary support teams for palliative care, referred to in article 34, 21°, establishes draft conventions to be concluded with them and submits them to the Insurance Committee for this purpose. The drafts of these conventions are also communicated to the Budget Monitoring Commission.
The King shall determine, on the joint proposal of the Ministers who have the Social Affairs and Public Health respectively in their responsibilities and on the proposal or after the advice of the College of Physicians and Directors, the minimum criteria to which these conventions must meet. "
Art. 83
Section 34 of the same coordinated law, as amended by the laws of 21 December 1994 and 20 December 1995, is supplemented by a 21°, as follows:
"21° palliative care provided by a multidisciplinary support team. "
Art. 84
Section 37 of the same coordinated law, as amended by the Act of 20 December 1995 and the Royal Decrees of 12 December 1996, 21 February 1997 and 16 April 1997, are amended as follows:
1° § 11 is supplemented by the following paragraph:
"This intervention can be reduced, under the conditions established by the King, by order deliberately in the Council of Ministers. "
2° A § 14quater is inserted, as follows:
§ 14quater. For benefits referred to in section 34, 21°, the intervention of health care insurance is set at 100% of the fees and prices determined by the conventions referred to in section 22, 6°ter. "
3° A § 16ter is inserted, as follows:
§ 16ter. The King may, by order deliberately in the Council of Ministers, in the conditions it determines, completely or partially remove the personal intervention relating to health benefits granted to beneficiaries who require palliative care. " "
C. Conventions with nursing practitioners and home nursing services
Art. 85
In section 42, paragraph 1^erfrom the same coordinated law, as amended by the Act of 20 December 1995, the words "and home nursing services" are inserted between the words "infirmary art" and the words "kinetherapists".
Art. 86
The title III, chapter V, section I, B, of the same coordinated law, as amended by the Act of 20 December 1995, is replaced by the following title:
"B. Agreements with birth attendants, nursing practitioners and home nursing services, physiotherapists, logopeds and suppliers of prostheses, devices and implants. "
Art. 87
In section 43 of the same coordinated law, paragraphs 1^eramended by the Act of 20 December 1995, and 2, are replaced by the following paragraphs:
"When at the national level, no agreements exist with birth attendants, nursing practitioners and home nursing services, physiotherapists, logopeds and suppliers of prostheses, appliances and implants, because the agreement has not been established, has not been approved or has become directly obsessed, all professional organizations and organizations that are interested in providing services and
These conventions are concluded within regional commissions, consisting of an equal number of representatives, on the one hand, insurance organizations and, on the other, representative organizations of the professions or services concerned in the proposed region. The King may determine what to hear by "region" for the purposes of the provisions of this article. "
Art. 88
In Article 44, § 1^erParagraph 1^erfrom the same coordinated law, as amended by the Act of 20 December 1995, the words "and home nursing services" are inserted between the words "infirmary art" and the words "kinetherapists".
Art. 89
In Article 211, § 2, of the same coordinated law, as amended by the Act of 29 April 1996, the words "or institutions" are replaced by the words "or institutions, services or institutions".
Art. 90
In section 212 of the same coordinated law, the words "or establishments" are replaced by the words "or establishments, services or institutions".
D. The social status of doctors, dentistry and pharmacists
Art. 91
In Article 54, § 1^er, paragraph 3, of the same coordinated law, as amended by the Act of 20 December 1995, the penultimate sentence is replaced by the following text:
"This obligation is not applicable to pharmacists. However, their representative organizations can also create a pension fund approved by the King under the same conditions. "
Art. 92
In Article 54, § 1^erin the same coordinated law, the following paragraph is inserted between paragraphs 4 and 5:
"When a health care provider affects the Institute's participation in the creation of a pension or death insurance that provides the right to redeem its insurance contract or to obtain an advance, these rights may not relate to the capitalized sum through the aforementioned participation. Nor can this amount be used as a security right. "
Art. 93
Article 54, § 1^er, paragraph 5, of the same coordinated law, as amended by the Act of 20 December 1995, is replaced by the following paragraph:
"The contributions made under a pension and death insurance contract with a pension fund approved by the King under paragraph 3 have, for the purposes of the Income Tax Code 1992, the character of contributions due under social legislation, without being able to exceed 115 % of the absolute maximum amount of the contribution established pursuant to Article 52bis, § 2, of the Royal Retirement Order 1967 "
E. Clinical biology
Art. 94
In section 61 of the Act, the following amendments are made:
1° In § 3, paragraph 3, the words: "The value of X is fixed for each separate exercise" are replaced by the words: "The King sets the value of X for each separate exercise."
2° In the same § 3, the last paragraph is deleted.
3° In § 5, the last paragraph is deleted.
4° In § 12, third paragraph, the words: "The value of X is fixed for each separate exercise" are replaced by the words: "The King fixes the value of X for each separate exercise."
5° In the same § 12, the penultimate paragraph is deleted.
6° In § 14, the penultimate paragraph is deleted.
F. Obligations of applicants in the event of a rejection of the application for the removal of pharmaceutical specialties from the list of specialties admitted to the refund or the application to amend the undertaking entered in the above-mentioned application
Art. 95
In article 72bis of the same law, inserted by the law of 20 December 1995, whose current text will form § 1^er, it is added a § 2 as follows:
Ҥ2. The Minister may, jointly with the Minister of Economy, on the basis of pharmacotherapeutic and social criteria, and within 45 days from the receipt of the request for the deletion of a pharmaceutical specialty from the list of specialties admitted to the refund or the application for the modification of the undertaking subscribed during the application for admission, oblige the author of this request to continue, for a year, the issue of pharmacists After 45 days, the application is expected to be accepted. The King sets out the procedure to be followed by the author of the application and by the above-mentioned Ministers and the manner in which the Technical Council of Pharmaceutical Specialties referred to in Article 27 intervenes in this procedure.
Upon expiry of the one-year period, the applicant may reintroduce an application as provided for in the preceding paragraph.
Applicants who do not comply with their obligations under paragraph 1^er administrative fines shall be determined by the King in accordance with the procedure of article 168.
When, within the three-year period from the date on which an administrative fine was imposed, the offender commits an offence of the same nature as that which resulted in the application of an administrative fine, the amount of the fine previously imposed is doubled. In the event of an offence contest, fines are accumulated. "
G. Advertising
Art. 96
Article 127, § 1^er(b) the same coordinated law shall be replaced by the following provision:
"(b) any person authorized to provide benefits under section 34, paragraph 1^er, 1°, b), c), 4° and 7°bis, listed in section 22, 7°; "
H. Pricing offices
Art. 97
In section 165 of the same coordinated law, as amended by the Act of 20 December 1995, paragraph 3 is replaced by the following provisions:
"These offices are allowed to claim pharmacists, under the conditions to be fixed by the King, an intervention in their fees.
Pharmacists and doctors for whom the intervention is granted, as referred to in paragraph 1^er, necessarily adhere to the pricing office of their choice.
The King may set rules relating to:
1° this accession, among other things concerning the denunciation of membership by the pricing office and the withdrawal of membership by the applicant;
2° the outsourcing of the pricing. "
I. Additional fees
Art. 98
In section 90 of the Hospitals Act, coordinated on 7 August 1987, the last sentence is amended as follows:
"The King sets the maximum of the amounts that can be taken into account for the stay in the room, respectively, to one or two beds, after a parity consultation of health insurance organizations and organizations representing hospital managers. "
Art. 99
Section 50bis, as follows, is included in the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994:
"Art. 50bis. C § 1^er. Whether or not the physician adheres to an agreement referred to in section 50, the rates used as the basis for calculating the intervention of the insurance are the maximum fees that may be claimed, if the care is provided:
(a) in an organized custody service;
(b) in the context of an admission to an intensive care service;
(c) patients admitted to a common room or two-bedded room, having applied for admission to a common room or two-bed room or admitted to a special room for medical reasons;
(d) Children hospitalized with an accompanying parent.
§ 2. The King may, by order deliberately in the Council of Ministers, fix the maximum fees and maximum surcharges of fees that may be claimed by the physicians engaged or not if care is provided to patients who are admitted to a particular room at their express request and without their treatment.
It also determines the information that the doctor or hospital manager must provide to patients and the manner in which such information may be given. "
Art. 100
Section 99 comes into force on 1^er December 1998.
Art. 101
Section 138 of the Hospitals Act, coordinated on August 7, 1987, is replaced by the following provision:
"Art. 138. C The King may, in accordance with the terms it sets, extend the provisions of section 50bis of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, to patients who do not fall within the scope of this Act. "
J. Status of hospital doctors
Art. 102
An article 128bis is included in the Hospitals Act, coordinated on 7 August 1987, which reads as follows:
"Art. 128bis. C The King may, according to rules determined by him, set the financial or statistical data that must be communicated by the manager to the Medical Council of a hospital. "
K. Chronic diseases
Art. 103
Section 34, 14° of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, repealed by the Act of 20 December 1995 is reinstated in the following reading:
"14° care materials and products for home care of recipients with a severe condition. "
Art. 104
Article 35, § 1^er, the same Act, as amended by the Act of 20 December 1995, is supplemented by the following paragraph:
"The King determines the benefits referred to in Article 34, 14°. "
Art. 105
In section 37 of the Act, the following amendments are made:
A) § 16bis inserted by the law of 20 December 1995 is replaced by the following provision:
§ 16bis. The King may, by order deliberately in the Council of Ministers, under the conditions that He determines:
1° completely or partially eliminate personal intervention on health benefits granted to beneficiaries with chronic disease;
2° to establish a lump sum allowance to which He sets the amount for the above-mentioned beneficiaries as an additional intervention in their health care expenses.
The King shall determine, by order deliberately in the Council of Ministers, the beneficiaries who, for the purposes of paragraph 1^er, must be considered to be beneficiaries with chronic disease, which must meet one or more of the following conditions:
B be suffering from a disease that is on a list established by Him;
B is to attain a degree of dependency of care to be determined by Him;
B is to have paid for a period to be fixed by Him personal interventions whose amount exceeds the ceiling fixed by Him.
After the advice of the competent Technical Council, the King may determine the health benefits to which the provision of paragraph 1 applies.^er1°. The advice of the Technical Council is expected to have been given if it was not formulated within two months after it was invited to formulate it. "
B) The article is supplemented by the following provision:
“§ 20. The King shall determine, after the advice of the Insurance Committee, the intervention of health care insurance for the benefits referred to in section 34, 14°, and the terms and conditions of reimbursement. It may determine that this intervention is granted in the form of a lump sum or maximum amount for a period determined by it. "
Section III
Insurance benefits
Art. 106
Article 82, paragraph 1^er, the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is supplemented by the following provision:
"4° sets out general medical guidelines and criteria, on the proposal of the Medical Technical Council referred to in section 85. "
Art. 107
Section 85 of the Act is replaced by the following provisions:
"Art. 85. C A Medical Technical Council shall be established with the Compensation Service, which shall:
1° at the request of the Compensation Services Management Committee, the Disability Medical Council or its own initiative, to provide advice on medical issues relating to the determination of incapacity for work;
2° to propose general medical guidelines and criteria to better resolve evaluation problems with regard to incapacity for work; these guidelines and criteria are then set by the Medical Disability Council;
3° using statistical data on incapacity for work, conducting investigations relating to the operation of compensation insurance and issuing opinions on problems that arise in this area.
The composition and operating procedures of this Council are set by the King, who also appoints the President and the members. "
Art. 108
Section 90 of the Act is supplemented by the following paragraph:
"The physician-advisor of the insurer also decides on the application of sections 101, paragraph 1, and 102, paragraph 1, in primary disability. "
Art. 109
Section 94 of the Act is supplemented by the following paragraph:
"The Medical Council of Disability also decides, in accordance with the provisions of section 82, on the application of articles 101, paragraph 1, and 102, paragraph 1, in periods of disability. "
Art. 110
Section 93 of the Act, as amended by the Act of 4 August 1996, is supplemented by the following paragraph:
"The King may, for the categories of invalids that He defines under the conditions that He determines, grant a lump sum allowance for third parties. "
Art. 111
An article 104bis, as follows, is inserted in the same law:
"Art. 104bis. C The King shall determine the conditions under which the holder may waive the allowances granted to him. "
Section IV
From the organization of the INAMI
Art. 112
In section 12 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, the following amendments are made:
1° point 3° is supplemented by the following provision:
"Disciplinary sanctions to be imposed on level 1 officials are, however, imposed by the Minister, except as set out in sections 155 and 161 with respect to inspectors, pharmacists and inspectors. »;
2° a point 3°bis is inserted, which reads as follows:
"3°bis. means competent supervisors to formulate interim proposals for disciplinary sanctions. "
Art. 113
In section 155, paragraph 10, of the same law coordinated the words "or general interest" are deleted.
Art. 114
In section 161 of the same coordinated law, the following amendments are made:
1st paragraph 1^er becomes § 1^er;
2° paragraphs 2 and 3 become § 2;
3° § 1^er is supplemented by a 12° and 13°, as follows:
"12° may apply to inspectors and deputy inspectors, subject to various grades, the disciplinary sanctions provided for in the statute of the agents of the State except for the demotion and revocation pronounced by the King, on the proposal of the Committee;
13° proposes to the Minister, whenever the interest of the service so requires, the suspension of inspectors and assistant inspectors within the limits, conditions and terms set out in the statutory provisions governing the suspension in the interest of the service. »;
4° in paragraph 1^er § 2, the words "of paragraph 1^er, 1° and 10° are replaced by the words "of § 1^er1°, 10°, 12° and 13°";
5° § 2 is supplemented by the following paragraph:
"The inspector or deputy inspector must be heard beforehand and may be assisted by a person of his or her choice before the Committee when the latter exercises the powers referred to in § 1^er12° and 13°. "
Art. 115
In section 185, § 2, of the same coordinated law, the following amendments are made:
1° in paragraph 1^er, the words ", on the proposal of the Committees of these Services", are deleted;
2° paragraph 2, 2°, is replaced by the following provision:
"(2) the deputy inspectors and inspectors referred to in section 162 shall be appointed by the King, on proposal or after notice of the Administrative Oversight Services Committee. Representatives of the insurers referred to in section 160 shall serve in this matter with an advisory vote. The aforementioned inspectors and deputy inspectors are dismissed and dismissed by the King. "
Art. 116
Article 213, § 2, of the same coordinated law, is replaced by the following paragraph:
Ҥ2. Unless otherwise provided in this Coordinated Act, sections 9 to 12 of the Act of 25 April 1963 on the management of public social security and social welfare institutions are applicable to the person responsible for day management and his deputy. Section 9 of the Act also applies to senior officials.
The King shall determine, after the advice of the National Labour Council, the provisions of the Act of 25 April 1963 referred to above, which are applicable to the councils, committees, commissions and colleges provided for in this coordinated Act. "
Art. 117
In Article 215, § 1^er, of the same law, the words "34, 1°, c, 4°" are replaced by the words "34, 1°, c, 4° and 7°bis".
Section V
Abolition of the National Retirement Fund for Minor Workers
Art. 118
Section 2 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, is amended as follows:
1° littera f) is replaced by the following provision:
"(f) by "Special Services", the Health Care, Compensation, Medical Control and Administrative Control Services and the Administrative Cell referred to in section 78bis, § 3, of this Act; »;
2° the article is supplemented by a r) written as follows:
"(r) by "Director General", the Director General of the Institute in the absence of an indication to the contrary. "
Art. 119
Paragraph 7 of section 12 of the same coordinated law, replaced by section 143 of this Act, is amended as follows:
1° the words " referred to in Article 191, paragraph 1^er, 1°, 1°bis, 6° to 9° and 12° to 20° and 23°" are replaced by the words "as defined in article 191, paragraph 1^er, 1°, 1°bis a), 6° to 9° and 12° to 21° and 23°";
2° after the words "to the compensation sector" are added the words "and to the disability pension sector provided for in the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers".
Art. 120
In the same coordinated law, an article 80bis is inserted, as follows:
“The Management Committee for Minor Workers:
1° is competent for the application of the provisions on disability pensions provided for by the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers;
2° Stop the accounts and establish the budget for the disability pension of the minor workers;
3° prepares an annual report;
4° decides on legal proceedings to be brought within the framework of its jurisdiction.
In the event of an emergency, the officer of the administrative cell may decide to initiate proceedings. This action is subject to approval by the Management Committee referred to in section 78bis at its next sitting. If this approval is denied, there will be a discontinuation of the action brought;
5° establishes its rules of order and submits it for approval to the King;
6° proposes to the General Committee the budget for administrative costs of the administrative unit. "
Art. 121
Article 177, paragraph 1^erthe same coordinated law shall be replaced by the following provision:
"Art. 177. C Apart from the one assigned to the administrative cell referred to in article 78bis, § 3, the staff of the Institute is headed by the Administrator General, assisted by the Deputy Director General. "
Art. 122
In section 181 of the same coordinated law, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The Administrator General, assisted by the Deputy Director General, shall exercise the powers of day-to-day management assigned to it by the General Committee and by the special services management bodies in their rules of procedure. "
2° paragraph 3 is supplemented by the words "special services";
3° in paragraph 7, the words "special services" are inserted between the words "management bodies" and the word "may";
4° the article is supplemented by the following provision:
"For the purposes of this section, Special Services does not include the administrative cell referred to in Article 78bis, § 3. "
Art. 123
In the same coordinated law, an article 181bis is inserted, which reads as follows:
"Art. 181bis. C The Administrator General of the Administrative Cell referred to in Article 78 bis, § 3, shall exercise the powers of daily management assigned to it by the General Management Committee and the Management Committee for Minor Workers.
The Administrator General of the Administrative Cell attends the sessions of the General Management Committee and the Management Committee for Minor Workers. He is responsible for the execution of the decisions of the General Committee, as they relate to the administrative unit, and the Management Committee for Minor Workers.
It serves as the secretariat of the Management Committee for Minor Workers.
The Administrator General of the Administrative Cell shall refer the courts in accordance with the decisions taken under Article 80 bis, 4°. He takes no personal obligation and is solely responsible for the execution of his mission.
In the event that the Administrator General of the Administrative Cell is prevented, his or her powers are exercised by an official of the administrative cell designated by the General Committee on the proposal of the Management Committee for Minor Workers.
In order to facilitate the shipment of cases, the General Management Committee and the Minor Worker Management Committee may, under the conditions they determine, authorize the Administrator General of the Administrative Cell to delegate part of its powers to officials referred to in Article 78bis, § 3. "
Art. 124
Section 186 of the same coordinated law is supplemented by the following paragraph:
"In the event of transfers to the Institute leading to the establishment of separate organic and linguistic frameworks, the King may, however, establish a transitional barrier between them to transfer, change of rank and promotion for the duration it sets. "
Art. 125
Section 191, 1°bis, (b), of the same coordinated law is repealed.
Section VI
National mutualities and unions
Art. 126
Section 11 of the Act of 6 August 1990 on mutuality and national mutuality unions, as amended by the Act of 20 July 1991, is replaced by the following provision:
“Art. 11. C § 1^er. The statutes, the list of directors, as well as the amendments to these statutes and to this list are forwarded to the Supervisory Board.
The form of the documents referred to in the preceding paragraph, together with the information to be transmitted in support of an application for approval of statutes or their amendments, shall be fixed and prescribed by the Supervisory Board under penalty of inadmissibility.
The Supervisory Board shall decide on the statutes and their amendments within a maximum period of thirty calendar days from the date on which such statutes or amendments were transmitted to it. Except in the case of inadmissibility, this period may be extended by forty-five calendar days on the initiative of the Supervisory Board. The latter gives knowledge of the mutuality or national union. Upon expiry of this period, approval is considered to be granted.
The appeal made by the Commissioner of the Government to the Minister of Social Affairs against the decision of the Supervisory Board pursuant to section 10 of the Act of 16 March 1954 relating to the control of certain public bodies suspends the period referred to in the preceding paragraph.
§ 2. The statutory provisions and their amendments are approved by the Board only when they are not contrary to the legal and regulatory provisions and when they do not endanger the financial balance of the mutuality or national union or the services concerned.
§ 3. The decision to refuse the Supervisory Board must be substantiated and notified to the mutuality or national union concerned within 30 calendar days after the deceit. If the Commissioner of Government has appealed to the Minister of Social Affairs, as provided in § 1^er, paragraph 4, the reasoned decision shall be notified to the mutuality or national union within thirty calendar days from the date of appeal. If there is no notification at the expiry of this period, approval of the relevant statutory provisions is considered to be granted. "
Art. 127
Section 12 of the Act of 6 August 1990 on mutuality and national mutuality unions amended by the Act of 26 June 1992 is replaced by the following provision:
“Art. 12. C § 1^er. The mutualities and national unions shall enjoy the legal personality as of the date of publication to the Belgian Monitor of the decision of the Minister or the Supervisory Board approving their statutes. This publication, to which the list of directors is attached, is made at the initiative of the Supervisory Board within thirty calendar days from the date of approval of the statutes.
The decision to approve the amendments to the statutes is published in the same manner.
However, with respect to the changes to the list of directors, the publication to the Belgian Monitor is made at the initiative of mutuality or national union.
In the case of approval following the expiry of the time limits referred to in section 11, the publication of the decision referred to in paragraph 1^er, is replaced by the publication to the Belgian Monitor of a notice under which approval is considered granted following the expiry of the deadlines. This publication, carried out on the initiative of the Supervisory Board, intervenes within thirty calendar days of the expiry of these deadlines.
§ 2. Any person may, free of charge, be aware of and obtain a copy of the status and list of directors at the head office or the Supervisory Board. "
Art. 128
In Article 44, § 2, paragraph 1^erthe words "by the Minister" are replaced by the words "by the Office of Control".
Art. 129
Article 14, § 1^erParagraph 1^er, the Act is replaced by the following paragraph:
"The general assembly of a mutuality is composed of representatives elected in its midst for a period of six years by members and persons with their major or emancipated charge who reside in Belgium. "
Art. 130
An article 43bis, as follows, is inserted in the same law:
"Art. 43bis. C § 1^er. The mutualities that form part of the same national union may organize together or group certain services in a new entity to be created in the form of a mutualist society for the purpose of carrying out certain tasks as stipulated in Article 3 and this without prejudice to Article 3, paragraph 2.
§ 2. This form of collaboration is the subject of a deliberation of the general assembly of the mutualities concerned which is convened especially for this purpose. The provisions of articles 10, 11 and 12, paragraphs 2 and 3 apply.
The summons mentions the following points:
1° the reasons for collaboration;
2° the rights and obligations of the mutualities concerned, their members and their dependants;
3° the allocation of social funds in relation to the services concerned;
4° the changes in the statutes and new statutes of the mutualist society.
§ 3. The creation of a mutualist company following the pool of mutuality services comes into force from 1^er January of the calendar year following the approval of the statutes by the Supervisory Board.
The pool of mutuality services must also be approved by the general assembly of the national union of which they are part. "
Art. 131
Section 43ter, which reads as follows, is inserted in the same Act:
"Art. 43ter. C Any agreement with a national union or mutuality with the purpose of promoting, distributing or selling an insurance product within the meaning of the Act of 25 June 1992 on land insurance or a banking product within the meaning of the Act of 22 March 1993 on the status and control of credit institutions, even if such products have been specially designed for members of a mutuality or national union or are reserved for them.
It also prohibits any agreement intended for the promotion, distribution or sale of a service organized by a national union or a mutuality within the meaning of sections 3 and 7, § 4, of this Act, in the framework of professional activities that are wholly or partially within the scope of the law of 27 March 1995 relating to the intermediation in insurance and the distribution of insurance or that falls within the scope of the banking activity of the law of March 1993
Promotion, distribution or sale of goods and services referred to in paragraph 1^er and 2 are presumed irrefragably to be performed under a written or tacit agreement.
Existing agreements referred to in subparagraphs 1^er and 2 cease to produce their effects on the first day of the fourth month following the entry into force of this section. "
Art. 132
Article 70, § 2, of the Act, is supplemented by the following paragraph:
"Also obtains the quality of "a mutualist corporation", the entity constituted under section 43bis of that Act following the grouping of services and which organizes at least one of the services referred to in section 3, b.".
Section VII
Contribution on the turnover of pharmaceuticals
Art. 133
Section 191, 15°, of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, amended by the Royal Decree of 12 August 1994 and the Act of 20 December 1995, is replaced by the following provision:
"15° the product of a contribution on the turnover made on the Belgian market of the medicines listed in the lists that are annexed to the royal decree of September 2, 1980 setting the conditions under which the compulsory insurance against the disease and disability comes in the cost of the pharmaceutical specialties and assimilated products.
This contribution is borne by pharmaceutical companies who made this turnover in the year prior to the year for which the contribution is due.
For the years 1995, 1996 and 1998, the amount of this contribution is 2.3% and 4% respectively of the turnover that was made in the years 1994, 1995 and 1997.
The total turnover, calculated at the ex-factory or ex-importer level, is subject to a statement that must be ventilated by public conditioning or, if not, by unitary packaging of drugs referred to in paragraph 1^er.
The above declarations must be dated, signed, certified and accurate and must be submitted, by registered fold to the position, to the Health Care Service of the National Institute of Disability Insurance, avenue de Tervuren 211, 1150 Brussels. For the years 1995, 1996 and 1998 they shall be introduced respectively before 1^er February 1996, 1^er November 1996 and 1^er February 1998.
For the years 1995, 1996 and 1998, the contribution must be paid respectively before 1^er March 1996, 1^er December 1996 and 1^er March 1998 on account No. 001-1950023-11 of the National Institute of Disability Health Insurance, indicating, according to the year concerned, the reference to: " turnover contribution 1994", " turnover contribution 1995" or " turnover contribution 1997".
The above-mentioned Service ensures the collection of the above-mentioned contribution as well as control.
A debtor who fails to pay the above-mentioned contribution within the time limits set out in paragraph 6 shall be liable for an increase equal to 10% of that assessment, as well as for a late interest on that assessment, calculated at the legal interest rate.
The General Council may grant to the debtor referred to in paragraph 2 the exemption or reduction of the increase of the royalty or interest of delay provided that:
C all payments made previously by the debtor concerned were made within the specified time limit;
C the business figures referred to in paragraph 3 have been communicated within the time limit and in such a way as to allow the control of the amounts due;
C the debtor may duly justify that it has been impossible to pay the amount due within the specified time limit.
The exemption granted by the General Council may be total only if the debtor:
It is justified by the existence of a case of force majeure, that is, an event that is totally alien to it and independent of its will, reasonably unpredictable and humanly insurmountable, that has placed it in the absolute impossibility of carrying out its obligation within the prescribed time frame; the debtor must not be blamed for any fault in the events that preceded, prepared or accompanied the occurrence of that foreign cause;
This proves that, at the time of the payment's due diligence, he had a certain and enforceable debt that did not allow him to fulfil his obligation within the specified time limit and that the General Council was informed of it;
It can invoke duly proven compelling reasons.
In other cases of exceptional circumstances that the debtor may demonstrate, the General Council may grant a reduction of half of the increase in royalty and/or interest in delay.
The interest in delay based on the legal interest rate shall apply to the amount not paid within the prescribed period and shall be calculated on the basis of the number of days elapsed between the date on which the payment was due and the day on which the payment was actually made.
Revenues resulting from the above-mentioned contribution are charged in the accounts of the compulsory health care insurance, respectively, for the 1995 accounting year for the 1994 and 1996 turnover for the 1995 turnover contribution. "
Art. 134
In section 191 of the same coordinated law is inserted a 15°bis, which reads as follows:
« 15°bis. the product of a supplemental contribution on the turnover made on the Belgian market of the drugs referred to in article 34, 5°, (b) and (c), registered in the lists of reimbursable pharmaceutical supplies and issued by a hospital informal or a deposit of medicines to hospitalized beneficiaries or non-hospitalized beneficiaries.
This contribution is borne by pharmaceutical companies who made this turnover in the year prior to the year for which the contribution is due.
For the year 1998, the amount of this contribution is set at 4% of the turnover that was made during the year 1997.
The King sets out the terms and conditions for the application of this provision, including the declaration, control and recovery, as well as the distribution of the resource and the portion of it for the financing of other health care insurance plans.
The debtor, who fails to pay the due contribution within the time limit set by the King, is liable to the Institute for an increase and a delayed interest whose amount and conditions of application are fixed by the King. However, the increase may not exceed 10% of the due contribution and the calculated delayed interest may not exceed the legal interest rate.
The King also determines the conditions under which the Institute may grant to the debtor referred to in the preceding paragraph, the exemption or reduction of the contribution increase or interest in delay. "
Art. 135
Article 134 comes into force on the date determined by the King, by order deliberately in Council of Ministers.
Art. 136
The Royal Decree of 22 December 1995 establishing, for the year 1995, the terms and conditions for the contribution on the turnover of certain pharmaceuticals and the Royal Decree of 28 October 1996, setting out the terms and conditions for the contribution on the turnover of certain pharmaceuticals are reported.
All formalities made pursuant to the above-mentioned orders shall be deemed to be carried out in accordance with the provisions of this section. All amounts paid pursuant to the above-mentioned orders remain acquired on the dates on which they were paid.
Art. 137
Article 6, paragraph 1^erof the Royal Decree of 4 February 1997 establishing for the year 1997 a contribution on the turnover of certain pharmaceutical products pursuant to Article 3, § 1^er, 2° and 4°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, as amended by the Royal Decree of 16 April 1997, the words "1^er June 1997" are replaced by the words "1^er October 1997".
Art. 138
This section produces its effects on 1^er January 1996.
Section VIII
Financial provisions
Art. 139
By derogation from the provisions of Article 32, §§ 1^er and 2, of the Royal Decree of 30 July 1964 on the conditions under which the application of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is extended to self-employed persons, and the provisions of Article 73, paragraph 1^er, 3° and 4°, of the Royal Decree of 20 July 1971 establishing an insurance scheme against incapacity for work for self-employed workers, the State subsidies in the compulsory health care insurance scheme and compensation for the years 1995 and 1996 are as follows:
Health care: CHF 7,663.3 million;
C indemnities: CHF 2,317.0 million.
Art. 140
An article 27bis, as follows, is included in the Act of 6 August 1990 on mutualities and national unions of mutualities:
"Art. 27bis. C State subsidies are granted to national mutualities and unions, which have organized a health care service during the year preceding the fiscal year concerned in favour of independent workers and members of religious communities who have voluntarily subscribed to this service for health benefits other than those provided by the compulsory health care insurance scheme that affects them.
These grants are fixed from fiscal year 1998 to CHF 2,023,000.
This amount is bound from 1^er January 1998, fluctuations in the price index referred to in section 2, paragraph 1^erthe Royal Decree of 24 December 1993 implementing the Act of 6 January 1989 to safeguard the country's competitiveness, confirmed by Article 90 of the Act of 30 March 1994 on social provisions.
The King determines what needs to be heard by health care service. It also sets out the terms and conditions for granting these grants.
Grants are divided between national unions on the basis of the normative distribution key determined in accordance with Article 201 of the Compulsory Health Care and Allowance Insurance Act, coordinated on 14 July 1994, taking into account the parameters defined in Article 196, §§ 3 and 4, of the same law, so that the differences that exist, between national unions and mutualities, at the level of the objective health risks as defined in the above-mentioned
National unions distribute these subsidies among the mutualities affiliated to them in accordance with the same criteria. "
Art. 141
Section 7bis of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations, repealed by the Act of 14 July 1976, is reinstated in the following wording:
"Art. 7bis. C Articles 2 to 7, Article 6, § 1^erexcept, as well as Article 13, are not applicable to the Caisse des soins de santé de la Société nationale des chemins de fer Belgique. "
Art. 142
In section 189 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, the words "to the Institute, the Auxiliary Disability Insurance Fund and the Health Care Fund of the Belgian National Railway Corporation" are replaced by the words "to the Institute and the Auxiliary Disability Insurance Fund," and the words "to the Institute and the Auxiliary Disability Insurance Fund".
Art. 143
Item 7 of section 12 of the same coordinated law is replaced by the following provision:
"7° affects the resources referred to in Article 191, paragraph 1^er1°, 1°, 1°, 6° to 9°, and 12° to 20°, and 23°, under the conditions provided by or under this coordinated law, in the health care sector and in the compensation sector; "
Art. 144
In section 203, § 4, of the same coordinated law, the words "the forecasts for employment and contributions of the National Social Security Office, the National Social Security Office of provincial and local governments and the National Retirement Fund of Minor Workers" are deleted.
Art. 145
Section 207 of the same coordinated law is repealed.
Art. 146
Article 217, paragraph 1^er, of the same coordinated law, the words "It also determines the share of these expenses which is taken into account in calculating the subsidy of the State referred to in Article 191, paragraph 1^er, 3°, and in article 32, § 2, of the Royal Decree of 30 July 1964 on the conditions under which the application of the law of 9 August 1963 establishing and organizing a compulsory health care insurance scheme and allowances is extended to independent workers. » are deleted.
Art. 147
Article 191, paragraph 1^er, 7°, paragraph 10, of the same coordinated law, replaced by the Royal Decree of 12 August 1994, is replaced by the following paragraph:
"Every debtor is required to register with the Institute and to communicate all the information requested in the execution of this measure and section 9bis of the Act of 15 January 1990 on the institution and organization of a Social Security Bank; "
Art. 148
In section 192, paragraph 2, of the same coordinated law, replaced by the Royal Decree of 12 August 1994 and amended by the Act of 20 December 1995, the words "and the amount of the excess of the administrative expenses of the Auxiliary Disability Insurance Fund, referred to in section 195, § 4" are deleted.
Art. 149
In section 195 of the same coordinated law, as amended by the Act of 20 December 1995, by the Royal Decree of 17 March 1997 and by the Royal Decree of 25 April 1997, the following amendments are made:
1° § 1^er, 1°, second sentence is replaced by the following provision:
"Annual amounts referred to in 2°, paragraph 1^er, and 3° are allocated between plans and sectors on the basis of expenditure on health care and allowances. »
2° § 1^er, 2°, paragraph 1^er is replaced by the following provision:
"The amount of administration fees for the five national unions is set at CHF 24,106.1 million for 1996. "
3° in § 1^er2°, paragraph 5, the words "and the Auxiliary Disability Insurance Fund" are deleted;
4° § 1^er, 3°, deleted by the Royal Decree of 17 March 1997, is reinserted, which reads as follows:
« 3° The Auxiliary Disability Insurance Fund receives the consideration of its actual administrative costs annually, after deduction of the supplements granted to it under §§ 2 and 3 and in accordance with international conventions. »;
5° § 4 is repealed".
Art. 150
Section 200 of the Act, as amended by the Royal Decree of 12 August 1994 and by the Act of 20 December 1995, is replaced by the following provision:
"Art. 200. C § 1^er. Accounts as referred to in section 12, 5°, are closed no later than nine months after the expiry of the fiscal year.
§ 2. The cumulative accounting result of accounts per insurance agency for the compulsory health care insurance of the general plan and the independent worker plan is blocked in the situation in which it is located after the closing of the accounts for the fiscal year 1994.
§ 3. From the entry into force of the second phase referred to in Article 196, § 1^er :
1° the recoverable advances in the amount of CHF 2,770,000 and CHF 2,066,000 made by the State to the insurers through the Institute in 1974 and 1979, respectively, and recorded as debts of the insurers to the Institute, are sold via the current account to the Institute;
2° the debt of insurers resulting from the recoverable advances in the amount of 720 000 000 francs granted in 1970 and 1971 by the State, is recovered by the Institute;
3° the amount of 848 196 293 francs entered, as of 31 December 1994, to the special reserve fund referred to in Article 203, § 3, paragraphs 5 and 6, in their version before the entry into force of the royal decree of 12 August 1994 enforcing Article 204, § 2, of the law relating to compulsory health care and allowances, coordinated on 14 July 1994, is permanently allocated to the prorated bodies in the general scheme,
4° the cumulative accounting results of the insurers referred to in § 2, both in mali and in boni, corrected following the application of point 3° above, are taken over by the Institute.
§ 4. The cumulative accounting result of compulsory health care insurance, resulting from the application of § 3, is subsequently cleared by:
1° the final allocation to the Institute, for the benefit of compulsory health care insurance, of the recoverable advances referred to in § 3, 1 and 2° above, granted by the State to a total amount of 5,566,000 francs;
2° the allocation to the Institute by the overall financial management of the social status of the independent workers of the means necessary for the amortization of the loans under way as at 31 December 1994 to a maximum of 14 055 000 000 francs, pursuant to article 8, § 2, of the royal decree of 18 November 1996 for the introduction of a comprehensive financial management in the social status of the independent workers, pursuant to chapter I of title VI
3° the allocation to the Institute by the ONS-Gestion Global of the means necessary for the amortization of current borrowings as at 31 December 1994 to the following amounts:
in 1995: 1,376,000 francs;
in 1996: CHF 3,985,000;
in 1997: 3,283,333 francs;
4° the allocation to the Institute by the ONS-Global Management of the means necessary for the amortization of current borrowings as at 31 December 1997 and contracted before 31 December 1994 to a maximum of 14 716 666 667 francs;
5° the allocation to the Institute of the amount referred to in § 5;
6° the allocation for the benefit of the compulsory health care insurance of the plan of independent workers, by derogation from section 193, § 2, of the amounts entered on the date of 31 December 1994 to the reserve fund provided for in article 41, 2° of the royal decree of 20 July 1971 establishing an insurance scheme against the incapacity of work for independent workers;
7° the allocation for the benefit of compulsory health care insurance, by derogation from section 193, § 2, of the amount entered on the date of December 31, 1994 to the reserve fund provided for in section 80, 2°, limited to the amount of the cumulative accounting income of health care insurance after application of points 1° to 6°.
§ 5. ANS-Global management and overall financial management of the social status of self-employed persons pay to the Institute by 31 December 2005 the amount corresponding to the balance of the Institute's current account to the insurers resulting from the resumption of cumulative results of the insurers referred to in § 3, 4°.
§ 6. The King, by deliberate decree in the Council of Ministers, sets the key to the distribution between the general regime and the regime of independent workers of the amounts referred to in § 4, 1°, 5° and 7°. "
Section IX
Miscellaneous provisions
Art. 151
In section 2, (b), of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, the words "social foresight" are replaced by the words "social affairs".
Art. 152
Article 211, § 1^er, paragraph 2, of the same coordinated law, as amended by the Act of 29 April 1996, the sentence "The first elections will take place no later than 30 June 1997" is deleted.
Section X
Entry into force
Art. 153
Section 139 produces its effects on 1^er January 1995.
Articles 148 and 149, 2° to 5° produce their effects on 1^er January 1996.
Article 149, 1° produces its effects on 1^er January 1997.
Section 91 produces its effects on 10 May 1996.
Section 98 comes into force on 1^er January 1998.
Section 101 comes into force on 1^er December 1998.
CHAPTER VI
Overseas social security
Art. 154
§ 1^er. By derogation from Article 8, paragraph 2, of the Act of 17 July 1963 on overseas social security, as it was applied before the amendment made by this Act, the amounts of the state intervention for the overseas social security system are replaced by a single fixed amount of 9 067,724 million francs for 1993 and 9 155,142 million francs for 1994.
§ 2. From the 1997 fiscal year, the State will pay annually to the Overseas Social Security Office a subsidy equal to the difference between the total amount of the expenses charged to the three Funds, and the amount of their revenues.
This intervention is payable by twelfth instalments calculated on the basis of the budget of the year concerned.
The final amount is determined at the annual closing of the accounts.
Art. 155
Section 58 of the Act is supplemented by the following sentence:
"The state is responsible for the administrative expenses set out by the Overseas Social Security Office. "
CHAPTER VII
Social security
Provincial and local governments
Art. 156
Article 1^er, b, of the Act of 6 August 1993 on the pensions of the appointed personnel of the local administrations, the words "Article 161 of the new communal law" are replaced by the words "Articles 156 to 169 of the new communal law".
Art. 157
In section 161 of the new communal law, paragraphs 5 and 6 are replaced by the following:
"The National Social Security Office of provincial and local governments shall, each year for the following year, establish the rate of contribution required for the funding of pensions of former members of local authorities affiliated to the Agency, pursuant to paragraphs 1^er and 2, as well as pensions of the persons entitled to them. The rate is applied on the treatments that each local government pays to agents appointed and affiliated during the current year. This contribution rate is determined on the basis of the relationship between, on the one hand, the presumed expenses for the pensions of these persons and, on the other hand, the alleged payroll of the staff affiliated to this plan. It is established taking into account the foreseeable evolution of the report defined above for a period not less than three years. Where, for a specified year, the proceeds of the contributions are higher than the actual expenditures made as a pension for that same year, the surplus is included in the National Agency Pension Reserve Fund. This surplus, as well as the financial revenues it generates, will only be allocated to the funding of the common local authority pension plan referred to in paragraphs 1^er and 2.
Local governments whose staff are affiliated under paragraph 1^er and 2 are required to make contributions to the Agency pursuant to paragraph 5 in accordance with the terms and conditions set out in Chapter II of the Royal Decree of 25 October 1985 carrying out Chapter I, Section 1st of the Act of 1^er August 1985 with social provisions.
The Agency proactively and monthlyly pays to the Public Treasury the necessary provisions for the payment of dependant payments of the common local authority pension plan referred to in paragraph 1^er and 2. "
Art. 158
In Article 7, § 2, last paragraph, of the aforementioned Act of 6 August 1993, the words "three years" are replaced by the words "five years" and Article 7 is supplemented as follows:
"The actions against the Agency in the recovery of the above-mentioned undue amounts are prescribed by five years on the day of payment. "
Art. 159
Section 156 produces its effects on 1^er January 1997.
Section 157 comes into force on 1^er January 1998.
Art. 160
In the new communal law, an article 263decies is added, as follows:
"Art. 263decies. C The provisions of Chapter VI of Part III of the Law shall apply to municipal self-governments. "
Art. 161
Article 160 produces its effects on 18 April 1995.
Art. 162
Article 7, § 1^erParagraph 1^er, of the Act of 6 August 1993 on the pensions of locally appointed personnel is replaced by the following paragraph:
« § 1^er. The Agency determines, each year for the following year, the rate of contribution required for the financing of pensions of former members of local government staff whose staff is affiliated with the Agency's new affiliates plan and the pension of eligible persons. The rate is applied on the treatments that each local government pays to agents appointed and affiliated during the current year. This contribution rate is determined on the basis of the relationship between, on the one hand, presumed expenses for the pensions of these persons and, on the other hand, the alleged payroll of the staff affiliated to this plan. It is established taking into account the foreseeable evolution of the report defined above for a period that cannot be less than three years. Where, for a specified year, the proceeds of the contributions are higher than the actual expenditures made as a pension for that same year, the surplus is included in the Agency's Pension Reserve Fund. This surplus, as well as the financial revenues it generates, will only be allocated to the funding of the new affiliate plan to the National Board. "
Art. 163
Section 162 comes into force on 1^er January 1998.
Art. 164
In article 161ter, § 4, of the new communal law, the words "three years" are replaced by the words "five years".
CHAPTER VIII
Minor workers
Art. 165
Article 1^er the Act of 23 July 1993 on measures to promote the employment of young people under the Youth Employment Plan is supplemented as follows:
"as well as workers and employers subject to the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers".
Art. 166
In section 2 of the Act, the following amendments are made:
A) in § 1^erParagraph 1^er, the words "taken in" are replaced by the words "taken in if the employer is affiliated with the National Social Security Office or until the end of the thirty-sixth month following that during which the undertaking took place if the employer is affiliated with the National Juvenile Workers' Pension Fund";
B) § 2, paragraph 1^er, is supplemented as follows: "or Article 2, § 3, 1° to 5°, and 7°, and § 3bis of the above-mentioned Decree-Law of 10 January 1945, Article 56, 1° and 2°, of the laws relating to the repair of the damage resulting from occupational diseases, coordinated on 3 June 1970, and Article 59, 1°, of the Law of 10 April 1971 on occupational accidents"
C) in § 3, the words "or per month" are inserted between the words "quarter" and "planned".
Art. 167
In section 4 of the Act, the following amendments are made:
A) in § 1^erParagraph 1^er, the words "or Article 2, § 6, of the aforementioned Decree-Law of January 10, 1945 are inserted between the words "of June 27, 1969" and "the employer";
B) § 1^er, paragraph 2, is supplemented as follows: "if the employer is affiliated with the National Board or the fourteenth month following that during which the undertaking occurred if the employer is affiliated with the National Pension Fund";
C) § 2, paragraph 1^er, is completed as follows:
"or Article 2, § 2, of the aforementioned Decree-Law of 10 January 1945."
Art. 168
In Article 5, § 1^erParagraph 1^er, from the same law, the words "or month" are inserted between the words "quarter" and "for".
Art. 169
In Article 6, § 1^erin the same law, the words "or monthly" are inserted between the words "quarterly" and "institution".
Art. 170
Article 46, paragraph 1^erof the Royal Decree of 24 December 1993, which carried out the law of 6 January 1989 to safeguard the country's competitiveness, confirmed by the law of 30 March 1994, is supplemented as follows: "as well as to the workers and employers subject to the decree-law of 10 January 1945 concerning the social security of the minor and assimilated workers".
Art. 171
An article 47bis, as follows, is inserted in the same order:
"Art. 47bis. C § 1^er. The employers referred to in section 46 who are subject to the decree-law of 10 January 1945 shall be entitled to the workers covered by the same article and who are occupied full time of a reduction of 50, 35, 20 and 10% of the employers' contributions referred to in section 2, §§ 3, 1° to 5°, and 7°, and 3bis of the decree-law referred to above of 10 January 1945, to article 2
The reduction referred to in the previous paragraph is granted for part-time workers, at 50, 35, 20 and 10 per cent, provided that the monthly wage mass per worker (to 100 per cent) divided by the number of hours paid does not exceed the amounts of the hourly ceilings set respectively at 250, 270, 290 and 310 francs.
With regard to manual and assimilated workers, the reduction of contributions referred to in the first two paragraphs is calculated on the remuneration of 108 per cent.
However, the reduction of contributions is not granted if the daily ceiling or the hourly ceiling does not amount to 1,500 francs per day or 200 francs per hour. These ceilings are raised to 1,530 francs per day or 204 francs per hour from 1^er January 1995.
Compensation paid to workers due to the termination of the contract is excluded from the reduction of employer contributions referred to in the first two paragraphs.
By derogation from the provisions of the first two paragraphs, there is no reduction in employers' contributions when the monthly wage mass for the worker is only premiums for which there are no declared workdays.
§ 2. For certain categories of employers, may be fixed by We special terms for calculating the reduction of employer contributions. "
Art. 172
An article 47bis, as follows, is inserted in the same order:
"Art. 47bis. C § 1^er. The employers referred to in Article 46 who are subject to the decree-law of 10 January 1945, benefit for the workers covered by the same article and who are occupied in full time of a reduction of the employers' contributions fixed by Article 2, §§ 3, 1° to 5°, and 7°, and 3bis of the aforementioned decree-law of 10 January 1945, to Article 56, 1° and 2°, of the damages related to
This reduction is set to:
(a) 50% as long as the monthly wage mass per worker (100 per cent) divided by the number of paid working days is between the following daily ceiling amounts: 1,561 francs and 1,977 francs;
(b) 35%, provided that the monthly wage mass per worker (to 100%), divided by the number of paid working days, is between the following daily limits: 1,978 francs and 2,133 francs;
(c) 20 per cent, provided that the monthly wage mass per worker (to 100 per cent), divided by the number of paid working days, is between the following daily ceilings: 2,134 francs and 2,289 francs;
(d) 10 per cent, provided that the monthly wage mass per worker (to 100 per cent) divided by the number of paid working days is between the following daily ceilings: 2,290 francs and 2,808 francs.
The reduction referred to in the previous paragraph is granted for part-time workers on the basis of:
(a) 50% as long as the monthly wage mass per worker (to 100%) divided by the number of hours paid does not exceed the amount of the hourly ceiling of 260 francs;
(b) 35%, provided that the monthly wage mass per worker (to 100%) divided by the number of hours paid is between the following hourly ceiling amounts: 261 francs and 281 francs;
(c) 20%, provided that the monthly wage mass per worker (to 100%) divided by the number of hours paid is between the following hourly ceiling amounts: 282 francs and 301 francs;
(d) 10%, provided that the monthly wage mass per worker (to 100%) divided by the number of hours paid is between the following hourly ceiling amounts: 302 francs and 369 francs.
With regard to manual and assimilated workers, the reduction of contributions referred to in paragraphs 2 and 3 is calculated on the remuneration of 108 per cent.
However, the reduction of contributions is not granted if the daily ceiling or the hourly ceiling does not amount to 1,530 francs per day or 204 francs per hour.
Compensation paid to workers due to the termination of the contract is excluded from the reduction of employer contributions referred to in paragraphs 2 and 3.
By derogation from the provisions of paragraphs 2 and 3, there is no reduction in employers' contributions when the monthly wage mass for the worker is only premiums for which there are no declared workdays.
§ 2. For certain categories of employers, may be fixed by We special terms for calculating the reduction of employer contributions. "
Art. 173
Section 60 of the Act of 21 December 1994 on social and other provisions is supplemented as follows:
"and employers subject to the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers. "
Art. 174
Article 61, § 2, of the same law is supplemented as follows: "or Article 2, §§ 3, 1° to 5°, and 7°, and 3bis of the above-mentioned Decree-Law of 10 January 1945, Article 56, 1° and 2°, of the laws relating to the repair of damages resulting from occupational diseases, coordinated on 3 June 1970, and Article 59, 1°, of the law of the work of "
Art. 175
In Article 63, § 1^erin the same law, the words "or monthly" are inserted between the word "quarterly" and the words "in the institution".
Art. 176
Article 2, § 1^erParagraph 1^er, of Royal Decree No. 495 of 31 December 1986 establishing a system combining work and training for young people from 18 to 25 years and bringing temporary reduction of employers' social security contributions due in the head of these young people, modified by the law of 28 May 1991, is supplemented as follows: " or to article 2, §§ 3, 1° to 5°, and 7°, and 3bis of the decree of 1945 "
Art. 177
In article 2, § 2, of the same decree, the words "or in his monthly statement to the National Retirement Fund for Minor Workers" are inserted between the words "at the National Social Security Office" and the words "the identity of the worker".
Art. 178
Article 4, § 1^erParagraph 1^erthe same order shall be replaced by the following paragraph:
"Excluded from the benefit of this Order are employers who, at the end of the quarter or month for which they invoke the application of Article 2, are obligated to institutions responsible for the collection and collection of social security contributions. However, if it is employers who have obtained the payment deadlines they have strictly met for the debt, exemptions may be granted by the institution management committee responsible for the collection and collection of social security contributions. "
Art. 179
Article 36, § 1^erParagraph 1^erof the Royal Decree of 24 December 1993 implementing the Act of 6 January 1989 to safeguard the country's competitiveness, as amended by the Act of 3 April 1995 is replaced by the following paragraph:
"Employers who, on the basis of an approved work redistribution plan referred to in section 35, are aware of a net increase in the workforce and at least a number equal to the number of days declared to the National Social Security Office or the National Retirement Fund for Minor Workers, in relation to the quarter or the corresponding month of the year 1993, are entitled, for each additional job, to a flat decrease in the amount of employers' pension contributions "
Art. 180
Article 36, § 1^er, paragraph 2, of the same order, inserted by the Act of 22 December 1995, is replaced by the following paragraph:
"If the redistribution of work plan, as referred to in section 35, is filed and approved after 1^er January 1996, the employer is entitled for each additional net commitment made in the period 1^er January 1996 to December 31, 1997 to a lump-sum reduction of the employer social security premiums of 37,500 francs per quarter during the quarter of the undertaking and the following 12 quarters if it is affiliated with the National Social Security Office and 12,500 francs per month during the month of the undertaking and the following 38 months if it is affiliated with the National Retirement Fund for Minor Workers, as long as it meets the conditions mentioned in paragraph 1^er. "
Art. 181
In Article 104bis of the Law of Recovery of 22 January 1985 containing social provisions, inserted by the law of 22 December 1995 and amended by the Royal Decree of 14 March 1997, §§ 1^er, 2 and 4 are replaced by the following:
« § 1^er. employers who, pursuant to articles 100 and 102, proceed to the replacement of the worker by a complete unemployed person, who benefits from allowances for every day of the week, may be partially exempted, for the replacements they undertake, from the employers' contributions referred to in article 38, §§ 3, 1° to 7°, and 9°, and 3bis of the law of 29 June 1981 establishing
Exemption referred to in paragraph 1^er is, provided that the replacement is occupied part-time, set at 50% during the quarter of the undertaking and the following 4 quarters and 25% during the 5th to 8th quarter of the commitment if it is an employer affiliated with the National Social Security Office. It is set at 50% during the month of the undertaking and the following 14 months and at 25% during the 15th to and including the 26th month following that of the undertaking if it is an employer affiliated with the National Retirement Fund of Minor Workers.
By derogation from paragraph 2, provided that the replacement is hired after December 31, 1996, and is part-time in a business with less than 50 workers, the exemption referred to in paragraph 1^er is set at 75% during the quarter of the undertaking and the following four quarters and 50% during the 5th to the 8th quarter of the commitment if it is an employer affiliated to the National Social Security Office. It is set at 75% during the month of the undertaking and the following 14 months and 50% during the 15th to and including the 26th month following the month of the undertaking if it is an employer affiliated with the National Retirement Fund of Minor Workers. The period to be taken into account in determining the number of workers in the company is determined by the King.
Exemption referred to in paragraph 1^er, provided that the replacement is full-time, set at 25% during the quarter of the undertaking and the following 4 quarters if it is an employer affiliated to the National Social Security Office. It is set at 25% during the month of the undertaking and the following 14 months if it is an employer affiliated to the National Retirement Fund for Minor Workers. "
Ҥ2. Employers who, at the end of the quarter or month for which they invoke the application of this section, are liable to institutions responsible for the collection and collection of social security contributions.
If it is an employer who has obtained the payment deadlines they have strictly met for the debt, exemptions may be granted by the institution management committee responsible for the collection and collection of social security contributions. "
Ҥ4. In order to benefit from the benefits of this section, the employer must specify, in the quarterly or monthly statement to institutions responsible for the collection and collection of social security contributions, the exact identity of the worker for whom he reduces employer contributions and proves that the worker meets the requirements for the application of the provisions of this section.
The King shall determine the formalities and evidence referred to in paragraph 1^er. "
Art. 182
In Article 18 of the Act of 22 December 1995 on measures to implement the multi-year employment plan, as amended by the Royal Decree of 14 March 1997, §§ 1^er, 2 and 4 are replaced by the following:
« § 1^er. employers who, pursuant to a collective labour agreement that provides for the introduction of a half-time pension plan as referred to in the collective labour agreement No. 55, entered into on July 13, 1993 in the National Labour Council and made compulsory by the royal decree of November 17, 1993, make the replacement of an elderly worker referred to in article 46 of the law of March 30, 1994 concerning social accidents
Exemption referred to in paragraph 1^er is, provided that the replacement is occupied part-time, set at 50% during the quarter of the undertaking and the following 4 quarters and 25% during the 5th to and including the 8th quarter following the undertaking if it is an employer affiliated to the National Social Security Office. It is set at 50% during the month of the undertaking and the following 14 months and at 25% during the 15th to and including the 26th month following that of the undertaking if it is an employer affiliated with the National Retirement Fund of Minor Workers.
This exemption is, as long as the replacement is full-time, set at 25% during the quarter of the undertaking and the following four quarters if it is an employer affiliated with the National Social Security Office. It is set at 25% during the month of the undertaking and the following 14 months if it is an employer affiliated to the National Retirement Fund for Minor Workers. "
Ҥ2. Employers who, at the end of the quarter or month for which they invoke the application of this section, are liable to institutions responsible for the collection and collection of social security contributions.
If it is an employer who has obtained the payment deadlines they have strictly met for the debt, exemptions may be granted by the institution management committee responsible for the collection and collection of social security contributions. "
Ҥ4. In order to benefit from the benefits of this section, the employer must specify, in the quarterly or monthly statement to institutions responsible for the collection and collection of social security contributions, the exact identity of the worker for whom he reduces employer contributions and proves that the worker meets the requirements for the application of the provisions of this section.
The King shall determine the formalities and evidence referred to in paragraph 1^er. "
Art. 183
Article 30, § 1^er, of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness, is replaced by the following provision:
« § 1^er. Without prejudice to the provisions of section 35, employers who, pursuant to an employment agreement concluded in accordance with the provisions of a collective labour agreement concluded to that effect within the National Labour Council, demonstrate a net increase in the number of workers and in addition to a volume of work at least equivalent, in comparison with the corresponding quarter of 1996 if they are affiliated with the National Social Security Office or If the reduction of 37,500 francs is greater than the amount of the employers' social security contributions referred to in article 38, §§ 3, 1° to 7°, and 9°, and 3bis, of the law of 29 June 1981 establishing the general principles of the social security of the workers employed or if the reduction of 12,500 francs is greater than the amount of the employers' social security contributions referred to in article 2, §§ 3, 1° to 5° "
Art. 184
In section 32 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or month" are inserted between the words "quarter" and "for which";
2° in paragraph 2, the words "or month" are inserted between the words "for the quarter" and "affected".
Art. 185
This chapter comes into force on the first day of the month following that in which this Act has been published in the Belgian Monitor, with the exception of:
1° of articles 165 to 169 that produce their effects on 1^er August 1993;
2° of articles 170, 176, 177, 178 which produce their effects on 1^er April 1994;
3° of Article 171 which produces its effects of 1^er April 1994 to 9 May 1996;
4° of Article 172 which produces its effects on 10 May 1996;
5° of articles 173, 174, 175, which produce their effects on 1^er January 1995;
6° of Article 179 which produces its effects on 10 January 1994;
7° of Article 180 which produces its effects on 9 January 1996;
8° of articles 183 and 184 which produced their effects on 11 August 1996.
CHAPTER IX
National Institute of War Invalids
Art. 186
In article 3 of the Act of 8 August 1981 on the establishment of the National Institute of War Invalids, Veterans and War Victims and the High Council of War Invalids, Veterans and War Victims, the following paragraph is inserted between the second paragraph and the third paragraph:
"In addition, in order to ensure proper management of homes, hospital services or residential services to accommodate its nationals, the National Institute may, as a supplemental measure, permit access to non-citizens to homes, hospital services or residences. "
CHAPTER X
Annual holidays
Art. 187
In Article 9, paragraph 3 of the laws relating to the annual holidays of employed workers, coordinated on June 28, 1971, the word "intelligence" is inserted in the words "worker" and "dead".
Art. 188
In section 48 of the Acts, a new paragraph is inserted between paragraph 1^er and 2, as follows:
"The competent Minister may also recognize to officials of the National Office the allocation referred to in paragraph 1^er. They carry out any investigation either at the initiative or at the request of an institution cooperating with the application of the annual holiday legislation and its enforcement orders. "
Art. 189
In the same laws, a new article 49 is introduced, which reads as follows:
“Art. 49. C The officers referred to in section 48, paragraph 2, of this Act shall, in addition, control the award of vacation and holiday to manual workers under a legal provision, a collective agreement or a contract. "
Art. 190
In Article 2 of the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers, the following amendments are made:
1° in § 1^er, paragraph 2, as amended by Royal Decree No. 96 of 28 September 1982 and by the Programme Law of 22 December 1989, the words "and complementary holidays of miners of substance" are deleted;
2° § 3, 6°, modified by the royal decree of 1^er March 1989 and the Royal Decree of 13 October 1989, is replaced by the following provision:
"6° 15.50 % of the amount of the worker's remuneration for the annual holiday regime. A share of 9.50 per cent included in the 15.50 per cent contribution is paid only annually in the course of the year following the holiday year, on the date fixed by the King and in accordance with the terms and conditions determined by the King. »;
3° in § 3ter, paragraph 4, inserted by the programme law of 22 December 1989, the words "The National Retirement Fund for Minor Workers" are replaced by the words "The National Social Security Office";
4° in § 6, paragraph 1^erthe words "to the National Retirement Fund for Minor Workers" are replaced by the words "to the National Social Security Office";
5° § 7, paragraph 3, as amended by the Royal Decree of 8 August 1997, is replaced by the following provision:
"In respect of annual vacation plan contributions, the National Social Security Agency shall pay them, after deducting administrative fees, to the Annual Holiday Office in accordance with the provisions determining the application of this plan. "
Art. 191
The Decree-Law of April 14, 1945 on the complementary benefits to the annual holidays of the coal workers, as amended by Royal Decree No. 8 of October 23, 1978, is repealed.
Art. 192
Section 190 comes into force on 1^er January 1998 and applies for the first time to the payment of vacation tolls for the 1999 vacation year, relating to the 1998 vacation year.
CHAPTER XI
Objective accountability
Art. 193
In article 8, paragraph 7, littéra v, of the Act of 30 July 1979 on the prevention of fires and explosions and the compulsory insurance of civil liability in these same circumstances, as amended by the Act of 29 April 1996, it is inserted between the words "health care and allowances" and "the own right" the words ", the right of subrogation granted to legal persons and the institutions referred to in article 14,
Art. 194
Section 193 produces its effects on December 31, 1994.
CHAPTER XII
Structure of consultation
Art. 195
Section 206, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, inserted by the Act of April 29, 1996, is replaced by the following provision:
Ҥ2. The Institute transmits to the technical cell referred to in section 155 of the Act of 29 April 1996 on social provisions, the billing files validated in relation to the stays made. The King determines the periodicity, time and modalities of the transmission of such data. "
Art. 196
Section 141, paragraph 1^erthe Act of 29 April 1996 on social provisions is replaced by the following provision:
"Without prejudice to the application of sections 153 to 164, the King determines the conditions and conditions under which the National Disability Insurance Institute and the Ministry of Social Affairs, Public Health and the Environment exchange anonymous data that relate to hospital stay and medication. "
Art. 197
Article 154, paragraph 1, 3, of the same Act, is replaced by the following provision:
"to be aware of the results of the analysis of the technical cell referred to in section 155 of this Act; "
Art. 198
In section 156 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraph:
"The task of the technical unit is to collect, process and analyze hospital data. »;
2° Paragraph 5 is replaced by the following paragraph:
"The King sets out the terms and conditions under which hospitals and insurers are required to transmit to the technical cell referred to in section 155, beginning in fiscal year 1995, the information necessary to the merging of anonymous minimum and financial data. »;
3° paragraph 6 is supplemented by the following provision:
"The communication, to the Department or the Institute, of data concerning a legal entity that is identified or may be authorized, however, if such data are necessary for the execution of measures within the framework of their legal missions and must be taken on the basis of the work, analysis or results of the technical cell. "
Art. 199
Article 157, paragraph 1^erthe following amendments are made:
1° the reference to "Article 154" is replaced by the reference to "Article 156";
2° in the French text of item 2°, the words "National General Council" are replaced by the words "General Council".
Art. 200
In the Dutch text of Article 164 of the Act, the words "artikel 1 in" are inserted between the words "aangewezen in" and "artikel 2, §§ 1, 2 in 3".
PART 3
Public health
CHAPTER I
Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions
Section 1
Therapists
Art. 201
§ 1^er. Article 30, § 1^er, Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions, the points "5°bis" and "5°ter" are repealed.
§ 2. Same § 1^er, paragraph 3, the words "and 5°ter" are deleted.
Art. 202
In Article 35octies, § 2, third dash, of the same order, the following amendments are made:
the words "and the professional title referred to in Article 21bis, § 3" are inserted after the words "at Article 35ter".
Art. 203
§ 1^er. Article 35, § 1^er, 1°, of the same order, are made the following modifications:
1° the words "the King determines, after the opinion of the Planning Commission, the overall number of candidates" are replaced by the words "the King may determine, after the opinion of the Planning Commission, the overall number of candidates";
2° the words "of the professional title referred to in Article 21bis, § 3, or" are inserted between the words "to attribution" and the words "of titles".
§ 2. 2° of the same article 35nonies, § 1^erthe following modifications are made:
1° the words "the King sets the criteria" are replaced by the words "the King can set the criteria";
2° the words "and for the selection of candidates to obtain the professional title referred to in Article 21bis, § 3" are added after the words "by Article 35ter".
Section 2
Foreign students
Art. 204
In Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions is inserted an article 1^erbis, as follows:
“Article 1^erbis. C For the purposes of this Order:
"European national":
A national of a Member State of the European Union;
C from Norway, Iceland or the Principality of Liechtenstein;
A national of a State with which the European Communities and their Member States have entered into an Association Agreement, which entered into force and stipulating that, in the context of access to and exercise of a professional activity, such a national may not be discriminated against because of his nationality. "
Art. 205
In the same order, an article 49bis is inserted, as follows:
"Art. 49bis. C § 1^er. Foreigners, other than European nationals, whose foreign diploma has been declared equivalent by the competent authorities of a Community, and who wish to exercise in Belgium professional activities referred to in Articles 2, 3, 4, 5, § 2, 21bis or 21quater or who wish to enter into account for the exercise of a paramedical profession in accordance with Chapter II, may only exercise their profession, after being authorized by the King and after having been granted
§ 2. Persons referred to in § 1^er must apply to the Minister who has public health for the purpose of exercising their profession.
When the application relates to the exercise of a profession related to the possession of a diploma relating to medicine, dental science or pharmacy, the application is submitted in advance to the advice of the Royal Academy of Medicine in Belgium or the Koninklijke Vlaamse Academie voor Geneeskunde van België.
Art. 206
In the same order, an article 49ter is inserted, as follows:
"Art. 49ter. C The King is authorized to grant to persons, even non-graduates, on the advice of the Royal Academy of Medicine of Belgium or the "Koninklijke Vlaamse Academie voor Geneeskunde van België", special dispensations for the exercise of certain acts of the art of healing so that they can acquire limited clinical training in Belgium and this in the framework of medical cooperation and
These exemptions may apply only to what is expressly designated therein and the beneficiaries of these exemptions may not, in any case, exercise under their own responsibility the profession for which a limited activity has been authorized to them.
These activities may also not be taken into consideration for the approval referred to in section 35sexies or for the performance of benefits resulting from an intervention under the coordinated law of 14 July 1994 on compulsory health care and allowances insurance. »
Art. 207
In the same order, an article 49quater is inserted:
"Art. 49quater. C The King is authorized to adapt the denominations of diplomas giving access to the exercise of the professions or activities referred to in articles 2, 3, 4, 5, § 2, 21bis, 21quater and 22 to the denominations given by the Communities. »
Art. 208
Article 2 of the Act of March 19, 1971 concerning the equivalence of foreign diplomas and certificates and Article 7 of the Royal Decree of July 20, 1971 determining the conditions and procedure for granting the equivalence of foreign diplomas and certificates of study, are repealed with respect to the regulated professions or activities, as part of the Royal Decree No. 78 of November 10, 1967 concerning the medical profession
Art. 209
Article 57 of the Order of the Regent of 31 December 1949, coordinating the laws on the collation of academic grades and the program of academic examinations, is repealed.
Section 3
Pharmacists
Art. 210
Article 4, § 3, 1°, of Royal Decree No. 78 of 10 November 1967 concerning the art of healing, of nursing art, of paramedical professions and of medical commissions, as amended by the law of 17 December 1973, paragraph 6, inserted by the law of 26 June 1992, is supplemented by the following provision:
"It also determines the period during which applications or renewals of application for the opening of an open-ended informal may be introduced. »
CHAPTER II
Veterinarians and Institute of Veterinary Expertise
Section 1
Amendment to the Act of 28 August 1991
on the Exercise of Veterinary Medicine
Art. 211
In section 4, paragraph 4, of the Act of 28 August 1991 on the Exercise of Veterinary Medicine, the words "other than those relating to veterinary expertise" are inserted between the words "regulatory" and "must".
Art. 212
Article 9, § 3, of the same law, is replaced by the following provision:
“§3. Without prejudice to section 14, any veterinary physician who has prescribed or provided a drug may, where there are reasons to believe that he or she abuses the right to prescribe or provide medication, be called upon to justify it, before the competent regional commissions referred to in § 4 of this article, the medical necessity from the point of view of the quantity, the adequacy of treatment and the destination.
To this end, the agents of the authority referred to in Article 34, § 1^er, must disclose any information relating to the abuse of prescription or supply of drugs by veterinary physicians to the regional commission of their administrative district. »
Art. 213
Article 9 of the same law, § 4 of which becomes § 5, is inserted a § 4, which reads as follows:
“§4. The King may, on the advice of the scientific council he designates, set the rules of good veterinary practices in the matter of prescription and supply of drugs. To this end, it also designates two regional commissions that monitor the application of these rules. It determines the composition and functioning of the Council and those commissions. »
Art. 214
Article 10, § 2, of the same law, is repealed.
Art. 215
In section 21 of the Act, the words "from eight days to three months and a fine of fifty francs to four thousand francs" are replaced by the words "from one month to one year and a fine of five hundred francs to fifteen thousand francs".
Art. 216
In section 22 of the Act, the words "of a fine of fifty francs to four thousand francs" are replaced by the words "of a fine of five hundred francs to fifteen thousand francs".
Art. 217
Article 34, § 4, of the same Law, is replaced by the following provisions:
“§4. For the performance of the tasks set out in this Act, members of the medical commission and members of the regional commissions, referred to in Article 9, § 4, of this Act, shall have the powers referred to in §§ 1^er2 and 3 of this article. "
Section 2
Amendments to the Act of 13 July 1981
establishing a Veterinary Expertise Institute
Art. 218
Section 9 of the Act of 13 July 1981 establishing a Veterinary Expertise Institute is supplemented as follows:
"6° the product of administrative fines;
7° the proceeds of placing financial reserves. "
Art. 219
In section 10 of the Act, the words " borrowings" are replaced by the words " borrowings and having financial reserves".
Art. 220
§ 1^er. Section 36 of the Act, as amended by the Acts of 22 March 1989 and 29 April 1996, is replaced by the following provision:
“Art. 36. C § 1^er. With a view to appointing a vacant expert to the Institute's organic framework, veterinarians appointed as mission officers at 1^er September 1997, are paid to a recruitment reserve if they are awarded a recruitment examination organized by the Permanent Recruitment Secretariat.
The King sets out the nature, volume and duration of benefits that can be taken into account in setting their administrative and financial careers.
§ 2. This article shall cease to produce its effects on 1^er January 1999, with the exception of the recruitment reserve referred to in § 1^erParagraph 1^er, which is maintained for a period of two years. "
Section 3
Amendment to the Act of 14 July 1994
on the financing of the Institute of Veterinary Expertise
Art. 221
Article 2, § 1^erof the Act of 14 July 1994 on the financing of the Institute of Veterinary Expertise, the first is replaced by the following provision:
1° (a) cattle, horses, foals, donkeys, mules and mules: 171 francs per animal;
(b) calves: 140 francs per animal; "
CHAPTER III
Institut scientifique de la Santé publique-Louis Pasteur (ISSP-LP)
Section 1
Financing
Art. 222
The King may determine, by order deliberately in the Council of Ministers, the royalties which are collected for the benefit of the Scientific Institute of Public Health-Louis Pasteur dependant:
1° of applicants for an authorization for the testing or marketing of products based on genetically modified substances and scientific advice applicants for the risk assessment of these products;
2° of applicants for a declaration of good laboratory practices, certificate of conformity or certificate of accreditation, as well as checks and checks thereof.
These fees are intended to cover the Institute's administration, operation, authorization, supervision and control costs.
The King determines the amount and terms of payment of these royalties.
CHAPTER IV
Red Cross of Belgium
Art. 223
Article 1^er§ 1^erParagraph 3, of the Act of 7 August 1974 providing additional resources to the Red Cross of Belgium, is replaced by the following paragraph:
"The King may, by order deliberately in the Council of Ministers, decrease this supplement or increase it to a maximum of 1%. Similarly, it may affect, in whole or in part, the amount resulting from the collection of this supplement to one or more specified activities. "
CHAPTER V
Redevance for the financing of missions under the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances
Art. 224
§ 1^er. The King may, by order deliberately in the Council of Ministers, impose royalties to finance the missions of the administration arising from the application of Article 1^er of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances in respect of narcotic drugs, psychotropic substances, substances from which they can be manufactured and substances with hormone, anti-hormonial or antibiotic action.
These fees are paid on a special account of the budget of the Ministry of Social Affairs, Public Health and the Environment.
§ 2. The King shall, by order deliberately in the Council of Ministers, establish the amounts and method of payment of royalties. It may specify the conditions of these royalties.
Art. 225
The table annexed to the Organic Law of 27 December 1990 creating budgetary funds is amended to read:
1° The heading "25-1 Expenditures resulting from the application of the Medicines Act (Act of January 5, 1976) is replaced by:
"25-1. Expenditures resulting from the application of the Act of March 25, 1964 on Drugs (Act of December 29, 1990, section 133) and the Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances (Law of February 22, 1998, section 224);
2° In the "Nature of Affected Revenue" column, the "Revenues resulting from the application of the Act of 25 March 1964 on Drugs (Act of 5 January 1976, section 152)" is replaced by:
"Revenues resulting from the application of the Act of March 25, 1964 on Drugs (Act of December 29, 1990, section 133) and the Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances (Law of February 22, 1998, section 224)";
3° In the column " Nature of authorized expenses", the section "Inspection of pharmacies: statutory treatments, fees, attendance fees, studies and investigations, heritage expenses; pharmacotherapeutic computing » is replaced by:
"General Pharmaceutical Inspection: statutory, contractual, expert, fee, attendance fees, studies and investigations, heritage expenses, pharmacotherapeutic computing."
CHAPTER VI
Biosecurity
Art. 226
In section 132 of the Act of 20 July 1991 on social and other provisions, the following amendments are made:
1° § 2 is replaced by the following provision:
“§2. Without prejudice to the powers of judicial police officers, officials and agents of the Ministry of Social Affairs, Public Health and the Environment and of the Ministry of Average Classes and Agriculture, appointed by the King, on joint proposal of the Ministers who have the Ministries concerned in their responsibilities, control the application of the provisions, on the one hand, under international agreements and treaties regarding the use of genetically modified bodies, »;
2° §§ 3 to 14 written as follows:
Ҥ3. In carrying out their mission, they are entitled to:
1° access to or enter all establishments, parts of establishments, means of transport, premises or other places, open or non-air, for industrial, commercial, agricultural, artisanal or scientific activities;
2° where they are part of or adjacent to the dwellings, enter the premises, listed in the preceding paragraph, only between five o'clock in the morning and nine o'clock in the evening, unless a written prior authorization has been issued to that effect by a judge of the police court; such authorization is always required to enter the premises serving the dwelling;
3° require the production of the information and documents they consider necessary in the execution of their mission and carry out all the useful findings;
4° collect or collect samples under their supervision and have them analysed.
§ 4. Officials and agents, appointed by the King, note the breaches of the provisions made, on the one hand, under international agreements and treaties with regard to the use of genetically modified organisms and, on the other hand, the cooperation agreement of 25 April 1997 between the Federal State and the Regions relating to administrative and scientific coordination in the field of biosafety, and the enforcement orders, by issuing minutes to the contrary; a copy of the record shall be transmitted to the offender within fifteen calendar days of the finding.
§ 5. Offences to the measures taken, on the one hand, under international agreements and treaties with regard to the use of genetically modified organisms and, on the other hand, the cooperation agreement of 25 April 1997 between the Federal State and the Regions relating to the administrative and scientific coordination of biosecurity, or to the decrees taken in execution of it, may be punished by a prison sentence of one month to two years francs.
The verbalizing official sends the minutes that notices the offence to the King's attorney and a copy to the officer designated by the King.
§ 6. The King's prosecutor decides whether or not to prosecute criminally.
Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them.
§ 7. The King's Attorney shall have a period of three months, from the date of receipt of the minutes, to notify the King's designated official of his decision.
In the event that the King's prosecutor waives criminal proceedings or fails to notify his or her decision within the time limit, the officer designated by the King decides, in accordance with the terms and conditions fixed by him or her, after placing the person concerned in a position to present his or her defence, if it is necessary to propose an administrative fine of the head of the offence.
§ 8. The grievor's decision is rightly motivated and sets out the amount of the administrative fine that cannot be less than the minimum of the fine provided for by the legal provision violated, nor greater than the minimum.
However, these amounts are still increased by additional decimals for fines.
In addition, the costs of expertise are borne by the offender.
§ 9. In the event of an infringement examination, the amounts of administrative fines are accumulated, without their total being able to exceed the maximum prescribed in § 5 of this article.
§ 10. The decision, referred to in § 8 of this article, is notified to the person by registered letter to the position, together with an invitation to pay the fine within the time limit set by the King. This notification extinguishes public action; the payment of the administrative fine terminates the action of the administration.
§ 11. If the employee remains in default of paying the fine and the costs of expertise within the time limit, the employee shall continue to pay the fine and the costs of expertise before the competent court. The provisions of the Judicial Code, including Part IV, Book II and Book III, are applicable.
§ 12. An administrative fine may not be imposed three years after the act constituting an offence under this Act.
However, acts of instruction or prosecution, made within the period specified in the preceding paragraph, interrupt the course.
These acts result in a new period of equal duration, even in respect of persons who are not involved.
§ 13. The King determines the applicable procedural rules for administrative fines.
Administrative fines are paid on a special account of the budget of the Ministry of Social Affairs, Public Health and the Environment.
§ 14. The legal person whose offender is the organ or agent is also responsible for the payment of the administrative fine. »
PART 4
Pensions
Art. 227
Article 12, § 3, 2°, of the Act of 28 April 1958 on the pension of staff of certain public bodies and their entitled persons, replaced by the Act of 20 July 1991, is supplemented as follows:
"(e) the monthly provisions and regularization for the preceding year, paid under section 8, paragraphs 1^er and 2, of the Royal Decree of 27 February 1997 enforcing Article 56, paragraph 7, of the special law of 12 January 1989 on the Brussels Institutions. "
Art. 228
In the second column of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, in relation to the fund "21.1. Survival Pension Funds are amended as follows:
1° it is inserted an 8°bis, written as follows:
"8°bis. Monthly provisions and regularization for the preceding year, paid under section 8, paragraphs 1^er and 2, of the Royal Decree of 27 February 1997 implementing Article 56, paragraph 7 of the Special Law of 12 January 1989 on the Brussels Institutions; »;
2° on 9° is supplemented by the words "and article 9 of the royal decree of 27 February 1997 referred to above."
Art. 229
In the same column, in relation to the Fund " 21.2. Pensions for staff of public interest organizations (Act of 28 April 1958) are amended as follows:
1° the words "Financing Advances" in 1° are replaced by the word "Contributions";
2° 2° is replaced by the following provision:
"2° Monthly provisions and regularization for the preceding year, paid under Article 8, paragraphs 1^er and 2, of the Royal Decree of 27 February 1997 implementing Article 56, paragraph 7, of the Special Law of 12 January 1989 on the Institutions of Brussels; "
Art. 230
In Article 1^er the Act of 14 April 1965 establishing certain relations between the various public sector pension schemes, as amended by the Acts of 6 July 1971, 11 July 1975 and 4 June 1976, are amended as follows:
1° the words "cbis" of LA POSTE;" are deleted;
2° the words "cter" of the Régie des transports maritimes; » are deleted.
Art. 231
Sections 227 to 229 come into force on the day of the publication of this Act to the Belgian Monitor.
Article 230, 1° produces its effects on 1^er January 1997 and Article 230, 2° produced its effects on 26 February 1997.
Art. 232
Article 18, § 2, paragraph 2, of the Act of 12 February 1963 on the organization of a pension and survival plan for the benefit of the free insured persons, as amended by Royal Decree No. 478 of 5 December 1986, is replaced by the following provision:
"The beneficiary is a pension resulting from payments made under Article 3, §§ 1^er and 2 of this Act, i.e. an annuity consisting of payments of free insured persons under the laws relating to insurance for old age and premature death, coordinated by the Order of the Régent of 12 September 1946, may, at the time or after the opening of its rights, receive in full cash the capitalized value.
The redemption of an old-age pension or annuity leads to the redemption of the pension or the corresponding surviving pension. "
Art. 233
Section 22, § 2, of the Act of July 12, 1957 on employee pension and survival, as amended by the Act of June 5, 1970, is supplemented by the following paragraphs:
"An organization authorized under the Act of 18 June 1930 on insurance for the age and premature death of employees may, at any time, waive the ability to enter into assurances of the extra-legal benefits referred to in paragraph 1^er and the management of the insurances entered into, upon resumption, by the National Pension Board or by one of the Joint Insurance Funds approved under the Act of 18 June 1930 referred to above, to its rights and obligations, assets and liabilities, relating to the insurance of the extra-legal benefits under paragraph 1^er.
The King sets out the terms and conditions for the application of the preceding paragraph. »
Art. 234
In Royal Decree No. 50 of 24 October 1967 relating to the retirement and survival pension of employed workers is inserted an article 41septies, which reads as follows:
"Art. 41septies. C The National Pension Board takes over the rights and obligations of the General Savings and Retirement Fund with respect to the application of the Act of February 12, 1963 on the organization of a pension and survival plan for the benefit of free insured persons.
The King shall determine the date of entry into force and the terms and conditions of application of this section and may amend the Act of 12 February 1963 referred to above to bring it into conformity with the amendment referred to in the preceding paragraph. "
Art. 235
Article 41 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers is supplemented by the following paragraph:
"The National Pension Board may in respect of real property referred to in section 16, paragraph 1^er, e), of the Royal Decree of 13 September 1971 implementing Chapter I of the Act of 28 May 1971 establishing the unification and harmonization of the capitalization regimes established under the laws relating to insurance for old age and premature death, transacting, compromising and concluding arrangements to amicable, with the agreement of the Ministers with the Pensions and Budget in their powers. "
Art. 236
Article 1^er of the Royal Decree of 23 April 1997 amending Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers and the Royal Decree of 23 December 1996 enforcing articles 15, 16 and 17 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, produces its effect on 1^er January 1996.
Art. 237
The regime provided for in Article 23 of the same Royal Decree of 30 January 1997 relating to the pension scheme of self-employed persons, pursuant to Articles 15 and 27 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes, and Article 3, § 1^er, 4°, of the law of 26 July 1996 aimed at realizing the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, is also applied for cumulations that occur from 1^er January 1987.
Art. 238
Article 6, § 2, paragraph 2 of the Royal Decree of 30 January 1997 on the pension scheme of self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes and article 3, § 1^er, 4°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, confirmed by the law of 26 June 1997 and amended by the Royal Decrees of 21 March 1997 and 25 April 1997, is replaced by the following two paragraphs:
"The amount referred to in the previous paragraph, 3°, is related to the Consumer Price Index 341,17 (1971 = 100). It is suitable to increase it to the price level of the year in question by multiplying it by a fraction of which the denominator is 341,17 and the numerator is equal to the average of the monthly consumer price indices for the year in question.
When the year before the year before the year in which the pension is taken, the average referred to in the preceding paragraph is determined by holding, for each of the last three months of the year in question, the index of the corresponding month of the previous year multiplied by the coefficient obtained by dividing the index of the month of September of the year for which the average must be determined by the index of the same month of the previous year. "
Art. 239
Article 9, § 2, paragraph 2 of the Royal Decree of 30 January 1997 on the pension scheme of self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes and article 3, § 1^er, 4°, of the law of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, confirmed by the law of 26 June 1997 and amended by the Royal Decrees of 21 March 1997 and 25 April 1997, is replaced by the following paragraph:
"The amount referred to in the previous paragraph, 3°, is related to the Consumer Price Index 341,17 (1971 = 100). It is adapted, in order to increase it to the price of the year concerned, in accordance with the terms set out in Article 6, § 2, 2nd and 3rd paragraphs. "
Art. 240
Articles 238 and 239 produce their effects on 1^er July 1997.
Art. 241
Article 1^er of the Act of 5 August 1968 establishing certain relationships between public and private sector pension plans is supplemented by the following paragraph:
"The King sets out on the proposal of Ministers who have the Pensions, Finance and Budget in their responsibilities, each year, in a lump-sum manner and for each institution referred to in paragraph 1, the amounts to be paid under 1 and 2 of that paragraph. "
Art. 242
Section 241 produces its effects on 1^er January 1997.
Art. 243
Section 20 of the Act of 11 April 1995 to establish a charter of the social insured, as amended by the Act of 25 June 1997, is supplemented by paragraph 4, which reads as follows:
"The interests referred to in paragraph 1^er are in any event not due when advances are paid, and that:
C the final decision depends on information that must be provided by the applicant himself or by an institution not referred to in section 2 of this Act;
C the final decision is based on the decision of two or more pension agencies and provided that pension claims have been filed within eight months prior to the date of taking the pension;
It is only at the time of the final decision that the social insured person meets the conditions required to be entitled to a minimum benefit. "
Art. 244
Article 60bis, § 1^er, paragraph 2, 2° and 3°, of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, inserted by Royal Decree No. 513 of 27 March 1987, the words "among its members" are deleted.
PART 5
Social status of independents and SMEs
CHAPTER I
Social insurance in case of bankruptcy
Art. 245
Article 1410, § 2 of the Judicial Code is supplemented as follows:
"9° to the benefit referred to in Article 7 of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and assimilated persons, pursuant to Articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes. "
Art. 246
In the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes, an article 7bis is inserted, as follows:
"Art. 7bis. C Without prejudice to the provisions of Article 6 of this Order, the action in payment of the benefit provided for in Article 7 shall be prescribed by three years.
The three-year period takes place on the first day of the quarter following that of the declarative judgment of bankruptcy or the judgment of resolution of the concordat after bankruptcy.
In addition to the causes set out in the Civil Code, the prescription is interrupted by a request for payment filed by registered letter to the position with the competent body. The interruption is valid for three years and can be renewed.
In no case shall the competent body give up the benefit of the limitation set out in this article. "
Art 247
An article 8bis, as follows, is inserted in the same order:
"Art. 8bis. C The repetition of the benefit referred to in section 7 and unduly paid shall be prescribed by three years from the date the payment was made.
In addition to the causes provided by the Civil Code, the limitation is interrupted by the claim of undue payments notified to the debtor by registered letter to the post.
The limitation period shall be increased to five years if the benefit paid unduly was obtained as a result of fraudulent manoeuvres or false or knowingly incomplete statements, or if the beneficiary of the benefit did not comply with the undertaking referred to in section 5. "
Art. 248
An article 10bis, as follows, is inserted in the same order:
"Art. 10bis. C Where, as a result of negligence of a social insurance fund, the benefit referred to in section 7 has been paid unduly and the repetition of the undue is impossible, the social insurance fund shall be held liable by decision of the Minister having the social status of the self-employed in his or her duties, the amounts in question being charged with the proceeds of the contributions to cover the administrative expenses of the credit union concerned. "
Art. 249
The provisions of this chapter shall have effect on 1^er July 1997.
CHAPTER II
Community pre-retirement aid regime in agriculture
Art. 250
In the Act of 23 December 1994 establishing a community regime, aids to pre-retirement in agriculture, an article 13bis is inserted, as follows:
"Art. 13bis. C § 1^er. Unduly paid supplements are recovered by the Ministry of Average Classes and Agriculture. In cases where an amicable settlement with the debtor or his heirs is impossible, the Department may, after the debtor is placed in a registered letter to the position, order the National Pension Board:
1° to recover the debt through total or partial compensation with the surcharges that are still payable to the beneficiary or his surviving spouse;
2° to recover the debt, in the manner referred to in Article 1410, § 4 of the Judiciary Code, on other benefits paid by the National Office, in cases where there are no more supplements payable under the 1° above.
§ 2. If the debtor no longer receives benefits paid by the National Office, recovery may be done by any means of law.
§ 3. The King shall, by order of royal deliberation in the Council of Ministers:
C the destination of recovered supplements;
C the rules of taking care of unduly paid supplements whose recovery is impossible. "
PART 6
Social integration
CHAPTER I
Emergency medical assistance
Art. 251
Article 1^er of the Act of 8 July 1964 on emergency medical assistance is replaced by the following provision:
“Article 1^er. C The purpose of this Act is to organize urgent medical assistance.
Urgent medical assistance means that the immediate relief dispensation appropriate to all persons whose state of health as a result of a sudden accident or illness or the sudden complication of a disease requires urgent intervention after a call to the unified call system by which relief, transportation and reception are provided in an adequate hospital service.
The King determines how to operate and manage emergency medical assistance. It ensures that all stakeholders respect the compliance of their acts with the purpose of this Act. "
Art. 252
An article 4bis, as follows, is inserted in the same law:
"Art. 4bis. C Upon request of the unified call system attendant, the "emergency mobile service" function response team is required to travel to the specified location, to perform urgent medical and nursing actions, if any, to the patient's supervision and care when it is transferred to the hospital that is indicated to it or, in the cases determined by the King, to the most appropriate hospital of the patient's account. "
Art. 253
In section 5 of the Act, the following amendments are made:
1° in the French text, in paragraph 1^erthe word "system" replaces the word "service";
2° in paragraph 3, the words "in the operation of emergency medical assistance" replace the words "in the operation of the unified call system".
Art. 254
In section 6 of the Act, the following amendments are made:
1° the words "that responds, if any, to the request of the physician of the "emergency mobile service" function that is located with the patient and that, in accordance with section 4bis, designates him the most appropriate hospital" are inserted between the words "unified call system" and "any person responsible";
2° the word "allow" is replaced by the word "host".
Art. 255
In section 7 of the Act, the following amendments are made:
1° in § 1^er, the words "insurance companies" are replaced by the words "insurance companies";
2° § 3 is replaced by the following provision:
“§3. The Emergency Medical Assistance Fund is fed for 2/3 by the contributions of the companies referred to in § 1^er and for 1/3 by an annual state subsidy. "
Art. 256
The following amendments are made to section 8, 2°:
1° to 2°, paragraph 1^erthe words "carriers and hospitals, as provided for in sections 5 and 6, respectively" are replaced by the words "mobile emergency services" and ambulance services provided for in sections 4bis and 5" respectively;
2° to 2°, paragraph 2, the words "carriers and hospitals" are replaced by the words "mobile emergency services" and ambulance services".
Art. 257
In section 9, paragraph 2, of the Act, the words "carriers and hospitals" are replaced by the words "mobile emergency services" and ambulance services".
Art. 258
In section 10 of the Act, as amended by the Act of 2 March 1971, the following amendments are made:
1° in paragraph 1^erthe words "carriers and hospitals" are replaced by the words "mobile emergency services" and ambulance services";
2° in paragraph 2, the words "the carrier and the hospital" are replaced by the words "the emergency mobile service function" and the ambulance service".
Art. 259
Article 11, paragraph 1^erin the same Act, as amended by the Act of 22 February 1994, the words "50 to 500 francs" are replaced by the words "100 to 1,000 francs" and the words "or an emergency mobile service" are inserted between the words "the operation of an ambulance service" and "who, having been the object".
Art. 260
Sections 251 to 259 come into force on 1^er January 1998.
CHAPTER II
Disability allowances
Art. 261
Article 4, § 1^er, 5°, of the Act of 27 February 1987 on Disability Allowances, inserted by the Act of 20 July 1991, is supplemented as follows:
"and in Article 20, § 2, of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers. "
Art. 262
Article 11bis, § 1^erthe same Act, which was inserted by the Act of 25 July 1994, is amended as follows:
1° in § 1^erthe following paragraph shall be inserted between paragraphs 1^er and 2:
"However, when the day on which the right to the allowance is taken preceded by the date on which the application is filed, the period shall take place on the first day of the month following the day on which the application is filed. »;
2° in paragraph 2, the words "paragraph 4" are replaced by the words "paragraph 5".
Art. 263
Article 16 of the same law is inserted a § 3bis, which reads as follows:
Ҥ3bis. It is renounced from office to the recovery of unduly paid allowances, at the death of the one to which they were paid if, at that time, the recovery decision had not yet been notified to the interested party.
However, he is not renounced by office:
(a) in the event of dol or fraud;
(b) if, at the time of the death of the person concerned, there are allowances not yet paid. In this case the recovery is carried out on accrued but not yet paid to the individual or persons referred to in section 15;
(c) when the amount to be recovered exceeds the amount to be determined by the King. "
Art. 264
Section 18 of the Act is supplemented by the following paragraph:
"The caregivers are required to provide any information or documents that are relevant to the assessment of the reduction in gain capacity and/or lack or reduction of autonomy. The communication or use of this information and documents is subject to respect for medical secrecy. "
Art. 265
In section 19 of the Act, paragraph 2, inserted by section 164 of the Act of 26 June 1992 dealing with social and other provisions, becomes paragraph 5.
Art. 266
In Article 7 of the Law of 27 February 1987 on Disability Allowances, a new § 3 is inserted, as follows:
“§3. With respect to the allowance for assistance to older persons, and by derogation from § 1^er, paragraph 2, the King may, by order deliberately in the Council of Ministers, determine the terms under which the ceiling for an isolated beneficiary may be applied to the cohabiting beneficiary when the cohabiting beneficiary dwells or is going to live with parents or allies in the first or second degree or when they live or go to live with him. "
Art. 267
Article 13, § 2, first sentence, of the same law, replaced by the law of 30 December 1992, is replaced by the following provision:
“§2. The income replacement allowance and integration allowance may be granted in advance on the benefits referred to in § 1 respectively.^erParagraph 1^er1° and 2°. "
Art. 268
This chapter comes into force on the day of its publication to the Belgian Monitor, with the exception of Article 262 which comes into force on a date to be fixed by the King.
CHAPTER III
Poverty and social integration
Art. 269
Section 4 of Chapter IV of the Act of 22 December 1995 on measures to implement the multi-year employment plan is replaced by the following title:
"Beneficiaries of the minimum means of existence and beneficiaries of the financial social assistance registered in the population register. "
Art. 270
Article 33, § 1^er, from the law of 22 December 1995, as amended by the law of 29 April 1996, the word "additional" is deleted.
Art. 271
In Article 33, § 2, of the Act of 22 December 1995 referred to above, the words "and defines what must be heard by additional employment" are deleted.
Art. 272
Article 2 of the Act of 7 August 1974 establishing the right to a minimum of means of existence is supplemented by a § 5, which reads as follows:
“§ 5. By derogation from the general provisions of §§ 1^er and 3 and in Article 5, the minimum of means of existence is:
1° 6 000 francs per month calendar when the person concerned is bound by a contract of first professional experience in midtime;
2° 10,000 francs per month calendar when the person concerned is bound by a contract of work in a program of professional transition whose work regime is at least half-time;
3° 12 000 francs per month calendar when the person concerned is bound by a contract of work in a program of professional transition whose work regime includes at least three quarters of a full-time schedule;
4° 17,500 francs per month calendar when the person concerned, beneficiary of the minimum of means of existence is bound by a contract of work which provides for a work schedule at least half-time within the framework of a recognized workstation within the meaning of Article 2 of the Royal Decree of 8 August 1997 of execution of Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers concerning the professional reintegration of long-term unemployed persons;
5° 22,000 francs per month calendar when the person concerned, beneficiary of the minimum of means of existence is bound by a contract of work which provides for a work schedule at least 4/5th time in the context of a recognized workstation within the meaning of Article 2 of the Royal Decree of 8 August 1997 of execution of Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers concerning the professional reintegration of long-term unemployed persons;
6° 6 000 francs per month calendar when the person concerned, beneficiary of the minimum of means of existence is bound by a contract of employment that provides for a work schedule at least half-time and for which the employer is entitled to the exemption of the employer contributions referred to in section 3 of the Royal Decree of 27 December 1994 carrying out chapter II of Part IV of the Act of 21 December 1994 relating to social provisions.
The amounts referred to in 2° and 3° are increased by 2 000 francs when the person concerned has previously made a commitment to benefits under local employment agencies.
However, the minimum amount of livelihood referred to in the preceding paragraphs is limited to the net salary to which the worker is entitled for the calendar month concerned.
As part of the grant of the beneficiaries of the minimum means of existence to the various programmes for employment and in order to support the policy of employment in favour of the minimexes, the King may, by order deliberately in the Council of Ministers, set other amounts of minimum means of existence and determine the conditions of granting them. The King may also, by order deliberately in the Council of Ministers, adapt the amounts and conditions mentioned in paragraphs 1^er and 2.
If, after application of the provisions contained in the preceding paragraphs, the person concerned has resources less than the minimum amount of means of existence to which he may claim under the general provisions of §§ 1^er and 3 and in Article 5, a minimum of means of existence shall be granted to it in accordance with these provisions. "
Art. 273
Article 18, § 4 of the Act, is supplemented by the following paragraphs:
"A grant remains payable to the Public Centre for Social Assistance when the centre concludes for a beneficiary of a minimum of means of existence a labour agreement with a private enterprise, pursuant to section 61 of the Act of 8 July 1976 of the Social Aid Public Centres.
This grant must be entirely devoted to the supervision in the company or in the Social Aid Public Centre and to the training of beneficiaries referred to in paragraph 1^er.
The King shall, by order deliberately in the Council of Ministers, determine the amount of the subsidy referred to in paragraph 2, as well as the conditions, duration and terms under which the grant is granted. "
Art. 274
Article 18, § 5, of the Act, is supplemented by the following paragraph:
"The grant is 100% when the minimum means of existence is granted under Article 2, § 5. "
Art. 275
Article 5, § 4, of the Law of 2 April 1965 on the Care of Relief granted by the Public Centres of Social Assistance, is supplemented by the following paragraph:
"The grant is equal to 100% of the amount of the assistance costs granted to the indigent referred to in the preceding paragraph when the assistance is granted under the same conditions as those set out in Article 2, § 5, of the Act of 7 August 1974 establishing the right to a minimum of means of existence. "
Art. 276
Article 60, § 7, of the Law of 8 July 1976 concerning the Public Centres of Social Assistance, is replaced by the following text:
Ҥ 7. When a person is required to justify a period of work to obtain the full benefit of certain social benefits, the Social Aid Public Centre shall make every provision to obtain employment. Where applicable, it provides this form of social assistance by acting as an employer for the period covered.
By derogation from the provisions of Article 31 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, workers engaged in the bonds of a contract of work by the Public Centres of Social Assistance, pursuant to this paragraph, may be made available by these centres to municipalities, non-profit associations, or intercommunals for social purposes "
Art. 277
Article 5 § 2, alinea 1^er, of the Act of 7 August 1974 establishing the right to a minimum of means of existence, is supplemented as follows:
"(e) regional allowances and allowances for moving, installation and rent granted to the person concerned."
Art. 278
Sections 269 to 276 come into force on 1^er January 1998.
CHAPTER IV
Miscellaneous provisions
Art. 279
Article 58 of the Organic Law of 8 July 1976 on the Social Aid Public Centres, as amended by the Act of 5 August 1992, is repealed.
Art. 280
Article 18, § 7, of the law of 7 August 1974 establishing the right to a minimum of means of existence, as amended by the law of 12 January 1993 is supplemented by the following paragraph:
"By derogation from the provisions of articles 28, paragraph 2, and 57 of the Royal Decree of 17 July 1991 on the coordination of the laws on State accounting, the amounts of subsidies paid in excess of the Social Aid Public Centres and relating to years prior to the current year are considered advance on the grant of the current year. "
Art. 281
Within the limits of the budget of his department, the Minister who has public health in his or her responsibilities, may grant an annual grant to the National Centre for the Prevention and Treatment of Intoxications, known as the Centre Antipoisons. The King determines the terms and conditions under which this grant is granted.
Art. 282
§ 1^er. The Fire Services Equipment Acquisition Fund for Agglomerations, Inter-Community and Common Equipment is abolished.
The means available at 1^er January 1997 is disaffected and added to Treasury's general resources.
§ 2. In the table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990, section 13-3 is deleted.
Art. 283
From 1^er January 1998 a contribution will be collected to a maximum of 10% of the amount of the special liability insurance premium to be concluded by the organizers of events and sports competitions for motor vehicles, played in whole or in part on the public road. This contribution, in charge of the organizers, must be paid on an account of the Ministry of the Interior and added to the general resources of the Treasury.
The prior and written authorization of the townships in the territory of which these trials or competitions take place, as determined in section 9 of the Road Traffic Police Act, coordinated by the Royal Decree of 16 March 1968, refers to the provision of paragraph 1^er of this article.
Art. 284
Chapter VI of Part II, "De l'allocation de fin d'année", of the program law of the... bearing various provisions, is applicable to staff of public interest organizations in categories B and D referred to in section 1^er of the Act of 16 March 1954 relating to the control of certain bodies of public interest that are subject to the authority, control or guardianship of the State.
It is also applicable to staff of public social security institutions referred to in the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions pursuant to section 47 of the Act of 26 July 1996 on social security modernization and the sustainability of legal pension schemes.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 February 1998.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
For the Minister of the Interior, absent:
Minister of Public Service,
A. FLAHAUT
Minister of Finance,
Ph. MAYSTADT
The Minister of Budget,
H. VAN ROMPUY
Minister of Public Health and Pensions,
Mr. COLLA
For the Minister of Employment and Labour, absent:
Deputy Prime Minister and Minister of Budget,
H. VAN ROMPUY
For the Minister of Social Affairs, absent:
Deputy Prime Minister
and Minister of Economy and Telecommunications,
E. Dl RUPO
Minister of Agriculture
and Small and Medium Enterprises,
K. PINXTEN
Minister of Justice,
S. DE CLERCK
Minister of Public Service,
A. FLAHAUT.
The Secretary of State for Social Integration,
J. PEETERS
Seen and sealed the state seal:
For the Minister of Justice, absent:
Minister of National Defence,
J.-P. PONCELET
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