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16 AOUT 2016. - An Act to Merge the Industrial Accidents Fund and the Occupational Diseases Fund

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Definitions
Art. 2. For the purposes of this Act, it shall be understood by:
1° "Institution": the public social security institution referred to in Article 3;
2° "Management Committee": a management committee referred to in section 2 of the Act of April 25, 1963 on the management of public welfare and social welfare agencies.
CHAPTER 3. - Creation of the institution Fedris
Art. 3. 1^er January 2017, the Industrial Accidents Fund, established by Royal Decree No. 66 of 10 November 1967, extending the powers of the Provident and Relief Fund for Victims of Industrial Accidents and amending its name to the "Work Accidents Fund", becomes the Federal Occupational Risk Agency, shortened by "Fedris".
The Institute has its headquarters in one of the municipalities of the Brussels-Capital Region. It can exercise its powers decentralizedly.
CHAPTER 4. - Missions of the institution Fedris
Art. 4. The Institute is responsible for the tasks referred to in sections 58 and 58bis of the April 10, 1971 Labour Accidents Act.
From 1^er January 2017, the previous missions to the Professional Diseases Fund referred to in Article 6 of the Acts relating to the Prevention of Occupational Diseases and the Compensation of Damage resulting from them, coordinated on June 3, 1970, are transferred to the Institute.
CHAPTER 5. - Management of the Fedris institution
Section 1^re. - Joint management
Art. 5. § 1^er. The Institute is managed by the following management committees:
1° the General Management Committee;
2° the Industrial Accident Management Committee;
3° the occupational disease management committee.
§ 2. Each management committee consists of:
1° a president;
2° seven members designated by employers' representative organizations and seven members designated by workers' representative organizations.
Only members have a deliberate vote.
The Commissioners of the Government, referred to in Article 23 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, shall attend meetings with an advisory voice.
§ 3. The King appoints the President, who is the same for each management committee, and the members of the management committees, in accordance with the provisions of the Act of 25 April 1963 on the management of organizations of public interest in social security and social welfare.
The person designated by the King as Chairman of the General Management Committee referred to in Article 5, § 1^er, 1°, ex officio chairs the occupational accident management committee and the occupational disease management committee referred to in Article 5, § 1^erTwo and three.
§ 4. The occupational accident management committee referred to in § 1^er, 2°, in addition, has a representative of the National Bank of Belgium and a representative of the Autorité des services et marchés financiers (in abbreviated FSMA), who participate in his work with an advisory voice.
Art. 6. § 1^er. The General Management Committee has all the skills that are not specifically assigned to the Work Accident Management Committee or the Occupational Disease Management Committee.
He is solely competent to conclude the contract of administration of the Institute, after the advice of the two management committees referred to in Article 5, § 1^er, 2° and 3° concerning missions relating to the subjects under their jurisdiction in accordance with §§ 2 and 3.
§ 2. The occupational accident management committee is competent for the tasks referred to in Article 4, paragraph 1^er.
§ 3. The occupational disease management committee is competent for the tasks referred to in Article 4, paragraph 2.
Art. 7. § 1^er. Each of the management committees referred to in Article 5 sets out its rules of procedure, the content of which is determined in accordance with the provisions of the Act of April 25, 1963 on the management of organizations of public interest in social security and social welfare.
§ 2. When the summons expressly mentions it, members may attend the remote meeting through an electronic means of communication. The member who participates remotely in the meeting is considered present.
§ 3. The General Management Committee referred to in Article 5, § 1^er, 1°, means, among staff members, the persons responsible for the secretariat of the management committees.
Section 2. - Daily management
Art. 8. The holder of a management function in charge of day-to-day management and his deputy are appointed and manage the Institute in accordance with the provisions of the Act of April 25, 1963 on the management of public interest bodies of social security and social security, and the Royal Decree of November 30, 2003 on the designation, exercise and weighting of management functions, as well as the designation and exercise of supervisory functions
They exercise this daily management under the authority of the three management committees.
CHAPTER 6. - Human resources
Art. 9. With the exception of management functions, staff are appointed, promoted and revoked by the General Management Committee in accordance with the rules of the Staff Regulations of Public Social Security Institutions.
Art. 10. § 1^er. All persons who, as at 31 December 2016, carry out their activities in the Professional Diseases Fund, are effective 1^er January 2017, transferred to the Institute.
The same applies to staff members of the Vocational Diseases Fund who, as at 31 December 2016, are temporarily absent as well as those who have been recruited prior to the latter date for post-employment.
§ 2. The King establishes a nominative list of members of the statutory staff who, pursuant to the preceding paragraph, are transferred to the Institute. This list is published in the Belgian Monitor.
The transfers referred to in this paragraph do not constitute new appointments.
§ 3. Staff members contracted and who pursuant to paragraph 1^er are transferred to the Institute, by simply signing an annex to their contract of work, benefit from the same contract as that which is in effect on the eve of their transfer.
§ 4. The staff members transferred shall retain the status of an intern officer, a final officer or a contract staff member and the grade or class they held on the day before their transfer.
The intern staff member is considered to be a grade or class holder for whom he or she has applied.
§ 5. Transferred personnel retain their seniority of level, grade, service, class and scale.
§ 6. The staff members transferred to the Fund retain their assessments. These evaluations remain valid until a new evaluation is issued within the Institute.
§ 7. Staff who have been awarded a review or a comparative selection of higher-level accessions or a review or selection of grade advances or a trial of these examinations or selections, held at the Professional Diseases Fund, maintain the benefits of this success.
§ 8. Until new provisions come into force within the Institute, staff members who were part of the Professional Diseases Fund remain subject to the provisions applicable to them in respect of allowances, bonuses, allowances and other benefits within the Professional Diseases Fund. They retain the benefit only provided that these benefits have been regularly granted to them and that the conditions to which their grant is subordinate remain in the head of beneficiaries.
§ 9. All staff of the Professional Diseases Fund are transferred with maintenance of the baremic scale and the pecuniary seniority they acquired on the eve of their transfer under the legal and regulatory provisions applicable to them on that date. In any case, they receive the same treatment as they would have benefited if they had been able to continue their career in the Professional Diseases Fund.
Art. 11. The language frameworks of the Occupational Diseases Fund and the Industrial Accidents Fund are repealed and replaced by the linguistic frameworks of the Institute.
CHAPTER 7. - Material and financial resources
Art. 12. All assets, rights and legal and contractual obligations of the Professional Diseases Fund are transferred to 1^er January 2017 at the Institute.
Art. 13. The budget of the Institute is composed, in accordance with Article 11 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions and pursuant to Article 47 of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, of two separate parts:
1° the mission budget that includes the revenues and expenses related to the different missions of the Institute;
2° the management budget that includes the revenues and expenses related to the management of the Institute.
Art. 14. Each management committee referred to in Article 5, § 1^er, 2° and 3° shall establish a budget proposal for missions relating to matters within its competence.
These budget proposals are submitted for approval by the General Management Committee as part of the Institute's general budget.
Art. 15. The Institute's management budget and accountability fall within the exclusive competence of the General Management Committee.
CHAPTER 8. - Miscellaneous provisions
Art. 16. The King may repeal, amend, supplement or replace the legal provisions in force to bring them into line with the provisions of this Act.
Art. 17. Whenever a legal or regulatory provision mentions or targets the Industrial Accidents Fund or the Occupational Diseases Fund, this provision should be read as a reference or a reference to the Institute.
Art. 18. The Vocational Diseases Fund, established by the Act of 24 December 1963 on the repair and prevention of damage caused by occupational diseases, is dissolved on the date of 1^er January 2017.
Art. 19. Article 1^er, 3°, of the Act of 22 July 1993 on certain measures in public service, the words "the Professional Disease Fund" are repealed and the words "the Industrial Accidents Fund" are replaced by the words "the Federal Professional Risk Agency".
CHAPTER 9. - Transitional provisions and entry into force
Art. 20. § 1^er. A person who, as of December 31, 2016, is designated for the performance of the duties of deputy head of the Industrial Accidents Fund, shall be designated ex officio ad interim, from 1^er January 2017 and until the expiry of its current mandate, for the exercise of the position of Director General of the Institute in the class of treatment as determined at the beginning of its term.
It retains the evaluations attributed to it pursuant to the Royal Decree of 30 November 2003 on the designation, exercise and weighting of management functions and the designation and exercise of supervisory and managerial functions in public social security institutions.
§ 2. The person who, as of December 31, 2016, is designated for the performance of the functions of Deputy Director General of the Professional Diseases Fund, shall be designated as an ex officio, from the date of dissolution of that institution and to the expiry of its current mandate, for the performance of the position of Deputy Director General of the Institute in the class of treatment as determined at the beginning of its term.
It retains the evaluations attributed to it pursuant to the Royal Decree of 30 November 2003 on the designation, exercise and weighting of management functions and the designation and exercise of supervisory and managerial functions in public social security institutions.
Art. 21. § 1^er. Persons who, as of December 31, 2016, are designated as members of the Labour Accidents Fund Management Committee shall be designated as ex officio from 1^er January 2017 and until the expiry of their current mandate, as members of the Industrial Accident Management Committee referred to in Article 5, § 1^erTwo.
Persons who, as of December 31, 2016, are designated as members of the Management Committee of the Professional Diseases Fund, shall be designated as ex officio from 1^er January 2017 and until the expiry of their current mandate, as members of the occupational disease management committee referred to in Article 5, § 1^erThree.
§ 2. A person who, as of December 31, 2016, is designated as Chair of the Industrial Accidents Fund Management Committee shall be appointed ex officio ad interim from 1^er January 2017, until the expiry of its current mandate, as Chair of the three Management Committees referred to in section 5.
Art. 22. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Hyères, August 16, 2016.
PHILIPPE
By the King:
The Minister of Social Affairs,
Mr. DE BLOCK
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-1958
Full report: 20 July 2016