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10 JULY 2016. - An Act to assign new missions of perception and integration of certain missions and a portion of the staff of the Office of special social security schemes to the National Office of Social Security and to regulate certain matters relating to Famifed and the Federal Service of Pensions (1)

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. - Amendments to social security
Art. 2. The title of Chapter I^er of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers is replaced by the following:^er. - Definitions and scope".
Art. 3. Article 1^er§ 1^er, of the same Act, as amended by the Act of 15 May 2014, is supplemented by two paragraphs, as follows:
"For the purposes of this Act, it is necessary to hear by "provincial and local authorities",
- the provinces;
- public institutions that depend on the provinces;
- municipalities;
- public institutions that depend on municipalities;
- associations of municipalities;
- CPAS;
- CPAS associations;
- public institutions that depend on CPAS;
- agglomerations and federations of municipalities;
- public institutions that depend on the cities and federations of municipalities;
- the local police areas established on the basis of the Act of 7 December 1998 on the organization of an integrated police service, structured at two levels;
- emergency areas established on the basis of the Civil Security Act of 15 May 2007;
- the French Community Commission and the Flemish Community Commission;
- the regional economic bodies referred to in chapters II and III of the Framework Law of 15 July 1970, organizing the planning and economic decentralization modified by the decree of 25 May 1983 of the Walloon Regional Council, the order of 20 May 1999 of the Brussels Capital Region and the decree of the Flemish Council of 27 June 1985;
- "Bruxelles-Propreté, Agence régionale pour la Propreté";
- the "Service d'Incendie et d'Aide médicale urgente de la Région de Bruxelles-Capitale";
- associations of several organizations mentioned above;
- the asbl "Vlaamse Operastichting" for the staff members who were appointed definitively to the Intercommunal "Opera voor Vlaanderen" and who are taken over with their status.
For the purposes of this Act, it shall be understood by:
- the "Management Committee": the Management Committee referred to in Article 4ter, § 1^erthe Act of 25 April 1963 on the Management of Public Interest Organizations for Social Security and Social Security, as amended by section 38;
- the "Social Security Management Committee" the Management Committee referred to in Article 4ter, § 2 of the aforementioned Law of 25 April 1963.
Art. 4. Section 1 title^re Chapter II of the Act is replaced by the following: "Section 1^re. - Missions."
Art. 5. In section 1^re Chapter II of the Act provides for the insertion of an article 5/1 as follows:
"Art. 5/1. The National Social Security Office is also responsible for collecting and collecting contributions, deductions, contributions or other revenues as follows:
1° the contribution referred to in Article 12, § 2, of the Act of 28 April 1958 relating to the pension of staff of certain public bodies and their beneficiaries;
2° the percentage of the wage mass referred to in section 10, paragraph 2, of the Act of 6 July 1971 on the creation of bpost and certain postal services;
3° the deduction referred to in section 39quater of the Act of 29 June 1981 establishing the general principles of social security of employed workers, with the exception of staff in local police zones and provincial governors, mayors, chevines and presidents of public social assistance centres.
4° the personal contribution referred to in section 60 of the Act of 15 May 1984 concerning measures of harmonization in pension plans;
5° the employer contribution referred to in Article 176, § 4, of the Act of 21 March 1991 on the reform of certain economic public enterprises;
6° the amount referred to in sections 18 and 20 of the Act of 10 April 1995 on the redistribution of work in the public sector;
7° the employer contribution referred to in Article 9, § 1^erParagraph 1^er and § 2 of the law of 11 December 2003 concerning the taking by the Belgian State of the legal pension obligations of an anonymous public law company Proximus vis-à-vis its statutory personnel;
8° the personal contribution referred to in Article 5, paragraph 1^er and 2, of the Act of 4 March 2004 granting additional pension benefits to persons designated to perform management or supervision functions in a public service;
9° the employer contribution referred to in Article 7 of the Royal Decree of 22 December 2004 to the resumption of the legal pension obligations of Brussels International Airport Company;
10 ° the contributions referred to in articles 55 and 56, paragraphs 1 and 2, of the Programme Law of 11 July 2005;
11° the contributions and deductions referred to in Article 5 of the Royal Decree of 28 December 2005 relating to the resumption of pension obligations of the SNCB Holding by the Belgian State;
12° the contributions referred to in section 55, paragraph 3, of the Act of 24 October 2011 providing for the perennial funding of pensions for staff appointed on a final basis from provincial and local governments and local police zones and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amendments.
Art. 6. In section 1^re Chapter II of the Act provides for the insertion of an article 5/2 as follows:
"Art. 5/2. § 1^er. The National Social Security Office is also responsible for the collection and recovery of revenues referred to in Article 10, 1), 2) and 13) and Article 13, (1), dashes 3 and 4, of the Act of 24 October 2011 providing for the perennial funding of pensions of staff appointed permanently from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund
§ 2. The National Social Security Office is also responsible for the deduction referred to in section 39quater of the Act of 29 June 1981 establishing the general principles of social security of employed workers, for provincial governors, mayors, chevins and presidents of the Public Social Welfare Centres.
§ 3. The National Social Security Office is also responsible for collecting the contribution referred to in section 4 of the Act of 1^er September 1980 on the award and payment of a trade union premium to certain members of the public sector.".
Art. 7. In section 1^re Chapter II of the Act provides for the insertion of an article 5/3 as follows:
"Art. 5/3. The National Social Security Office is also responsible for collecting contributions under the Overseas Social Security Act of 17 July 1963 and its enforcement orders.".
Art. 8. Section 6 of the Act, the current text of which forms subsection 1^er, is supplemented by paragraphs 2 and 3 as follows:
"§2. The National Social Security Office may by agreement ensure the collection of contributions not covered by § 1^er and articles 5, 5/1, 5/2 and 5/3.
In this case, both for contributions and for contribution increases and late interest, the methods of calculation, collection and recovery are the same as those provided for in this Act.
§ 3. The National Social Security Office is responsible for receiving the contribution due by the administrations affiliated to the "Social Collective Service of Provincial and Local Authorities referred to in section 23 of the Act of March 18, 2016 amending the name of the National Board of Pensions in Federal Service of Pensions, integrating the responsibilities and staff of the Public Sector Pension Service, the "Pensions" missions of the local and provincial sectors of the Office of Personal Plans ".
In this case, both for contributions and for contribution increases and late interest, the methods of calculation, collection and recovery are the same as those provided for in this Act.".
Art. 9. In the same chapter II of the same law, a section 1bis is inserted, as follows: "Section 1bis. - Overseas social security missions and other specific missions".
Art. 10. In section 1bis, inserted by section 9, a sub-section 1 is inserted.^re, as follows: "Subsection 1^re. - Overseas social security."
Art. 11. In subsection 1^re, inserted by Article 10, an article 8/1 is inserted as follows:
"Art. 8/1. The National Social Security Office is responsible for the enforcement of the provisions:
1° of the law of 16 June 1960 placing under the supervision and guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda-Urundi, and guaranteeing by the Belgian State social benefits insured in favour of them;
2° of the Act of 17 July 1963 on overseas social security;
3° of enforcement orders under 1° and 2°. ".
Art. 12. In the same section 1bis, inserted by section 9, a sub-section 2 is inserted as follows: "Sub-section 2. - Interventions paid by the National Social Security Office".
Art. 13. In subsection 2, inserted by section 12, sections 8/2 to 8/4 are inserted as follows:
"Art. 8/2. The National Social Security Office is responsible for the payment of the interventions referred to in section 5 of Chapter II of Royal Decree No. 25 of 24 March 1982 creating a programme for the promotion of employment in the non-marchand sector.
The interventions granted by the Agency are reimbursed by the Employment, Labour and Social Concertation SPF and are borne by the Interdepartmental Budget Fund for the Promotion of Employment established by Article 5 of the aforementioned Royal Decree No. 25.
The Agency recovers undue interventions. In the absence of payment within 60 days of receipt of the cover letter, the legal interest of delay is due. The Agency may also recover undue deduction interventions from subsequent interventions.
Art. 8/3. The National Social Security Office is responsible for the payment of an annual allowance to local authorities designated by the Minister of the Interior, for the implementation of a program on social security issues, for the implementation of crime prevention initiatives, for the recruitment and training of community police officers and for the establishment of police coordination measures.
When it is intended to fund police training, the allowance may also be granted to approved training and training centres.
This allowance is borne by a specific budget item included in the Agency's budget and covered by tax revenues of 40,902,000.00 euros per year from 1^er January 1999 paid to the Agency by monthly instalments. The possible balance of the current budget year in the relevant budget section will be transferred, the following fiscal year, to the same budget item and consolidated with current revenues.
The King determines the Agency's competences regarding the existence of the terms and conditions for granting the allowance and the control of the use of the allowance.
Art. 8/4. The King shall determine the method of setting administrative costs that may be allocated to the National Social Security Office for payment to beneficiaries of the interventions referred to in this subsection. ".
Art. 14. In the same section 1bis, inserted by section 9, a sub-section 3 is inserted as follows: "Sub-section 3. - Social and fiscal Maribel."
Art. 15. In subsection 3, inserted by section 14, an article 8/5 is inserted as follows:
"Art. 8/5. The National Social Security Office is responsible for the execution of the financing and control of additional employment in the framework of the Social Maribel and the Tax Maribel, which fall within the competence of the management committee referred to in section 35, § 5, C, 2°, a), paragraph 2 of the Act of 29 June 1981 establishing the general principles of social security of employed workers. ".
Art. 16. In the same section 1bis, inserted by section 9, a sub-section 4 is inserted, as follows: "Sub-section 4. Implementation of social agreements.".
Art. 17. In subsection 4, inserted by section 16, the following articles 8/6 and 8/7 are inserted:
"Art. 8/6. The National Social Security Office is responsible for the execution of certain measures of social agreements for the federal health sectors that fall within the competence of the management committee referred to in section 35, § 5, C, 2°, (a), paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security for workers employed.
This is:
- funding and control of additional employment under the additional leave measure;
- control of additional employment under the 2011 Social Agreement;
- the financial intervention granted to hospitals as part of the statutoryisation measure.
Art. 8/7. The National Social Security Office may be responsible by the King for the execution of measures provided for by other social agreements than those referred to in Article 8/6.".
Art. 18. Sections 19 and 20 of the Act, repealed by the Act of 30 March 1994, are reinstated in the following wording:
"Art. 19. The National Social Security Office shall transfer to the Federal Pension Service, after collection of the administrative costs referred to in section 20, the contributions received under section 5/2, § 1^er. The Federal Pension Service transfers funds for the payment of dependant pensions to provincial and local government institutions, which are managed by them."
"Art. 20. The King determines the method of fixing administrative fees from contributions collected under section 1^re of this chapter."
Art. 19. Section 22 of the Act, as amended by the Act of 28 December 2008, is supplemented by three paragraphs as follows:
"The National Social Security Office may estimate contributions due by the provincial or local government to the amount declared last.
The possible difference between actual dues and estimated contributions will be refunded to the administration.
The amount of the debt thus established is notified to the administration by registered letter. ".
Art. 20. Section 27 of the Act, replaced by the Act of 30 December 2009, is supplemented by two paragraphs, as follows:
"The Management Committee of the National Social Security Office grants the quality label "Full Service" to service providers who introduce social security declarations for provincial and local governments and who meet the quality conditions set by it. The label is an instrument intended to encourage service providers, as far as necessary, to improve the quality of data processing and the electronic exchange of data with the Agency, necessary for the proper management of social security.
The Management Committee referred to in the previous paragraph defines the objective criteria used for the award of the quality label "Full service", the duration for which the label is granted, and the procedure whereby the award or non-octroi of the label is communicated to service providers. ".
Art. 21. In section 5 of chapter IV of the Act, last amended by the Act of 29 March 2012, an article 40quater is inserted as follows:
"Art. 40quater. In the absence of payment within the specified time limit, contributions, contribution increases, late interest, lump-sum allowances and contributions due to regularization, due to the Agency, may be deducted ex officio, in accordance with the terms set by the King, from the account of the provincial and local affiliated administrations opened to the following institutions: BELFIUS, BNP PARIBAS FORTIS, bpost and the aforementioned National Bank
Royal Decree No. 286 of 31 March 1984 on measures to improve the perception of social security and solidarity contributions is also applicable in respect of amounts due to the Agency. ".
Art. 22. In section 42 of the Act, last amended by the Act of 20 July 2015, a paragraph is inserted between paragraphs 5 and 6:
"The claims of the National Social Security Office concerning the premiums, interventions and allowances referred to in articles 8/2 and 8/3 unduly paid, are prescribed by five years on the day of payment. The actions against the Agency for the payment of the above-mentioned premiums, interventions and allowances are prescribed by five years on the day of their due diligence. ".
Art. 23. In the same law it is inserted a chapter Vbis written as follows: "Chapter Vbis. - Miscellaneous budgetary provisions."
Art. 24. In chapter Vbis, inserted by section 23, it is inserted a section 1^re as follows: "Section 1^re- General Missions."
Art. 25. In section 1^re, inserted by article 24, an article 43/1 is inserted as follows:
"Art. 43/1. The other resources of the National Social Security Office are made up of all other revenue related to its missions and management. ".
Art. 26. In chapter Vbis, inserted by article 23, it is inserted a section 2, written as follows: "Section 2. - Overseas social security missions and other specific missions referred to in chapter II, section 1bis."
Art. 27. In section 2, inserted by section 26, an article 43/2 is inserted as follows:
"Art. 43/2. The ORPSS Funds listed below are transformed into funds of the National Social Security Office:
(1) the Social Maribel Fund referred to in Article 35 § 5, C), 2 of the Law of 29 June 1981 establishing the general principles of social security of wage workers;
(2) the funds referred to in Article 5 of the Act of 17 July 1963 on overseas social security;
The funds mentioned above retain their destination. Their assets as at 31 December 2016, which is transferred to the National Social Security Office, will not be used for any purpose other than those to which they were intended on 31 December 2016. ".
Art. 28. In section 2, inserted by section 26, an article 43/3 is inserted as follows:
"Art. 43/3. The National Social Security Office receives the following grants annually:
(1) the subsidies referred to in articles 10 to 14 of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions;
(2) the subsidy referred to in Article 154, § 2, of the Act of 22 February 1998 on social provisions;
(3) the care referred to in section 58 of the Act of 17 July 1963 on overseas social security.".
Art. 29. In Article 44, § 1^erParagraph 1^er the same law, as amended by the Royal Decree of 11 October 1989, the words "or the National Social Security Office of provincial and local governments" are deleted.
Art. 30. In section 46 of the Act, amended by the Act of 22 December 1989, the words "the National Social Security Office of provincial and local governments" are deleted.
Art. 31. In section 24 of the Act of 29 June 1981 establishing the general principles of social security for wage-workers, last amended by the Act of 10 August 2015, the following amendments are made:
1° in paragraph 2, the words "Article 1^er§ 2ter of the law of 1^er August 1985 with social provisions" are replaced by the words "Article 8/2 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers" and the words ", to the National Social Security Office of the provincial and local administrations," are deleted;
2° § 3 is supplemented by a paragraph written as follows:
"By derogation from the preceding paragraph, the National Social Security Office shall pay to the Professional Diseases Fund the share of the contribution referred to in section 38, § 3, 5° to the occupational disease regime on the basis of the cash requirements to be financed from this plan. The portion of the contribution referred to in Article 38, § 3, 5° that is not paid to the Professional Diseases Fund is allocated to the depreciation fund of the increase in pension contributions referred to in Article 4, § 3 of the Act of 24 October 2011 providing for the perennial funding of pensions of members of staff appointed permanently from provincial and local governments and local police zones and amending the law of the 2002 ".
Art. 32. In section 31ter, § 3, of the same law, inserted by the law of 30 December 2009 and amended by the law of 29 February 2016, the following amendments are made:
1° in 1°, the words "or services of the National Social Security Office of provincial and local governments" are repealed;
2° in the 4th, the words "or the National Social Security Office of provincial and local governments" are repealed.
Art. 33. In section 31quater of the Act, inserted by the Act of 30 December 2009 and amended by the Act of 21 December 2013, the following amendments are made:
1° in paragraph 2, the words "or the National Social Security Office of provincial and local governments" are repealed;
2° in § 6, paragraph 2, the words "or the National Social Security Office of provincial and local governments" are repealed;
3° in § 6, paragraph 3, 1°, the words "or the National Social Security Office of provincial and local governments" are repealed;
4° in § 6, paragraph 3, 3°, the words "or the National Social Security Office of Provincial and Local Authorities" are repealed;
5° in § 6, paragraph 3, 4°, the words "or the National Social Security Office of provincial and local governments" are repealed.
Art. 34. In section 35, § 5, of the Act, last amended by the Act of 6 June 2010, the following amendments are made:
1° in the C, 2°, (a), first paragraph, the words "the National Social Security Office of provincial and local governments" are replaced by the words "the National Social Security Office";
2° in C, 2°, (a), paragraph 3 is replaced as follows:
"This Fund is fed by the product paid by the National Social Security Office of the reductions of employers' social security contributions referred to in this section to which employers in the public sector can claim. ";
3° in C, 2°, (a), paragraph 5 is replaced as follows:
"The Fund ' s accounting includes the following entries:
1. section on payment of operating costs;
2. Administrative and personnel costs;
3. additional job financing section, with the following sub-rubricants:
- reductions in expenses to hospitals and psychiatric care homes referred to in section 1^er§ 1^er, paragraph 3, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers may claim;
- reductions in expenses to which hospitals and psychiatric homes in the public sector other than those covered by the previous dash may be claimed;
- reductions in expenses to which provincial and local governments other than those covered by the first dash may be claimed;
- reductions in expenses to which employers in the public sector other than those in the previous dash may claim;
- the amounts that the competent minister for Employment, the competent minister for Social Affairs and the competent minister for Public Health attribute as non-recurring means of the Fund to the funding of training projects. ";
4° in C, 2°, b), first paragraph, the words "the National Social Security Office of Provincial and Local Authorities" are replaced by the words "the National Social Security Office";
5° in C, 2°, b), paragraph 2 is replaced as follows:
"The accounts of this fund include the following entries:
1. section relative to the recovery of the public employers referred to in section 1^er§ 1^er, paragraph 3, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
2. section on the recovery of public employers other than those covered in the previous dash. ";
6° in the D, paragraph 2 is replaced as follows:
"On the product returned to each sector fund and the Social Maribel Fund competent for all public sector employers 0.10 per cent of this product is paid by the National Social Security Office to the overall management of social security. Sectoral funds as well as the relevant Social Maribel Fund for all public sector workers are authorized to allocate a maximum of 1.20 per cent of the amounts they receive on the basis of administrative and personnel costs. ";
7° in the D, paragraph 3, the words "sector funds as well as" are replaced by the words "sector funds and the Social Maribel Fund competent for public sector employers" and the words "the National Social Security Office of provincial and local governments" are replaced by the words "the National Social Security Office";
8° in the E, (a), first paragraph, the words "and the Social Maribel Fund competent for all public sector employers" are inserted between the words "each sector fund Maribel social," and the words "including interests";
9° I is replaced as follows:
"The Sectoral Funds referred to in the C, 1°, as well as the Maribel Social Fund referred to in 2°, a), in addition to the missions which are carried out under Article 1^er of the Act of 7 January 1958 concerning the Fonds de sécurité d'existence, are responsible for the management of youth employment within the framework of global projects at the federal level and federated in the non-market sector resulting from Articles 82, § 3, and 83 of the Act of 23 December 2005 on the pact of intergenerational solidarity. ".
Art. 35. In Article 37quater, § 3, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 27 December 2006 and amended by the laws of 29 March 2012 and 25 April 2014, the words "paid to the National Social Security Office of provincial and local governments" are replaced by the words "paid to the National Social Security Office".
Art. 36. In Article 38, § 3, of the same Act, last amended by the Act of 25 April 2014, the following amendments are made:
1° in the 3°, replaced by the Act of 25 April 2014, the words "affiliated with the National Social Security Office of provincial and local governments" are repealed;
2° on 5°, repealed by the law of 25 April 2014, is reinstated in the following wording:
"5° 0.17% of the amount of the worker's remuneration for occupational diseases in the public sector; the contribution referred to in section 56, 3°, of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on June 3, 1970, is due by each employer referred to in section 1^er§ 1^er, paragraph 3, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The employer contribution referred to in paragraph 1^er However, it is not due to persons referred to in articles 17 and 17bis of the Royal Decree of 28 November 1969, which was enforced by the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers. ".
Art. 37. In section 39quater, § 2, of the same law, replaced by the law of 12 January 2006, paragraphs 2 to 4 are repealed.
CHAPTER 3. - Amendments
Administrative Management
Art. 38. In Article 1^er of the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Security, last amended by the Act of 12 May 2014, the words "the Office of Special Social Security Plans" are repealed.
Art. 39. In the same Act, section 4ter, inserted by the Act of 21 December 1994 and amended by the Act of 24 December 1999, is replaced by the following:
"Art. 4ter. § 1^er. The management committee, referred to in section 2, of the National Social Security Office is competent for the purposes of sections 5 to 8/4 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, with the exception of the execution of the mission defined in section 5, paragraph 1^er2°, of the aforementioned law.
§ 2. For the performance of the mission defined in Article 5, paragraph 1^er, 2°, of the law of 27 June 1969 a social security management committee is established.
The Management Committee is composed of:
1° of a president;
2° of an equal number of representatives of the representative organisations of workers and employers, who have a deliberative voice;
3° of seven government officials, including a representative of the Minister of Budget, who have a deliberative vote;
4° of two representatives of the National Intermutualist College, who have an advisory voice.
The King shall appoint the President, who shall meet the requirements of Article 5, and representatives of the public authorities. The Panel determines, after notice of the representative organizations of employers and workers called to nominate candidates, the number of members referred to in paragraph 2, 2°. The King also appointed representatives of the National Intermutualist College on his proposal.
The King may appoint alternate members for all members referred to in paragraph 2.
The Commissioners of the Government appointed by the Minister who has social affairs in his office and the Minister who has the Budget in his office attend meetings of the Social Security Management Committee, with an advisory vote.
The secretariat is provided by the National Social Security Office.
§ 3. The Administrative Committee referred to in Article 35, § 5, C), 2°, (a), paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers is competent for the application of Articles 8/5 to 8/7 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers. ".
Art. 40. Article 1^er, 3°, of the Act of 22 July 1993 on certain measures relating to public service, last amended by the Act of 18 March 2016, the words "- the Office of special social security schemes;" are repealed.
Art. 41. Article 2, 13°, 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, as amended by the laws of 12 May 2014 and 18 March 2016, is repealed.
Art. 42. Section 9 of the Act of 12 May 2014 establishing the Office of Specific Plans is supplemented by a paragraph written as follows:
"The deputy head of the National Social Security Office is responsible for the day-to-day management of the Office. ".
CHAPTER IV. - Autonomous provisions
Art. 43. By derogation from Article 10 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the day-to-day management of the National Social Security Office is from 1^er January 2017 by a deputy head, assisted by two deputy deputy deputy heads.
The person who acts as deputy head of the Office of Special Social Security Plans shall continue, from the date of dissolution of the Office, his current mandate within the National Social Security Office. It is responsible for the direction of the general management responsible for the execution of the missions referred to in Section 1bis of Chapter II of the Act of 27 June 1969 referred to above.
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. It continues to benefit from the remuneration as set out at the beginning of its term, in derogation from article 25, paragraph 2 of the Royal Decree of 30 November 2003.
Art. 44. § 1^er. For the purposes of this section, "staff members" means statutory agents, trainees and staff members contracted to work.
For the purposes of this section, trainees are considered to be holders of the class or grade in which they were recruited.
Staff members contracted by employment contract shall be considered to hold the grade or class corresponding to the position for which they have been hired or, in the event of a breach of the contract with respect to that employment, grade or class to which the scale in which the remuneration is fixed.
For the purposes of this section, "support services" means services that are not used as operational services: General Management, Budget and Finance, IT, Human Resources and Facilitated Services.
§ 2. The staff of the Office of Special Social Security Plans, who are in service within the operational services of the Overseas Social Security Directorate, the "Local Social Security" Directorate, and the "Inspection" Directorate, are transferred to the National Social Security Office on 1^er January 2017 in a job located in the same administrative residence as that in which they were assigned to the Office of Special Social Security Plans.
The same applies to staff members who are temporarily absent and those who have been recruited prior to that date for post-service entry.
§ 3. The staff of the Office of Special Social Security Plans who are in service within the "Social Collective Service of Provincial and Local Authorities" are transferred to the Federal Service of Pensions on 1^er January 2017 in a job located in the same administrative residence as that in which they were assigned to the Office of Special Social Security Plans.
The same applies to staff members who are temporarily absent and those who have been recruited prior to that date for post-service entry.
§ 4. Staff of the Office of Special Social Security Plans who are in service within the operational services of the "Family Benefits" Directorate are transferred to the Federal Agency for Family Allowances on 1^er September 2016 in a job located in the same administrative residence as that in which they were assigned to the Office of Special Social Security Plans.
The same applies to staff members who, on the eve of the transfer, are temporarily absent and those who have been recruited prior to that date for a post-transfer appointment.
§ 5. Staff of the Office of Special Social Security Plans who are in service or temporarily absent in support services are transferred on 1^er January 2017 to the National Social Security Office, the Federal Pension Service and the Federal Family Allowance Agency, in proportion to the number of operational staff transferred to each of these institutions and within the budgetary limits.
Staff members of the Office of Special Social Security Plans who are in service or temporarily absent within the support services are invited by a service order to be notified by registered letter and within thirty calendar days if they wish to be transferred to one or more of the jobs listed in that order of service. The order of service includes a number of jobs at least equal to the number of support services staff who must be transferred.
Staff referred to in paragraph 2 may apply only to jobs corresponding to their grade and class and must indicate their preferred order if they mention several jobs.
For each job, applications are classified in the following order:
1° Staff members who have the required qualification and who, as part of their assessment cycle under the 24 September 2013 Royal Decree on Evaluation in the Federal Public Service, were assigned a function description similar to the function mentioned in the order of service.
The order between staff members with the same function description is as follows:
1° the statutory agents;
2° Interns;
3° staff contracted;
4° the personnel occupied in the context of a first employment agreement, referred to in section 31 of the Act of 24 December 1999 for the promotion of employment.
The order between staff with the same quality is as follows:
1° the oldest staff member in class or grade;
2° equal to class or grade seniority, the staff member with the largest service seniority;
3° of service seniority, the oldest staff member.
The criterion of grade or class seniority is not applied to the agent who does not have the quality of state agent.
The service seniority of the staff member who does not have the status of an agent of the State includes the period during which he, in any capacity and without voluntary interruption, is part of an organization of the federal public service, as defined in Article 1^er of the Act of 22 July 1993 on certain measures relating to public service.
2° staff members who have the required qualification and perform their activities in a service similar to that mentioned in the notification. The order between staff members who operate in a similar service is as follows:
1° the statutory agents;
2° Interns;
3° staff contracted;
4° the personnel occupied in the context of a first employment agreement, referred to in section 31 of the Act of 24 December 1999 for the promotion of employment.
The order between staff with the same quality is as follows:
1° the oldest staff member in class or grade;
2° equal to class or grade seniority, the staff member with the largest service seniority;
3° of service seniority, the oldest staff member.
The criterion of grade or class seniority is not applied to the agent who does not have the quality of state agent. The service seniority of the staff member who does not have the status of an agent of the State includes the period during which he, in any capacity and without voluntary interruption, is part of an organization of the federal public service, as defined in Article 1^er of the Act of 22 July 1993 on certain measures relating to public service.
Each job included in the order of service referred to in the preceding paragraph is open in a single linguistic role.
§ 6. By derogation from paragraph 2, six staff of the "Social Security of Provincial and Local Authorities" who carry out their activities under the "Pensions" mission are transferred to the Federal Pension Service on 1^er January 2017 in a job located in the same administrative residence as that in which they had been assigned to the Office of Special Social Security Plans.
Management staff members "Social Security of Provincial and Local Government" are invited by a service order to be notified by registered letter and within thirty calendar days if they wish to be transferred to one or more of the jobs listed in that service order. They can only apply to jobs corresponding to their grade and class and must indicate their order of preference if they mention several jobs.
For each job, applications are classified in the order determined in paragraph 5.
§ 7. If, after the application referred to in paragraph 5 or 6 has been satisfied, there are still staff members of the Office of Special Social Security Plans who are not assigned any jobs, they are assigned on their own behalf in the jobs resumed in the order of service and remain vacant in the order determined in paragraph 5.
§ 8. Staff members engaged in a work contract that are in service at the Office of Special Social Security Plans on 1^er January 2017 receives the same contract of employment with the institution to which they are transferred, by simple signature of an actor to their employment contract.
§ 9. Staff members transferred on their own or upon request shall be appointed by a Royal Decree.
These transfers are not new appointments. They cannot be regarded as mutations within the meaning of the Royal Decree of 2 October 1937 bearing the status of State agents.
§ 10. Staff members transferred retain their quality, grade or grade, administrative and monetary seniority, and their remuneration.
They also retain the allowances, allowances or bonuses they received within the Office of the Special Social Security Plans, in accordance with the regulations applicable to them and from the date on which they were acquired.
They do not, however, retain the benefits of a function as long as the conditions of their granting remain in the services of the institution to which they are transferred.
§ 11. Transferred staff retain the latest evaluations attributed to them pursuant to the Royal Decree of 24 September 2013 on the evaluation in the federal public service.
§ 12. Staff members are transferred by Royal Decree.
Art. 45. § 1^er. The King determines, on the basis of the activities and personnel transferred pursuant to section 44, the property, rights and legal and contractual obligations of the Office of Special Social Security Plans, which are respectively transferred to the National Social Security Office, FAMIFED and the Federal Pension Service.
As far as FAMIFED is concerned, "goods" means only furniture.
§ 2. The National Social Security Office and the Federal Pension Service contribute to the expenses of the buildings of the Office of Special Social Security Plans until the dissolution of this Office in accordance with section 46.
FAMIFED contributes to the expenses of the buildings of the Office of Special Social Security Plans until December 31, 2016.
CHAPTER 5. - Abrogatory and final provisions
Art. 46. The Office of Special Social Security Plans is dissolved by the King on the date the following conditions are met:
1° ) the National Social Security Office is legally responsible for the tasks referred to in Section 1bis of Chapter II of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
2° ) FAMIFED legally assumes the "Family benefits" missions of the Office of Special Social Security Plans;
3° ) The Federal Pension Service is legally responsible for the pension activities of the Office of Special Social Security Plans;
4° ) the personnel transfers provided for in section 42 have been effected.
Art. 47. In the General Act on Family Allowances of 19 December 1939, an article 32 of the Act reads as follows:
Article 32sexies. All missions performed by the special family allowance fund referred to in section 32, by or under sections 32 to 32quinquies, shall be carried out by FAMIFED from 1^er September 2016, with the exception of new applications, which are carried out by FAMIFED from 1^er July 2016. "
Art. 48. Sections 10 and 11 of the Act of 12 May 2014 establishing the Office of Special Social Security Plans are repealed, taking into account the provisions of subsection 1^er.
Art. 49. The King may, by order deliberately in the Council of Ministers, amend, supplement, replace or repeal existing legal provisions to bring them into conformity with those contained in articles 5, 6, 35, 36 and 37.
CHAPTER 6. - Entry into force
Art. 50. This Act comes into force on 1^er January 2017, with the exception of:
1° Articles 5 and 37 produce their effects on 1^er January 2016;
2° Article 42 comes into force on the day of the publication of this Act to the Belgian Monitor;
3° Articles 44 and 45 produce their effects on 1^er January 2016;
4° Article 47 comes into force on 30 June 2016;
5° this article comes into force on the day of the publication of this Act to the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 July 2016.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
The Minister of Social Affairs,
Mr. DE BLOCK
Minister of Internal Affairs,
J. JAMBON
Minister of Pensions,
D. BACQUELAINE
Minister of Public Service,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2015-2016.
Houses of representatives.
Documents. - Doc 54-1809.