Assignment Of New Missions Of Perception And Integration Of Some Missions And Some Of The Staff Of The Office Of The Special Social Security Schemes For The National Social Security Office And Law Regulating Certain Matters Re

Original Language Title: Loi portant affectation de nouvelles missions de perception et intégration de certaines missions et d'une partie du personnel de l'office des régimes particuliers de sécurité sociale à l'Office National de Sécurité Sociale et réglant certaines matières re

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Published the: 2016-07-26 Numac: 2016022279 FEDERAL SOCIAL SECURITY PUBLIC SERVICE JULY 10, 2016. -Assignment of new missions of perception and integration of some missions and some of the staff of the office of the special social security schemes for the National Social Security Office and law regulating matters relating to Famifed and Service Federal Pensions (1) PHILIPPE, King of the Belgians, all, present and future, A salvation.
The House of representatives has adopted and we sanction the following: CHAPTER 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Amending provisions on social security art. 2. the title of chapter I of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers is replaced by the following: "chapter I. -Definitions and scope of application".
Art. 3. article 1, § 1, of the same law, amended by the law of 15 may 2014, is completed by two paragraphs written as follows: "for the purposes of this Act, it has to be understood by"provincial and local governments",:-the provinces;"
-public institutions that depend on the provinces;
-the Commons;
-public institutions that depend on Commons;
-associations of communes;
-the CPAS;
-associations of CPAS;
-public institutions that depend on the CPAS;
-agglomerations and federations of municipalities;
-public institutions that depend on the agglomerations and federations of municipalities;
-the local police zones established on the basis of the Act of 7 December 1998 organizing an integrated police service, structured on two levels;
-the relief areas established on the basis of the law of 15 May 2007 on civil security;
-the French Community Commission and the Flemish Community Commission;
-the regional economic bodies referred to in chapters II and III of the law on July 15, 1970, on the Organization of planning and economic decentralization, modified by the Decree of 25 May 1983 of the Walloon regional Council, the order of 20 May 1999 in the Region of Brussels - capital and the Decree of the Flemish Council of June 27, 1985;
-"Brussels-cleanliness, regional agency for cleanliness";
-"Service of fire and emergency medical assistance in the Region of Brussels-capital";
-associations of several agencies;
-the "Vlaamse Operastichting" Association for staff members who were appointed on a permanent basis to the intercommunal "Opera voor Vlaanderen" and which are included with maintenance of their status.
For the purposes of this Act, it is necessary to hear by:-the "Management Committee": the Management Committee referred to in article 4ter, § 1, of the Act of April 25, 1963 on the management of public interest social security and social welfare organizations, such as modified by section 38;
-the "Social Security Management Committee" the Management Committee referred to in article 4ter, § 2 of the Act of April 25, 1963.
Art. 4. the heading of section 1 of chapter II of the Act is replaced by the following: "Section 1.
-Missions".
Art. 5. in section 1 of chapter II of the Act, it is inserted an article 5/1 to read: "art. 5/1. The national social security Office is also responsible to collect and recover the contributions, withheld, contributions or other revenue referred below: (1) the contribution referred to in article 12, § 2, of the law of April 28, 1958 on the pension of the members of staff of some organizations of public interest and their dependants;
(2) the percentage of the total payroll referred to in article 10, paragraph 2, of the creation of bpost and some postal services act of 6 July 1971;
(3) the deduction referred to in article 39quater of the law of 29 June 1981 establishing the General principles of social security for workers, with the exception of members of the staff of the local police zones and Governors of province, the mayors, aldermen and the presidents of public Centres for social assistance.
(4) the contribution referred to in article 60 of the law of May 15, 1984 on measures of harmonisation in pension plans;
(5) the employer contributions referred to in article 176, § 4, of the Act of 21 March 1991 on reform of some economic public companies;
(6) the amount referred to in articles 18 and 20 of the Act of 10 April 1995 on the redistribution of work in the public sector;
(7) the employer contributions referred to in article 9, § 1, paragraph 1 and § 2, of the Act of 11 December 2003 concerning the decision by the Belgian State of the pension obligations legal of law public limited company Proximus towards its statutory staff;
8 ° the personal contribution referred to in article 5, paragraph 1 and 2, of the Act of March 4, 2004 granting additional benefits in terms of retirement pension to persons designated to exercise a function of management or coaching in a public service;
(9) the employer contributions referred to in article 7 of the royal decree of 22 December 2004 of resumption of the legal obligations of Brussels International Airport Company pension;
(10) the contributions referred to in articles 55 and 56, §§ 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 on the resumption of the pension obligations of SNCB Holding by the Belgian State.
(12) the contributions referred to in article 55, paragraph 3, of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the law of May 6, 2002 on the establishment of the Pension Fund of the police integrated and specific social security provisions and containing various amending provisions.
Art. 6. in section 1 of chapter II of the same law, it is inserted an article 5/2 to read: "art. 5/2. § 1. The national social security Office is also responsible for the perception and the revenue referred to in article 10) 1, 2) and 13) and article 13: 1), indents 3 and 4, of the law of 24 October 2011 ensuring sustainable funding of the pensions of the members of staff appointed on a permanent basis to provincial and local governments and areas of local police and amending the Act of May 6, 2002 establishing the Pension Fund of the police integrated and specific provisions on social security and containing various amending provisions.
§
2. The national social security Office is also responsible for the deduction referred to in article 39quater of the law of 29 June 1981 establishing the General principles of social security for workers, for provincial governors, mayors, aldermen, and the presidents of public Centres for social assistance.
§ 3. The Agency national social security is also responsible for collecting the assessment referred to in article 4 of the law of September 1, 1980 on the granting and payment of some members of the staff of the public sector Union premium. "."
Art.
7. in section 1 of chapter II of the Act, it is inserted an article 5/3 to read: "art. 5/3. The national social security Office is also responsible for collecting the contributions provided for by Act of July 17, 1963 to overseas social security and its implementation orders. "."
Art. 8. article 6 of the Act, including the current text form paragraph 1, is completed by paragraphs 2 and 3 are written as follows: "§ § 2 2." The national social security Office may by agreement ensure the collection of contributions not referred to the § 1 and 5 items, 5/1, 5/2 and 5/3.
In this case, both for contributions for dues increases and interest on arrears, the calculation, collection and collection methods are the same as those provided for in this Act.
§
3. The national social security Office is responsible for collecting the contributions due by the administrations affiliated with the "collective social Service to provincial and local authorities referred to in article 23 of the Act of March 18, 2016, amendment to the denomination of the national agency of Pensions in federal Pension Service, integration of responsibilities and the staff of the public sector pension missions "thought"of both local and provincial agency of the special schemes social security and HR Rail and bearing taken from the collective social Service of the Office of the special social security schemes.".
In this case, both for contributions for dues increases and interest on arrears, the calculation, collection and collection methods are the same as those provided for in this Act. "."
Art. 9. in the same chapter II of the Act, it is inserted a section 1bis, worded as follows: "Section 1bis. -Missions overseas social security and other specific missions."
Art. 10. in section 1bis, inserted by article 9, it is inserted a subsection 1, worded as follows: "subsection 1. -Social security overseas".

Art. 11. in sub-section 1, inserted by article 10, it is inserted an article 8/1 to read: "article 8 /" 1. the national social security Office is responsible for the execution of the provisions: 1 ° of the law of June 16, 1960, placing it under control and the Belgian State guarantee agencies managing the social security of employees of the Belgian Congo and the Ruanda-Urundi, and with guaranteed by the Belgian State of social benefits for them.
(2) of the Act of July 17, 1963 on social security overseas;
(3) the orders referred to in (1) and (2) enforcement. ".
Art.
12. in the same section 1bis, inserted by article 9, it is inserted a subsection 2, worded as follows: "subsection 2. -Intervention paid by the national social security Office".
Art.
13. in section 2, inserted by section 12, 8/2-8/4 articles as follows are inserted: "article 8 /" 2. the national social security Office is responsible for the payment of the interventions covered by section 5 of chapter II of the order No. royal, 25 March 24, 1982, creating an employment promotion program in the non-commercial sector.
Intervention granted by the Office are reimbursed by the SPF employment, work and social dialogue and are dependent of the interdepartmental budget Fund for promotion of employment established by section 5 of the order royal No. 25 supra.
The Office to get undue intervention. Failure to pay within 60 days of receipt of the collection letter, legal interest on arrears are due. The Agency may also recover undue intervention by deductions due later interventions.
Art. 8/3. The national social security Office is responsible for the payment of an annual allowance to the local authorities designated by the Minister of the Interior, for the realization of a programme to the problems of company security, for the realization of initiatives on the prevention of crime, for the recruitment and training of the municipal police and the implementation of measures for coordination of police work.
When it is intended to finance the training of police officers, the allowance may also be granted to authorized centers of training and instruction.
This allowance is in charge of a specific budget item entered in the budget of the Office and covered by tax revenue amounting to $ 40 902 000.00 euros a year from January 1, 1999, paid to the Agency by monthly instalments. Any balance of the current fiscal year to budget article concerned will be transferred, the next fiscal year, to the same article budget and combined with current revenues.
The King determines the responsibilities of the Office relating to the existence of the conditions for the allocation and control of the use thereof.
Art. 8/4.
The King determines the method of determining the administrative costs that can be attributed to the national social security Office for payment to the beneficiaries of the interventions covered by this subsection. "."
Art. 14. in the same section 1bis, inserted by article 9, it is inserted a subsection 3 worded as follows: "subsection 3. -Maribel social and fiscal. "."
Art. 15. in section 3, inserted by article 14, it is inserted a section 8/5 to read: "art.
8/5. The national social security Office is responsible for executing financing and control of the additional jobs in the social Maribel and the tax Maribel which are the responsibility of the Management Committee referred to in article 35, § 5, 2 ° C, a), paragraph 2 of the law of 29 June 1981 establishing the general welfare of workers principles. "."
Art.
16. in the same section 1bis, inserted by article 9, it is inserted a subsection 4 worded as follows: "subsection 4. Implementation of social agreements. "."
Art. 17. in section 4, inserted by article 16, articles 8/6 and 8/7 as follows shall be inserted: "article 8 /" 6. the national social security Office is responsible for the delivery of certain measures of social agreements for federal health which are the responsibility of the Management Committee referred to in article 35, § 5, 2 ° C, a), paragraph 2, of the law of 29 June 1981 establishing the General principles of the welfare of workers.
It is:-funding and control of the additional jobs under the measure of additional leave;
-the control of additional jobs in the social agreement 2011;
-financial assistance granted to hospitals under the measure of statutarisation.
Art. 8/7. The national social security Office can be charged by the King of the execution of the measures of other social agreements than those referred to in article 8/6. "."
Art. 18. articles 19 and 20 of the Act, repealed by the law of March 30, 1994, recovered in the following wording: "art. 19. the national social security Office transfers to the federal Pensions, after collection of administration fees referred to in article 20, contributions in application of article 5/2, § 1.
Federal Service of pension transfers to pension funds which are intended for the payment of pensions to the pension fund management connected to provincial and local governments and funds which are managed by them. "." Art. 20. the King determines the method of determining the administrative costs levied on the membership fees collected pursuant to section 1 of this chapter.".
Art. 19. article 22 of the same law, amended by the law of December 28, 2008, is complemented by three paragraphs written as follows: "the national social security Office can estimate the payments owed by provincial or local administration to the amount reported last.
Any difference between the actually due and estimated contributions will be refunded to the administration.
The amount of the claim so established shall be notified to the administration by registered letter. "."
Art. 20. article 27 of the same Act, replaced by the law of December 30, 2009, is completed by two paragraphs written as follows: "the Committee of management of the national social security Office granted the quality label"Full service"service providers introduce statements made by social security for provincial and local administrations and who meet the quality requirements set by him." The label constitutes an instrument to encourage these service providers, insofar as necessary, to improve the quality of the treatment of data and the electronic exchange of data with the Agency, necessary for the good management of social security.
The Committee referred to in the preceding paragraph sets the objective criteria for the award of the quality label of "Full service", the period for which the label is granted and the procedure whereby the granting or failure of the label shall be communicated to the service providers. "."
Art.
21. in section 5 of chapter IV of the Act, last amended by the law of March 29, 2012, it is inserted an article 40quater to read: "art. 40quater. failing payment by the deadline, premiums, contributions, interest on arrears increases, the allowances and premiums as a result of regularisation, due to the Office, can be taken automatically, according to the arrangements laid down by the King, provincial and local governments account affiliates opened with the following institutions: BELFIUS, BNP PARIBAS FORTIS , bpost and the Bank national of Belgium, successively in the above order.
Order royal No. 286 of 31 March 1984 on measures to improve the collection of premiums for social security and solidarity shall also apply with respect to the amounts due to the Office. "."
Art.
22. in article 42 of the same law, modified for the last time by the law of July 20, 2015, a written paragraph as follows is inserted between paragraphs 5 and 6: "claims of the national Office of social security premiums, interventions and allowances referred to in articles 8/2 and 8/3 paid unduly, prescribes five years taking classes the day of the payment. Actions against the Office for the payment of premiums, interventions and above VEA prescribes five years taking courses their due day. "."
Art. 23. in the same Act inserted a VA chapter to read: "chapter contracting. -Various budgetary provisions".
Art. 24. in Chapter VA inserted by article 23, it is inserted a section 1 worded as follows: "Section 1. -General missions".
Art. 25. in the 1st section, inserted by article 24, it is inserted an article 43/1 to read: "art. 43/1. Other resources of the national social security Office consist of all other revenues related to its missions and its management. "."
Art. 26. in Chapter VA inserted by article 23, it is inserted a section 2, worded as follows: "Section 2. -Missions in social security overseas and other specific missions referred to in section 1 of chapter II. "."

Art. 27. in section 2, inserted by article 26, it is inserted an article 43/2 as follows: "art.
43/2. The following ORPSS Fund are transformed into the national social security fund: 1) the funds referred to in article 35 social Maribel § 5, C), 2 of the law of 29 June 1981 establishing the General principles of social security for workers.
(2) the funds referred to in article 5 of the Act of July 17, 1963 on social security overseas;
The funds mentioned above keep their destination. Their assets at December 31, 2016, which is transferred to the national social security Office, cannot be used for other purposes than those for which they were intended for 31 December 2016. "."
Art. 28. in section 2, inserted by article 26, it is inserted a section 43/3 to read: "art. 43/3. The national social security Office annually receives the following grants: 1) grants referred to in articles 10 to 14 of the Act of May 6, 2002 on the establishment of the Pension Fund of the police integrated and specific provisions on social security;
(2) the grant referred to in article 154, § 2, of the law of 22 February 1998 on social provisions;
(3) the support referred to in article 58 of the Act of 17 July 1963 concerning social security overseas. "."
Art.
29. in article 44, § 1, paragraph 1 of the same Act, amended by the royal decree of 11 October 1989, the words "or the national Office of social security of the provincial and local governments" are deleted.
Art. 30. in article 46 of the Act, amended by the law of December 22, 1989, the words "the national Office of social security of the provincial and local governments", are removed.
Art. 31. in article 24 of the law of 29 June 1981 establishing the General principles of insurance of salaried workers, amended lastly by the law of August 10, 2015, the following changes are made: (1) in paragraph 2, the words "article 1, § 2B of the Act of 1 August 1985 social provisions" shall be replaced by the words "article 8/2 of the law of 27 June 1969 revision of the Decree-Law of 28 December 1944 on" "the social security of workers"and the words", at the national Board of social security of the provincial and local governments," are deleted;
(2) § 3 is supplemented by a paragraph to read: "Notwithstanding the preceding paragraph, the national social security agency pays to the occupational diseases Fund share of the contribution referred to in article 38, paragraph 3, (5) to the system of occupational diseases based on the needs of cash to fund this plan. The share of the contribution referred to in article 38, paragraph 3, (5) that is not paid to the occupational diseases Fund is assigned to the sinking fund of the increase in the rate of contributions referred to in article 4, § 3 of the law of October 24, 2011 ensuring sustainable funding of the pensions of the members of staff appointed permanent provincial and local administrations and local police areas and amending the law of May 6, 2002 establishing of the Pension Fund of the police integrated and specific provisions on social security and containing various amending provisions. "."
Art. 32. in article 31ter, § 3, of the same Act, inserted by the law of December 30, 2009, and amended by the law of February 29, 2016, the following changes are made: (1) in 1, the words "or with the national Office of social security of provincial and local government services" are repealed;
(2) in the 4th, the words "or the national Office of social security of the provincial and local governments", are repealed.
Art. 33. in article 31quater of the same Act, inserted by the law of December 30, 2009, and amended by the law of December 21, 2013, the following changes are made: (1) in paragraph 2, the words "or the national Office of social security of the provincial and local governments" are repealed;
(2) in section 6, paragraph 2, the words "or the national Office of social security of the provincial and local governments" are repealed;
(3) in section 6, paragraph 3, (1), the words "or the national Office of social security of the provincial and local governments" are repealed;
(4) in section 6, paragraph 3, (3), the words "or the national Office of social security of the provincial and local governments" are repealed;
(5) in section 6, paragraph 3, (4), the words "or the national Office of social security of the provincial and local governments" are repealed.
Art. 34. in article 35, § 5, of the same Act, amended lastly by the Act of June 6, 2010, the following changes are made: (1) in C, 2 °, a), paragraph first, the words "the national Office of social security of the provincial and local governments" are replaced ' by the words "the national Office of social security";
(2) in C, 2 °, (a), paragraph 3 is replaced by the following: "This Fund is supported by the product paid by the national social security Office of employer social security contributions reductions referred to in this section that the public sector employers could claim";
(3) in C, 2 °, (a), paragraph 5 is replaced as follows: "the accounts of the Fund contains the following topics: 1. topic for the payment of operating expenses;"
2. the funding of administrative costs and staff section;
3. topic for the financing of additional employment, with the following subheadings:-reductions in charges to which hospitals and psychiatric care homes referred to in article 1, § 1, paragraph 3, of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers can claim;
-reductions in charges to which hospitals and homes for psychiatric care in the public sector other than those referred to in the previous indent can claim;
-reductions in charges to which the provincial governments and local other those referred to in the first indent may claim;
-reductions in charges that employers in the public sector other than those referred to in the previous indent can claim;
-the amounts that the Minister responsible for employment, the Minister responsible for Social Affairs and the Minister responsible for public health attribute to the title of one-off money from the Fund to the financing of training projects. ";
(4) in C, 2 °, b), paragraph first, the words "the national Office of social security of the provincial and local governments" are replaced by the words "the national Office of social security";
(5) in C, 2 °, b), paragraph 2 is replaced as follows: "this fund accounting contains the following topics: 1. topic for the recovery to public employers referred to in article 1, § 1, paragraph 3, of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers;"
2. topic for the recovery to public employers other than those referred to in the previous indent. ';
(6) in the D, paragraph 2 is replaced as follows: "on the proceeds to each sectoral Fund and social fund Maribel competent for all employers in the public sector 0.10% of this product is paid by the national social security Office for comprehensive management of social security. The sector funds and the social fund Maribel competent for all public sector workers are allowed to affect 1.20% maximum amounts returning them to cover the costs of administration and personnel. ";
(7) in the D, paragraph 3, the words "sector funds as well as" are replaced by the words "sector funds and the competent social Maribel Fund for employers in the public sector" and the words "the national Office of social security of the provincial and local governments" are replaced by the words "the national Office of social security";
(8) in the E, a), paragraph first, the words "and of the competent social Maribel Fund for all employers in the public sector" shall be inserted between the words "each fund sectoral social Maribel," and the words "including the interests";
(9) the I is replaced as follows: "the sectoral funds referred to in C, (1), as well as the Social referred to in 2, Maribel has), addition missions which their assigned pursuant to article 1 of the law of 7 January 1958 on social security funds, are responsible for the management of jobs for young people as part of the global projects at the federal and federated in the non-profit sector resulting from articles 82" , § 3, and 83 of the law of 23 December 2005 on the solidarity between generations Pact. "."
Art. 35. in article 37quater, § 3, of the law of 29 June 1981 establishing the General principles of social security of workers employed, inserted by the Act of 27 December 2006 and amended by the laws of the March 29, 2012 and April 25, 2014, the words "paid to the national Office of social security of the provincial and local governments" are replaced by the words "paid to the national social security Office".

Art. 36. in article 38, paragraph 3, of the Act, amended lastly by the Act of April 25, 2014, the following changes are made: (1) in the 3rd, replaced by the Act of April 25, 2014, the words "affiliated to the national social security of provincial and local governments" are repealed;
(2) 5 °, repealed by the Act of April 25, 2014, is restored in the following wording: "(5) 0.17% of the amount of the remuneration of the worker for the regime of occupational diseases in the public sector; This contribution referred to in article 56 (3), legislation on the prevention of occupational diseases and repairing the damage resulting from these coordinated June 3, 1970, is due by each employer referred to in article 1, § 1, paragraph 3, of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social workers safety.
However, the employer contributions referred to in paragraph 1 is not due to the persons referred to in articles 17 and 17bis of the royal decree of 28 November 1969 taken in execution of the law of 27 June 1969 revision of the Decree-Law of 28 December 1944 on social security for workers. "."
Art. 37. in article 39quater, § 2, of the same Act, replaced by the law of 12 January 2006, paragraphs 2 to 4 are repealed.
CHAPTER 3. -Amending provisions on administrative management art. 38. in article 1 of the Act of April 25, 1963, on the management of public interest social security and social welfare organizations, amended lastly by the Act of May 12, 2014, the words "the Office of the special social security schemes" are repealed.
Art. 39. in the same Act, article 4ter inserted by the law of December 21, 1994 and amended by the law of 24 December 1999, is replaced by the following: "art. 4ter. § 1. The Management Committee, referred to in article 2, of the national Office of social security is responsible for the application of articles 5 to 8/4 of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security of workers, with the exception of the execution of the mission defined in article 5, paragraph 1, 2 °, of the law.
§
2. For the execution of the mission defined in article 5, paragraph 1, 2 °, of the law of 27 June 1969 supra a social security management Committee is established.
This Management Committee consists: (1) a president;
(2) to an equal number of representatives of the representative organizations of workers and employers, who have voting rights;
(3) to seven representatives of public authorities, including a representative of the Minister for the Budget, which have voting rights;
(4) two representatives of the intermutualiste national College, who have consultative voice.
The King appoints the president, who meets the conditions provided for in article 5, and the representatives of the public authorities. It determines, after consultation with the representative organizations of employers and workers called to field candidates, the number of members referred to in paragraph 2, 2 °. The King also appoints representatives of the intermutualiste national College on its proposal.
The King may appoint deputy members, for all the members referred to in paragraph 2.
The Government Commissioners appointed by the Minister who has Affairs in his/her attributions and the Minister who has the Budget responsibilities attend meetings of the Management Committee of the social security, with a consultative vote.
The secretariat is provided by the national social security Office.
§ 3. (The Management Committee referred to in article 35, § 5, C), (2), (a), paragraph 2, of the law of 29 June 1981 establishing the General principles of social security for employees is responsible for the application of articles 8/5 to 8/7 of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers. "."
Art. 40A article 1, 3 °, of the law of 22 July 1993 on certain measures in terms of public service, amended lastly by the law of March 18, 2016, the words "-the Office of the special social security schemes;" are repealed.
Art.
41 article 2, 13 °, of the royal decree of April 3, 1997 with the accountability of institutions of social security measures, in accordance with article 47 of the law of 26 July 1996 on modernisation of the social security and ensuring the viability of legal pension schemes, amended by laws of 12 may 2014 and March 18, 2016 is repealed.
Art. 42. article 9 of the Act of May 12, 2014, establishing the Office of the special schemes is supplemented by a paragraph to read: "the Deputy Head of the national social security Office is responsible for the day-to-day management of the Office.".
CHAPTER IV. -Provisions autonomous art. 43. by way of derogation to article 10 of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers, the daily management of the national social security Office is from 1 January 2017 assumed by a director general, assisted by two deputy heads.
From the date of dissolution of this Office, the person who exercises the function of Deputy head Deputy of the Office of the special social security schemes continues its current mandate within the national social security Office. She is the Director of the Directorate-General enforcement missions referred to in section 1 of chapter II of the abovementioned Act of June 27, 1969.
She keeps the ratings assigned to him pursuant to the royal decree of 30 November 2003 relative to the designation, the exercise and the weighting of the functions of management as well as designation and the performance of duties of coaching and management positions in public institutions of social security. She continues to benefit from the compensation as it was fixed at the beginning of his term, in derogation from article 25, paragraph 2 of the royal decree of November 30, 2003, supra.
Art. 44 § 1. For the purposes of this section, means "staff members" statutory officers, trainees and staff members contracted work.
For the purposes of this section, students are considered to be holders of the class or the rank in which they were recruited.
The staff hired by employment contract are considered to be holders of the rank or the class corresponding to the function for which they were hired or, in the case of silence of the contract about the job, the grade or class that is bound to the scale in which remuneration is fixed.
For the purposes of this article, is meant by 'support services' services that are not included as operational services: services of the Budget and finance, it, human resources and facilities branch.
§ 2. The members of the staff of the Office of the special schemes of social security, which are in service with operational management services "social security to overseas", the management of "Local social security", and the management of "Inspection", are transferred to the national social security Office January 1, 2017, in a job within the same residence administrative than that in which they had been assigned to the Office of the special social security schemes.
It applies to members of staff who are temporarily absent as well as for those who were recruited before that date for an entry subsequent to it accordingly.
§
3. The members of the staff of the Office of the special social security schemes which are in service with the 'collective social Service of the provincial and local governments' are transferred to the federal Pension Service 1 January 2017 in a job located in the same administrative residence as that in which they were assigned the Office of the special social security schemes.
It applies to members of staff who are temporarily absent as well as for those who were recruited before that date for an entry subsequent to it accordingly.
§ 4. The members of the staff of the Office of the special social security schemes which are in service with the operational of the direction "Family benefits", are transferred to the federal family allowances Agency 1 September 2016 in a job within the same residence administrative than that in which they had been assigned to the Office of the special social security schemes.
It is the same for staff members who, on the eve of the transfer, are temporarily absent as well as for those who were recruited before that date for an entry subsequent to it accordingly.
§
5. The members of the staff of the Office of systems of social security that are in use or temporarily absent within support services are transferred January 1, 2017, to the national Office of social security, the federal Pension Service and the Federal Agency

in proportion to the number of operational staff for family allowances, which is transferred to each of these institutions and within budget.
The members of the staff of the Office of systems of social security that are in use or temporarily absent within support services are invited by a service order to know by letter and within 30 days calendar if they wish to be transferred to one or more of the jobs listed in the order of service said. The order of service includes a number of jobs at least equal the number of members of staff of the support services which must be the subject of a transfer.
The staff members referred to in paragraph 2 may not apply to jobs corresponding to their grade and their class and must indicate their order of preference if they mention several jobs.
For each job, applications are ranked in the following order: (1) the members of staff who have the required qualifications and who as part of their cycle of assessment in the application of the royal decree of September 24, 2013 assessment in the federal public service have been given a description of function similar to the function mentioned in the service order.
The order among the staff members having the same description of function is established as follows: (1) the staff regulations;
(2) students;
(3) members of staff engaged by contract of employment;
(4) members of staff busy in a first job agreement, referred to in article 31 of the law of 24 December 1999 with a view to promoting employment.
The order among the staff members having the same quality is established as follows: (1) the class or grade the oldest staff member;
(2) equal seniority class or rank, the Member of staff whose length of service is the largest;
(3) equal seniority of service, the oldest staff member.
The criterion of seniority of rank or class is not applied to the agent who does not have the quality of agent of the State.
The length of service of the staff member who has not the quality of State agent includes the period during which it is, for any reason whatsoever and without interruption, are part of a body of administrative public service federal, such as defined in article 1 of the law of 22 July 1993 on certain measures in terms of public service.
(2) the members of staff who have the required qualifications and who operate within a service similar to one mentioned in the notification. The order among the staff members who operate within a similar service is established as follows: (1) the staff regulations;
(2) students;
(3) members of staff engaged by contract of employment;
(4) members of staff busy in a first job agreement, referred to in article 31 of the law of 24 December 1999 with a view to promoting employment.
The order among the staff members having the same quality is established as follows: (1) the class or grade the oldest staff member;
(2) equal seniority class or rank, the Member of staff whose length of service is the largest;
(3) equal seniority of service, the oldest staff member.
The criterion of seniority of rank or class is not applied to the agent who does not have the quality of agent of the State. The length of service of the staff member who has not the quality of State agent includes the period during which it is, for any reason whatsoever and without interruption, are part of a body of administrative public service federal, such as defined in article 1 of the law of 22 July 1993 on certain measures in terms of public service.
Each job in the order of service referred to in the preceding paragraph is opened in a single linguistic role.
§ 6. By way of derogation to paragraph 2, six members of the "Welfare of provincial and local administrations" management staff that operate as part of the mission "Pensions" are transferred to the federal Service Pensions 1 January 2017 in a job within the same residence administrative than that in which they had been assigned to the Office of the special social security schemes.
The members of the Directorate 'Social security provincial and local administrations' staff are invited by a service order to know by letter and within 30 days calendar if they wish to be transferred to one or more of the jobs listed in the order of service said. They can only apply to jobs corresponding to their grade and their class and must indicate their order of preference if they mention several jobs.
For each job, the applications are filed in order that determines the paragraph 5.
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7. If after that it was satisfied the demands referred to in paragraph 5 or 6, there are members of the staff of the Office of the special schemes of social security to which no job has been assigned, these members are assigned automatically in jobs recorded in order of service and remained vacant, and in order that determines the paragraph 5.
§ 8. Staff members engaged under a contract of employment that are in service to the Office of the special social security schemes 1 January 2017 benefit, by simple signature of an addendum to their contract of employment, the same contract of work with the institution to which they are transferred.
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9. Transferred automatically or on request staff members are appointed by a royal decree.
These transfers are not new appointments. They cannot be considered as mutations within the meaning of the royal decree of 2 October 1937 on the the status of agents of the State.
§ 10.
The transferred staff members retain their quality, their rank or their class, their seniority administrative and financial, as well as their remuneration.
They also retain allowances, allowances or bonuses they received in the Office of the special schemes of social security, in accordance with the regulation which was applicable to them and from the date on which the right was acquired.
They retain however the benefits associated with a function only if the conditions for their award remain in the services of the institution to which they are transferred.
§ 11. Transferred staff members retain recent evaluations that have been attributed, in accordance with the royal decree of September 24, 2013 assessment in the federal public service.
§ 12. The staff members are transferred by royal decree.
Art. 45 § 1. The King determines, on the basis of activities and personnel transferred pursuant to article 44, the property, rights, and legal and contractual obligations of the Office of the special schemes of social security, which are respectively transferred to the national social security FAMIFED and the federal Service Pensions.
Regarding FAMIFED, "goods" only means the movable property.
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2. The national Office of social security and federal Pensions Service contribute to expenses of the buildings of the Office of the special social security schemes until the dissolution of that Office under article 46.
FAMIFED contributes to the expenses of the buildings of the Office of the special schemes of social security until December 31, 2016.
CHAPTER 5. -Repealing provisions and final art. (46. UNRWA of specific social security schemes is dissolved by the King to the date on which the following conditions are met: (1)) the national social security Office legally assume the missions referred to in section 1 of chapter II of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security of workers;
(2) FAMIFED legally assumes the "family benefits" missions of the Office of the special social security schemes;
(3) the federal Pension Service legally assumes the activities of the Office of the special schemes of social security pension;
(4) transfers of personnel referred to in article 42 were made.
Art. 47. in the General Law on family allowances of December 19, 1939, it is inserted an article 32sexies as follows: "Article 32sexies. All missions carried out by the Fund of special family allowances referred to in article 32, by or under sections 32 to 32quinquies, are performed by FAMIFED from 1 September 2016, with the exception of tasks on new applications, which are exercised by FAMIFED from July 1, 2016. "."
Art. 48. articles 10 and 11 of the Act of May 12, 2014, establishing the Office of the special social security schemes are repealed, given the provisions of paragraph 1.
Art. 49. the King may, by Decree deliberated in the Council of Ministers, change, complement, replace or repeal existing legal provisions to bring them into line with those contained in articles 5, 6, 35, 36 and 37.
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6 - entry into force art. 50. this Act comes into force January 1, 2017, with the exception of the following items: (1) articles 5 and 37 take effect January 1, 2016;
(2) section 42 comes into force the day of the publication of this law in the Official Gazette;
(3) sections 44 and 45 are effective January 1, 2016;
(4) article 47 come into force June 30, 2016;
(5) this section comes into force on the day of the publication of this law in the Official Gazette.
Enact this Act, order that it self clothed with the seal of State and published in the Moniteur belge.
Given in Brussels, 10 July 2016.
PHILIPPE by the King: the Minister of employment, K. PEETERS the Minister of Social Affairs, Mr. BLOCK S. VALENTINE sealed with the seal of the State, the Minister of Home Affairs, J. HAM the Minister of Pensions, D. BACQUELAINE. the Minister of the public service: the Minister of Justice, K. GEENS _ Note (1) Session-2015-2016.
Houses of representatives.
Documents. -Doc 54-1809.