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Law Amending The Law Of June 27, 1969, Revising The Decree-Law Of 28 December 1944 On Workers Safety And Repealing Chapter Iii, Section 3, Of The Royal Decree Of 28 November 1969 Taken In Execution Of The Law Of 27 June 1969 Revis

Original Language Title: Loi modifiant la loi du 27 juin 1969 révisant l'arrêté-loi du 28 décembre 1944 concernant la sécurité sociale des travailleurs et abrogeant le chapitre III, section 3, de l'arrêté royal du 28 novembre 1969 pris en exécution de la loi du 27 juin 1969 révis

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http://www.ejustice.just.fgov.be/eli/loi/2016/12/01/2016206165/monitor

1 DECEMBER 2016. - An Act to amend the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and repealing chapter III, section 3, of the Royal Decree of 28 November 1969 pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, with regard to the collection by means of constraint by the National Social Security Office of 2003



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In Article 12, § 3, paragraph 2, of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, replaced by the Law of 29 March 2012, the words "without judicial proceedings" are replaced by the words "without recourse to judicial proceedings or coercion".
Art. 3. Article 30bis, § 3, paragraph 9, of the Act, replaced by the Act of 27 April 2007, is repealed.
Art. 4. Section 40 of the Act, replaced by the Act of 4 August 1978 and amended by the Act of 29 March 2012, is replaced by the following:
“Art. 40. §1. The National Social Security Office shall collect the amounts due to it by means of constraint, without prejudice to its right to quote before the judge.
§ 2. Contributions, contribution increases, late interest, lump sum allowances, including increases and amounts referred to in sections 30bis and 30ter may be recovered by constraint from the time the special role to which they are mentioned is rendered enforceable.
An enforceable role is enforceable for recovery.
The roles are rendered enforceable by the deputy head, deputy head or a staff member delegated to that end by the Management Committee.
§ 3. The constraint of the National Social Security Office is granted by the deputy head, deputy head or a staff member delegated for this purpose by the Management Committee.
§ 4. The constraint is meant to the debtor by exploiting judicial officers. The meaning contains a command to pay within 24 hours, barely executing by way of seizure, as well as an accounting justification for the amounts required as well as a copy of the executive.
§ 5. The debtor may file an opposition to constraint before the Labour Court of his home or head office.
The opposition is only motivated by nullity; it is formed by means of a quote to the National Social Security Office by exploiting bailiff within fifteen days from the meaning of constraint. The provisions of Chapter VIII, Part I, of the Judicial Code are applicable to this period, including extensions provided for in Article 50, paragraph 2, and Article 55 of this Code.
The exercise of the opposition to constraint suspends the enforcement of constraint, as well as the limitation of the claims contained in the constraint, until it has been decided on its merits. The seizures already practised earlier retain their conservative character.
§ 6. The National Social Security Office may enforce the arrest and enforcement of the constraint by using enforcement channels provided for in Part V of the Judicial Code.
Partial payments made as a result of the meaning of a constraint do not hinder prosecution.
§ 7. The costs of service of the constraint as well as the costs of execution or interim measures are borne by the debtor.
They are determined in accordance with the rules established for acts performed by judicial officers in civil and commercial matters.
§ 8. The administrative and judicial recovery of contributions, contribution increases, late interest, legal costs, lump-sum benefits including increases and amounts referred to in sections 30bis and 30ter, is a public service mission that may be delegated by the National Social Security Office to a concessionaire. This mission includes all the preparatory and enforcement actions necessary for the administrative and judicial recovery of unpaid claims to which the National Social Security Office ensures recovery, such as the distribution of requests for intervention with the competent judicial officers, the administrative and financial management of the judicial officers, the electronic transmission to the latter of the personal data of the debtors, the judgments, constraints and other enforceable documents to serve and execute disputes
The disclosure of the personal data of the debtors of the National Social Security Office to the concessionaire and judicial officers and their processing, within the framework of the public service mission referred to in paragraph 1st, have for the sole purpose the recovery of outstanding claims to which the National Social Security Office collects.
The personal data that can be processed in accordance with paragraph 2 are the personal data necessary for the recovery of outstanding claims, which the National Social Security Office collects, including those mentioned on enforceable securities. These are data such as:
- name, first name, national registry number, date of birth, place of birth, sex, civil status, marital regime, profession, family composition, contact details (mail, telephone,...), address of domicile and residence, bank account number of the debtor or a third party seized, claiming, heir or co-owner, co-saisi, agent, partner;
- the enforceable securities obtained by the ONS;
- the acts of judicial officers;
- movable or immovable, tangible or intangible property listed by the judicial officer;
- the data to be contained in the acts of bailiffs, as provided for in the Judicial Code;
- the amount and nature of social debts;
- information exchanged to ensure the execution of enforceable securities;
- extracting the file from the input notices;
- the status of judicial proceedings relating to ongoing seizures.
The data in question are processed in accordance with the principles referred to in section 4 of the Privacy Protection Act of 8 December 1992 with respect to personal data processing.
The National Social Security Office is responsible for the processing of these personal data. It is authorized to disclose such personal data to the concessionaire and judicial officers for processing in accordance with the legal purposes specified in paragraph 3.
The concessionaire can only retain the time necessary to complete the recovery procedure, i.e., until the debt payment or the declaration of irrecoverability and the closing of the intervention of the judicial officer in the proceedings in question. »
Art. 5. In the Act of 24 February 2003 on the modernization of social security management and on electronic communication between companies and the federal authority, an article 4/3 is inserted as follows:
"Art. 4/3. All communications from social security institutions with a company, agent or curator are made using an electronic technique via the secure mail box referred to in 4/2.
The King shall determine, after the advice of the Bank-Carrefour Administrative Committee of Social Security, the date of entry into force of paragraph 1. The effective date may differ depending on the social security institution and/or the type of communication. "
Art. 6. In chapter III of the Royal Decree of 28 November 1969, which was implemented by the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, section 3, comprising sections 43 bis to 43sexies, inserted by the Royal Decree of 5 August 1991, is repealed.
Art. 7. Sections 1 to 4 and 6 come into force on January 1, 2017.
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 1 December 2016.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Minister of Justice,
K. GEENS
The Minister of Social Affairs,
Ms. M. DE BLOCK
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2014-2018.
House of Representatives
Documents. - DOC. Kamer nr. 54-2082/6