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Law On The Various Provisions In The Social Field (1)

Original Language Title: Loi portant des dispositions diverses en matière sociale (1)

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http://www.ejustice.just.fgov.be/eli/loi/2016/12/20/2016022503/monitor

20 DECEMBER 2016. - Act respecting various social provisions (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers
Section 1re. - Missions of the National Social Security Office
Art. 2. Article 5/1 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 10 July 2016, is supplemented by a paragraph written as follows:
"In this case, both for contributions and for contribution increases and late interest, the methods of collection and collection must be the same as those provided for in this Act."
Art. 3. Section 5/2 of the Act, inserted by the Act of 10 July 2016, is supplemented by a paragraph written as follows:
§ 4. For the purposes of this section, both for contributions and for contribution increases and late interest, means of collection and recovery must be the same as those provided for in this Act.".
Art. 4. Article 5/3 of the same law, inserted by the law of 10 July 2016 is supplemented by the words ", according to the rules specified therein".
Art. 5. Sections 8/3 to 8/4 of the Act, inserted by the Act of 10 July 2016 on the assignment of new missions for the collection and integration of certain missions and part of the staff of the Office of Special Social Security Plans to the National Office of Social Security and regulating certain matters relating to Famifed and the Federal Service of Pensions, the date of entry into force of which is 1er January 2017, are repealed.
Art. 6. In section 19 of the Act, re-established by the Act of July 10, 2016, the words "seen to section 20," are repealed.
Art. 7. Section 20 of the Act, reinstated by the Act of 10 July 2016, is repealed.
Art. 8. Section 42, paragraph 6, of the Act, last amended by the Act of 10 July 2016 on the assignment of new missions for the collection and integration of certain missions and part of the staff of the Office of Special Social Security Plans to the National Office of Social Security and regulating certain matters relating to Famifed and the Federal Service of Pensions, the date of entry into force of which is 1er January 2017, is replaced by the following:
"The claims of the National Social Security Office concerning the interventions referred to in Article 8/2 unduly paid are prescribed by five years on the day of payment. The actions against the Agency for the payment of the above-mentioned interventions are prescribed by five years on the day of their due diligence. ".
Section 2. - Prescription
Art. 9. In section 42, paragraph 6, 2°, of the same law, the words "in section 30bis" are replaced by the words "in sections 30bis and 30ter".
Section 3. - Entry into force
Art. 10. This chapter comes into force on 1er January 2017, with the exception of section 2, which produces its effects on 1er January 2016.
CHAPTER 3. - Amendments to the Act of 29 June 1981 establishing the general principles of social security for wage workers
Art. 11. In section 24 of the Act of 29 June 1981 establishing the general principles of social security of employed workers, as last amended by the Act of 10 July 2016, a paragraph 2bis is inserted as follows:
" § 2bis. By derogation from the provisions of § 1era portion of the overall financial resources referred to in section 22, paragraph 2, (a), is allocated to the Federal Pension Service for the financing of pensions of members of the statutory staff affiliated to the solid pension fund of the provincial and local governments.
This amount of 47,000 000 euros per year (base 2015 = 100) is adjusted annually to the fluctuation rate of the average consumer price index. ".
Art. 12. Section 74 of the Act of 25 April 2014 on various social security provisions is repealed.
Art. 13. This chapter comes into force on 1er January 2017.
CHAPTER 4. - Amendment of the Act of 30 March 1994 on social provisions
Art. 14. In the Act of 30 March 1994 on social provisions, an article 69bis is inserted as follows:
"The Federal Inland Public Service is responsible for the payment to the local authorities designated by the Minister of the Interior of the annual or multi-year allowances referred to in section 69, 1 and 3°, the first draw, for the realization of a program relating to the security problems of society and for the implementation of initiatives related to the prevention of crime.
The Federal Public Service Justice is responsible for the payment of annual or multi-year allocations, referred to in Article 69, 4°, to the local authorities or other beneficiaries referred to in Art. 69, paragraph 6 of the Act, designated by the Minister of the Interior and by the Minister of Justice.
These allocations are dependent on a specific budget item included in the general expenditure budget. ".
Art. 15. In the Act of 30 March 1994 on social provisions, section 69, paragraph 1er, 4°, is replaced as follows:
"4° an allowance for the exercise of a mission or an allowance for personnel costs, means of action for additional recruitments and operating expenses for the support of work of general interest, work penalty, training and treatment in the context of a judicial measure when the local authority concludes a convention with the Minister having the Justice in his or her duties. ".
CHAPTER 5. - Amendment of the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions and containing various amended provisions
Art. 16. Section 9 of the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis to provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special provisions for social security and containing various amended provisions, last amended by the Act of 6 June 2016, the following amendments are made:
1° 7) is replaced by the following:
"7) the administrative costs of the SSAs that are related to the collection of the contributions referred to in section 13, 1), dashes 3 and 4, and sections 16 to 20;"
2° 8) is replaced by the following:
"8) the administrative costs of the PES that are related to the management of the Solidarized Pension Fund of provincial and local governments. ".
Art. 17. In section 13, (1), of the Act of 24 October 2011 providing for the permanent funding of pensions of staff appointed on a final basis by provincial and local governments and local police zones and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and making special provisions for social security and containing various amendments, last amended by the Act of 12 May 2014, the following amendments are made:
1° the first dash is replaced by the following:
"- the amount paid pursuant to Article 24, § 2bis of the Law of 29 June 1981 establishing the general principles of social security of employed workers;";
2° the second dash is repealed.".
Art. 18. Section 27 of the Act of 24 October 2011 providing for the continued funding of pensions for staff appointed on a final basis from provincial and local governments and local police areas and amending the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions and containing various amended provisions, is repealed.
Art. 19. This chapter comes into force on 1er January 2017.
CHAPTER 6. - Amendments to the Act of 3 July 1967 on the Prevention or Repair of Damage Caused by Industrial Accidents, Occupational Accidents and Occupational Diseases in the Public Sector
Art. 20. In Article 1er, 2° of the law of 3 July 1967 on the prevention or repair of damage resulting from industrial accidents, accidents on the way to work and occupational diseases in the public sector, last amended by the law of 17 May 2007, the words ", anonymous companies of public law "Brussels South Charleroi Airport Security", "Liège Airport Security" and "the circuit of Spa-Francorchamps" are inserted public words between
Art. 21. In the same Act, an article 1/1 is inserted as follows:
Article 1/1. This Act is not applicable to personnel of HR Rail, whether or not available to the SNCB or Infrabel, whether in a statutory relationship with HR Rail or contracted to work."
Art. 22. Article 20 produces its effects on 1er April 2016. Article 21 produces its effects on 1er January 2014.
CHAPTER 7. - Amendment of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes
Art. 23. In Article 3, § 1, 2°, of the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to Article 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the decrees of 27 March 2003 and 3 July 2005, the word "17," is repealed.
Art. 24. This chapter comes into force on 1er January 2017.
CHAPTER 8. - Amendment of the Programme Law of 10 August 2015
Art. 25. In Article 5, 4°, of the Programme Law of August 10, 2015, as amended by the Law of November 16, 2015, the words "acceptance" are replaced by the words "accreditation".
Art. 26. This chapter comes into force on 1er January 2017.
CHAPTER 9. - Transfer of the proceeds from the sale of a real estate package by the Federal Agency for Family Allowances to the Global Management SONS
Art. 27. The Federal Agency for Family Allowances transfers to the ONS Global Management an amount of EUR 501,124, which is the net proceeds of the sale of the real estate unit located at 2000 Antwerp, Van Eycklei 48-50 and 51 and Jacob Jordaenstraat 16-18, owned by the Agency.
Art. 28. This chapter comes into force on the day of its publication in the Belgian Monitor.
CHAPTER 10. - Amendment of the Act of 15 January 1990 on the institution and organization of a Social Security Bank
Art. 29. In Article 11bis, § 2, of the Law of 15 January 1990 on the institution and organization of a Crossroads Bank of Social Security, inserted by the Law of 8 April 2003, a paragraph written as follows is inserted between paragraphs 1er and 2, which becomes paragraph 3:
"The Crossroads Bank can, after the authorization of the Sectoral Committee on Social Security and Health, collect and record the personal social data required for a specified period of time and communicate them to the granting authorities."
Art. 30. This chapter produces its effects on 1er April 2016.
CHAPTER 11. - Amendment of laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970
Art. 31. In section 49 of the Acts relating to the Prevention of Occupational Diseases and the Repair of Damage resulting from Occupational Diseases, coordinated on 3 June 1970, amended by the Royal Decrees of 30 March 1978 and 10 June 2001 and by the Laws of 9 July 2004 and 13 July 2006, the following amendments are made:
1° Paragraph 3 is replaced by the following:
"For the purposes of paragraph 1er, replace section 34, paragraph 1erChapter II, section 4, of the Labour Accidents Act of 10 April 1971 by the following provision:
"Basic remuneration means the remuneration to which the worker is entitled for the period of the four full quarters prior to the application, because of the work performed in the undertaking"; the words "accident" in Article 36, § 2, paragraph 1er the above section must be replaced by the words "application"; the words "accident" in section 38 of the above section must be replaced by the words "occupational disease"; the words "the date of the accident" in section 39 of the above section must be replaced by the words "the date of the commencement of compensation for the incapacity of work". ";
2° paragraphs 4 and 5 are repealed;
3° a paragraph, which becomes paragraph 4, is inserted between paragraphs 5 and 6:
"When a new period of temporary incapacity or permanent incapacity for work is recognized as part of an ex officio review, the basic remuneration is the remuneration to which the worker was entitled for the period of the four full quarters prior to the date of the medical examination carried out in the course of this ex officio review. ";
4° paragraphs 6 and 7 are replaced by a paragraph, which reads as follows, which becomes paragraph 5:
"If the victim, during the four-quarter period prior to the application, no longer performs professional activity, the basic salary is the remuneration to which the worker is entitled for the period of the last four quarters in which the victim has been engaged in a professional activity, indexed until the date on which the incapacity of work is paid."
CHAPTER 12. - Amendments to the Labour Accidents Act of 10 April 1971
Art. 32. In section 24, paragraph 4, of the Labour Accidents Act of 10 April 1971, as amended by the Act of 13 July 2006, the following amendments are made:
1° the words "aged by at least twenty-one and a half years" are replaced by the words "aged by at least nineteen years";
2° in the Dutch text, the words "gewaarborgd gemiddeld maandelijks minimumloon" are replaced by the words "gewaarborgd gemiddeld minimum maandinkomen".
Art. 33. In article 24, paragraph 5 of the same law, inserted by the law of 22 December 1989 and in article 27 bis, paragraph 5 of the same law, inserted by the law of 13 July 2006, in the Dutch text, the words "gewaarborgd gemiddeld maandelijks minimumloon" are replaced by the words "gewaarborgd gemiddeld minimum maandinkomen".
CHAPTER 13. - Amendments to the Programme Law of 27 December 2004
Art. 34. Section 334 of the Program Act of 27 December 2004, as amended by the Act of 22 December 2008, is replaced as follows:
"Any amount to be returned or paid to a person by the Federal Public Service Finance or the National Social Security Office, may be assigned without formalities and to the choice of the competent official, to the payment of the sums due by that person whose collection and recovery is provided by the Federal Public Service Finance or by the National Social Security Office, by or under a provision that has the force of law.
An assignment without formalities referred to in paragraph 1er any amount, regardless of nature, to be returned or paid:
1° is in the context of the application of the tax laws that fall within the jurisdiction of the Federal Public Service Finance, or the laws, tax or non-tax, for which the collection and collection are provided by the Federal Public Service;
2° either within the framework of the application of social security laws that fall within the competence of the National Social Security Office or for which the collection and recovery is provided by that institution;
3° or under the provisions of civil law relating to the undue;
4° either by virtue of an enforceable judicial decision made in the context of legal proceedings directly or indirectly related to the application of the aforementioned laws.
The assignment is limited to the undisputed portion of the claims to that person.
This section shall remain applicable in the event of seizure, assignment, examination or insolvency proceedings. "
Art. 35. This chapter comes into force on the day of its publication in the Belgian Monitor.
CHAPTER 14. - Confirmation of the Royal Decree of 13 December 2016 amending the Royal Decree of 10 June 2001 establishing the uniform notion of "average daily remuneration" pursuant to Article 39 of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of legal pension schemes and harmonizing certain legal provisions
Art. 36. The Royal Decree of 13 December 2016 amending the Royal Decree of 10 June 2001 establishing the uniform notion of "average daily remuneration" pursuant to Article 39 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes and harmonizing certain legal provisions is confirmed.
Art. 37. This chapter comes into force on December 30, 2016.
CHAPTER 15. - Amendments to the laws relating to the annual holidays of employees, contacted on 28 June 1971
Art. 38. In the laws relating to the annual holidays of employees, coordinated on 28 June 1971, last amended by the law of 16 November 2015, an article 33bis is inserted as follows:
"The National Office shall forward the files of the reluctant debtors to the administration of the Federal Public Service Finance in charge of the collection and recovery of non-tax receivables, with a view to the collection of undue payments in accordance with sections 3 et seq. of the federal law of 22 December 1949.
All charges for prosecution and justice, compensation and other charges to which the above-mentioned administration would be sentenced shall be borne by the Agency and may be held by that administration on the amount recovered.".
CHAPTER 16. - Amendments to the Act of 16 August 2016 merging the Industrial Accidents Fund and the Occupational Diseases Fund
Art. 39. In Article 5, § 2, of the Act of 16 August 2016 merging the Labour Accidents Fund and the Occupational Diseases Fund, paragraph 3 is repealed.
Art. 40. Section 5 of the Act is supplemented by paragraphs 5, 6 and 7 as follows:
§ 5. For each management committee referred to in § 1er, 2° and 3°, a government commissioner is appointed by the King on the proposal of the guardianship minister.
One of the commissioners of the government referred to in the preceding paragraph also acts as Commissioner of the Government to the General Management Committee referred to in § 1er1°.
§ 6. For the general management committee referred to in § 1er, 1°, a Budget Government Commissioner is appointed by the King on the proposal of the Minister who has the Budget in his powers.
§ 7. The commissioners of the management committee referred to in § 1er, 1°, are competent for the development and monitoring of the budget and the contract of administration. They consult with the government commissioners of the other management committees on issues related to these committees. ".
Art. 41. Section 21 of the Act is supplemented by paragraphs 3 and 4 as follows:
§ 3. Persons who, as of December 31, 2016, are designated to serve as Commissioner of the Government to the Industrial Accidents Fund Management Committee and the Professional Diseases Fund Management Committee continue to serve as Commissioner of the Government from 1er January 2017, respectively with the Industrial Accident Management Committee and the Institute's Occupational Disease Management Committee, until the King appointed new government commissioners.
The person designated as the Commissioner of the Government in the Industrial Accidents Fund Management Committee also serves as the Commissioner of the Government in the General Management Committee.
§ 4. A person who, as of December 31, 2016, is designated to serve as Commissioner of the Budget Government to the Management Committee of the Professional Diseases Fund continues to perform his or her duties, from 1er January 2017, to the General Management Committee referred to in Article 5, § 1er,1°, until the appointment of a new Commissioner of the Budget Government by the King.".
Art. 42. This chapter produces its effects on September 5, 2016.
CHAPTER 17. - Amendments to the Social Criminal Code
Art. 43. Section 8 of the Social Criminal Code, replaced by the Act of 1er July 2016 is supplemented by a paragraph written as follows:
"Waiting the appointment of the proxy officer referred to in the preceding paragraphs, the senior management officer Control of the social laws of the federal public service Employment, Labour and Social Concertation, as of December 31, 2016, continues to perform this function until July 1, 2017. ".
Art. 44. This chapter comes into force on 1er January 2017.
CHAPTER 18. - Amendments to the Act of 16 November 2015 on various social provisions
Art. 45. Section 48 of the Act of 16 November 2015 on various social provisions is replaced by the following:
"Art. 48. This chapter comes into force on 1er January 2017 excluding section 47 (2), which comes into force on 1er January 2018.
The King may, for section 47, 2), set a date of entry into force before 1er January 2018. ".
Art. 46. This chapter comes into force on 1er January 2017.
CHAPTER 19. - Payment and recovery of benefits under section 69 of the Act of 30 March 1994 relating to social provisions
Art. 47. From 1er January 2017, the competence for payment and recovery of the allowances referred to in section 69 of the Act of 30 March 1994 relating to social provisions, which is currently entrusted to the ORPSS on the basis of section 21 of the Act of 12 May 2014 establishing the Office of Specific Social Security Regimes, whose existence will cease on 31 December 2016, is transferred respectively for the competences that concern them to the SPF Interior and SPF Justice.
This jurisdiction also concerns payments and recovery of rights and receivables prior to 2017.
The balance of these dependant allowances for a specific budget item included in the SORPS Budget is paid to the Consolidated Revenue Fund as of December 31, 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 December 2016.
PHILIPPE
By the King:
Minister of Employment,
K. PEETERS
Minister of Internal Affairs,
J. JAMBON
The Minister of Social Affairs,
Ms. M. DE BLOCK
Minister of Pensions,
D. BACQUELAINE
Minister of Finance,
J. VAN OVERTVELDT
Minister of Independents,
W. BORSUS
Minister of Public Service,
S. VANDEPUT
Minister of Mobility,
F. BELLOT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2016-2017.
House of Representatives
Documents 54 /2210