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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Published the: 2016-12-29 Numac: 2016022503 FEDERAL social security PUBLIC SERVICE, SERVICE PUBLIC FEDERAL employment, work and social dialogue and FEDERAL finance 20 December 2016 PUBLIC SERVICE. -Law on the various provisions in the social field (1) PHILIPPE, King of the Belgians, all, present and future, A salvation.
The rooms have 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. -Amendments to the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security for workers Section 1st. -Missions of the national social security Office art. 2. article 5/1 of the law of 27 June 1969, revising the Decree-Law on 28 December 1944 concerning social security for workers, inserted by the law of July 10, 2016, is supplemented by a paragraph to read: "in this case, both for contributions for dues increases and interest on arrears, the modes of perception and collection must be the same as those provided for in this Act.".
Art. 3. article 5/2 of the same Act, inserted by the law of July 10, 2016, is supplemented by a paragraph as follows: "§ § 4 4." For the purposes of this article, both for contributions for dues increases and interest on arrears, the modes of perception and collection must be the same as those provided for in this Act. "."
Art. 4. article 5/3 of the same Act, inserted by the law of 10 July 2016 is supplemented by the words: ", following the rules specified".
Art.
5. items 8/3 to 8/4 of the same Act, inserted by the law of 10 July 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 regulating certain matters related to Famifed and the federal Service of Pensions including the date of entry into force is 1 January 2017, are repealed.
Art. 6. in article 19 of the same law, restored by the law of July 10, 2016, the words "referred to in article 20," are repealed.
Art.
7. article 20 of the Act, restored by the law of July 10, 2016, is repealed.
Art. 8. article 42, paragraph 6, of the Act, as last amended by the Act of 10 July 2016 assignment of new missions of perception and integration of some missions and some of the staff of the Office of the special schemes of social security to the National Social Security Office, and regulate certain matters related to Famifed and the Federal Pension Service , including the date of entry into force is 1 January 2017, is replaced by the following: "the claims by the national social security Office on the procedures referred to in article 8/2 paid unduly, prescribes five years taking classes the day of the payment. Above actions against UNRWA for payment of due procedures prescribes five years taking courses on the day of their due. "."
Section 2. -Prescription art. 9. in article 42, paragraph 6, 2 °, of the same law, the words "in article 30bis" are replaced each time by the words "articles 30bis and 30ter".
Section 3. -Entry into force art. 10. This chapter enter into force January 1, 2017, with the exception of article 2, which becomes effective on January 1, 2016.
CHAPTER 3. -Amendments to the law of 29 June 1981 establishing the General principles of social security for workers art. 11. in article 24 of the law of 29 June 1981 establishing the principles General of security for workers, amended lastly by the law of 10 July 2016, inserted a paragraph 2bis to read: "§ 2bis." By derogation from the provisions of § 1, part of the global financial resources, referred to in article 22, § 2, has), is assigned to the federal pension services for the financing of pensions from statutory staff members affiliated with the pension fund attached to the provincial and local governments.
This amount of 47 000 000 of euros on annual basis (base 2015 = 100) is adapted annually to the fluctuation rate of the average index of prices to the consumer. "."
Art. 12. article 74 of the law on 25 April 2014 with various provisions on social security is repealed.
Art. 13. This chapter enter into force January 1, 2017.
CHAPTER 4. -Amendment of the law of 30 March 1994 on social provisions art. 14. in the law of 30 March 1994 covering of social provisions, inserted a 69bis article as follows: "the federal public Service interior is responsible for the payment to the local authorities designated by the Minister of the Interior of the annual or multi-year allocations referred to in article 69 (1) and (3), first indent, for the realization of a programme of social security challenges and for the realization of initiatives on the prevention of crime."
Federal public Service Justice is responsible for the payment of annual or multi-year, allowances referred to in article 69, 4 °, to local authorities or other beneficiaries referred to in art. 69, paragraph 6 of the same Act, designated by the Minister of the Interior and the Minister of Justice.
These allowances are in charge of a specific budget item from the general budget of expenditures. "."
Art. 15. in the law of 30 March 1994 social provisions, article 69, paragraph 1, (4), is replaced as follows: "(4) an allowance for the exercise of a mission or an allowance for staff costs, ways of action for additional recruitment and operating costs for support of a public interest, a job worth working, training and treatment as part of a court when the local authority concludes on this subject a convention with" the Minister in charge of Justice. "."
CHAPTER 5. -Amendment 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 provisions amending art.
16A article 9 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 (amended last by the law of June 6, 2016, the following changes are made: (1) 7) is replaced by the following: "7) administration fees of the NSSO which are related to the collection of contributions referred to in article 13: 1), indents 3 and 4, and sections 16 to 20;";
8 (2) is replaced by the following: "8) administration of FPS costs that are related to the vro of provincial and local government pension fund management.".
Art. 17. Article 13: 1), 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 amended last by the law of May 12, 2014, the following changes are made: (1) the first indent 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 for employees;";
(2) the second indent is repealed. "."
Art. 18. article 27 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 is repealed.
Art. 19. This chapter enter into force January 1, 2017.
CHAPTER 6. -Amendments to the law of 3 July 1967 on prevention or the repair of the damage resulting from work accidents, accidents occurring on the way of work and of occupational diseases in the public sector art.
20. in article 1, 2 ° of the law of 3 July 1967 on preventing or repairing the damage resulting from work accidents, accidents on the way to work and diseases in the public sector, amended last by the law of May 17, 2007, the words ", corporations under public law 'Brussels South Charleroi Airport Security' "Liège

Airport Security"and"the Spa-Francorchamps circuit,"" shall be inserted between the words "public economic enterprises" and the words "only with regard to staff". "
Art. 21. in the same Act, it is inserted an article 1/1 to read: "Article 1/1. This Act is not applicable to HR Rail staff members, updated or not available to the SNCB or to Infrabel, be they in connection registered with HR Rail or committed by contract. "."
Art.
22. article 20 effect 1 April 2016. Article 21 takes effect January 1, 2014.
CHAPTER 7. -Modification of the royal decree of 5 November 2002 establishing an immediate declaration of employment, in accordance with article 38 of the law of 26 July 1996 on modernisation of the social security and ensuring the viability of the legal pension scheme article 23. in article 3, § 1, 2 °, of the royal decree of 5 November 2002 establishing a statement of immediate employment, in application of article 38 of the Act of 26 July 1996 on modernisation of the social security and ensuring the viability of legal pension schemes, amended by the decrees of 27 March 2003 and July 3, 2005, the word "17 "is repealed.
Art. 24. the present chapter takes effect January 1, 2017.
CHAPTER 8. -Modification of the programme law of August 10, 2015 art. 25. in article 5, 4 °, of the programme law of August 10, 2015, amended by the law of 16 November 2015, the words "recognition" are replaced by the words "approval".
Art. 26. the present chapter takes effect January 1, 2017.
CHAPTER 9. -Transfer of the proceeds of the sale of a property by the Federal Agency for family allowances to the ONSS management global art. 27. the federal family allowances agency transfers to the ONSS overall management of 501 124 EUR, or the net proceeds from the sale of the real unit sis in 2000 Antwerp, Van Eycklei 48-50 and 51 and Jacob Jordaenstraat 16-18, property of the Agency.
Art. 28. This chapter comes into force the day of its publication in the Official Gazette.
CHAPTER 10. -Modification of the law of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security art. 29. in article 11bis, § 2, of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, inserted by the law of April 8, 2003, to read paragraph is inserted between paragraphs 1 and 2, which becomes paragraph 3: "the Crossroads Bank can therefor, after authorization of the Committee of social security and of health collect and save the social personal data necessary for a specified period and communicate them to instances of grant."
Art. 30. the present chapter takes effect April 1, 2016.
CHAPTER 11. -Amendment of the laws relating to the prevention of occupational diseases and the repair of the damage resulting from these, coordinated on 3 June 1970, art. 31. in article 49 of the laws on the prevention of occupational diseases and to repair the resulting damage of these, 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 July 13, 2006, the following changes are made: (1) paragraph 3 is replaced by the following : "For the purposes of paragraph 1, should be replaced article 34, paragraph 1, of chapter II, section 4, of the Act of 10 April 1971 on the accidents at work by the following provision:"Means basic salary, the compensation to which the worker is entitled for the period four complete quarters preceding the application, due to the function in the business";" the term "accident" in article 36, § 2, paragraph 1 of the aforementioned section should be replaced by the words "request"; the term "accident" in section 38 of the aforementioned section should be replaced by the words "occupational disease";
the words "the date of the accident"in section 39 of the above-mentioned section must be replaced by the words "the date of the beginning of compensation for incapacity for work".";
(2) paragraphs 4 and 5 are repealed;
(3) a paragraph which became paragraph 4, to read is inserted between paragraphs 5 and 6: "When a new period of temporary incapacity for work or a permanent disability is recognized as part of a review of office, basic pay is the compensation to which the worker was entitled for the period of four complete quarters preceding the date of the medical examination in this review of office.";
(4) paragraphs 6 and 7 shall be replaced by a paragraph written as follows, which becomes paragraph 5: "If the victim, during the period of the four complete quarters preceding the application, has more professional activity, the base salary is the compensation to which the worker is entitled for the period of the last four full quarters during which the victim has exercised a professional activity indexed until the date of incapacity for work compensation course. "."
CHAPTER 12. -Amendments to the Act of 10 April 1971 on the accidents at work art. 32. in article 24, paragraph 4, of the Act of 10 April 1971 on work accidents, amended by the law of July 13, 2006, the following changes are made: (1) the words "at least twenty-one and a half years old" are replaced by the words "at least nineteen years old";
(2) in the Dutch text, the words "gewaarborgd gemiddeld maandelijks minimumloon" are replaced by the words "gemiddeld gewaarborgd minimum maandinkomen".
Art. 33. in article 24, paragraph 5 of the same Act, inserted by the law of 22 December 1989 and in article 27A, paragraph 5 of the same Act, inserted by the law of July 13, 2006, in the Dutch text, the words "gewaarborgd gemiddeld maandelijks minimumloon" are replaced by the words "gemiddeld gewaarborgd minimum maandinkomen".
CHAPTER 13. -Changes in the programme law of 27 December 2004 art. 34. article 334 of the programme law of 27 December 2004, amended by the law of December 22, 2008, is replaced as follows: "any sum to be returned or to be paid to a person by the federal public Service Finance or by the national social security Office, can be assigned without formalities and the choice of the competent official, to the payment of the sums due by that person for the collection and recovery are provided by the Service public federal Finance or by" the national social security Office, by or under any provision having the force of law.
The assignment without formalities referred to in paragraph 1 for any amount, regardless of the nature, to return or pay: (1) either in the context of the application of the tax laws that are the responsibility of the Service public federal Finance, or of laws, taxes or not, for which the collection and recovery are provided by the federal public Service;
(2) or in the application of the laws of social security falling within the competence of the national social security Office, or for which the collection and recovery are provided by this institution;
(3) either under the provisions of civil law relating to the indu;
(4) is under a binding court decision in the context of legal actions related directly or indirectly to the application of the aforementioned laws.
The assignment is limited to the uncontested part of claims against that person.
"This article is still applicable in the event of seizure, assignment, competition or insolvency situation."
Art.
35. This chapter comes into force the day of its publication in the Official Gazette.
CHAPTER 14. -Confirmation of the royal decree of December 13, 2016, amending the royal decree of 10 June 2001 establishing the uniform term of "average daily remuneration" in application of article 39 of the law of 26 July 1996 on modernisation of the social security and ensuring the viability of the legal pension schemes and harmonizing legal provisions art. 36. the royal decree of December 13, 2016, amending the royal decree of 10 June 2001 establishing the uniform term of "average daily remuneration" in application of article 39 of the law of 26 July 1996 on modernisation of the social security and ensuring the viability of the legal pension schemes and harmonizing legal provisions is confirmed.
Art. 37. the present section is effective December 30, 2016.
CHAPTER 15. -Amendment of the laws relating to annual vacation for salaried workers, coordinated on June 28, 1971, art. 38. in annual workers vacation laws, coordinated on June 28, 1971, last changed by the Act of 16 November 2015, it is inserted an article 33(a) to read: "the national Office shall forward the records of debtors reluctant to administration of the Service public federal Finance in charge of the collection and non-tax debt collection" with a view to the recovery of payments industry in accordance with articles 3 and following of the national law of December 22, 1949.
All costs of prosecution and justice, compensation

and other charges facing the above-mentioned administration would be condemned are responsibility of the Agency and may be retained by this administration, on the recovered amount. "."
CHAPTER 16. -Amendments to the law of 16 August 2016 for fusion of the Fund for accidents at work and occupational diseases article Fund
39. in article 5, § 2, of the law of 16 August 2016 for fusion of the Fund for accidents at work and occupational diseases Fund, clause 3 is repealed.
Art. 40. article 5 of the same law is completed by paragraphs 5, 6 and 7 written as follows: "§ § 5 5" For each of the management committees referred to the § 1, 2 ° and 3 °, a Commissioner of the Government is appointed by the King on the proposal of the responsible Minister.
One of the Commissioners of the Government referred to in the preceding paragraph also serves the Government Commissioner to the general management committee referred to the § 1, 1 °.
§ 6. For the general management committee referred to the § 1, 1 °, a Commissioner of the Government of the Budget is appointed by the King on the proposal of the Minister who has the Budget responsibilities.
§
7. The Commissioners of the Government of the Management Committee referred to the § 1, 1 °, are responsible for the development and monitoring of the budget and the administration contract. They are working together with the Commissioners of the Government of the other management committees for issues concerning these committees. "."
Art. 41. article 21 of the same Act is supplemented by paragraphs 3 and 4 are written as follows: "§ § 3 3." Those who, on December 31, 2016, are referred to the office of Commissioner of the Government to the Management Committee of the Fund for accidents at work and occupational diseases Fund Management Committee continue to perform their function, from January 1, 2017, respectively with the Management Committee of accidents at work and occupational diseases of the Institution's Management Committee , until the appointment of new Commissioners of the Government by the King.
The person named as Commissioner of the Government in the management of the Compensation Fund Committee has also served as Commissioner of the Government to the general management committee.
§ 4. The person who, on December 31, 2016, is designated to serve as Commissioner of the Government of the Budget with the Management Committee of the occupational diseases Fund continues to perform its function, from January 1, 2017, with the general Committee of management referred to in article 5, § 1, 1 °, until the appointment of a new Commissioner of the Government of the Budget by the King. "."
Art. 42. This chapter takes effect on September 5, 2016.
CHAPTER 17. -Modification of the Code criminal social art. 43. article 8 of the social Criminal Code, replaced by the law of July 1, 2016, is supplemented by a paragraph to read: "In anticipation of the appointment of the Executive Officer agent referred to in the preceding paragraphs, the official leader of the direction general control of the social legislation of the federal public service employment, work and dialogue social, to December 31, 2016, continues to perform this function until July 1, 2017.".
Art.
44. This chapter enter into force January 1, 2017.
CHAPTER 18.
-Amendments to the law of 16 November 2015 bearing of various provisions in the social field art.
45. article 48 of the law of 16 November 2015 bearing of various provisions in the social field is replaced by the following: "art. 48. This chapter comes into force January 1, 2017, to the exclusion of article 47, 2), which enters into force on January 1, 2018.
The King may for article 47, 2), a date of entry into force prior to 1 January 2018. "."
Art. 46. This chapter enter into force January 1, 2017.
CHAPTER 19. -Payment and recovery of allowances referred to in article 69 of the law of 30 March 1994 covering of social provisions art. 47. from January 1, 2017, the competence for payment and recovery of allowances referred to in article 69 of the law of 30 March 1994 social provisions, which is currently entrusted to the ORPSS on the basis of article 21 of the Act of May 12, 2014 establishing the Office of plans individuals of social security whose existence will cease on December 31, 2016, is respectively transferred to skills that affect them to the FPS Interior and Federal Justice.
This jurisdiction includes the payments and recoveries of rights and debts prior to 2017.
The balance of these allowances in support of a specific budget item from the Budget of the ORPSS is paid to Treasury to December 31, 2016.
Enact this Act, order that it is apposed to the seal of the State and published in the Moniteur belge.
Given in Brussels, 25 December 2016.
PHILIPPE by the King: the employment Minister, K. PEETERS. the Minister of Home Affairs, J. ham the Minister of Social Affairs, Ms. M. from BLOCK the Minister of Pensions, D. BACQUELAINE. the Minister of finance, J. VAN OVERTVELDT the Minister of independent, W. demanding the Minister of public service, S. Valentine the Minister of mobility, F. BELLOT sealed with the seal of the State : The Minister of Justice, K. GEENS _ Note (1) Session-2016-2017.
House of representatives Documents 54 2210

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