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21 DECEMBER 2013. - An Act to amend the Act of 29 June 1981 establishing the general principles of social security for wage workers

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers have adopted and We sanction the following
Article 1^er.
This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2.
Section 31quater of the Act of 29 June 1981 establishing the general principles of social security for wage workers, inserted by the Act of 30 December 2009, is supplemented by a paragraph 6, which reads as follows:
§ 6. In the event of the transfer of the clientele of a registered social secretariat, as defined in Article 31ter, § 2°, as well as the rights and obligations related thereto, to another registered social secretariat, the powers of attorneys linking employers affiliated to the former social secretariat may be automatically transferred and taken over by the new social secretariat, by derogation from the procedure provided for in § 2.
If a registered social secretariat opts for this automatic transfer system, proxys shall not be sent to the National Social Security Office or the National Social Security Office of provincial and local governments as prescribed by § 2.
An automatic transfer is only possible if the conditions described below are met:
1° the new and the former social secretariat shall jointly inform the National Social Security Office or the National Social Security Office of the provincial and local governments of the decision on the transfer of the clientele by the beginning of the second quarter preceding the effective transfer;
2° no later than the beginning of the second quarter preceding the effective transfer, the new and the former social secretariat shall jointly inform employers affiliated with the former social secretariat on the following elements:
(a) the specified or proposed date of the transfer;
(b) the fact that the content and conditions of the mandate and the contract with the former social secretariat are taken over in full by the new social secretariat;
(c) principles of transfer, including payments and other agreements relating to the past;
(d) the possibility for the employer, if it does not wish to join the new social secretariat, to object to the automatic transfer of its mandate by means of an express notification to the former social secretariat before the end of the second month of the second quarter preceding the transfer;
(e) the employer's responsibility for proof of the notification referred to in (d) and for the continuity of social administration.
3° before the beginning of the previous quarter the effective transfer, the new social secretariat shall notify the National Social Security Office or the National Social Security Office of the provincial and local governments, in the form of a signed declaration, the list of the employers' ONSS numbers that are transferred to it, in the form of a signed declaration;
4° before the beginning of the previous quarter the effective transfer, the former social secretariat shall notify the National Social Security Office or the National Social Security Office of the provincial and local governments, in the form of a signed declaration, the list of employers' ONSS numbers that have refused the transfer to the new social secretariat;
5° the new social secretariat keeps up to date for each employer to whom it has addressed in the above procedure a file, in which any communication about the transfer, as indicated in the above-mentioned points 1° to 4°, is noted.
This file is at the first request of the institutions referred to in item 1 for consultation.
Art. 3.
This Act produces its effect on 1^er April 2013.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment:
Ms. M. DE CONINCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
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Note
House of Representatives
Document - 53K3106
Senate
Document - 53-2384