Key Benefits:
The President of the Republic,
On the Prime Minister's Report, Minister of Employment and Solidarity and the Minister of the Interior,
Given the Constitution, and in particular articles 38, 72 and 75;
Given the social security code;
Given the code of public health;
Given the general code of the Territorial communities;
In accordance with Act No. 85-10 of 3 January 1985 on various social provisions, in particular Article 98;
In view of Act No. 2001-503 of 12 June 2001 enabling the Government to take, by ordinances, The legislative measures necessary for the updating and adaptation of the applicable law overseas;
Having regard to Act No. 2001-616 of 11 July 2001 on Mayotte;
Having regard to Order No. 91-246 of 25 February 1991 concerning the code of Work applicable to Mayotte, ratified by Act No. 91-1379 of 28 December 1991;
In the light of Order No. 96-782 of 5 September 1996, as amended, relating to the general status of officials of the territorial community, municipalities and institutions Mayotte public, ratified by Act No. 97-1270 of 29 December 1997;
In view of Order No. 96-1122 of 20 December 1996 on the improvement of public health in Mayotte, ratified by Act No. 98-144 of 6 March 1998;
Vu Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
In view of Order No. 2002-149 of 7 February 2002 on the extension and generalisation of family benefits and protection Social in the departmental community of Mayotte;
In view of the opinion of the General Council of Mayotte on 8 March 2002;
In view of the opinion of the National Pension Fund for Employed Workers as of 27 February 2002;
Vu The opinion of the Central Agency of Social Security Institutions as of 4 March 2002;
In view of the opinion of the National Child Benefit Fund of 5 March 2002;
In view of the opinion of the National Fund for Workers' Health Insurance Employees as of March 13, 2002;
The Conseil d' Etat heard;
The Council of Ministers heard,
Orgive:
I. -At 1 ° II of Article 19 of the order of 20 December 1996, after the words: Including " Are inserted the words: " For benefits in kind only ".
II. -After Article 20 of the order of 20 December 1996 referred to above, Articles 20-1 to 20-9 read as
: Article 20-1. -Sickness and maternity insurance also includes:
1 ° The coverage of general and special medical expenses, dental care and prosthetic expenses, pharmaceutical and equipment costs, analytical and laboratory charges, including individual investigations, as well as Drugs, contraceptive products and objects, and laboratory tests and examinations ordered for contraceptive purposes;
" 2 ° The cover of vaccinations for which the list is fixed by inter-ministerial order;
" 3 ° The coverage of costs relating to screening examinations carried out in the framework of public health programmes defined by inter-ministerial decree;
" 4 ° The costs of the examinations prescribed pursuant to Article L. 2121-1 of the Public Health Code;
" 5 ° The coverage of medical, pharmaceutical, laboratory tests, apparatus and hospitalizations relating to pregnancy, childbirth and its aftermath, as well as the examination fees prescribed by Articles L. 2122-1, L. 2122-3, L. 2132-2 and L. 2132-2-1 of the Public Health Code;
" 6 ° The coverage of the costs of care, medication and hospitalization for the voluntary termination of pregnancy under the conditions laid down in the Public Health Code;
" 7 ° The granting of daily allowances to an insured person who is physically incapable of continuing or resuming his work, or during maternity leave;
" 8 ° The coverage of the costs of transport of the insured person or his successors in title who are under the obligation to travel to receive care, undergo appropriate examinations or interventions according to the rules laid down in Article L. 322-5 of the Social security code, under conditions specified by inter-ministerial order;
" 9 ° Where, by decision of a medical commission under conditions laid down by decree, the condition of the patient requires his medical evacuation outside of Mayotte, the coverage of the transport costs provided for at 8 °, as well as the coverage of the costs of Care and hospitalization, including the daily package provided for in Article L. 174-4 of the Social Security Code;
" 10 ° The coverage of the costs of care and hospitalization of the insured and his dependants outside Mayotte on the national territory, under the conditions laid down in Articles L. 174-4, L. 322-2 and L. 322-3 of the Social Security Code;
" 11 ° The coverage of the costs of care and hospitalization of the insured person or his dependants whose health requires immediate care during a stay abroad or when the patient cannot receive the appropriate care in France at his or her Condition, under conditions fixed by decree.
" Art. 20-2. -A participation in the rates used as the basis for the calculation of the benefits provided for in the 1 ° and 8 ° of Article 20-1 shall be payable by the insured person; it may be proportional to those rates or lump sum and may vary according to the categories of benefits. It may be limited or deleted in the cases provided for in Article L. 322-3 of the Social Security
. Art. 20-3. -The relationship between the social security fund of Mayotte and the professions referred to in Articles L. 162-5, L. 162-9, L. 162-12-2, L. 162-12-9, L. 162-14 and L. 322-5-2 of the Social Security Code are governed by the Conventions, their endorsements and annexes or, as the case may be, by the minimum standard regulation referred to in Sections 1, 2, 3 and 3-1 of Chapter II of Title VI of Book I and in Section 2 of Chapter II of Title II of Book III of that Code.
" The rates of fees, remuneration and ancillary costs owed to professionals by insured persons shall be those applicable under Sections 1, 2, 3 and 3-1 of Chapter II of Title VI of Book I and Section 2 of Chapter II of Title II Book III of the same code.
" Contracts, in accordance with a standard contract defined by inter-ministerial decree, concluded by the social security fund and by each of the health professionals or health carriers concerned who have previously acceded to the agreement may, Under the conditions laid down in the standard contract, to supplement the provisions of those conventions or of the minimum standard regulation, to make any adjustments or derogations justified by the conditions of exercise in Mayotte, in accordance with the Provisions of Articles L. 162-1-11, L. 162-5, with the exception of its second paragraph, L. 162-5-9, L. 162-9, L. 162-12-2, L. 162-12-9, L. 162-12-18, L. 162-12-20, L. 162-14 and L. 322-5-2 of the Code of Social Security. Such contracts shall become enforceable only after the expiration of twenty days from their notification to the representative of the State, except as opposed to it within that time limit.
" Fees, remuneration and incidental expenses of professionals who do not adhere to the conventions or who are not governed by a minimum standard regulation shall be reimbursed by the social security fund on the basis of the Rates of authority provided for in Articles L. 162-5-10, L. 162-12 and L. 322-5-4 of the Social Security
. Art. 20-4. -The first paragraph of Article L. 161-33 and Articles L. 162-1-7, L. 162-2, L. 162-2-1, L. 162-4 and L. 162-4-1 of the Social Security Code shall apply to Mayotte, subject to the conditions specified as necessary by decree.
" Article 20-5. -The management of medicinal products by the social security fund shall be governed by the provisions of Articles L. 162-16 and L. 162-17 of the Social Security Code. Increases applicable to the prices of these reimbursable medicines may, as necessary, be fixed by inter-ministerial order to take into account the special costs incurred in Mayotte.
" The care of the goods and services referred to in Article L. 165-1 of the Social Security Code by the social security fund shall be governed in accordance with the provisions of that Article. Increases applicable to the prices of such goods or services may, as necessary, be fixed by inter-ministerial order to take account of the special costs incurred in Mayotte
Art. 20-6. -To be eligible and to be entitled to the daily allowances provided for in Article 20-1 of Article 20-1, the insured person must justify, during a reference period, that he has contributed on the basis of a salary at least equal to an amount Fixed by reference to the guaranteed minimum wage laid down in Article L. 141-2 of the Labour Code of Mayotte, or to have carried out a minimum number of hours worked or assimilated.
" In order to benefit from the daily allowance in the event of maternity, the insured must also justify a minimum period of professional
. Art. 20-7. -The daily allowance referred to in Article 20-6 in the case of medically proven incapacity shall be granted, for a period of up to a maximum period, after the expiry of a period determined from the medical declaration of incapacity Job.
" The daily allowance shall be equal to a portion of the basic daily gain determined by the last payer (s) prior to the date of the labour disruption. It cannot exceed a maximum amount fixed in relation to the monthly gain.
" The maximum duration of payment, the waiting period, the rate and the maximum amount of the daily allowance and the arrangements for determining the basic daily gain shall be fixed by decree.
" Art. 20-8. -The daily allowance referred to in Article 20-6 in the case of maternity shall be allocated during the period of leave defined in Article L. 122-48 of the Labour Code applicable to Mayotte, provided that the insured ceases any paid work during the period of Period of compensation and at least eight weeks. The allowance shall also be paid during the leave set out in Article L. 122-48-1 of the same Code, provided that the insured ceases any paid work during the period of compensation. Where both parents take adoption leave, the total duration of compensation may not exceed the maximum duration provided for in Article L. 122-48-1 of this code
Where the post natal leave defined in Article L. 122-48 of the same code is extended in the case provided for in the fourth paragraph of this Article, this additional period shall be compensated under the conditions of Article 20-7.
" A decree shall fix the rate and amount of the daily allowance, as well as the procedure for determining the basic daily
. Art. 20-9. -Articles L. 323-5 and L. 332-1, with the exception of the second subparagraph, and the first paragraph of Article L. 332-2 of the Code of Social Security shall apply to Mayotte. "
Section 2 of Title II of the Order of 20 December 1996 is supplemented by an article 21-1 worded as follows:
" Art. 21-1. -I.-Funding for the Mayotte health insurance scheme is also provided by:
" 1 ° The proceeds of an assessment by any employer of persons referred to in section 19 sitting on all of the amounts paid in consideration or in respect of the work, such as wages or earnings, salaries, allowances, Premiums of any kind, vacation pay, deductions for contributions and contributions, gratuities and all other cash benefits, benefits in kind, and amounts collected directly or Through actions as a tip;
" 2 ° The product of an assessment owed by any employer and any self-employed person from the agricultural and non-agricultural professions additional to the social contribution provided for in Article 21 (2) of Article 21, issued on their professional income subject to That contribution and above a threshold fixed by decree, on account of one half of that income up to the ceiling provided for in Article 18 of the I of Article 18 of the Ordinance of 7 February 2002, and of all the same income beyond that limit ;
" 3 ° Payment under Article L. 6415-3 of the Public Health Code;
" 4. As required, a contribution from the National Health Insurance Fund for Workers' Compensation.
" II. -The rate of contributions provided for in 1 ° and 2 ° of the I shall be fixed by decree. These contributions are recovered under the conditions set out in III of Article 22. "
After Article 23 of the order of 20 December 1996, an article 23-1 reads as follows:
" Art. 23-1. -Articles L. 315-1 to L. 315-3 and L. 442-5 of the Social Security Code relating to medical supervision shall apply to Mayotte, subject to the conditions laid down by decree, taking into account the necessary adaptations. "
The public health code is thus modified:
I. The second paragraph of article L. 6411-2 reads as follows:
" It participates in public health actions, including all coordinated medico-social actions, and in health education and prevention activities. In addition, it implements some of these actions. "
II. Article L. 6416-1 reads as follows:
" Art. L. 6416-1. -The dispensaries of Mayotte are attached for their management to the public health establishment, under conditions laid down by decree. In this respect, the institution receives a State funding allocation. "
III. -In Title I of Book IV of Part Six, the words: Public territorial health establishment " And " Public health establishment of Mayotte " Are replaced by the words: " Mayotte public health facility ".
IV. -In Article L. 4412-1, the words: L. 4211-3, " Are deleted.
V.-In 2 ° of article L. 5511-1, the words: " L. 5125-4 to L. 5125-10 " Are replaced by the words: " L. 5125-4, L. 5125-5, L. 5125-10 ".
A compulsory basic social security pension scheme is created To residents of Mayotte employed and assimilated by private law or public officials, with the exception of the agents covered by the aforesaid order of 5 September 1996, of civil and military officials of the State and of the judges under the pension code Civil and military pensioners, territorial and hospital officials under the National Pension Fund for Local Government Officers and workers under the Special Fund for Workers' Pensions
This scheme is managed by the social insurance fund of Mayotte referred to in Article 22 of the order of 20 December 1996.
However, the persons mentioned in the first subparagraph shall be governed by the Other compulsory social security code may, for a limited period of time, remain affiliated to it under conditions laid down by decree.
The pension plan guarantees a retirement pension to the insured person who applies for liquidation from the age provided for in the first paragraph of article L. 351-1 of the security code Which provides for a minimum period of insurance.
From the age provided for in Article L. 351-8 of the Social Security Code, if the insured person has completed a period of insurance less than the limit mentioned in the first Paragraph but justifies an insurance period of more than a minimum, the pension is first calculated on the basis of that duration and then reduced given the actual duration of insurance.
Insurance periods can only be deducted for the determination of pension entitlement if they have given rise to a minimum of Contributions.
The following periods completed by the insured are taken into account, with a view to the opening of the right to pension:
1 ° The periods during which the insured has received sickness, maternity, Disability, work injury, or receipt of an accident at work for a permanent disability at least equal to a rate fixed by decree;
2 ° The periods during which the insured benefited from one of the allowances mentioned in the Articles L. 327-1 and L. 327-10 of the Labour Code applicable to Mayotte;
3 ° The periods provided for in the conditions of Article L. 161-19 of the Social Security Code.
Insured women who have raised one (or more) child (s) for a period of time and before an age set by Order in Council are entitled to an increase in their period of insurance by high child, in The limit of three.
An insured person who is unfit for work benefits from a retirement pension from a specified age Regardless of the insurance period.
Can be recognized as unfit for work the insured person who is unable to continue The exercise of his or her employment without serious harm to his or her health and who is permanently disabled by a medically established incapacity for work, having regard to his physical and mental abilities, to the performance of a professional activity of which the Rate is fixed by decree.
The amount of the pension results from the application to the basic annual salary of an increasing rate, Up to a maximum " Full rate ", depending on the period of insurance, within a specified limit or according to the age at which the liquidation of the pension is sought.
The calculation of the basic salary, periods of insurance and corresponding rates The periods of insurance and the age of liquidation shall be defined by decree.
Revaluation coefficients of the Contributions and salaries used as the basis for the calculation of pensions, as well as those for old-age pensions already liquidated, shall be fixed on 1 January of each year by inter-ministerial order taking into account the revaluation rates retained for the The general system of social security in metropolitan France, as well as the differential in the evolution of the minimum wages provided for by the labour codes applicable to Mayotte and metropolitan France respectively.
For insured persons with a minimum insurance period, the old-age pension may not be less than a minimum as a percentage of the minimum wage Under Article L. 141-2 of the Labour Code applicable to Mayotte, multiplied by the legal working time in force in Mayotte corresponding to the periodicity of the pension.
In the event of death of the insured, his surviving spouse is entitled to a survivor's pension if he meets the conditions of personal resources, age and marriage
Reversion pension is equal to a percentage of the principal pension received or for the benefit of the insured.
The surviving spouse may accumulate, within limits fixed by decree, the reversion pension with old-age benefits or
The spouse with whom the marital relationship was broken and not remarried is treated as a surviving spouse.
Reversion pension is increased by a percentage of the main pension for each child of the deceased insured under sixteen years of age without the total amount of the pension from Reversion may exceed the amount of the main pension.
The mark-up may be reduced beyond a specified number of children.
In the event of the death of the surviving spouse, the surviving spouse's rights shall be shared equally with his or her children. Less than sixteen years of age until they reach this age.
The reversion pension to which the insured is entitled to his or her Death under sections 15 and 16 shall, where applicable, be shared between his or her surviving spouse (s) and the previous spouse (s) with whom the marital relationship has been severed and not remarried, on a pro-rata basis. Marriage. This division shall be operated upon the liquidation of the rights of the first of them who so requests.
The pension of Reversion served under this section shall not be less than a minimum as a percentage of the minimum wage provided for in Article L. 141-2 of the Labour Code applicable to Mayotte, multiplied by the legal duration of the work in force at Mayotte corresponding to the frequency of the pension. This minimum shall not exceed that provided for in Article 14.
Articles L. 352-1, L. 355-2 and L. 355-3 of the Social Security Code apply to Mayotte.
I. -Pensions served on the date of entry into force of this order pursuant to Article 98 of the Law of 3 January 1985 referred to above shall be wound up again in accordance with the rules laid down in this Title, in the case where that calculation Is more favourable to the insured. Otherwise, such pensions shall remain in accordance with the rules previously applicable and shall be recovered under the conditions laid down in Article 13.
II. -Article 98 of the above-mentioned Act of 3 January 1985 is repealed. The rights and obligations of the plan provided for in this article shall be transferred to the regime established by this Title.
A Title Period until 31 December 2010, the ages and periods of insurance provided for in Sections 1 to 5 of this Title for the opening and calculation of pension rights shall be reduced under conditions laid down by decree allowing for gradual evolution To the said ages and durations.
An Order shall determine the terms and conditions of this Title.
The rules for coordination of Articles L. 171-1, L. 171-2, L. 173-1, L. 173-2 and L. 173-28-1 of the Social Security Code are Applicable between the social security old-age insurance scheme provided for in Title II of this order and the pension and invalidity scheme for civil servants in public authorities and public institutions in Mayotte. A decree shall specify, as appropriate, the coordination arrangements.
A decree shall lay down the rules for coordination between The various social security schemes in force in metropolitan France and the overseas departments and those in force in Mayotte for all the risks and persons insured under these schemes.
It provides for the guarantee for insured persons to benefit :
-equal treatment in the territory in which they exercise;
-the uniqueness of the legislation;
-in the case of secondment, the maintenance of their system;
-the aggregation of the periods completed on each territory;
-of the Family benefits for family members.
I. -Chapter I of Title III of Book V of the General Code of Territorial Communities is amended as follows:
1 ° A l' article L. 3534-1, the term: L. 3123-19 " Is replaced by the word: " L. 3123-24 ", and the term: L. 3534-7 " With the term: " L. 3534-9 " ;
2 ° Article L. 3534-7 becomes Article L. 3534-9;
3 ° inserted Articles L. 3534-7 and L. 3534-8 thus written:
" Art. L. 3534-7. -For the application of the provisions of Article L. 3123-20, the words'general scheme of social security shall be replaced by the words' to the sickness and maternity insurance scheme of Mayotte, and the words' and invalidity shall be
. Art. L. 3534-8. -For the application of the provisions of Article L. 3123-21, the words'of the general scheme of social security shall be replaced by the words' of the old-age insurance scheme of employees and similar private law of Mayotte. "
II. -Mayors and Assistants benefit from the provisions of Articles L. 3123-20 to L. 3123-24, L. 3534-7 and L. 3534-8 of the General Code for Territorial Communities.
The order of 20 December 1996 is thus amended:
I.-Article 22 is supplemented by an VI so worded:
" VI. -The national bodies referred to in Articles L. 221-1, L. 222-1 and L. 225-1 of the Social Security Code exercise, each within its field of competence, technical control over the social insurance fund of Mayotte, in respect of its powers II and III above.
" The national bodies referred to in the preceding paragraph may prescribe to the social security fund of Mayotte any measures to improve its management. In the event that these requirements are not complied with, the competent national body may, within a specified time limit, place the credit union in a position to take all appropriate corrective measures. In the event of a deficiency, the national body may take the place of the credit union and order the implementation of the measures it considers necessary to restore the situation of the body. "
II. Article 23 is replaced by the following provisions:
" XI. -Articles L. 122-1, L. 217-3 to L. 217-7 of the Code of Social Security are applicable to the social security fund of Mayotte. "
Without prejudice to Article 31, any person residing in Mayotte for a minimum period of time, reaching a minimum age, Receives a special allowance for the elderly if it does not benefit from a pension paid by an old age scheme or if it is less than a revalued ceiling each year. This limit takes into account the fact that the person is alone, married or has one or more dependants.
In the event of incapacity for medical work, the minimum age provided for in the preceding paragraph shall be lowered.
The maximum amount of the special allowance for the elderly and the methods of recovery are fixed by
order to benefit from the maximum amount of the special allowance, the applicant shall not have annual resources, including that amount and, where applicable, those of his spouse, above the ceiling provided for in Article 28. When this total exceeds this limit, a special allowance is reduced accordingly.
When the tenant Is not married under the Civil Code, only his first wife shall be taken into account in the calculation of the resources provided for in Article 29. His other wives may, if necessary, make a personal request; in this case, their husband's resources are taken into account for the law and calculation of the special allowance.
Persons of a foreign nationality must, in order to benefit from the special allowance for the elderly, be holders of the resident card Article 13 of the Ordinance of 26 April 2000 referred to above, namely one of the residence permits provided for in Articles 19, 20 or II of Article 59 of the said Ordinance, subject to having resided in Mayotte on a permanent basis and under conditions Regular residence for a period fixed by decree.
The social welfare fund of Mayotte mentioned in the article 22 of the aforementioned order of 20 December 1996 provides for the management of the special allowance for elderly persons under the same management conditions as old-age pensions.
Article L. 811-16 of the Social Security Code is Applicable.
I. -The financing of the special allowance for the elderly is provided by the fund set up by Article L. 135-1 of the Social Security
. -It is inserted, in Article L. 135-2 of the Social Security Code, a third paragraph worded as follows:
' 9 ° The expenditure attached to the service of the special allowance for the elderly provided for in Article 28 of Ordinance No. 2002-411 of 27 March 2002 on health and social protection in Mayotte. "
The provisions of Article 27 of the Order of 20 December 1996 shall apply to disputes to which May give rise to the application of this Chapter.
The terms and conditions of this Chapter shall be laid down by decree.
Without prejudice to Article 37, any French person or national of a State having concluded a reciprocity agreement on the allocation of allowances to adults with disabilities, residing in Mayotte for a period fixed by Order, having exceeded the age limit for the payment of family benefits referred to in Article 5 of the Ordinance of 7 February 2002, without having reached the age mentioned in Article 10 and whose permanent incapacity is at least equal to one Percentage fixed by decree, receives an allowance for disabled adults where it is not eligible under a social security scheme, a pension plan or special legislation to an old-age benefit or Disability or an accident at work of at least an amount equal to that allowance.
Where this benefit is less than the benefit of the disabled adult allowance, an allowance for disabled adults is reduced to
The maximum amount and the terms and conditions for the adjustment of the disabled adult allowance are fixed by decree.
The disabled adult allowance may be combined with the individual's personal resources and, if applicable, the spouse within the limit of a prescribed ceiling.
Where the tenant is not married under the plan Of the Civil Code, only his first wife shall be taken into account in the calculation of the resources provided for in the preceding paragraph. His other wives may, if necessary, make a personal request; in this case, their husband's resources are taken into account for the right and the calculation of the allowance for disabled adults.
Persons of a foreign nationality must, in order to benefit from the disabled adult allowance, be holders of the resident card provided for in Article 13 of the said order of 26 April 2000, either of one of the residence permits provided for in Articles 19, 20 or II of Article 59 of the said Ordinance, subject to having resided in Mayotte on a permanent basis and under regular conditions of Stay for a period fixed by decree.
The fund manager of the family benefits system of Mayotte Referred to in Article 19 of the abovementioned ordinance of 7 February 2002 ensures the management of the disabled adult allowance under the same conditions of management as family benefits.
The disabled adult allowance is granted by decision of a technical commission enjoying the disability rate of the disabled person. Its decisions are reasoned and may be reviewed periodically. The disabled person is first heard by the committee. It shall be informed of its right to be assisted by a person of its choice.
A decree determines the composition and operation of this commission.
The disabled adult allowance is served as a family benefit. It is unassignable and elusive, except for the payment of maintenance costs for the person with a disability. In the event of non-payment of such fees, the natural person or the body responsible for the payment may obtain from the credit union the allowance paid to it directly.
The tenant's action for the payment of the allowance This
is also applicable to the action brought by the paying agency for the recovery of unduly paid allowances, except in cases of fraud or misrepresentation.
The last paragraph of Article L. 821-5 of the Social Security Code is supplemented by the following words:" As well as for the disabled adult allowance provided for in Article 35 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte ".
The provisions of Article 27 of the Order of 20 December 1996 shall apply to disputes to which the application of this Chapter may give
. Rules for the application of this Chapter are fixed by decree.
The Public Health Code is thus amended:
I.-In Article L. 6414-4, the words: 17 of Order No. 96-1122 of 30 December 1996 on the improvement of public health in Mayotte " Are replaced by the words: " L. 6415-4 of this code ".
II. -Article L. 6414-7 is thus amended:
(a) In the fourth paragraph, the words: 14 of the aforementioned Order No. 96-1122 of 20 December 1996 " Are replaced by the words: " L. 6415-1 of this Code " ;
(b) In the fifth paragraph, the words: " 17 of Order No. 96-1122 of 20 December 1996, cited above. Are replaced by the words: " L. 6415-4 of this Code ".
The eighth paragraph of Article L. 122-48 of the Labour Code applicable to Mayotte is Repealed.
The order of 20 December 1996 is amended as follows:
I.-In Article 20, the words: Article 17 " Are replaced by the words: " L. 6415-4 of the Public Health Code ".
II. -The 2 ° and 9 ° of the II of Article 22 are
. -In article 22, paragraph 4, the words: " By Article 98 of the aforementioned Law of 3 January 1985 " Are replaced by the words: " Articles 5 to 23 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte
. -Article 26 is amended as follows:
1 ° In the first sentence of the I, the words: Within the limit of 10 % of the product of the social contribution established in Article 21 " Deleted;
2 ° In the last sentence of the I, the words: " Mentioned at 1 ° to 5 ° " Are replaced by the words: " Mentioned at 1 ° to 4 ° " ;
3 ° I shall be supplemented by a paragraph so written:
" The revenue from the budgets provided for in this I shall not exceed the percentages of the resources of each plan, fixed by order of the Ministers responsible for social security and overseas." ;
4 ° The IV is supplemented by two sub-paragraphs:
" However, where applicable, the excess result of each exercise of the scheme provided for in Articles 5 to 23 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte shall be paid to the National Insurance Fund Old age of employed workers under conditions laid down by inter-ministerial order;
" The reserves established by the scheme provided for in Article 98 of the Act of 3 January 1985 referred to above with the surpluses of its financial years prior to 1 January 2003 shall be paid to the pension reserve fund established by Article L. 135-6 of the Social security code. "
V. In the terms of the order, the words:" Public territorial health establishment " And " Public health establishment of Mayotte " Are replaced by the words: " Public health establishment of Mayotte ".
At 2 ° of the I of Article 18 of the order of 7 February 2002, after the words: " The proceeds of dues deductions " Are inserted the words: " , within the limit set at 1 ° and for half of their amount, ".
The provisions of this Order, other than Those of section 46, come into force on January 1, 2003.
The Prime Minister, the Minister of Employment and Solidarity, the Minister of the Interior and the Secretary of State for Overseas shall each have responsibility for the execution of this Ordinance, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 27, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
The Minister of the Interior,
Daniel Vaillant
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Secretary of State for Overseas,
Christian Paul
