Decree N ° 2006 - 392 Of 31 March 2006 Made Pursuant To Article 4-1 Of Act No. 93-1419 Of December 31, 1993, As Amended At The Imprimerie Nationale

Original Language Title: Décret n° 2006-392 du 31 mars 2006 pris en application de l'article 4-1 de la loi n° 93-1419 du 31 décembre 1993 modifiée relative à l'Imprimerie nationale

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  • ACT No. 2004-804 of 9 August 2004 on support for consumption and investment (1
  • Summary

    Application of article 4 (1) of the above law introduced by art. 25 of the Act 2004-804.

    Keywords

    ECONOMY, INDUSTRY, PUBLIC SERVICE OF STATE, SERVICE DECONCENTRATE, NATIONAL PRINTING, RECRUITMENT, STAFF, WORKERS, STAFF OWNER, CONTRACT OF EMPLOYMENT, CONTRACT OF PUBLIC LAW, CONTRACT HAS BEEN UNDETERMINED, CDI, WITHDRAWAL OF EMPLOYMENT, COMPENSATION, PENSION, CIVIL PENSION, RETIREMENT, PENSION DEDUCTION , CONTRIBUTION, RATE, PAYMENT, METHOD OF CALCULATION



    JORF n ° 78 of April 1, 2006 page 4893
    text # 16




    Decree n ° 2006-392 of 31 March 2006 taken pursuant to article 4 (1) of Act No. 93-1419 of 31 December 1993 Changed for National Printing

    NOR: ECOP0600140D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/3/31/ECOP0600140D/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/decret/2006/3/31/2006-392/jo/texte


    The Prime Minister,
    On the report of the Minister of Economy, Finance and Industry, Minister of State, Minister of Interior and Spatial Planning, Minister of Health and Solidarity, and Minister of Public Service,
    Given the Social Security Code;
    Due to Act No. 83-634 of 13 July 1983 as amended relating to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984, amending the statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 Amended concerning the statutory provisions relating to the territorial civil service and the amended Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service;
    In view of Law No. 93-1419 of 31 December 1993 relating to the Imprimerie Nationale, as amended by Order No. 2000-912 of 18 September 2000 and by Act No. 2004-804 of 9 August 2004, in particular its article 4-1;
    In light of Decree No. 75-205 of 26 March 1975 as amended for the application of Article 43 of Act No. 71-575 of 16 July 1971 on the organisation of continuing vocational training in the framework of continuing education for non-State-owned civil servants and public institutions of the State not having the Industrial and commercial character;
    In light of Decree No. 85-1076 of 9 October 1985, adopted for the application of Articles 4, 5 and 6 of Act No. 84-594 of 12 July 1984 concerning the exercise of the right to the training of civil servants Territorial, as amended by Decree No. 88-544 of 6 May 1988;
    Having regard to Decree No. 86-83 of 17 January 1986 concerning general provisions applicable to non-state agents of the State taken for the purposes of Article 7 of the Law No. 84-16 of 11 January 1984 as amended laying down statutory provisions relating to the public service of the State;
    Having regard to Decree No. 88-145 of 15 February 1988, as amended for the application of Article 136 of the Act of 26 January 1984, as amended Statutory provisions relating to the territorial civil service and non-holders of the territorial civil service;
    Having regard to Decree No. 90-319 of 5 April 1990 on the continuing vocational training of agents of the Hospital public service, as amended by Decrees No. 94-306 of 14 April 1994, No. 2001-164 of 20 February 2001 and No. 2003-759 of 1 August 2003;
    In light of the amended Decree No. 91-155 of 6 February 1991 on the general provisions applicable to Contract agents of the establishments referred to in Article 2 of Act No. 86-33 of 9 January 1986 amending statutory provisions relating to the hospital public service;
    Having regard to Decree No. 2004-1056 of 5 October 2004 concerning the Pension scheme for workers in industrial establishments of the State, in particular Articles 14, 21 and 42;
    The Council of State (finance section) heard,
    Clipping:

    • TITLE I: PROVISIONS CONCERNING THE RECRUITMENT Item 1


      National Printing Workers and Incumbent Personnel at December 31, 1993 of a contract of law Public on an indeterminate basis are, when they are recruited, pursuant to section 4-1 of the Act of December 31, 1993, as a non-incumbent on an indeterminate basis by a community or institution referred to in the section 2 of the aforementioned Act No. 83-634 of 13 July 1983, subject to the provisions governing non-public servants in the public service of which the community or public institution has recruited them.

      Article 2


      The duration of the services performed at the National Printing Office by the staff mentioned in Article 1, prior to their recruitment by the community Public or public establishment, shall be taken into account for the calculation of the conditions of service required for the opening of leave entitlements, authorisations for absence or obtaining leave to work part-time, leave for Reason for health, leave without pay for family or personal reasons laid down in the decrees of 17 January 1986, 15 February 1988 and 6 February 1991, as well as for obtaining training leave pursuant to the decrees of the 26 March 1975, of 9 October 1985 and of 5 April 1990 referred to above.

      Article 3


      The staff referred to in Article 1 shall be entitled to Written work contract specifying the date of effect, the definition of the occupied functions and the amount of remuneration, which may take into account the experience acquired in the National Printing Office.

      Article 4


      In the event that the National Printing Office pays the personnel referred to in Article 1 the temporary degressive allowance provided for in the employment safeguard plan Of 17 February 2005 applicable to the company, this allowance is cumulative with the remuneration paid to the persons concerned by the community or establishment who recruited them under the same article.

      Article 5


      In accordance with the provisions of the second paragraph of Article 4-1 of the aforementioned Law of 31 December 1993, the Imprimerie nationale pays to the community or to The institution which has carried out the recruitment pursuant to the first paragraph of that article, a financial aid based on the amounts of the gross remuneration of the new employment paid to the agent, plus the compulsory employers' contributions On the salaries so paid. The amount of the assistance and the terms and conditions of its payment shall be determined by a signed agreement between the employer and the National Printing Bureau.

      Article 6


      If, within three years of the signature of a first indefinite contract with the public community or the public institution referred to in Article 1, a worker under a decree is dismissed by reason of Under the conditions laid down in the first paragraph of Article 4 (1) of the Act of 31 December 1993, as amended, it may be further recruited. In such case, the financial or accompanying measures of the National Printing Office referred to in the second paragraph of that Article shall not apply and the option exercised under Article 7 of this Decree shall not be amended.

    • TITLE II: PENSION RIGHTS PROVISIONS Article 7


      For National Printing Workers In accordance with Article 1 of this Decree, which seeks to benefit, on a personal basis, the provisions of the third paragraph of Article 4 (1) of the aforementioned Act of 31 December 1993, the opening of pension and invalidity pension rights, the Constitution, the liquidation and the entry into use of such pensions shall be made in accordance with the rules established in favour of the workers of the industrial establishments of the State by the decree of 5 October
      . Framework for recruitment under the same Article shall be taken into account in the opening of the rights, the constitution and the winding-up of the pension.
      The services counted in the winding-up of that pension shall not intervene in the liquidation of a Other pension that pays for the services performed in the public community or in the public administrative institution since the date of this recruitment.
      The officers concerned must make known, on the date of their recruitment, whether they Wish to benefit personally from this provision. This optional decision is irrevocable, even in the case of a new recruitment by one of the communities or one of the institutions referred to in Article 1.

      Article 8


      The deductions for the pension of the agents referred to in Article 7 shall be calculated, according to the rates laid down in the aforementioned Decree of 5 October 2004, on the basis of reference pay According to the provisions of 2 ° and 3 ° of the I of Article 42 of the aforementioned Decree, corresponding to the average monthly wage of the employment held for at least six months by the person concerned at the time of the cancellation of the National Printing and The average of premiums and allowances received in the last twelve months of his or her activity and subject to pension deductions.
      For officers who were authorized to perform their duties on a part-time basis or who were placed on leave of absence from Sickness, the reference pay shall be determined under the same conditions as in the preceding paragraph on the basis of the remuneration which they would have received if they had worked full-time during that period
      Revalued under the same conditions as the wages of the workers of the industrial establishments of the State in function with the company Imprimerie nationale by an order of the minister responsible for the budget.
      The contributions due by the employer and the employee Shall be paid in accordance with the conditions laid down in Article 42 of the Decree.

      Article 9


      The basic emoluments taken into account for the Determination of the amount of the pension shall be constituted by the reference remuneration referred to in the preceding Article and revalued under the conditions laid down in it.
      The gross-up factor, provided for in Article 14 of the Decree of 5 October 2004 mentioned above, of which the person concerned could have benefited as a worker of the company Imprimerie nationale on the date of his departure from that company, is guaranteed for the determination of his pension.
      The agents recruited under the article 4-1 of the aforementioned Act of 31 December 1993 which satisfy the conditions laid down in Article 21 of the aforementioned decree of 5 October 2004 may, subject to termination of any activity in one of the communities or establishments mentioned in the article 2 of the aforementioned Act of 13 July 1983, apply for admission to retirement.

      Article 10


      The Minister of State, Minister of The interior and development of the territory, the Minister of Economy, Finance and Industry, the Minister of Health and Solidarity, the Minister of the Public Service, the Minister responsible for the budget and the reform of the State, Government spokesman, and the minister delegated to the local authorities, each as far as it is concerned, are responsible for the implementation of this Decree, which will be published in the Official Gazette of the French Republic


    Done at Paris, March 31, 2006.


    Dominique de Villepin


    By the Prime Minister:


    The Minister of Economics,

    Finance and Industry,

    Thierry Breton

    Minister of State,

    Minister of the Interior

    and Spatial Planning,

    Nicolas Sarkozy

    The Minister of Health and Solidarity,

    Xavier Bertrand

    The Minister of the Public Service,

    Christian Jacob

    The Minister for the

    Budget and the State Reform,

    Government Spokesperson,

    Jean-François Copé

    Le

    Delegate to Territorial Communities,

    Brice Hortefeux


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