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Decree No. 2005-373 Of 20 April 2005 On The Composition And The Functioning Of The Governing Bodies And The Scientific Council Of The National Fund Of Solidarity For Autonomy

Original Language Title: Décret n° 2005-373 du 20 avril 2005 relatif à la composition et au fonctionnement des instances dirigeantes et du conseil scientifique de la Caisse nationale de solidarité pour l'autonomie

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SOLIDARITES, HEALTH, AUTONOMY, PERSON AGEE, FAMILY, GOVERNING BODY , NATIONAL SOLIDARITY FUND FOR AUTONOMY, CNSA, SCIENTIFIC COUNCIL, ORGANISATION, MISSION , OPERATING, COMPOSITION, COMPETENCE


JORF No. 95 of April 23, 2005 page 7097
text No. 10




Decree No. 2005-373 of 20 April 2005 on the composition and functioning of the governing bodies and the scientific council of the National Fund for Solidarity for autonomy

NOR: SANA0521530D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/4/20/SANA0521530D/jo/texte
Alias: Https://www.legifrance.gouv.fr/eli/decret/2005/4/20/2005-373/jo/texte


The Prime Minister,
On the report of the Minister of Solidarity, Health and The Social Security Code, in
Article L. 135-1;
In view of the Code of Social Action and Families, in particular Articles L. 14-10-1 to L. 14-10-3;
In view of Act No. 2005-102 of 11 February 2005, in particular its Article 101;
In light of the amended Decree No. 53-1227 of 10 December 1953 on the regulation applicable to national public institutions of an administrative nature;
In view of Decree No. 62-1587 of 29 December 1962 amending Regulation General on public accounting;
In view of the opinions of the National Advisory Council for Persons with Disabilities on 5 and 18 April 2005;
The Conseil d' Etat (social section) heard,
Describes:

Item 1
After Chapter IX of Title IV of the book Ier of the Code of Social Action and Families (regulatory part), is inserted a Chapter X thus written:


" Chapter X



"National Solidarity Fund for Autonomy



" Section 1



" Council



"Subsection 1



" Competence


" Art. R. 14-10-1. -The Board of the National Solidarity Fund for Autonomy shall exercise the powers referred to in Article L. 14-10-3
Stops the financial account after hearing the accounting officer.
" It establishes its rules of procedure.


"Subsection 2



" Composition


" Art. R. 14-10-2. -The board of the National Solidarity Fund for Autonomy is composed of forty-eight members comprising:
" 1 ° Six representatives of associations working at national level for designated persons with disabilities and their six alternates, under the conditions laid down in Article R. 14-10-4;
" 2 ° Six representatives of associations working at national level for the elderly and their six alternates, under the conditions laid down in Article R. 14-10-5;
" 3 ° Six representatives of the General Councils appointed, together with their six alternates, by the Assembly of departments of France;
" 4 ° Five representatives of trade unions of representative interprofessional employees at the national level and their five alternates, respectively designated by:
-General Confederation of Labour;
" -the French Democratic Confederation of Labour;
-General Confederation of Labour-Labour Force;
" -the French Confederation of Christian Workers;
-the French Confederation of the General Confederation of Executives;
5 ° Three representatives nominated by national professional organisations of representative employers and their three alternates, respectively designated by:
-the Mouvement des entreprises de France;
" -the General Confederation of Small and Medium Enterprises;
-the craft professional union;
" 6 ° Ten state representatives:
" -the Director General of Social Action, or his representative;
" -the Director of Social Security, or his representative;
" -the budget director, or his representative;
" -the school teacher, or his or her representative;
" -the general delegate for employment and vocational training, or his representative;
" -the director of the hospital and the organisation of care, or his representative;
-the Director General of Health, or his representative;
" -the Secretary-General of the ministries responsible for social affairs, or his representative;
" -the Director General of the local authorities, or his representative;
" -the interdepartmental delegate for persons with disabilities, or his or her representative;
" 7 ° A Member;
" 8 ° A Senator;
" 9 ° Seven representatives of institutions involved in the fields of competence of the body and their seven alternates respectively designated by:
-the Fédération nationale de la mutualité française;
" -the National Interfederal Union of Health and Social Private Works and Agencies (UNIOPSS);
" -Hospital Federation of France;
" -the Federation of Hospital and Private Non-profit Institutions (FEHAP);
" -Agricultural Social Mutuality;
" -National Union of Institutions and Private Residences for the Elderly;
" -the Union nationale des centres communaux d' action sociale;
10 ° Three qualified persons, jointly designated, for a term of four years, by the Minister responsible for the elderly and the minister responsible for persons with
. Art. R. 14-10-3. -The designations provided for in 3 °, 7 ° and 8 ° of Article R. 14-10-2 shall be renewed after each general election in respect of Members, and after each three-year renewal of the Senate or of the General Councils as regards, Senators and General Counsel Representatives, respectively.
" Any member who has resigned or has lost the quality as a result of which he has been appointed shall be replaced under the same conditions of appointment. For those members whose term of office is fixed, the appointment of the replacement shall cover the remaining term.
" Art. R. 14-10-4. -The six representatives of the associations referred to in Article R. 14-10-2, as well as their six alternates, shall be appointed for a period of four years by the Minister responsible for persons with disabilities, on the proposal of a college of bodies Working at the national level for people with disabilities.
" The bodies of this College shall be appointed by order of the Minister responsible for persons with disabilities, who shall also determine the terms and conditions under which the College shall adopt and forward its proposals to the Minister
In the absence of a proposal, representatives and their alternates shall be appointed by order of the Minister responsible for persons with
. Art. R. 14-10-5. -The six representatives of the associations referred to in Article R. 14-10-2, as well as their six alternates, shall be appointed for a period of four years by the Minister responsible for elderly persons on the proposal of a college of bodies working in the National level for the elderly.
" The bodies of this College shall be appointed by order of the Minister responsible for the elderly, who shall also determine the terms and conditions under which the College shall adopt and forward its proposals to the Minister
In the absence of a proposal, representatives and their alternates shall be appointed by order of the Minister responsible for the elderly.


"Subsection 3



" Operation


" Art. R. 14-10-6. -For the expression of its vote, each member of the council shall have one vote, except for the following members:
" -the representative of the General Confederation of Labour: two votes;
-the representative of the French Democratic Confederation of Labour: two votes;
-the representative of the General Confederation of Labour-Workers' Force: two votes;
-the representative of the Mouvement des entreprises de France: four votes;
" -the representative of the General Confederation of Small and Medium Enterprises: two votes;
-the representative of the craft professional union: two votes;
-each representative of the State: four votes, with the exception of the inter-ministerial delegate for persons with disabilities who has one
. Art. R. 14-10-7. -The President of the Council shall be elected by the Council, among the persons mentioned in Article R. 14-10-2. In the first round of voting, the election is held by an absolute majority of the votes cast and, in the second round, by their relative majority. In case of division of votes in the second round, the President shall be designated for the benefit of age
The term of office of the President expires at the end of his term as a member of the
. The Board shall also elect, in accordance with the same terms and conditions, two Vice-Chairs selected from among the representatives referred to in paragraphs 1 and 2 of R. 14-10-2. The terms of office of the Vice-Presidents shall be four years. They shall supplement the President under the conditions laid down in the rules of procedure of the
. Art. R. 14-10-8. -The deliberations of the Council shall be adopted by a simple majority of the votes cast. In case of sharing, the voice of the president is paramount.
" The Board may not validly deliberate unless the members present gather at least half of the total of the votes of the Board. If this quorum is not reached, the Council shall be reconvened with the same order of business within a maximum of twenty days. It then validates regardless of the number of members present.
" Art. R. 14-10-9. -In the event of the incapacity of a titular member and his alternate, the holder may give delegation to another member for the number of votes available to him. No member can receive more than one delegation.
" Art. R. 14-10-10. -The Council shall meet at least three times a year upon convocation by the President, who shall fix the
. Matters for which registration is requested by the Minister responsible for Social Welfare, the Minister responsible for Social Security, the Minister responsible for the budget or by members of the Council with at least half of the votes shall be filled in Right to the agenda.
" The convocation is a right when it is requested by one of the same ministers, or by members of the council bringing together at least half of the votes. The board meeting must be held within one month of the request.
" Art. R. 14-10-11. -The Council may constitute committees to which it may delegate part of its
. It may hear any person or organization whose hearing it considers relevant to its information.
" Art. R. 14-10-12. -The substitutes mentioned in the 1 ° to 5 ° and 9 ° of Article R. 14-10-2 shall sit only in the event of absence or incapacity of the
of the holders. They shall participate, under the same conditions, in the committees to which the representative is responsible.
" Art. R. 14-10-13. -The Director, the Accounting Officer and the State Controller shall assist the Council and the committees with a consultative vote. The director can be accompanied by people of his choice.
" The Board may not substitute or injuncate the Director in the exercise of the Director's own powers, or rescind or reform the decisions taken in that capacity.
" Art. R. 14-10-14. -The duties of a member of the Board shall be exercised free of charge. Travel and subsistence expenses shall be reimbursed under the conditions laid down by an order of the ministers responsible for social action, social security and budget.


" Section 2



"Director


" Art. R. 14-10-15. -The Director of the National Solidarity Fund for Independence is appointed by decree for a term of three years
It prepares the deliberations of the Board and implements the directions and decisions resulting from it. It can receive delegation from the board.
" Art. R. 14-10-16. -For the application of Article L. 14-10-1, the Director shall prepare the deliberations of the Council and shall implement the guidelines and the decisions resulting from it, as well as the achievement of the objectives set out in the Agreement on Objectives and Management under the II of the same item.
" The Director is responsible for the proper operation of the credit union. It has sole authority over staff, establishes the organisation of work in services and provides general discipline. Subject to legislative or regulatory provisions giving jurisdiction to another authority, it shall take all individual measures relating to the management of
. The Director shall manage the management and intervention budgets and shall, in particular, adopt the estimates. It shall be the authorising officer for revenue and expenditure. He represents the caisse in court and in all acts of civil life. It concludes all contracts, contracts and contracts on behalf of the credit union. It takes the acquisition and disposal of movable and immovable property and accepts donations and bequests. It can sign transactions on litigation.
" The Director may delegate his or her signature to those of his or her collaborators who perform a managerial function within the institution to carry out, on his or her behalf, certain acts, or all acts relating to certain of his duties. In the event of a vacancy, temporary absence or incapacity of the Director, his or her duties shall be performed by a management officer of the credit union designated beforehand by
. Art. R. 14-10-17. -The Director shall report periodically to the Board on the implementation of its guidelines, as well as the management of the institution. It shall inform the Council of developments liable to result in non-compliance with the objectives determined by it.
" Art. R. 14-10-18. -A joint decree of the ministers responsible for social action, social security and the budget sets out a list of the acts of the director and the council which are communicated to them within ten days
Within 30 days of receipt of one of these acts, the Ministers may, by reasoned joint decision, make known their opposition to its implementation, in particular if the act contains provisions which do not comply with the laws and Regulations in force, or if they disregard the convention of objectives and management referred to in Article L. 14-10-1
In the event of an emergency, the Director may, by reasoned request, seek express approval within eight days
Art. R. 14-10-19. -Under the conditions laid down in the Agreement on Objectives and Management referred to in Article L. 14-10-1 referred to in Article L. 14-10-1, the Director shall communicate any information and carry out any study requested by the Ministers responsible for social action, security Social or budget.
" Art. R. 14-10-20. -If it appears, following an adversarial procedure initiated on the basis of Article L. 14-10-3, that the accounting elements transmitted by a department do not guarantee the sincerity of the calculation of the competitions mentioned in II and III Article L. 14-10-5, the Director may, after formal notice, transmit the items of the file to the Regional Chamber of the competent
. The Director shall inform the community of this transmission. It also informs the representative of the state in the department and the body's counsel.


"Section 3



" Accounting Agent


" Art. R. 14-10-21. -The accounting officer of the National Solidarity Solidarity Fund shall be appointed by joint order of the Ministers responsible for the budget, social action and social security. It is placed under the administrative authority of the Director.
" It establishes the financial account and submits it to the board.
" Art. R. 14-10-22. -The financial operations of the establishment shall be carried out in accordance with the provisions of the amended Decree n ° 53-1227 of 10 December 1953 on the regulation applicable to national public institutions of an administrative nature and of the Decree No. 62-1587 of 29 December 1962 amending General Regulation on Public Accounts. They shall be subject to the financial control of the State in accordance with the rules applicable to public institutions of the administrative state.


" Section 4



"Scientific Advice



" Subsection 1



"Composition


" Art. R. 14-10-23. -The Scientific Council referred to in Article L. 14-10-3 includes:
" 1 ° Experts in the field of competence of the National Solidarity Fund for self-government appointed, within the limit of six, by the minister responsible for persons with disabilities, after consultation with the director of the credit union;
" 2 ° Experts in the field of competence of the National Solidarity Fund for self-government appointed, within the limit of six, by the Minister responsible for the elderly, after consultation with the director of the fund;
" 3 ° A representative of the National Council of Social and Medical Assessment referred to in Article L. 312-8, chosen by this Council from among the qualified persons mentioned in Article R. 312-172 8 °;
" 4 ° The Director of Research, Studies, Evaluation and Statistics of the Ministry responsible for Health or its representative;
" 5 ° The Director of Animation, Research, Studies and Statistics of the Ministry responsible for Labour or its representative;
" 6 ° The Director of Research Branch of the department responsible for research or its representative;
" 7 ° The director of the National Institute of Statistics and Economic Studies of the Ministry responsible for the economy or its representative;
" 8 ° The director of the evaluation and forecasting directorate of the Ministry responsible for national education or its representative;
" 9 ° A member of each of the following organizations designated by its Director:
" National Institute for Population Studies (INED);
" National Institute of Health and Medical Research (INSERM);
" National Centre for Scientific Research (CNRS);
" Société française de geriatrie et Gerontologie (SFGG);
" Société française de médecine physique et de rehabilitation (SOFMER).


"Subsection 2



" Role and operating procedures


" Art. R. 14-10-24. -Members of the Scientific Council shall be appointed for a term of four years
Art. R. 14-10-25. -The Chairman and the Vice-Chair shall be appointed from among the members of the Scientific Council by the Ministers responsible for persons with disabilities and the
. Art. R. 14-10-26. -The functions of a member of the scientific council are incompatible with the quality of the board member of the National Solidarity Fund for
. Art. R. 14-10-27. -The Scientific Council shall adopt by a majority of its members its rules of procedure. The latter may provide for the establishment of specialised committees responsible for preparing the work of the Scientific
. The secretariat of the scientific council is provided by the services of the National Solidarity Fund for
. Art. R. 14-10-28. -The Scientific Council shall be seized for the opinion, each year, by the director of the credit union, of all scientific and technical questions relating to the implementation of the convention of objectives and management referred to in II of Article L-14-10-1. His opinion shall be forwarded to the board of the credit union, and debated by the body at the first meeting following this transmission
In addition, the scientific council may be seized for an opinion by the board of the credit union or by its director, in accordance with the conditions laid down in Article L. 14-10-3. In the event of an emergency, the author of the referral may ask him to deliver his opinion within a fixed period of
. Meetings of the Scientific Council shall be convened by its President. Its opinions are made public.
" The Chairman of the Board of the National Solidarity Fund for Autonomy and the Director may be present or represented at meetings of the Scientific
. Art. R. 14-10-29. -The Scientific Council may hear any person whose hearing he considers relevant to his or her information
Art. R. 14-10-30. -Any member of the Scientific Council who has a direct or indirect interest in a matter before the Board shall inform the
. Art. R. 14-10-31. -The duties of a member of the Scientific Council shall be exercised free of charge. The costs of travel of members of the Scientific Council shall be borne in accordance with Article R. 14-10-14.
" The operating costs of the Scientific Council are borne by the National Solidarity Fund for Autonomy. "

Item 2 Read more about this Article ...


Minister of Employment, Labour and Social Cohesion, Minister of Solidarity, Health and Family, Minister of Economy, Finance and Industry, Secretary of State for People And the Secretary of State for the Elderly shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Paris, April 20, 2005.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Solidarity,

of Health and Family,

Philippe Douste-Blazy

Minister of Employment,

and Social Cohesion,

Jean-Louis Borloo

Finance and Industry Minister,

Finance and Industry,

Thierry Breton

Secretary of State for Persons with Disabilities,

Marie-Anne Montchamp

The Secretary of State for Seniors,

Catherine Vautrin


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