Decree No. 2007-640 Of 30 April 2007 Laying Down The Conditions And The Method Of Payment Of The Costs Of Changes In Residence Of The Military On The Metropolitan Territory Of The France

Original Language Title: Décret n° 2007-640 du 30 avril 2007 fixant les conditions et les modalités de règlement des frais occasionnés par les changements de résidence des militaires sur le territoire métropolitain de la France

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Keywords

DEFENCE , ARMEE, MILITARY, LAND ARMEE, NAVY, AIR ARMEE, MILITARY PERSONNEL, SALARY, REMUNERATION, CHANGE OF RESIDENCE, INVESTMENT EXPENSES, TEMPORARY PLACEMENT, COMPENSATION, ALLOCATION, AMOUNT, PAYMENT, BENEFICIARY

Observations

Change of title, which has become: setting the terms and conditions for the settlement of expenses resulting from changes in military residence




JORF No. 102, May 2, 2007 page 0
text n ° 15



Decree n ° 2007-640 of 30 April 2007 laying down terms and conditions Payment of expenses occasin by changes in the residence of military personnel on the metropolitan territory of France

NOR: DEFH0750393D ELI: Https://www.legifrance.gouv.fr/eli/decret/2007/4/30/DEFH0750393D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/4/30/2007-640/jo/texte


The Prime Minister,
On the report of the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of the Public Service and the Minister responsible for the budget and the reform of the State, Government spokesman,
In view of Act No. 2005-270 of 24 March 2005 on the General Status of the Military, as amended by Laws No. 2006-449 of 18 April 2006 and No. 2007-148 of 2 February 2007, in particular Articles 7 and 10;
In view of Decree No. 92-159 of 21 February 1992 amending the terms and conditions for the settlement of the costs of the movement of military personnel on the metropolitan territory of France,
Décrète:

Item 1
This Order sets out the terms and conditions for the settlement of the costs of changes in the residence of members of the military in the metropolitan territory of France
Residence, within the meaning of this Order, the relocation that the member is required to perform when he or she receives an assignment in a garrison different from that in which he was previously posted. The move is deemed to be the change of residence, on the order of the command, either to occupy or to release a unit granted by absolute necessity or
. The application of the provisions of this Decree to the territory of the location (s) of establishment of the unit or detachment where the member normally carries out his or her service. The city of Paris and the suburban communes that are adjacent to it constitute a single garrison.
For military personnel who are not granted accommodation by absolute necessity or by utility, the residence means As that which allows the member to be able to join his assignment in two hours when he is posted in the Ile-de-France region and within an hour and thirty minutes outside of that perimeter, by means of road transport, The
of costs entailed by changes of residence, carried out in a perimeter greater than that defined in the preceding paragraph, may be made within the limit of the distance between the former and the New garrison, on the approval of the military authority.

Article 2 Read more about this Article ...


For the purposes of the provisions of this Order, military personnel are classified in the following two groups as follows:
-Group I: members with a minimum of 15 years of service;
- Group II: members with less than 15 years of service.

Item 3 Learn more about this Article ...


The member is entitled to take charge of his expenses for change of residence on the metropolitan territory of France when the latter is consecutive:
1 ° A a transfer for service reason;
2 ° A change of residence effected on the order of the command, either to occupy or to release a dwelling occupied by absolute necessity of service or by utility;
3 ° A the cessation of the military state, or ex officio by the attainment of The age limit or the length of service limit, either by resignation or termination of the pensionable service contract;
4 ° Return to civilian life upon expiry of a commitment contract;
5 ° Upon admission to the Gendarmerie officers and gendarmerie officers;
6 ° A the admission of general officers in the second section or the placement of the general officers of the first section in a special availability situation of office; The replacement of the general officers of the second section in the first section on the Minister's individual decision;
7 ° A la réforme pour infirmités ou maladies;
8 ° A la mise en discharge de longue durée pour Illness ou de longue maladie Where the termination of service requires the member to evacuate an accommodation granted by absolute necessity of service;
9 ° A transfer after long-term sick or long-term sick leave of more than six months;
10 ° A secondment of law, ex officio or on request approved and reintegration into the original body at the end of the secondment, when the cost of change of residence is not covered by the administration or the host organisation ;
11 ° A first posting entailing change of residence for members who have completed their initial training;
12 ° To benefit either from retraining leave followed or not from additional retraining. Cabin crew leave. In such situations, the member who claims his or her rights to pay for the cost of change of residence in advance will no longer be entitled to benefit at the time of the termination of the military.
Other situations, including The assignment for administration, the assignment for personal suitability, the resignation without the right to a retirement pension, the termination of the contract of employment without the right to a military pension, the termination of the military state As a result of disciplinary action, the withdrawal of employment and the situation outside the framework shall not be allowed to cover the cost of change of residence.
The member posted on a building having to change port-base may benefit from the taking In charge of the change of residence fee to the port-base in which he or she must complete a service time of at least six months.

Item 4 Learn more about this Article ...


Change of residence must be made in one time and within three years from the date of commencement of the right as set out in section 3.
If, within that time, the member has not Not used his rights to reimbursement of the cost of change of residence and, in the meantime, receives a new assignment within the meaning of Article 1, he may benefit from the assumption of the cost of change of residence to join this New assignment, within the open permission limit for any of the affected paths.

The furniture can be transported by rail, road, or marine.

Article 5
A member who changes residence under the conditions laid down in Article 3 of this Decree may claim the cost of Change of residence that includes:
-the transportation of furniture necessarily performed by a relocation professional or the transportation of baggage by any suitable means;
-hotel and restaurant expenses;
-the Transportation of persons.
The cost of change of residence shall be borne within the ceiling of the costs actually incurred, provided that they are not covered by the employer of the spouse or partner of a civil pact of A
Order of Ministers responsible for Defence, Finance and the Public Service sets out the terms and limitations for the management of military change of residence costs.

Article 6 Learn more about this Article ...


For the purposes of this Decree shall be regarded as members of the family, provided that they usually live under the roof of the member, the spouse, the co-contractor of a civil pact of solidarity For three years, children when they are in charge of the tax law, the military's ascendants, their spouse or partner of a civil pact of solidarity for three years who, in accordance with the law Tax, are not subject to income tax.

Article 7 Read more about this Article ...


For the assessment of the rights to change the residence of two spouses or co-contractors of a civil pact of solidarity for three years, assigned simultaneously in the same garrison, one Joint statement by the two members of the military will determine who is eligible for the family-wide change of residence.

Article 8 Learn more about This article ...


In the case of assignments in two different garrisons of two spouses or co-contractors of a civil pact of solidarity for three years, the change of residence rights that are retained for each Members will be those granted to a single, augmented, if applicable, and, respectively, the rights to change of residence corresponding to the accompanying children.

Article 9 Read more about this article ...


The person entitled to a deceased member is entitled to the charge defined in item 5.

Article 10 Read more about this article ...


The member whose family status has changed since his last deployment may, at the decision of the Minister of Defence, benefit from the rights to transport Furniture allocated for the previous assignment.

Item 11
On the occasion of the execution of the movement resulting from the transport of furniture or luggage, the member shall be reimbursed at a flat rate the hotel and restaurant expenses incurred for him and his family members Within the meaning of Article 6 under the terms of the decree of 21 February 1992 as amended and in accordance with the conditions laid down in the order laid down in Article 5.
The member who carries out a transport of furniture or baggage may also benefit from the allowances Kilometre defined by the decree of 21 February 1992 mentioned above for him and his family members.

Article 12
The member who leaves accommodation furnished by the administration and benefits again in his new assignment of accommodation of the same type is not entitled to transport of furniture but is reimbursed for The cost of carrying luggage in accordance with the conditions laid down in the order laid down in Article 5.

Article 13 Read more about this Article ...


An advance on the reimbursement of expenses incurred by change of residence operations may be granted, upon request, within the limit of 90 % of the amount assumed by the State and on the basis of the estimate Detailed by the undertaking retained by the Authority under the conditions laid down in Article 4.
Payment of the advance may be made at the earliest three months before the date of commencement of the right as set out in Article 3. The member shall forward to his/her administration the credentials for the liquidation of the change of residence fee within nine months of the advance payment.
Members are paid or paid Their advances in accordance with the terms and conditions laid down in the decree laying down the conditions and rules for the settlement of the costs of the movement of military personnel on the metropolitan territory of France.

Article 14
The provisions of this Decree shall also apply to the change of residence of military personnel to, from or within the zone of presence of the French forces and the civilian element Stationed in Germany.

Article 15 Learn more about this Article ...


Decree No. 54-213 of the March 1, 1954, amended Interim Regulation of the Displacement Expenses to the Troops of the Land, Sea and Air Armies and Decree No. 68-298 of March 21, 1968 Amended laying down the conditions and rules for the settlement of the costs of military travel on French metropolitan territory are repealed.

Article 16 Read more about this article ...


The Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of the Public Service and the Minister Delegate to the Budget and the Reform of The State, a spokesman for the Government, shall each have responsibility for the implementation of this Decree, which shall take effect from 1 October 2007 and shall be published in the Official Journal of the French Republic.


Done at Paris, 30 April 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Defence,

Michèle Alliot-Marie

The Minister of the Economy,

Finance and Industry,

Thierry Breton

The Minister of the Public Service,

Christian Jacob

The minister delegated to the

budget and state reform,

Government Spokesperson,

Jean-François Copé


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