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Act No. 2004-626 Of 30 June 2004 On Solidarity For The Autonomy Of The Elderly And People With Disabilities

Original Language Title: LOI n° 2004-626 du 30 juin 2004 relative à la solidarité pour l'autonomie des personnes âgées et des personnes handicapées

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Summary

Code of Social Action and Families: 116-3, L. 121-6-1.Amendment of Articles L. 134-2, L. 134-6, L. 542-4.Repeal of Article L. 232-21 as of 01-07-2004.Labour Code :Addition to Chapter II of Title I of Book II of Section 6 " Day of Solidarity " L. 212-16 and L. 212-17; Amendment of Articles L. 212-4-2, L. 212-8, L. 212-9, L. 212-15-3.Rural Code: Amendment of Articles L. 713-19, L. 713-14, L. 713-15.Code de la sécurité sociale: Amendment of Articles L. 135-1, L. 136-8.General Code of Local and Regional Authorities: Amendment of Article L. 3332-2.Title I: Setting up of a monitoring and alerting device Title II: Provisions relating to day of solidarity Title III: Creation of the National Solidarity Fund for the AutonomieModification of Article 5 of Act No. 2003-289 of 31 March 2003 amending Act No. 2001-647 of 20 July 2001 on the assumption of the loss of autonomy of the Creation of an article 19-2 after article 19 (1) of Act No. 2001-647 of 20 July 2001 on the management of the loss of independence of the elderly and the personalised allowance Of autonomy.

Keywords

SOLIDARITY, AUTONOMY, PERSON AGEE, PERSON HANDICAPEE , DEPARTEMENT, CREATION, ALERT AND EMERGENCY PLAN, IMPLEMENTATION, MONITORING , ALERT, EXCEPTIONAL RISK, DAY OF SOLIDARITY, FINANCING, NATIONAL SOLIDARITY FUND FOR AUTONOMY , CNSA, EPA, BOARD OF DIRECTORS, SUPERVISORY BOARD, SCIENTIFIC COUNCIL , CENTRAL COMMITTEE, MEMBER, METHOD OF APPOINTMENT, MANDATE, CODE OF SOCIAL ACTION AND FAMILIES , CASF, JOB CODE, RURAL CODE, CSS, LOAD, FUNDS , BILL

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JORF n ° 151 of July 1, 2004 page 11944
text #1




ACT No. 2004-626 of 30 June 2004 on Solidarity for the Independence of the Elderly and Disabled Persons (1)

NOR: SOCX0300201L ELI: http://www.legifrance.gouv.fr/eli/loi/2004/6/30/SOCX0300201L/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/loi/2004/6/30/2004-626/jo/texte


The National Assembly and the Senate have adopted,
The President of the Republic promulgates the following law:

  • TITLE I: DEVICE AND ALERT DEVICE Item 1


    I. -Article L. 116-3 is inserted in the Social Action and Family Code: '
    ' Art. L. 116-3. -There shall be established in each département an alert and emergency plan for the benefit of the elderly and persons with disabilities in the event of exceptional
    . The plan is jointly adopted by the State representative in the department and, in Paris, the prefect of police, and by the President of the General Council. It is implemented under the authority of the State representative in the department and, in Paris, the prefect of police.
    " It takes into account, where appropriate, the situation of the most vulnerable persons as a result of their isolation. "
    II. -Section 2 of Chapter I of Title II of the book Ier of the same code is supplemented by an article L. 121-6-1 so worded:
    ' Art. L. 121-6-1. -In order to promote the intervention of social and health services, the mayors collect the elements relating to the identity, age and home of the elderly and disabled persons who have applied for them. Such data shall, in particular, be used by the abovementioned services to organise periodic contact with the persons listed when the alert and emergency plan provided for in Article L. 116-3 is implemented. Mayors may also make such a collection at the request of a third party, provided that the person concerned, or his or her legal representative, did not oppose it.
    " The nominal registers created by the collection of information referred to in the preceding paragraph shall be kept in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms. The right of access and correction of personal data shall be provided in accordance with the provisions of the aforementioned Law. Such nominative data may be consulted only by the officers responsible for the implementation of this compendium and of the alert and emergency plan referred to in Article L. 116-3. The dissemination of such data to persons who are not authorised to access or misuse them shall be liable to the penalties provided for in Articles 226-16 to 226-24 of the Criminal
    . This information is collected, transmitted and used in conditions guaranteeing their confidentiality and in accordance with the procedures laid down by decree in the Council of State taken after the opinion of the National Commission on Informatics and Freedoms.

  • TITLE II: ARRANGEMENTS FOR SOLIDARITY DAY Article 2


    The Labour Code is thus Modified:
    1 ° Chapter II of Title I of Book II is completed by a section 6 read:


    "Section 6



    " Solidarity Day


    " Art. L. 212-16. -A day of solidarity is established with a view to ensuring the financing of actions in favour of the autonomy of the elderly or the disabled. It takes the form of an extra day of unpaid work for employees and the contribution provided for in Article 11 of Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and the elderly. People with disabilities for employers.
    " A convention, a branch agreement or an agreement or an enterprise agreement determines the date of the day of solidarity. This agreement may provide for either the work of a previously non-working holiday other than 1 May, or the work of one day of reduction of working time as provided for in Article L. 212-9, or any other modality for the work of one day Previously unworked in accordance with conventional provisions or organizational arrangements.
    " Where the undertaking works continuously or is open every day of the year, the collective agreement or, failing that, the employer may fix, where appropriate, a different day of solidarity for each employee
    By way of derogation from the second subparagraph, in the absence of an agreement or agreement, the day of solidarity shall be the Monday of Pentecost
    In the absence of a branch or company agreement provided for in the second paragraph and when the Monday of Pentecost was previously worked on the entry into force of Law No. 2004-626 of 30 June 2004, the procedure for fixing the Days of solidarity are defined by the employer, after consulting the works council or, failing that, representatives of the staff if they exist. The same applies to employees who do not normally work according to the division of their weekly hours of work on the different days of the week on the day of the week chosen, on the basis of the second, third or third week of work. Fourth paragraph, for the day of solidarity.
    " The work done, within the seven-hour limit, during the day of solidarity does not give rise to remuneration when the employee is paid in accordance with Law n ° 78-49 of 19 January 1978 on the monthly payment and the procedure And, within the limit of the value of a working day, for employees whose remuneration is calculated by reference to an annual number of working days in accordance with Article L. 212-15 -3
    For part-time employees, the seven-hour limit laid down in the sixth subparagraph shall be reduced in proportion to the contractual
    . The hours corresponding to the day of solidarity, within the limit of seven hours or of the duration proportional to the contractual duration for part-time employees, shall not be attributed to the annual overtime quota provided for Article L. 212-6 or the number of overtime hours provided for in Articles L. 212-4-3 and L. 212-4-4. They do not give rise to compensatory rest.
    " The work of the day of solidarity under the conditions provided for in this Article shall not constitute an amendment of the contract of
    . The provisions of this Article shall apply to the departments of the Bas-Rhin, the Haut-Rhin and the Moselle, by way of derogation from Articles 105 a and 105 b of the local professional
    . Art. L. 212-17. -Where an employee has already completed, for the current year, a day of solidarity within the meaning of Article L. 212-6, if he has to pay a new day of solidarity due to a change of employer, the hours worked on that day Give rise to additional remuneration and shall pay the annual quota of overtime laid down in Article L. 212-6 or on the number of additional hours provided for in Articles L. 212-4-3 and L. 212-4-4. They give rise to compensatory rest. However, the employee may also refuse to carry out this extra day of work without such refusal constituting a fault or ground for dismissal." ;
    2 ° In Article L. 212-4-2, in the first and fourth paragraphs of Article L. 212-8 and in Article L. 212-9, the number: 1,600 " Is replaced by the number: " 1,607 " ;
    3 ° III of article L. 212-15 -3, the words: " Two hundred and seventeen days " Are replaced by the words: " Two hundred and eighteen days ".

    Article 3


    The rural code is thus modified:
    1 ° A l' article L. 713-19, the references:" L. 212-9 and L. 212-15 -1 to L. 212-15 -4 " Are replaced by references: " L. 212-9, L. 212-15 -1 to L. 212-15 -4, L. 212-16 and L. 212-17 " ;
    2 ° In Articles L. 713-14 and L. 713-15, the number: 1,600 " Is replaced by the number: " 1 607 ".

    Article 4


    Failing agreement or agreement on the basis of the second paragraph of Article L. 212-16 of the The provisions of collective agreements and agreements providing for unemployment on the Monday of Pentecost are unenforceable.
    The provisions of collective agreements and agreements providing for unemployment of the day are also unenforceable. Solidarity when it is chosen by business agreement or by decision Unilateral of the employer pursuant to the second and fifth paragraphs of Article L. 212-16 of the same code.

    Article 5


    Period of work fixed prior to the entry into force of this Law by the provisions of collective agreements or agreements and by the provisions of the contracts of employment relating to the annual hours in application of Articles L. 212-8 and L. 212-9 of the Labour Code and L. 713-14 of the Rural Code as well as those of Of the working hours of the year under Article L. 212-15 -3 of the Labour Code shall be increased by seven hours per year. The number of days fixed by the provisions relating to the annual package in days pursuant to Article L. 212-15 -3 of the same code shall be increased by one day per year.
    The working time provided for before the entry into force of this Law By the provisions of collective agreements or agreements and by the provisions of the contracts of employment relating to part time modulated on the year in accordance with Article L. 212-4-6 of the Labour Code and the annualised part-time validated in the Conditions laid down in Article 14 of Law No. 2000-37 of 19 January 2000 on the Negotiated reduction of working hours is increased by a duration proportional to the contractual duration.

    Article 6


    For Officials and non-incumbent agents covered by Act No. 84-16 of 11 January 1984 laying down statutory provisions concerning the public service of the State, of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the Territorial Civil Service and Law No. 86-33 of 9 January 1986 Statutory provisions relating to the hospital public service as well as for doctors, biologists, odontologists and pharmacists referred to in Article L. 6152-1 of the Public Health Code, the day of solidarity provided for in Article L. 212-16 of the Labour Code is fixed under the following conditions:
    -in the territorial civil service, this day shall take the form of a day fixed by the discharge of the executive body of the competent territorial assembly, after the opinion of the Joint Technical Committee concerned;
    -in the function Hospital public as well as the doctors, biologists, odontologists and pharmacists mentioned in article L. 6152-1 of the code of public health, this day takes the form of a day fixed by the directors of the establishments, after notice The relevant instances;
    -in the public service, this Day shall take the form of a day fixed by order of the competent minister taken after notice of the relevant ministerial joint technical committee.
    In the absence of a decision before 31 December of the previous year, the day of solidarity of the The personal data referred to in the first subparagraph shall be fixed to the Pentecost Monday

  • TITLE III: ESTABLISHMENT OF THE NATIONAL SOLIDARITY CAISSE FOR SELF-OMY Article 7


    The Government shall submit to Parliament no later than 1 October 2004, a quantitative and qualitative assessment report on the implementation of Act No. 2001-647 of 20 July 2001 on the management of the loss of independence of the elderly and the personalised self-government allocation.

    Article 8


    A National Solidarity Solidarity Fund is hereby established to contribute, within the resources allocated to it, to the financing of Responsibility for the loss of independence of the elderly and persons with disabilities in respect of equal treatment of the persons concerned throughout the territory.

    Item 9


    The Fund National Solidarity for Autonomy is a national public institution with administrative character. It has legal personality and financial autonomy. It is subject to the control of the competent authorities of the State.
    It may employ employees governed by private law.
    Parliament's control over the National Solidarity Fund for autonomy is exercised by the parliamentarians mentioned at Article L. 111-9 of the Social Security Code, under the conditions and under the reserves provided for in the same article.

    Article 10


    I. -The National Solidarity Fund for Independence has the following structures:
    -a board of directors;
    -a supervisory board;
    -a scientific council.
    II. -The composition of these structures makes it possible to associate members of Parliament, representatives of the General Councils, representatives of the boards of directors of the national social security bodies referred to in the title with the management of the caisse. II of Book II of the Social Security Code as well as representatives of associations working at national level for the elderly and
    . -The composition, powers and functioning of these structures shall be determined by a decree of the Council of
    . -The Board of Directors of the National Solidarity Solidarity Fund shall transmit annually to Parliament and to the Government, by 15 October at the latest, a report presenting the estimates of the fund for the current year and The following year as well as the use of the resources assigned to each section.
    The report details the distribution of the competition paid by the caisse to the departments in order to support part of the cost of the Personalized Benefit
    For the year 2004, the report is transmitted before December 31.

    Article 11


    Products assigned to the National Solidarity Fund for Independence consist of:
    1 ° A contribution At the rate of 0.3 % due by private and public employers. This contribution has the same basis as the sickness insurance contributions allocated to the financing of the basic health insurance schemes. It shall be recovered under the same conditions and under the same guarantees as those contributions;
    2. An additional contribution to the social levy referred to in Article L. 245-14 of the Social Security Code and a contribution Additional social levy referred to in Article L. 245-15 of the Code. These additional contributions shall be based, monitored, recovered and payable under the same conditions as those applicable to such social levies. Their rate is set at 0.3 %;
    3 ° A fraction of 0.1 percentage point of the social contributions referred to in Articles L. 136-1, L. 136-6, L. 136-7 and L. 136-7-1 of the same code;
    4 ° Participation of compulsory basic schemes Old-age insurance, representative of an identical share for all the schemes, as determined by regulation, of the amounts spent by each of them in 2000 on home homemaker expenses for the benefit of the elderly Fulfilling the condition of loss of autonomy referred to in Article L. 232-2 of the Code of Social action and families; this fraction may not be less than half or more than three-quarters of the sums involved. The amount of such participation shall be revalued each year, by order of the Minister responsible for social security, in accordance with the forecast changes in the non-tobacco consumption prices provided for in the economic and financial report annexed to The Finance Act for the year under review.

    Item 12


    I. -The expenses of the National Solidarity Fund for Independence are set up for the year 2004 by:
    1 ° Reimbursement of the principal and interest of the loan provided for in Article 5 of Act No. 2003-289 of 31 March 2003 amending Act No. 2001-647 of 20 July 2001 on the assumption of the loss of autonomy of persons
    This load is plotted in a specific section, filled with the needs, by the products of the contributions referred to in the 1 ° and 2 ° of Article 11;
    2 ° A contribution to the financing By the compulsory basic sickness insurance schemes of the institutions and Services mentioned in 6 ° du I of Article L. 312-1 of the Code of Social Action and families for the elderly and the 2 ° of Article L. 6111-2 of the Public Health Code.
    This burden is traced in a specific section of the Code. 30 % of the balance of the products of the contributions referred to in the 1 ° and 2 ° of Article 11, available after application of the 1 ° of this I;
    3 ° A contest paid to the departments, intended to cover part of the cost of the allowance Autonomy referred to in Article L. 232-1 of the Code of Social Action and
    . The amount of this competition is allocated in accordance with the terms and conditions set out in II of this Article.
    This charge is drawn up in a specific section, which is supported by:
    (a) The product of the general social contribution referred to in Article 11, subject to the provisions of 4 ° of this I;
    (b) 70 % of the balance available, after application of the 1 ° of this I, of the products of the contributions 1 ° and 2 ° of Article 11;
    (c) The product provided for in 4 ° of Article 11;
    4 ° Expenditure on the modernisation of services or of professionalisation of all occupations which contribute to the home of elderly dependent persons Assistance in everyday life events in order, in particular, to promote actions To strengthen the professionalisation and the quality of services as well as the training and qualification expenditure of health care workers recruited as part of the new measures for the medicalisation of institutions And services mentioned in 6 ° du I of Article L. 312-1 of the Code of Social Action and Families and at 2 ° of Article L. 6111-2 of the Public Health Code.
    This load is traced in a specific section with a fraction of the Product of the general social contribution referred to in Article 11. This fraction, fixed by the joint decree of the ministers responsible for social security and the budget, cannot be less than 5 % or more than 12 % of the sums involved.
    The modernisation of home aid projects are approved by the The minister responsible for the elderly and financed by the credit union within the limits of the appropriations available;
    5 ° Animation and prevention expenses in the fields of action of the credit union with regard to the elderly
    Redrawn in a specific section with a fraction, fixed by order of ministers Responsible for social security and budget, the resources of the section referred to at 2 °;
    6 ° Cash management costs.
    The charge of these costs is traced in a specific section, balanced by a resource levy Cashed by the fund distributed between the sections referred to at 2 °, 3 °, 4 ° and 5 °, in proportion to the amount of the resources allocated to them.
    The credit union follows all these operations in specific accounts opened under those provisions. Sections.
    II. -Starting in 2004, the amount of the competition referred to in the first subparagraph of the 3 ° of the I shall be allocated annually between the departments according to the following criteria:
    (a) The number of persons over seventy-five years of age;
    (b) The amount of the expenses for a personalised self-government allowance;
    (c) The tax potential, as determined in accordance with the rules laid down in Article L. 3334-6 of the general code of Territorial communities;
    d) The number of beneficiaries of the minimum income for insertion.
    In no case, the ratio between, on the one hand, the expenditure incurred in respect of the individual autonomy allocation of each department after Deduction of the amount so allocated and, on the other hand, their tax potential cannot Be more than a prescribed rate. The expenditure corresponding to the fraction of this report which exceeds this threshold shall be borne in full by the credit union.
    The allocation resulting from the operation defined in the first subparagraph of this II for departments other than those having Of additional appropriations under the preceding paragraph shall be reduced by the sum of the amounts thus calculated in proportion to the allocation made pursuant to that paragraph between those departments.
    The operations described in Two previous paragraphs shall be renewed until the expenditure left to the Each department shall not exceed the threshold set out in the sixth paragraph of this II.
    The assistance of the cashier in the departments shall be the minimum of 90 % of the products available in the section referred to in the 3 ° of the I, After taking into account the charges mentioned at 6 ° I.
    III. -The II of Article 5 of Act No. 2003-289 of 31 March 2003 is hereby repealed.

    Article 13


    Starting in 2005, the Fund The National Solidarity Solidarity Fund allocates its resources in five separate sections according to the following modalities:
    1 ° 40 % of the products of the contributions provided for in 1 ° and 2 ° of Article 11, in order to finance actions in favour of the elderly;
    2 ° 40 % of the products of the contributions provided for in the 1 ° and 2 ° of Article 11, in order to finance actions In favour of persons with disabilities;
    3 ° 20 % of the products of the contributions provided for in the 1 ° and 2 ° of Article 11, the product of the general social contribution referred to in Article 11, subject to the provisions of 4 ° of the Article, and the product mentioned in 4 ° of Article 11 in order to finance the charges laid down At 3 ° du I of Article 12;
    4 ° A fraction of the product of the general social contribution mentioned in 3 ° of Article 11 to finance the charges laid down in Article 12, 4 ° I. This fraction, fixed by joint decree of the ministers responsible for social security and the budget, may not be less than 5 % or more than 12 % of the sums in question;
    5 ° A levy on resources cashed by the fund, distributed Between the previous sections in proportion to the amount of resources allocated to them, to finance the management costs of the fund.

    Article 14


    I. -The appropriations allocated, in respect of a financial year, to the sections referred to in Articles 12 and 13, which were not consumed at the end of the financial year, give rise to automatic carryover over the following
    . -Products resulting from the placement, under conditions laid down by decree in the Council of State, of supplies exceeding the cash requirements of the credit union shall be allocated to the financing of the expenses referred to in Article 12 and 3 ° of the I Article 13.

    Article 15


    I. -The property, rights and obligations of the fund referred to in Article L. 232-21 of the Code of Social Action and Families are transferred to the National Solidarity Fund for autonomy. This transfer is made free of charge and does not give rise to any compensation or collection of duties or taxes, nor to any payment of salaries or fees to the agents of the State.
    II. -The third paragraph of Article L. 135-1 of the Social Security Code reads as
    : As a transitional measure, until 30 June 2005, the old-age solidarity fund manages the Caisse nationale de solidarité pour l' autonomy instituted by Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and the elderly. Persons with disabilities. "
    III. -Until 30 June 2004, the provisions of Article 12, II, replace the provisions of Article L. 232-21 of the Code of Social Action and Families. The provisions of this section are repealed effective July 1, 2004.
    IV. -In Article L. 136-8 of the Social Security Code, the words: To the fund established by Article L. 232-21 of the Code of Social Action and Families Are replaced by the words: " The Caisse nationale de solidarité pour l' autonomy instituted by Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and persons with disabilities ".
    V.-The eleventh subparagraph (10 °) of Article L. 3332-2 The general code of the local authorities is thus written:
    " 10 ° Products paid by the National Solidarity Fund for the autonomy established by Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of the elderly and persons with disabilities. "

    Article 16


    The resulting charges for the local authorities of the creation or extension of competences carried out By this Law shall be compensated under conditions which shall be laid down by a financial law

  • TITLE IV: MISCELLANEOUS PROVISIONS Article 17


    After Article 19-1 of Act No. 2001-647 of 20 July 2001 on the management of the Loss of autonomy of the elderly and the personalised allowance of autonomy, it shall be inserted a Article 19-2 worded as
    : Article 19-2. -For 2004, the Home Aid Modernization Fund referred to in Article L. 232-21 of the Code of Social Action and Families pays to the National Pension Fund for Employed Workers, for the benefit of the National Fund for Action Health and social services in favour of the elderly, a contribution to the financing, on an equal basis with the national fund, of the refreshed rooms in the accommodation facilities for the elderly, retirement homes entitled to Social assistance and home-homes.
    " The maximum amount of this non-renewable contribution shall be fixed at the sum of EUR 20 million. "

    Item 18


    I. -Article L. 134-2 of the Code of Social Action and Families is supplemented by three sub-paragraphs as
    : The members of the Central Commission shall be appointed for a renewable term of four
    . The rapporteurs whose function is to hear cases are appointed by the Minister responsible for social assistance either among the members of the Council of State and the judges of the Court of Auditors, or among the officials of the administrations Departments, or among those who are particularly competent in the field of aid or social action. They have voting rights in the cases where they are rapporteurs.
    " Commissioners from the Government, who are responsible for making their findings on matters that the Chairman of the Central Committee, a section or sub-section entrust to them, are appointed by the Minister responsible for social assistance among the members The Council of State, the judges of the Court of Auditors and officials of the Ministry responsible for social assistance. "
    II. -Article L. 134-6 of the Code is supplemented by three sub-paragraphs as
    : A commissioner of the Government appointed by the prefect shall pronounce his conclusions on the cases entrusted to him by the President. It does not have a vote.
    " The duties of rapporteur shall be provided by the Secretary of the Committee. He or she may be assistant to one or more rapporteurs. The Secretary and Rapporteurs shall be appointed by the Chairman of the Committee from among the persons on a list drawn up jointly by the President of the General Council and the Prefect. They have voting rights in the cases they report.
    " The Secretary, Rapporteurs and Commissioners of the Government are selected from active or retired civil servants or magistrates. "
    III. -Article L. 542-4 of the Code is supplemented by four sub-paragraphs as
    : The Secretary of the Territorial Committee on Social Assistance shall serve as Rapporteur. It shall have voting rights in the cases it reports. It can be replaced by an assistant reporter.
    " A Government Commissioner, appointed by the representative of the Government, shall give his or her conclusions on the cases entrusted to him by the President. It takes no part in the vote.
    " If the votes are equally divided, the President shall have a casting vote.
    " The Secretary and the Deputy Rapporteur shall be appointed by the Chairman of the Committee, on the proposal of the representative of the Government.

  • TITLE V: FINAL PROVISIONS Article 19


    Subject to the provisions of III of Article 15, Provisions of this Law shall enter into force on 1 July 2004.
    I.-With regard to the provisions of Title II:
    1 ° The first day of solidarity shall take place between 1 July 2004 and 30 June 2005;
    2 ° The amendments provided for in Articles 2 and 3 of Article 2 and Articles 3 and 5 shall apply to the annual reference periods as from This includes the first day of solidarity.
    II. -With regard to the provisions of Title III:
    1 ° The contribution established by the 1 ° of Article 11 shall apply to remuneration paid as from 1 July 2004;
    2 ° The additional contribution to the social levy referred to in Article L. 245-14 of the Code of Social Security, established by the 2 ° of Article 11 of this Law, applies to income of the years 2003 and subsequent years. Its rate is 0.15 % for the taxation of income for the year 2003;
    3 ° The additional contribution to the social levy referred to in Article L. 245-15 of the Social Security Code, established by Article 11 of this Law, Applies, as from 1 July 2004, to the investment products referred to in the I of Article L. 136-7 of the Social Security Code on which the collection provided for in Article 125 A of the General Tax Code is based on that date And the products of investments referred to in Article II of the same Article L. 136-7 for the part of those products Acquired and, where applicable, as of 1 July 2004.
    The year of entry into force of the contribution, for the application of the provisions of Article IV of that Article L. 136-7, the income taken into account for the calculation of the instalments due to the Of the months of December 2004 and January 2005 shall be retained only at 50 % of the income from December 2003 and January 2004.
    This Law shall be executed as the law of the State


Done at Paris, June 30, 2004.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

Minister of State, Minister of Economy,

Finance and Industry,

Nicolas Sarkozy

The Minister of the Interior,

of internal security

and local freedoms,

Dominique de Villepin

The Minister of Employment,

and Social Cohesion,

Jean-Louis Borloo

The Seals Minister, Minister of Justice,

Dominique Perben

The Minister of Health

and Social Protection,

Philippe Douste-Blazy

Minister of Public Service

and State Reform,

Renaud Dutreil

The Minister of Agriculture, Food,

Fisheries and Rural Affairs,

Herve Gaymard

Associate Minister of the Interior,

Government Spokesperson,

Jean-François Copé

Minister Delegate for Relations Work,

Gérard Larcher

Associate Minister Seniors,

Hubert Falco

Secretary of State for Budget

and Budget Reform,

Dominique Bussereau

Secretary of State for People with Disabilities,

Marie-Anne Montchamp


(1) Preparatory work: Law No. 2004-626.

National Assembly:

Bill 1350;

Report by Mr Denis Jacquat, on behalf of the Committee on Cultural Affairs, No 1540;

Discussion and adoption, after emergency declaration, May 11, 2004.

Senate:

Bill, adopted by the National Assembly, No. 299 (2003-2004);

Report by André Lardeux, on behalf of the Committee on Social Affairs, No. 313 (2003-2004);

Opinion by Mr Adrien Gouteyron, on behalf of the Committee on Social Affairs Finance, No. 315 (2003-2004);

Discussion on 25 and 26 May 2004 and adoption May 26, 2004.

National Assembly:

Bill, as amended by the Senate, No. 1629;

Report by Mr. Denis Jacquat, on behalf of the Committee 1665;

Discussion and adoption on June 16, 2004.

Senate:

Report by André Lardeux, on behalf of the Joint Joint Committee, No. 341 (2003-2004);

Discussion and adoption on June 17, 2004.


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