Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform and the Minister Delegate to Industry,
Having regard to amended Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications, including section 29-3;
Having regard to Decree No. 2004-738 of 26 July 2004 on the application of the provisions of Article 29-3 of the amended Law No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications;
Having regard to Decree No. 2004-819 of 18 August 2004 on the application of the provisions of Article 29-3 of Act No. 90-568 of 2 July 1990 amended on the organization of the public service of the post and telecommunications;
In view of Decree No. 2004-820 of 18 August 2004 on the application of the provisions of Article 29-3 of Act No. 90-568 of 2 July 1990 as amended on the organization of the public service of the post and telecommunications;
The State Council (Finance Section) heard,
Decrete:
If, during its integration into a public service body of the State or one of its public institutions, in a framework of employment of the territorial public service, or in a body of the hospital public service, the official of France Télécom is reclassified to a index lower than that held in his original body, he receives from France Télécom a lump sum compensatory allowance, calculated according to the terms set out in 3.
Pursuant to the provisions of the second paragraph of section 29-3 of the above-mentioned Act of 2 July 1990, France Télécom shall pay to the employee's employer, on the date of its integration, an amount equal to the amounts of the salaries and allowances paid to the agent during the four-month period during which it was made available to that employer, plus compulsory social and fiscal expenses based on the salaries that were at the expense of France.
When the integrated employee's employer is the state, this amount is paid by France Télécom to the general budget at the end of the semester in which the integration decision was notified to him.
The lump sum compensatory allowance is equal, if the index held in the body of origin at the date of the detachment is less than or equal to the sommital index of the grade of the body or the framework of integration employments, to:
I = (Ift - In) x D x V x (k + 1) / 2
I being the value of compensation; Ift the index held in the original body on the date of detachment; In the index obtained in the grade of the body or framework of integration jobs; D the average duration of a step calculated from the average durations fixed by the particular status for the remaining steps to be taken before reaching the Ift Index; V the annual value of the index point; k the number of steps to be taken to reach Ift fixed by the particular status.
In the case where the index held in the body of origin at the date of the detachment is greater than the sommital index of the grade of the body or of the framework of integration, the lump sum compensatory allowance is equal to:
I = (Imax - In) x D x V x (k + 1)/2 + (Ift - Imax) x
(legal retirement age - age of entry into the body) x V
I being the value of compensation; Ift the index held in the original body on the date of detachment; Imax the sommital index of the grade of the body or the framework of integration jobs; In the index obtained in the grade of the body or the framework of integration jobs; D the average duration of a step calculated from the average durations fixed by the particular status for the remaining steps to be taken before reaching the Imax index; V the annual value of the index point; k the number of steps to be taken to reach Imax fixed by the particular status.
The change of residence of the agent of France Télécom, who is the recipient of the provisions of the above-mentioned decrees of 26 July 2004 and 18 August 2004, is responsible for France Télécom. They are liquidated under the conditions prescribed by the regulations applicable to them on the date of change of residence.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister Delegate for Industry and the Secretary of State for Budget and Budget Reform are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 3, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Delegate to Industry,
Patrick Devedjian
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Public Service
and state reform,
Renaud Dutreil
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
