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Summary
The 5th of Art I. LO. 111-3 of the Social Security Code states that the Social Security Funding Act sets out annually, for each of the mandatory basic plans with more than 20,000 active or retired contributors with own rights or organizations whose mission is to contribute to their financing, the limits in which their cash requirements can be covered by non-permanent resources. However, art. LO. 111-5 of the said Code states that in the event of an emergency, these limits may be raised by decree. Section 68 of the Social Security Financing Act for 2003 (2002-1487 of 20-12-2002) set the limit for the general system to 12.5 billion euros. However, as shown by the Social Security Accounts Commission in May 2003, the deficit of the General Plan will be more than 4 billion euros than that expected in the vote of the Financing Act. Regularly updated estimates suggest that since July 2003 the need for cash from the central social security agency at the end of 2003 should be higher than the initial forecast of several billion euros. In the face of this situation, the measures the Government intends to take to improve the cash position of the general plan by the end of the year will only limit the extent of these exceedances. It is therefore necessary to increase the borrowing ceiling of the general plan, which the Government proposes to set at 15 billion euros. In accordance with art. LO. 111-5 of the above-mentioned code, the ratification of this decree will be requested by Parliament in the Social Security Financing Bill for 2004. In addition, under art. L. 111-10, the Government will submit to Parliament, within 15 days of its publication, a report presenting the reasons for raising the ceiling and justifying the urgency that requires the use of the regulatory path.
Keywords
HEALTH , SOCIAL SECURITY , GENERAL REGIMA , HEALTH DEPENSE , MALADIAN ASSURANCE , DEPENSE , DEPASSEMENT , TRESORERIE , NON- PERMANENT RESOURCE , FINANCING , TRESORERIA ADVANCED , PLAFOND ,
Subsequent links
JORF n°224 of 27 September 2003 page 16531
text No. 47
Decree No. 2003-921 of 26 September 2003 on raising the ceiling on cash advances to the general social security regime NOR: SANX0300136D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/9/26/SANX0300136D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/9/26/2003-921/jo/texte
President of the Republic,
On the report of the Prime Minister, the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister of Health, Family and Persons with Disabilities,
Considering the social security code, including articles LO 111-5 and LO 111-10;
Having regard to Act No. 2002-1487 of 20 December 2002 on social security financing for 2003, including Article 68;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 29 August 2003;
The State Council (Social Section) heard;
The Council of Ministers heard,
Decrete:
Article 1
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The amount by which cash requirements of the general social security regime can be covered in 2003 by non-permanent resources is increased to €15 billion.
Article 2
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The Prime Minister, the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister of Health, Family and Persons with Disabilities are responsible, each with respect to him, for the implementation of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 26, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
Minister of Social Affairs,
and solidarity,
François Fillon
Minister of Economy,
finance and industry,
Francis Mer
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