Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity,
Considering the social security code, including articles L. 412-8, R. 412-4 and R. 444-7;
Having regard to Act No. 2006-396 of 31 March 2006, in particular its article 9;
Considering the opinion of the Industrial Accidents and Occupational Diseases Commission of 5 July 2006;
The State Council (Social Section) heard,
Decrete:
Article R. 412-4 of the Social Security Code reads as follows:
"Art. R. 412-4. - I. - A. - For pupils and students of educational institutions referred to in (a) and (b) of the 2nd of Article L. 412-8 who receive a gratification equal to or less than the fraction of the gratification referred to in Article L. 242-4-1, the obligations of the employer are to the educational institution signatory to the convention provided for in Article 996 of Act No. 2006-3 However, for students in public institutions under the Minister for National Education, contributions are paid to the rector.
B. - The basis for calculating contributions and annuities is the minimum wage referred to in section L. 434-16.
C. - When the accident occurs by the fact or on the occasion of the internship in a company or, for students in medicine, dental surgery or pharmacy who do not have a hospital status, of the hospitable internship conducted under the conditions provided for in 2° of section L. 412-8, the obligation to report the occupational accident instituted by section L. 441-2 rests with the undertaking or the health establishment. The company or health facility shall promptly address the educational institution or research unit to which the student or student reports a copy of the occupational accident statement sent to the competent primary health insurance fund.
II. - A. - For pupils and students of educational institutions referred to in a and b of the 2nd of Article L. 412-8 who receive a gratuity greater than the gratification fraction referred to in Article L. 242-4-1, the obligations of the employer are the responsibility of the undertaking signatory to the agreement provided for in Article 9 of Act No. 2006-396 of 31 March 2006, subject to section C of the II.
B. - The base plate for the calculation of contributions is equal to the difference between the gratification paid to the trainee and the amount of the gratification fraction referred to in L. 242-4-1. Annuities are calculated on the basis of the minimum wage referred to in section L. 434-16 or the amount of the gratuity paid to the trainee if the trainee is higher.
C. - When the accident occurs due to the fact or on the occasion of the teaching or training provided by the institution to which the student reports, the reporting obligation is the responsibility of the institution. It shall promptly send a copy of the accident declaration sent to the competent health insurance fund to the signatory of the above-mentioned agreement.
III. - The provisions of I or II of this Article shall apply to persons referred to in (f) of 2° of Article L. 412-8, depending on the amount of the gratification they receive. In this case, references to "the company are replaced by those of "the public or private organization in which the internship is carried out.
IV. - The State shall bear the charge of the benefits due to pupils and students of State technical educational institutions, victims of industrial accidents that occurred before 1 October 1985, including those of the benefits due in the event of relapse and revision after that date and having for origin the accident for which the persons concerned were or were compensated. »
In article R. 444-7 of the Social Security Code, the words: "to persons mentioned in a, b, c of 2° of article L. 412-8" are replaced by the words: "to persons mentioned in a, b, c and f of 2° of article L. 412-8".
The Minister of Economy, Finance and Industry, the Minister of National Education, Higher Education and Research, the Minister of Health and Solidarity, the Minister Delegate for Budget and State Reform, Spokesperson for the Government, and the Minister Delegate for Social Security, Older Persons, Persons with Disabilities and the Family are responsible, each with respect to it, for the execution of this official decree.
Done in Paris, 18 December 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Health and Solidarity,
Xavier Bertrand
Minister of Economy,
finance and industry,
Thierry Breton
Minister of National Education,
higher education
and research,
Gilles de Robien
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
Minister for Social Security,
to the elderly,
Persons with Disabilities
and the family,
Philippe Bas
