Key Benefits:
The Prime Minister,
On the report of the Minister of Defence, the Minister for Foreign Affairs, the Minister of Economy, Finance and Industry, the Minister of Public Service and the Minister for Budget and State Reform, Government Spokesperson,
Having regard to Act No. 2005-270 of 24 March 2005 amending the general status of the military, including article 10;
In light of the amended Decree No. 48-1366 of 27 August 1948, which determines the allowances that may be paid for the balance to the soldiers of the armies of land, sea and air;
Having regard to amended Decree No. 91-669 of 14 July 1991 on the general organization of support services and administration within the armed forces and the gendarmerie, in particular Article 9 thereof;
In light of amended Decree No. 97-900 of 1 October 1997, setting out the modalities for calculating the remuneration of foreign military personnel,
Decrete:
Members who are subject to their assignment of the provisions of the above-mentioned Decree of 1 October 1997 shall receive a lump-sum leave allowance, which shall be paid on a lump-sum basis for the costs they incurred on an annual administrative leave during their stay, for a minimum of ten days.
This annual allowance is paid in the first semester of the calendar year, excluding the year in which the member joins his assignment and the year in which the member leaves his assignment.
It shall be refunded if the member, before the end of the calendar year in respect of which the right is opened, ceases his or her duties abroad, or has not taken any leave, under the conditions set out in the first paragraph of this article, except for compelling reasoned service.
Military personnel assigned for a period of one year, without being allowed to be accompanied by their families, to an administrative training within the meaning of the decree of 14 July 1991 which was previously deployed or stationed outside of Metropolitan France and on a list set by a decree of the Minister of Defence receive a lump-sum leave allowance, intended to take lump-sum care of the costs they undertake on the occasion of a minimum leave
This annual allowance is paid within the first six months of the date of the transfer order.
It shall be refunded if the member, before the intended term, ceases his or her duties or takes no leave under the conditions laid down in the first paragraph of this article, except for the compelling reasoned service.
The amount of this allowance shall be determined annually by joint order of the Minister of Defence, the Minister of Foreign Affairs and the Minister responsible for the budget.
The amount of the allowance is increased on the basis of the family situation of the member declared to the administration on 1 January of the year in which the right is open:
- 100 per cent for married soldiers or bound by a civil pact of solidarity concluded for at least three years;
- 10% for each dependent child under two years of age, 70% for each dependent child between two and twelve years of age and 100% for each dependent child twelve years of age and older.
These increases do not apply to military personnel referred to in section 2.
The concept and age limits of dependent children are assessed according to the provisions of Article 9 of the aforementioned Decree of 1 October 1997.
The provisions of this decree are not applicable to military personnel serving abroad as part of a mandate of an international organization, to military personnel under the classification set out in table 1 taken on the basis of article 5 of the above-mentioned decree of 1 October 1997, to military personnel assigned to security detachments of embassies and consulates and to military personnel assigned to military defence cooperation missions.
The award of compensation under Articles 1 and 2 above is incompatible with the possibility that the member, in any capacity, may be entitled to take charge of his travel expenses, for the same stay.
The Minister of Defence, the Minister for Foreign Affairs, the Minister of Economy, Finance and Industry, the Minister of Public Service and the Minister for Budget and Reform of the State, spokesperson for the Government, are responsible, each with respect to it, for the execution of this decree, which takes effect on January 1, 2006 and will be published in the Official Journal of the French Republic.
Done in Paris, 20 December 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Defence,
Michèle Alliot-Marie
Minister of Foreign Affairs,
Philippe Douste-Blazy
Minister of Economy,
finance and industry,
Thierry Breton
The Minister of Public Service,
Christian Jacob
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
