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Decree No. 2005 - 1635 Of 26 December 2005 Concerning The Caisse De Pensions Of The Staff Of The Régie Autonome Des Transports Parisiens

Original Language Title: Décret n° 2005-1635 du 26 décembre 2005 relatif à la caisse de retraites du personnel de la Régie autonome des transports parisiens

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Summary

Partly repealed: Article 2.


JORF n°300 of 27 December 2005 page 19988
text No. 28



Decree No. 2005-1635 of 26 December 2005 on the pension fund of the staff of the Autonomous Régie des transports parisiens

NOR: SANS0524634D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/12/26/SANS0524634D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/12/26/2005-1635/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, the Minister of Transport, Equipment, Tourism and the Sea and the Minister of Health and Solidarity,
Considering the social security code, including articles L. 711-1 and R. 711-1;
Having regard to amended Order No. 59-151 of 7 January 1959 relating to the organization of passenger transport in Ile-de-France, including Article 2;
Considering the amended Decree No. 55-733 of 26 May 1955 on the economic and financial control of the State;
In view of the amended Decree No. 59-1091 of 23 September 1959 establishing the status of the Autonomous Régie des transports parisiens;
In view of Decree No. 2004-174 of 23 February 2004 on the social security system of the staff of the Autonomous Régie des transports parisiens, in particular its article 3;
Having regard to the advice of the Board of Directors of the National Old Age Insurance Fund of Employees dated 2 November 2005;
In view of the letter dated 18 October 2005 striking out for advice the Board of Directors of the Central Agency for Social Security Agencies;
After notice of the State Council (social section),
Decrete:

Article 1 Learn more about this article...


A staff pension fund of the Autonomous Régie des transports parisiens is established. This fund ensures the operation of the special pension plan for the agents and former agents of the permanent framework of the Autonomous Régie des transports parisiens and their beneficiaries.
The pension fund of the staff of the Autonomous Régie des transports parisiens is a private social security organization with a moral personality. It is responsible for a public service mission for the benefit of the persons mentioned in the preceding paragraph. It is under the joint supervision of the ministers responsible for budget, transport and social security.

Article 2 Learn more about this article...


Agents of the permanent framework, former agents of the permanent framework who hold a pension under the regulations of the staff of the Autonomous Régie des transports parisiens and their beneficiaries are entitled to the credit union referred to in section 1.

Article 3 Learn more about this article...


The pension fund of the staff of the Régie autonome des transports parisiens is:
1° To carry out, for the opening of pension rights for affiliates, the registration and delisting of its affiliates;
2° To recover the proceeds from the contributions due by employees of the Régie autonome des transports parisiens and the Régie autonome des transports parisiens and, on behalf of third parties, the contributions or social contributions due by the pensioners as well as other revenues due to it;
3° Ensure liquidation and pension service;
4° To carry out missions relating to financial agreements concluded under articles L. 222-6, L. 225-1-2 and L. 922-1 of the Social Security Code;
5° Ensure cash management;
6° To conduct an annual assessment of the specific rights of the special pension plan defined by decree.

Article 4 Learn more about this article...


In order to allow the pension fund of the staff of the Autonomous Régie des transports parisiens to carry out the registration and delisting operations, the Autonomous Régie des transports parisiens is obliged to declare to it, under penalty of incurring the sanctions provided for in articles R. 244-4 and R. 244-5 of the Social Security Code, employees who must be affiliated to it. In the absence of such a declaration, the credit union shall ensure that the registration or delisting is on its own initiative or at the request of the person concerned.

Article 5 Learn more about this article...


I. - The staff pension fund of the Régie autonome des transports parisiens is administered by a board of directors of twenty-four members including:
- a president, appointed by joint decree of ministers responsible for budget, transport and social security;
- 12 members representing affiliates, including ten representing agents of the permanent framework of the Autonomous Régie des transports parisiens and two representing former agents of the permanent framework who hold a pension under the pension regulations;
- 11 members representing the Autonomous Régie des transports parisiens.
II. - The representatives of the affiliates are elected by the list to the proportional representation according to the highest average rule. A seat is reserved for the category of executives and is assigned to the list having obtained the most votes in this category, provided that the list includes at least two candidates from that category, the first in the order of the list being designated as the holder, the second as an alternate. This seat is, where applicable, charged to the seat(s) already obtained by the beneficiary list. Each list shall include a higher number of candidates of two units in the number of incumbent and alternate members to be elected. It is assigned to each list as many alternates as incumbents. Alternates are designated in the order of the list.
The terms and conditions for the organization of the elections are defined by the statutes mentioned in 1° of II of Article 9.
Representatives of the Autonomous Régie des transports parisiens are appointed by its President and CEO. It means an equal number of alternates.
The alternate replaces the licensee in case of absence at a session. If the licensee is present, the alternate is not allowed to attend the board of directors.
III. - In the event of a vacancy on the seat of an elected member, for any reason, the member shall be replaced by the first alternate in the order of the list for the remainder of the term. The latter is itself replaced as an alternate by the candidate placed immediately after the last elected on the same list. These provisions apply in the event of a vacancy of the seat reserved for the category of executives, provided that the replacement, whether the holder or the alternate, belongs to that category.
Where the provisions of the preceding paragraph cannot be applied, the seat remains vacant until the next renewal of the board of directors.
In the event of a vacancy on the seat of a member representing the Autonomous Régie des transports parisiens, it is replaced by the first alternate in the order of presentation of the list prepared by the President and CEO of the Board who immediately designates a new alternate.

Article 6 Learn more about this article...


Members of the board of directors must be at least eighteen years of age and not more than sixty-five years of age at the date of their appointment, have not been sentenced to any of the convictions referred to in sections L. 6 and L. 7 of the electoral code and have not been sentenced to a correctional penalty imposed under the provisions of the social security code or in the five years preceding the date of their appointment to a sentence
However, the age limit of sixty-five years is not applicable to the two members of the Board of Directors representing former members of the permanent framework who hold a pension under the pension regulations.
cannot be designated or elected as directors or lose the benefit of their mandate:
1° Representatives of the Autonomous Régie des transports parisiens if it is not up to date with its social obligations with respect to the body or bodies of recovery of the general regime;
2° Staff members of the caisse, as well as former members who have ceased their activities for less than five years if they were acting as directors or have been subject to revocation or dismissal for disciplinary reasons for less than ten years;
3° Persons, whether civil servants or not, having exercised the guardianship of the fund in the preceding five years;
4° Employees or non-employed persons acting as administrator, director or manager of a business, for-profit institution or association, who benefit from a financial competition from the caisse, or who participate in the provision of works, supplies or services or in the execution of insurance, lease or rental contracts;
5° Persons who perceive, in any capacity, fees on the part of the fund;
6° Persons who, in the exercise of their professional activity, plead, consult for or against the caisse, or perform expertise in the application of social security legislation to nationals of the caisse.
Loss the benefit of their mandate:
1° Representatives of affiliates who cease to belong to the category they represented or to the organization for which they were elected;
2° The representatives of the Autonomous Régie des transports parisiens whose replacement is requested by the Governing Council on the basis of the evolution of their situation, and in particular because of the termination of their functions in this establishment.

Article 7 Learn more about this article...


The members of the board of directors of the caisse are appointed by joint decree of ministers responsible for budget, transport and social security. The term of office is five years.

Article 8 Learn more about this article...


It is prohibited for any director to remain or become a member of the staff of the caisse or to receive, in any form, compensation for the operation of the caisse. The administrator who does not respect this prohibition is declared to be resigned by the board of directors or, if not, by the Minister for Social Security.
The functions of the administrators are free of charge. However, they are entitled to reimbursement by the caisse of travel and residence expenses motivated by the exercise of their mandate. The terms and conditions for reimbursement of travel and living expenses are set out in accordance with the regulations in force for the compensation of the directors of the National Old Age Insurance Fund of employed workers.
The caisse reimburses to the Régie autonome des transports parisiens the salaries maintained to the administrators to enable them to perform their duties during the working hours and the benefits and social expenses associated with them.
The Autonomous Régie des transports parisiens is obliged to leave to its agents, members of the board of directors of the caisse, the time necessary to go and participate in the plenary meetings of this council or the committees that depend on it.
The time spent outside the Autonomous Régie des transports parisiens during the working hours by the administrators for the performance of their duties is assimilated to an effective working period for the determination of the duration of the paid leave, the right to social insurance benefits and family benefits, as well as to all the rights that the employee holds due to his seniority in the Autonomous Régie des transports parisiens.
The absences of the Autonomous Régie des transports parisiens des Administrateurs, justified by the exercise of their functions, do not result in any decrease in their remuneration and benefits.
The Autonomous Régie des transports parisiens is obliged to grant to its agents, members of the board of directors of the caisse, on their request, authorizations of absence to allow them to attend the training sessions organized for the exercise of their functions.
The exercise of the administrator's mandate cannot be a cause of termination by the employer of the employment contract, only of damages and interests to the employee.

Article 9 Learn more about this article...


I. - The board of directors of the staff pension fund of the Autonomous Régie des transports parisiens regulates by its deliberations the affairs of the organization, under the conditions set out in II.
II. - He's in charge.
1° Establish the statutes and rules of procedure of the organization. These are, prior to their entry into force, subject to approval by the Minister for Social Security;
2° To vote before January 1 of the year to which it relates, the organization's management budget. To this budget is annexed a statement limiting the number of jobs per category for the year so that the number of agents in each category cannot exceed the number of jobs as well as the statements of capital transactions regarding investment, subsidies or financial participation programs that show the total amount of each authorized program and provide for the imputation of the corresponding payments in the budgets of the years in which these payments are to be made;
3° To vote, in the course of the year, the changes or corrections to the management budget and the states mentioned in 2°;
4° To make an order of the organization's accounts for the past year;
5° To control the application by the Director and the accounting officer of the legislative and regulatory provisions, as well as the execution of its own deliberations;
6° Stop the crate's computer master plan.
The supervisory authority of the Board of Directors of the caisse on the general functioning of the body does not allow it to substitute or give injunctions to the Director in the exercise of the own decision-making powers that are recognized by section 14, or to cancel or reform decisions taken in that capacity.

Article 10 Learn more about this article...


The Board of Directors of the Staff Pension Fund of the Autonomous Transportation Board of Paris may make any proposals to the Ministers responsible for the budget, transport and social security to amend the legislation or regulations in its area of competence.
The board of directors of the staff pension fund of the Régie autonome des transports parisiens shall, for advice, be seized by the minister responsible for the budget, the minister responsible for social security or the minister responsible for transport, of the draft decrees relating to the organization and pensions of the special pension plan of the staff of the Régie autonome des transports parisiens. These opinions are motivated. They must be notified to these three ministers under the conditions set out in articles R. 200-3, R. 200-5 and R. 200-6 of the Social Security Code.

Article 11 Learn more about this article...


I. - The Board of Directors meets at least three times a year, at the convocation of the Chair of the Board of Directors. It may be convened extraordinaryly by the President, at the request of three-quarters of directors, or by the Minister responsible for the budget, the Minister responsible for transport or the Minister responsible for social security. The board of directors shall sit validly as long as more than half of the members are present. When they are not suppleed, directors may give voting delegation to another member of the board of directors. In this case, no member can receive more than one delegation. The decisions of the board of directors are taken by a majority of the votes cast. In the event of a vote-sharing, the president has a predominant voice.
II. - Government commissioners, representing ministers responsible for budget, transport and social security, attend the meetings of the Council. They are heard every time they ask.
III. - The Director and the Accountant shall, with an advisory vote, attend the meetings of the Board of Directors or commissions that have received delegation from the Board of Directors. At the request of the Chairman of the Board of Directors, for the deliberations on the internal organization of the staff pension fund of the Régie autonome des transports parisiens and the management of its staff, representatives of the staff of the caisse may attend the meetings of the board or commissions having received delegation of the staff.

Article 12 Learn more about this article...


The President of the Board of Directors may, under his or her own responsibility, delegate his or her signature.

Article 13 Learn more about this article...


I. - The board of directors may designate in its boards and delegate some of its powers to them. Each year, the Board of Directors designates members participating in board committees. The composition, responsibilities and mode of operation of these commissions are defined in the rules of procedure of the caisse provided for in 1° of II of Article 9.
II. - Claims against the decisions taken by the caisse in respect of the missions provided for in 1°, 2° and 3° of Article 3 are submitted to an amiable appeal board composed and constituted in the board of directors of the caisse. The Panel must be seized within two months of notification of the decision against which the parties intend to file a claim. Foreclosure may only be opposed to persons concerned if this notification refers to the possibility of filing a claim and the existence of that time limit. However, the challenges against the decisions taken in respect of the collection of contributions or contributions, increases and delay penalties must be submitted to the amicable appeal board within one month of the notification of the revocation.
The commission under the previous paragraph is composed of half representatives of the affiliates and half of the representatives of the Autonomous Régie des transports parisiens. It includes:
1° Two administrators selected from the representatives of the Autonomous Régie des transports parisiens;
2° Two directors selected from the representatives of the affiliates.
The commission may validly decide whether at least one of the representatives of each fraction of the commission is present.
The deliberations of the commission are forwarded for approval to the ministers responsible for budget and social security. They only take effect from a period of thirty frank days, in the absence of an explicit opposition from one of the ministers mentioned above.

Article 14 Learn more about this article...


The director of the caisse and the accounting officer shall be appointed by joint order of the ministers responsible for budget, transport and social security, among the persons listed on the suitability list provided for in article R. 123-45 of the Social Security Code. The Director appoints an Assistant Director who is approved under the conditions set out in articles R. 123-49 (II and III) and R. 123-50 of the Social Security Code.
The Director and Accountant are appointed for a term of six years.
The Director ensures the operation of the caisse under the control of the Board of Directors. He executes the decisions of the board of directors.
He has sole authority over staff and sets the organization of work in services. Within the framework of the staff regulations, the staff member shall make any individual decisions that involve the management of the staff and, in particular, the name of the jobs, determine progress and, if necessary, take the disciplinary measures provided for in these provisions.
It represents the body in all acts of civil life and justice, in particular to sign the conventions provided for in articles 16 and 18 of this decree and the conventions provided for in articles L. 222-6, L. 225-2 and L. 922-1 of the Social Security Code.
The Director may, under his or her responsibility, delegate his or her signature to one or more officers of the caisse to perform certain acts relating to certain of his or her responsibilities.
Subject to the provisions of the first paragraph, the provisions of Chapter II of Book I, together with those of Chapter III of Title V of Book II of the Social Security Code, as they relate to the accounting officer, apply to the accounting officer of the pension fund of the staff of the Autonomous Régie des transports parisiens.
The accounting officer must refuse to refer to the order of requisition when the suspension of payment is motivated by the opposition of one or more ministers to the decision of the board of directors.

Article 15 Learn more about this article...


Officials of the Standing Framework of the Autonomous Régie des transports parisiens assigned principally to the management of the special pension plan prior to the creation of the pension fund may be made available at their request under the conditions set out in sections 33 to 35 of the statute of the staff of the board.
For the purposes of articles L. 123-1 and L. 123-2 of the Social Security Code to staff of the pension fund other than those mentioned in the first paragraph, the applicable collective agreements are those for social security organizations of the general system.

Article 16 Learn more about this article...


The collection and control of contributions by employees of the Autonomous Board of Parisian Transport and the Autonomous Board of Parisian Transport are carried out according to the rules and guarantees and sanctions mentioned in chapter III of title III and chapters II and IV of title IV of Book I and chapters III and IV of title IV of Book II of the Social Security Code.
The pension fund of the staff of the Autonomous Régie des transports parisiens may delegate, by agreement, the collection and control of contributions, under the conditions set by decree.

Article 17 Learn more about this article...


I. - The staff pension fund of the Régie autonome des transports parisiens manages two accounting sections relating to old age insurance and administrative management respectively. Each section is subject to separate accounting and is balanced.
It also provides a special follow-up to the accounting movements relating to exceptional and liberating contributions in the agreements concluded under articles L. 222-6, L. 225-1-2 and L. 922-1 of the Social Security Code.
II. - The credit union shall establish, for each fiscal year, a forecast statement of expenses and products of the sections relating to old age insurance and exceptional and liberating contributions. This statement is communicated to the Ministers responsible for social security, budget and transport by 1 June of each year.
III. - The Administrative Management Section outlines expenses and outputs related to operating expenses and capital allocations.

Article 18 Learn more about this article...


The pension fund of the staff of the Autonomous Régie des transports parisiens can conclude with the Caisse nationale d'assurance vieuxsse des travailleurs wages of the management agreements covering the exercise of all or part of the missions defined in the 3rd of Article 3 and the operation of the caisse. It may conclude with the Central Agency for Social Security Organizations of the management conventions relating to the exercise of the missions defined at the 5th of Article 3. These conventions include the conditions for the reimbursement to the National Pension Insurance Fund for Employees and to the Central Agency for Social Security for the costs of management induced for these organizations by their interventions.
These conventions are subject to the approval of ministers responsible for budget and social security.

Article 19 Learn more about this article...


The objective and management agreement between the ministers responsible for the budget, transport and social security and the pension fund of the staff of the Autonomous Régie des transports parisiens determines the multi-year management objectives, the operating means available to the caisse to achieve them and the actions carried out for these purposes by each of the signatories. It sets the budget allocation for the administrative management section.
It specifies:
1° Objectives related to the implementation of the legislative and regulatory provisions governing risk management, benefit service or recovery of contributions and social contributions;
2° Objectives related to improving the quality of service to users;
3° The rules for calculating and changing administrative management budgets.
This Convention includes the commitments of the crate measured by quantitative and qualitative indicators associated with the definition of objectives.
It also determines:
1° The terms and conditions for the conclusion of the amendments in the course of each agreement, in particular according to the laws of financing social security and the significant changes in the agency's workload related to the evolution of the legislative and regulatory framework of its action;
2° The conflicting assessment process for results achieved against the targets set.
The agreement is signed, on behalf of the caisse, by the chair of the board of directors and by the director, and concluded for a minimum period of three years.

Rule 20 Learn more about this article...


I. - The deliberations of the board of directors of the staff pension fund of the Autonomous Régie des transports parisiens are enforceable in full right if, after a month after their notification to the ministers responsible for the budget, transport and social security, one of them has not made known its opposition or if they have been notified before the expiry of this period of explicit approval. The opposition to the deliberations under the objective and management conventions referred to in Article 19 or to the deliberations on the cash management budget referred to in Article 9, 2 and 3, II, must be motivated.
The time limit provided for in the first paragraph is a clear deadline. When the first day of this period is a public holiday or a Saturday, the period will be limited to the first business day following the holiday or Saturday. In the event of a written request for further information or documents relating to the deliberations, the deadline is suspended until such information or documents are produced.
II. - In the event of an emergency, the ministers responsible for budget, transport and social security, notified simultaneously, may aim at deliberation for immediate execution. In this case, deliberation is enforceable as soon as it has collected the visa of each of them.

Article 21 Learn more about this article...


I. - In the event of a deficiency of the board of directors or director of the caisse, the Minister responsible for the budget or the Minister responsible for social security, at the expiry of a period of eight days after the finding of deficiency, may, in the place and place of the board of directors or the director, order the execution of an expenditure or the recovery of a recipe, where the expenditure or receipt is required under a statutory or regulatory provision,
II. - In the event of serious irregularities, mismanagement or deficiencies of the board of directors, a decree taken on the report of the ministers responsible for the budget, transport and social security may declare the dissolution of this council.
If there is an emergency, the board of directors may be temporarily suspended. The duration of the suspension cannot exceed two months.
In the event of dissolution or suspension of the board of directors, a provisional administrator shall be appointed by joint decree of the ministers responsible for the budget and social security.
When the board of directors has been dissolved, a new board shall be established within four months of dissolution.
If irregularities or mismanagement are attributable to one or more members of the board of directors, they may be revoked by a joint decree of the ministers responsible for the budget, transport and social security after the advice of the board.

Article 22 Learn more about this article...


The pension fund of the staff of the Autonomous Régie des transports parisiens is subject to the economic and financial control of the State under the conditions provided by the decree of 26 May 1955 amended. The State Controller of the caisse transmits its analyses, opinions and reports to ministers responsible for the economy, budget, transport and social security. The procedure for carrying out this control shall be determined by joint order of these Ministers.

Article 23 Learn more about this article...


At the 3rd of Article 6 and at the i of Article 8 of the decree of September 23, 1959 referred to above, the words "and the settlement of pensions" or "and the settlement of pensions" are deleted.

Article 24 Learn more about this article...


I. - The pension fund for the staff of the Paris Autonomous Transport Authority is established as of 1 January 2006. The missions provided for in Articles 2 and 3, with the exception of the 4th of this article, as well as the registration and delisting missions provided for in Article 4, shall be carried out on behalf of and on behalf of the caisse by the autonomous authority of Parisian transport until 31 March 2006. The director of the caisse is consulted on decisions taken by the board. The Autonomous Régie des transports parisiens retraces the corresponding transactions in a separate accounting and reports its mandate to the board of directors of the caisse. Upon a proposal by the director of the caisse, the Board of Directors of the caisse has the opportunity to extend the mandate of the autonomous transport authority by 30 June 2006.
II. - As a transitional measure and by derogation from the provisions of Article 5, II, until 31 December 2006, the incumbent and alternate members of the board of directors representing the affiliates are appointed, on the proposal of the trade union organizations serving on the settlement committees, by joint decree of the ministers responsible for the budget, transport and social security. For representatives of active affiliates, the distribution of seats is proportional to the results obtained by trade union organizations during the last election of staff representatives to the establishment committees according to the highest average rule, with a seat reserved for the executive category. For the representatives of retired affiliates, this distribution is proportional to the results obtained during the last election of the representatives of retired affiliates to the Board of Directors of the Social Insurance Coordination Fund of the PTR.
III. - By derogation from the provisions of 2° of Article 9, the provisions relating to the vote of the management budget before 1 January are not applicable for the year 2006.
The caisse adopts a management budget for the entire fiscal year by March 15, 2006. The budget is submitted for approval to ministers responsible for budget and social security within 15 days of its adoption and becomes enforceable from the explicit approval of these ministers. Until the date on which the budget becomes enforceable, administrative management expenditures are authorized without a management budget.

Rule 25 Learn more about this article...


The Minister of Economy, Finance and Industry, the Minister of Transport, Equipment, Tourism and the Sea and the Minister of Health and Solidarity are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 26, 2005.


Dominique de Villepin


By the Prime Minister:


Minister of Health and Solidarity,

Xavier Bertrand

Minister of Economy,

finance and industry,

Thierry Breton

Minister of Transport, Equipment,

tourism and the sea,

Dominica Perben


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