Key Benefits:
The Prime Minister,
On the report of the Minister of Health, Youth and Sports,
Vu le Public Health Code ;
Considering the code of social action and families;
Vu la Act No. 83-634 of 13 July 1983 amended to ensure the rights and obligations of civil servants;
Vu la Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2002-341 of 12 March 2002 amending Decree No. 96-92 of 31 January 1996 amending certain provisions relating to the new indiciary bonus and assigning the new indiciary bonus to certain hospital public service personnel;
Vu le Decree No. 2005-920 of 2 August 2005 Amended provisions relating to the direction of certain establishments referred to inArticle 2 of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2007-704 of 4 May 2007 relating to the organization and operation of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service and amending the Public Health Code (regulatory provisions);
Vu le Decree No. 2007-1930 of 26 December 2007 bearing special status of the body of directors of health, social and mediocial institutions of the hospital public service,
Decrete:
In the establishments mentioned to theArticle 2 of the Act of 9 January 1986 referred to above, management personnel governed by the Decree of 26 December 2007 receive compensation under the conditions set out in the following articles, which includes:
1° A function bonus;
2° A common management allowance;
3° An interim allowance.
These management staff may also receive the specific hardship allowance established by the Decree No. 2005-932 of 2 August 2005 relating to the compensation scheme of the management staff of the establishments referred to in section 2 (1°, 2° and 3°) of Act No. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, when they perform their duties in public health institutions referred to in section 5 of this decree relating to the compensation scheme of management personnel of institutions under section 2 (1° and 7°) of the Act of 9 January 1986 referred to above.
The function allowance established in the preceding article is composed of a fixed and variable portion, the amounts of which are fixed according to the class or employment held by the recipient and the duties performed.
The variable share is modulated to take into account, inter alia, the nature of the functions performed, how to serve and the results obtained by management staff. It is fixed at the end of the evaluation.
For management staff in an assignment search situation, the variable portion of the function premium is reduced for the second year.
The amount of individual responsibilities on the variable portion shall not exceed the maximum amount provided for in the class or employment to which management personnel belong.
The amount of individual assignments on the variable part of the function premium is determined:
1° By the prefect of the department for executive directors;
2° By the Director of the regional hospitalization agency for the directors of the institutions listed in the list provided for in thearticle 1 of the decree of 26 December 2007 referred to above and for executive directors in the common directions with at least one institution under section 2 (1° and 7°) of the Act of 9 January 1986 referred to above ;
3° By the Director of Institution or the Secretary General of the Interhospital Union for Deputy Directors;
4° By the Director General of the National Centre for the Management of Hospital Practitioners and Hospitaller Public Service Executives for managers in a position of assignment research.
The directors receive the common management allowance established in section 1 when they provide one or more common directions, in accordance with provisions of Article 30 of the Decree of 26 December 2007 referred to above.
This allowance is monthly.
Within the framework of provisions of Article 6 of the Decree of 2 August 2005 referred to abovein the event of the absence of a period of more than thirty consecutive calendar days or in the event of a vacancy of the establishment manager, the director responsible for replacing the establishment manager shall receive the interim allowance established in section 1.
The amounts and terms and conditions for the award of the service allowance, the common management allowance and the interim allowance shall be determined by joint order of the ministers responsible for health, budget and public service.
The compensation scheme of directors of health, social and medico-social establishments is exclusive of any other allowance or allowance, with the exception of those provided in the framework, on the one hand, of 2nd paragraph of Article 77 of the Act of 9 January 1986 referred to above and, on the other hand, section 3 of the March 20, 1981 Order relating to the award of compensation to certain personnel under Book IX of the Public Health Code.
Common management and interim benefits are paid monthly.
Subject to an internal decision to the establishments referred to in section 1, the fixed share of the function allowance shall be paid monthly.
The variable portion of the function allowance shall be paid in one time at the latest at the end of the first semester of the calendar year following that corresponding to the service done by management staff.
In the event of death of a senior management, the compensation plan is payable within a maximum period of six months after the death.
The provisions of Decree of 12 March 2002 are maintained in force as long as the eligibility requirements are met.
The Decree No. 2002-344 of 12 March 2002 establishing a liability allowance for the body of health and social institution directors of the hospital public service and the Decree No. 2002-345 of 12 March 2002a liability allowance for the body of directors of social and psychosocial institutions of the hospital public service are repealed.
The Minister of Labour, Social Relations and Solidarity, the Minister of Health, Youth and Sports, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for Solidarity and the Secretary of State for the Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic and whose provisions will be applicable as of January 1, 2008.
Done in Paris, December 26, 2007.
François Fillon
By the Prime Minister:
The Minister of Health,
youth and sports,
Roselyne Bachelot-Narquin
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
in charge of solidarity,
Valérie Létard
Secretary of State
Public Service,
André Santini
