Key Benefits:
The Minister of Interior, Overseas and Territorial Communities, the Minister of Labour, Social Relations, Family and Solidarity, the Minister of Health, Youth, Sports and Associative Life, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for Public Service and the Secretary of State for Overseas,
See?Order No. 45-993 of 17 May 1945 relating to the public services of departments, municipalities and their public institutions;
Vu la Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service;
Vu la Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2007-173 of 7 February 2007 the National Pension Fund for Local Government Officers, including sections 9 and 10,
Stop:
The elections of elected representatives to the Board of Directors of the National Pension Fund for Local Government Officers (CNRACL) are held in two simultaneous electoral operations:
the election of representatives of the communities registered at the CNRACL, subdivided into four colleges defined in section 12;
― the election of representatives of CNRACL affiliates, subdivided into two colleges defined in section 24.
Each college is subject to a separate vote.
The CNRACL assumes financial support for the elections.
The preparation, organization and conduct of the elections are provided by the manager of the CNRACL, the Caisse des dépôts et consignations.
The elections take place by the list vote in one turn, exclusively by correspondence, by means of the voting material provided by the manager allowing the automatic demarcation and counting of votes after reconciliation of the electoral lists data.
The automatic voting start-up and counting process must ensure the secret of the vote making it impossible to establish a link between the name of the elector and the expression of his vote.
The closing date of the elections is Tuesday, 2 December 2008, at 6 p.m.
The lists of electors are drawn up by colleges by the Director General of the Caisse des dépôts et consignations.
They are advertised under the terms and conditions set out in sections 14 and 28.
They are communicated to the chairs of the polling stations.
No one can be an elector in more than one college from the date the electoral lists are final.
Subject to the provisions of Article 18-II below, voting equipment shall include:
I. - For all colleges defined in articles 12 and 24:
– a cardboard A4 format with a T card to be detached according to the dotted.
On the front and back of the cardboard record are specified the method of election and the voting procedure to be followed. At the front of the T card is the posting box where the vote is sent. At the back of the T card are a bar code, randomly generated, identifying the elector, as well as the location where the elector must place the self-adhesive label corresponding to the list of candidates of his choice;
– a self-adhesive label board with barcodes.
Each label corresponds to a list of candidates. Labels are presented in the order of receipt of applications. The name of the list of candidates is given for each corresponding self-adhesive label and at the bottom of the page, under the label to be taken by the elector.
II. - For the fifth and sixth college defined in Article 24:
― a notebook of the professions of faith of each organization presenting a list of candidates, with a summary list of the names of the candidates for each list presented.
Subject to the provisions of Article 18-II below, the vote shall be taken in the following manner:
(a) The elector takes off the self-adhesive label corresponding to the list of its choice and the place, in the direction indicated, on the location for this effect of the T card;
(b) The elector detaches the T card;
(c) The elector posts the T card, without defrauding it, the T card to be reached before the voting closes.
The demarcation and counting of the votes by correspondence are carried out under the following conditions:
I. - From the day after the voting closes, the automatic starting and counting of votes is done.
As the T-cards are processed, the electoral lists are demarcated.
II. - Are declared null the votes made:
- by means of T card, label or any other means other than those provided by the manager;
– T-card reached without a vote label or with several voting labels;
- a T card or label bearing a mention, a distinguishing sign or an amendment;
– T card or deteriorated label preventing any computer processing.
The T cards reached after the date and closing time of the election are set aside without being processed and without the name of the electors whose names they emanate from being demarcated on the lists of electors.
A polling station is established for each of the two elections: the employer polling station and the affiliate voting office.
Their seat is fixed by the manager.
The polling stations control the T-card start and count operations.
The polling stations shall prepare the minutes of the elections in two copies signed by all officers and shall proceed without delay to the proclamation of the results. They advertise the results.
The manager provides the voting office secretariat.
Electoral transactions may be contested before the administrative tribunal within five days of the proclamation of the results.
Claims filed with the Registry of the Administrative Court of Bordeaux are reviewed and judged in the forms and deadlines provided for by the Electoral code for municipal elections.
After the elections, voting start and count operations are processed computerly by the manager in order to obtain, according to the college, the appropriate information on the number of registered electors, the number of voting electors, the number of null votes, the number of votes cast, divided according to the following statements:
- for the fifth college defined in section 24, results by employer for territorial employers with at least fifty registered electors and for hospital employers with at least fifteen registered electors;
- results by department;
- results by region;
– results by type of employer (territorial or hospital);
the results by legal nature of the employer (collectivity or institution);
– national results.
The communities represented on the Board of Directors of the CNRACL are the territorial authorities and institutions registered at the CNRACL that employ at least, as a principal, an officer affiliated to the CNRACL four months before the polling closing date, no later than Friday, August 1, 2008.
I. - Communities are divided into four colleges:
– First College: the municipalities of 20,000 inhabitants and more as of December 31, 2007 and their communal public institutions, with the exception of those in the fourth college;
– Second College: municipalities of less than 20,000 inhabitants as at December 31, 2007 and their communal public institutions, with the exception of those in the fourth college;
third college: departments, regions and their public institutions, with the exception of those in the fourth college, public institutions of intercommunal, interdepartmental or interregional cooperation, with the exception of those in the fourth college, and the National Centre for Territorial Public Service;
– Fourth College: the establishments mentioned at theArticle 2 of the Act of 9 January 1986 referred to above, including institutions dependent on the Public Assistance in Paris, as well as the School of High Studies in Public Health.
II. - The distribution of seats between the four community colleges is as follows:
First College: 2 seats.
Second college: 2 seats.
Third college: 1 seat.
Fourth college: 3 seats.
III. - Each seat shall be elected a full representative and an alternate representative.
Every employer can only vote once and in a single college.
I. - The electors of the first college and the electors of the second college are the mayors of the communes and the presidents of the boards of public establishments distributed respectively in these colleges.
II. - The electors of the third college are the presidents of the regional councils, the presidents of the general councils, the chairs of the legislative bodies of the public intercommunal cooperation institutions and the chairs of the boards of the other public institutions distributed in this college.
III. - The electors of the fourth college are the boards of directors of public institutions distributed in this college.
I. ― At least one hundred days before the date for the close of the ballot, electors of the first, second, third and fourth colleges are notified by the electoral manager and his conditions, as well as their registration on the electoral lists.
II. ― Each elector may verify his/her registration on the electoral lists and, where applicable, submit an application to the manager for registration or cancellation of the electoral lists within five days of receiving the notice.
The Director General of the Caisse des dépôts et consignations shall decide on applications within five working days of receipt.
Within a maximum period of three days after the date of receipt of the notification, an appeal against the decision may be filed before the judge of the administrative residence of the elector, who decides as in the matter of municipal elections.
III. - The lists of electors are final on the eighty-fifth day before the closing date of the ballot, Monday, 8 September 2008.
They are available at CNRACL headquarters.
Eligible:
I. - In the first college and in the second college, members of the municipal councils and boards of public institutions, respectively, in these colleges.
II. - In the third college, members of the regional councils, general councils and councils of public institutions in this college.
III. - In the fourth college, members of the boards of public establishments in this college, excluding members of the boards of directors designated as representatives of staff.
I. - Lists of candidates are established by college.
Each list includes a threefold number of names of the incumbent representatives to be elected in each college.
Each list must be accompanied by a declaration of nomination of each candidate with its signature and name, first names, date and place of birth, and quality.
II. - Lists of candidates are addressed to the Director General of the Caisse des dépôts et consignations who acknowledge receipt.
They must reach the address indicated by the manager no later than four months before the closing date of the vote, no later than Friday, August 1, 2008.
No application may be received or amended after that date.
III. - The date of filing of the lists of candidates determines their order of presentation in the electoral documents composing the voting material.
The voting material shall be sent to the electors of the first, second, third and fourth colleges by the manager at least seventy frank days before the closing date of the ballot.
Shipments are made to the administrative mailing address of electors.
The voting procedure is as follows:
I. - In the first, the second and third colleges, the elector votes for a list by placing a single vote label at the planned location on Map T.
There is no mention or any distinguishing sign on the T card.
The elector may vote upon receipt of the voting material.
It complies with the manager's instructions on the use and sending of the T card.
II. - In the fourth college, starting with the receipt of the voting material, each elector's board delibrates to select three lists of candidates. He transcribed in session the result of his vote on Map T by placing the three self-adhesive labels corresponding to the three lists of candidates of his choice and by completing the pre-printed statement "made on board of directors" by the date, followed by the signature of the chairman of the board.
The deliberation of the board of directors must be completed before the close of the ballot, no later than Tuesday, December 2, 2008, at the address and under the conditions specified by the manager.
III. - Map T is to be sent to the polling station prior to the close of the poll, on Tuesday, 2 December 2008, at no later than 6 p.m.
The Employers' Voting Office is composed of an inspector or an inspector general of the administration, who is appointed by the Minister responsible for the Interior, two representatives of the Director General of local authorities, two representatives of the Director of Hospitalization and Care Organization and a representative of the Director of Social Security.
I. - Voting and counting operations take place from the day after the election closing date, starting Wednesday, December 3, 2008.
II. - The employer's polling office conducts the control of the voting and counting operations by ensuring that they are strictly separated by college. At least two officers must be present during these operations.
A representative of each of the lists of candidates for the elections of the first, second, third and fourth colleges may attend the work of the employer voting office.
III. - The Employers' Voting Office shall prepare the minutes of the elections of the first, second, third and fourth colleges, by approving the invalid T-Cards and T-Cards received after the voting closes. He proclaims the results of the elections.
I. - Representatives of the communities of the first and the second colleges shall be elected by a list of proportional representation. The polling station determines the electoral quota by dividing the number of valid votes cast by the number of incumbent seats of the first college and the second college to be filled. It is assigned to each list of candidates as many seats as the number of votes collected by it contains the electoral quota. The remaining seats are allocated according to the highest average rule.
II. - The representative of the communities of the third college is elected by majority vote. The incumbent seat is assigned to the candidate of the list who has won the largest number of votes. On equal terms, the oldest candidate is declared elected.
III. - The representatives of the fourth college are elected by majority vote. The seats of the holders are allocated to the candidates of the lists that have won the largest number of votes. On equal terms, the oldest candidate is declared elected.
I. - The incumbent representatives are designated according to the order of presentation of the list on which they are elected.
Alternate representatives shall be appointed from the candidates immediately following the nominations of the elected candidates.
II. ― When a candidate is elected under several colleges, he or she has a fifteen-day time limit from the proclamation of the results to make the manager know the college of his or her choice. In the absence of this deadline, the college in which he is elected is drawn by lot at the first meeting of the board of directors, before the election of the president.
III. - In the event of a final impairment of the licensee, the alternate, who becomes a holder, is replaced by the next alternate on the list.
In the event that all members of a list of representatives of the fourth college are permanently prevented, they are replaced by members of the following list in the order of votes obtained.
Each list of candidates who participated in the elections of the representatives of employers may request the manager all or part of the information referred to in Article 11 relating to the presentation college of the list.
Representatives of members of the Board of Directors of the CNRACL are elected by active staff and retired staff members affiliated to the plan.
I. - Affiliates are divided into two colleges:
Fifth College: active staff.
Sixth College: retired staff.
II. - The distribution of seats between the two affiliate colleges is as follows:
Fifth College: six seats.
Sixth college: two seats.
III. - Each seat shall be elected a full representative and an alternate representative.
The elections are held by college, by a ballot, by proportional representation, to the highest average, without bandaching or preferential vote.
Any affiliate can only vote once and in a single college.
I. - Voters in the fifth College shall be the interns and incumbent civil servants affiliated to the CNRACL on the date of publication of this Order, irrespective of their statutory position.
Public servants who hold a CNRACL reversion pension are electors in the fifth college.
Staff members working on the date of publication of this Order and then removed from executives after that date are electors in the fifth College.
II. - Electors in the sixth college, subject to the provisions of I above, the holders, on the date of publication of this order, of a personal pension or a widow's or widow's reversion pension from the CNRACL, acquired under old age or disability.
The electoral lists are as follows:
I. - The electoral lists of the fifth and sixth colleges contain for each elector:
- its registration number on the electoral list;
- its patronymic name, if any, followed by the marital name or the name(s) and the name(s);
– the affiliate number for the fifth college and the pension number for the sixth college.
The electors are listed in the alphabetical order of the patronymic name. The voter registration number is a randomly generated sequential number for each college.
II. - For the fifth college, partial lists of electors are developed by the manager to allow each community or employer institution to display the list of affiliates attached to it. Employers may submit requests to the manager for the registration of agents under their authority or for the removal of agents no longer under their authority.
Affiliates occupying jobs in several communities are listed on the community list for which they complete the largest number of hours of work or, in the case of equal work, on the community list where recruitment is the oldest.
III. - For the sixth college, partial lists of electors are developed by the manager to allow the mayors to display the list of pensioners residing there.
Advertising of electoral lists is as follows:
I. - Seventy days at least before the closing date of the poll, electors of the fifth college shall be notified by the community or employer institution, on the basis of documents transmitted by the manager, of the elections and their terms and of the filing of the by-election list, extracted from the overall list in accordance with section 27, II above.
The by-election list and voting conditions are posted at the workplace.
Employer communities and institutions are responsible for informing affiliates in the detachment position, as well as those placed in a statutory position that does not allow them to travel to their place of work on an extended basis.
II. ―- Seventy days before the closing date of the ballot, the electors of the sixth college shall be notified by the mayor of their place of residence, on the basis of the documents transmitted by the manager, of the elections and of their terms and of the filing of the by-election list, extracted from the overall list in accordance with Article 27 III above.
The by-election list and voting conditions are posted on the premises of the city hall.
By derogation from the above provisions, electors of the sixth college residing outside the metropolis and overseas departments are notified individually by the manager.
I. - Each elector may verify his or her registration on the electoral lists and, if necessary, submit a request to the manager for registration or delisting of the electoral lists before the sixtieth day before the date of the ballot, i.e. on Thursday, October 2, 2008 at the latest.
II. - The Director General of the Caisse des dépôts et consignations shall decide on the applications within five working days of their receipt. Within a maximum period of three days after the date of receipt of the notice, an appeal against the decision may be filed before the judge of the administrative residence of the grievor or before the judge of the instance of the domicile of the retiree, who decides as in the matter of municipal elections.
III. - The lists of electors are final on the fiftieth day before the closing date of the ballot, Monday, 13 October 2008.
They are available at CNRACL headquarters.
Eligible:
I. - In the fifth College, interns and incumbent CNRACL staff members on the date of publication of this Order, regardless of their statutory position.
Employees who hold a CNRACL reversion pension are eligible in the fifth college.
II. - In the sixth college, the holders on the date of publication of this Order of a personal pension or a widower or widower pension of the CNRACL, acquired in respect of old age or disability.
Retired staff members after the date of publication of this Order shall be eligible in the sixth College.
I. - Lists of candidates are established by college.
Each list includes a threefold number of names of the incumbent representatives to be elected in each college.
Each list must be accompanied by a declaration of nomination of each candidate with its signature and name, first names, date and place of birth. No one can be a candidate on several lists.
II. ― Lists of candidates are addressed to the Director General of the Caisse des dépôts et consignations, who acknowledges their receipt. They must reach the address indicated by the manager no later than four free months before the closing date of the vote, no later than Friday, 1 August 2008. No list may be received or modified after that date.
III. - The date of receipt of the lists of candidates determines their order of presentation in the electoral documents composing the voting material.
The electoral campaign material includes for each of the lists of candidates a profession of faith on a 210 × 297 mm format sheet and a 297 × 420 mm format poster for the propaganda and announcement of meetings.
The manager addresses at the head office of each list of candidates 50,000 professions of faith and 50,000 posters concerning it. The broadcast expenses made by each list are refunded on the basis of three hundred different addresses and on the presentation of an invoice.
For the purpose of carrying out electoral campaign equipment, the original of the profession of faith and the poster model of each list is transmitted to the place and within the time frames set by the Director General of the Caisse des dépôts et consignations.
The voting material comprising the professions of faith shall be sent by the manager to the electors of the fifth and sixth college at least thirty frank days before the closing date of the ballot.
Shipments are made to the personal mailing address of electors.
However, for electors of the fifth college whose postal address is not known to the manager on the deadline for filing the lists of candidates, Friday, August 1, 2008, the mailing may be sent to the employer, in charge of the employer to hand it over to the agent concerned. The same applies to shipments that have been returned from the postal distributor.
The elector votes for a list by placing a single vote label at the location on Map T. There is no mention or any distinguishing sign on Card T.
The elector may vote upon receipt of the voting material.
It complies with the manager's instructions on the use and sending of the T card.
Map T is to be sent to the polling station prior to the close of the poll, on Tuesday, 2 December 2008, at no later than 6 p.m.
The Affiliates' voting office is composed of an inspector or inspector general of the administration, who is appointed by the Minister responsible for the Interior, two representatives of the Director General of local authorities and two representatives of the Director of Hospitalization and Care Organization.
I. - Voting and counting operations take place on or after the day after the polling date set out in section 4, starting Wednesday, December 3, 2008.
II. - The Affiliates' voting office conducts the control of the voting scoring and counting operations by rigorously separating operations for the fifth College and the sixth College.
At least two officers must be present during these operations.
A representative of each of the lists of candidates may attend the work of the polling station.
III. - The polling station shall prepare the minutes of the elections of the fifth and sixth colleges by approving the T-cards declared null and T-cards received after the voting closes. He proclaims the results of the elections.
I. - The polling station determines the electoral quota by dividing the number of valid votes cast by the number of seats of representatives holding affiliates to be filled.
II. - It is assigned to each list of candidates as many seats as the number of votes collected by it contains the electoral quota. The remaining seats are allocated according to the highest average rule.
The incumbent representatives are designated according to the order of presentation of the list on which they are elected.
Alternate representatives shall be appointed from the candidates immediately following the nominations of the elected candidates.
In the event of a final impairment of the licensee, the alternate who becomes a licensee shall be replaced by the next alternate on the list.
Each list of candidates for the election of representatives of affiliates may request the manager all or part of the information referred to in Article 11 relating to the College of Submission of the list.
Orders of 6 June 2001 setting out:
― the terms and conditions of election to the Board of Directors of the National Pension Fund for Local Government Officers of Affiliates Representatives;
― the terms and conditions of the correspondence vote for the election to the Board of Directors of the National Pension Fund of local government officials of affiliate representatives;
― the terms and conditions for the election of members of the Board of Directors of the National Pension Fund of local government officials representing the territorial authorities and the institutions mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
― the terms of the vote for the election to the Board of Directors of the National Pension Fund of local government officials of the representatives of the local authorities and the institutions mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service.
The Director General of Local Authorities, the Director of Hospitalization and Care Organization, the Director of Social Security and the Director General of the Caisse des Dépôts et consignations are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, June 5, 2008.
The Minister of the Interior,
the overseas and territorial authorities,
For the Minister and by delegation:
The Director General of Local Government,
E. Jossa
Minister of Labour, Social Relations,
of the family and solidarity,
For the Minister and by delegation:
The civil administrator,
Sub-direction
and institutions
of supplementary social protection,
F. The Morvan
The Minister of Health,
youth, sports
and associative life,
For the Minister and by delegation:
The Director of Hospitalization
and the organization of care,
A. Scent
Minister of Budget, Public Accounts
and the Public Service,
For the Minister and by delegation:
By preventing the Budget Director from:
Deputy Director,
F. Carayon
Secretary of State
Public Service,
For the Secretary of State and by delegation:
By preventing the Director General
Administration and Public Service:
The Director
Deputy Director General
F. Aladjidi
Secretary of State
loaded with the overseas,
For the Secretary of State and by delegation:
The Director of Political Affairs,
administrative and financial services of the overseas,
A. Colrat
