Decree Of 5 June 2008 Fixing The Date And Modalities Of The Elections Of The Representatives Elected To The Board Of Directors Of The National Fund Of Retirees Of Local Agents

Original Language Title: Arrêté du 5 juin 2008 fixant la date et les modalités des élections des représentants élus au conseil d'administration de la Caisse nationale de retraites des agents des collectivités locales

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
JORF n ° 0137 13 June 2008 page 9606 text no. 12 on June 5, 2008 order fixing the date and modalities of the elections of the representatives elected to the Board of Directors of the Caisse nationale of retirees of local communities NOR agents: IOCB0813675A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/6/5/IOCB0813675A/jo/texte Minister of the Interior, of the overseas and territorial collectivities , 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 civil service, the Secretary of State responsible for public service and the Secretary of State for the overseas, saw order No. 45-993 17 May 1945 concerning departments utilities the municipalities and their public institutions;
Having regard to Act No. 84-53 of 26 January 1984 as amended statutory provisions relating to the territorial public service.
Having regard to Act No. 86-33 January 9, 1986 amended statutory provisions relating to the public hospital service;
Considering Decree No. 2007-173, February 7, 2007 relative to the National Fund of retirees of local communities, including articles 9 and 10 officers, stop: Chapter I: common provisions Article 1 the elections of representatives elected to the Board of Directors of the National Fund of retirees of local communities (CNRACL) agents are organized in two simultaneous elections : ― the election of the representatives of communities registered in the CNRACL, divided into four colleges as defined in article 12;
― the election of representatives of the members of the CNRACL, divided into two colleges as defined in article 24.
Each college is the subject of a separate ballot.


Article 2 the CNRACL assumes the financial support of the elections.
The preparation, organization and conduct of the elections are provided by the Manager of the CNRACL, the Caisse des Dépôts et consignations.


Article 3 the elections took place in the multi-name lists in a round, exclusively by mail order, using the material to vote provided by the Manager for the polling and the counting automatic votes after reconciliation of the electoral lists.
The method signature and automatic recount of the votes in place must ensure the secrecy of the vote making it impossible to establish a link between the name of the elector and the expression of its vote.


Article 4 the closing date for the elections is set at Tuesday, December 2, 2008, 6 p.m..


Article 5 the lists of voters are set up by colleges by the Director general of the Caisse des Dépôts et consignations.
They are the subject of advertising in the manner laid down in articles 14 and 28.
They are communicated to the presidents of the polling stations.
No person shall be an elector in more than one college from the date at which the lists of electors are final.


Article 6 subject to the provisions of article 18 - II below, voting equipment includes: i. - for every colleges defined in articles 12 and 24: ― a cardboard sheet of A4 format comprising a T map to detach along the dotted lines.
On the front and on the back of the cardboard sheet are specified the mode of election and the voting procedure to be followed. At the front of the card T figure p.o. box where the vote is addressed. On the back of the card T include a randomly-generated code bars identifying the elector, as well as the location where the voter must place the self-adhesive label corresponding to the list of candidates of his choice;
― a sheet of self-adhesive labels with barcodes.
Each label corresponds to a list of candidates. Labels are presented in the order of receipt of applications. The list of candidates listed under each corresponding sticker as well as at the bottom of page, under the label to take off by the elector.
II. - for the fifth and sixth college as defined in article 24: ― a notebook of professions of faith of each organisation presenting a list of candidates, with annexed a summary list of the names of the candidates for each list.


Article 7 subject to the provisions of article 18 - II below, postal voting is carried out as follows: a) the elector takes off the self-adhesive label corresponding to the list of his choice and the place, in the direction indicated on the expected location map T therefor;
(b) the elector detaches card T;
(c) the elector post card T, without relieve it map T to reach before the closing of the poll.


Article 8 the polling and the counting of the votes by correspondence shall be under the following conditions: i. - from the day after the closing of the poll, automatic the polling and the counting of the votes shall be carried out.
As the treatment of T cards, lists of electors are initialled.
II. - Are declared void the carried out votes: ― using T card, label or any means other than those provided by the Manager;
Map ― T received without a label to vote or with several labels to vote;
― T card or label bearing a mention, a distinctive sign or modification;
― T card or label damaged preventing any computer processing.
T cards received after the date and time of closing of the poll are set apart untreated and without the name of the voters whom they emanate is endorsed on the lists of electors.


Article 9 a voting station is established for each of the two elections: polling of employers and polling station affiliates.
Their seat is fixed by the Manager.
Polling control polling and counting cards T operations.
Polling establish the minutes of the elections in two copies signed by all the members of the bureau and shall carry out without delay the proclamation of the results. They ensure the publicity of the results.
The Manager provides the secretariat for the polling stations.


Article 10 more on this article...

Electoral operations may be challenged before the administrative tribunal within a period of five days from the proclamation of the results.
The claims filed with the registry of the Administrative Court of Bordeaux, are reviewed and considered in the forms and time limits laid down by the electoral code for the municipal elections.


Article 11 after the elections, polling and counting operations votes are processed digitally by the Manager to obtain, according to the college, the appropriate information on the number of registered voters, the number of electors voting, the number of votes invalid, the number of votes cast, divided according to the following States: ― for the fifth college defined in article 24, the results by employer for territorial employers with at least fifty voters and for hospital employers with at least fifteen electors;
― the results by Department;
― the results by region;
― the results by type of employer (territorial or hospital);
― the results by legal nature of the employer (community or institution);
― national results.

Chapter II: The ELECTIONS of representatives of communities Article 12 in more on this article...

Communities represented on the Board of Directors of the CNRACL are local authorities and registered in the CNRACL establishments employing at least, principal, an agent affiliated with CNRACL four months before the date of closing of the poll, either no later than Friday, August 1, 2008.
I. - Communities are divided into four colleges: ― first college: the towns of 20,000 inhabitants and more at December 31, 2007 and their communal establishments, with the exception of those across the fourth college;
― second college: the municipalities of less than 20,000 inhabitants at December 31, 2007 and their communal establishments, with the exception of those across the fourth college;
― third college: departments, regions and their public institutions, with the exception of those distributed at the fourth college, public institutions of inter-communal, interdepartmental and interregional, cooperation with the exception of those distributed at the fourth college, and the national Centre of territorial public service;
― fourth college: institutions referred to in article 2 of the above-mentioned January 9, 1986 law, including institutions dependent on Public Assistance in Paris, as well as the school of advanced studies in public health.
II. - The distribution of seats between the four community colleges is thus performed: first college: 2 seats.
Second college: 2 seats.
Third college: 1 seat.
Fourth college: 3 seats.
III. - For each seat are elected a licensed representative and an alternate representative.


Article 13 any employer may vote only once and in a single college.
I. - The voters of the first college and the voters of the second college are the mayors of the communes and the Chairmen of the boards of Directors of public establishments respectively in these colleges.

II. - The third college voters are the presidents of regional councils, the presidents of the Councils, the presidents of the legislative bodies of the public institutions of inter-municipal cooperation and the Chairmen of the boards of Directors of other public institutions in this college.
III. - The fourth college voters are the boards of Directors of public establishments in this college.


Article 14 i. ― 100 days at least before the date fixed for the closing of the poll, voters in the first, second, third and fourth colleges are advised by the Manager of the elections and its conditions, as well as of their inscription on the lists of electors.
II. — each voter can verify its registration on the electoral roll and, where appropriate, apply to the Manager for registration or its cancellation of the lists of electors within five days of receipt of the notice.
The Director general of the Caisse des Dépôts et consignations to decide on applications within a period of five working days from their receipt.
Within a maximum period of three days from the date of receipt of the notification, an appeal against the decision may be brought before the judge of the administrative residence of an elector, who shall act as for municipal elections.
III. - The lists of electors are final the eighty-fifth day before the date of closing of the poll, on Monday, September 8, 2008.
They are available at the headquarters of the CNRACL.


Article 15 are eligible: i. - the first college and the second college, members of municipal councils and the boards of Directors of public establishments respectively across these colleges.
II. - In the third college, the members of regional councils, General Councils and boards of public institutions throughout the college.
III. - In the fourth college, members of the boards of Directors of public institutions throughout this college, excluding members designated boards of Directors as representatives of the staff.


Article 16. - The lists of candidates are established by college.
Each list includes a number of names triple that of incumbent representatives to be elected in each college.
Each list must be accompanied by a statement of candidacy of each candidate with his signature and its name, first names, date and place of birth, and quality.
II. - The lists of candidates are addressed to the Director general of the Caisse des Dépôts et consignations acknowledging receipt.
They must arrive no later than four months before the date of closing of the poll, either no later than Friday August 1, 2008, to the address indicated by the Manager.
No nomination may be received or modified after this date.
III. - The date of filing of the lists of candidates determines their order of presentation in the electoral documents comprising the voting equipment.


Article 17 voting equipment is sent to voters in the first, second, third and fourth colleges Manager seventy days at least before the date of closing of the poll.
Shipments are made to the administrative mailing address of electors.


Article 18 the voting modalities are as follows: i. - in the first, second and third colleges, the voter must vote for a list by placing a single vote label in the space provided on card T.
It bears no mention or no sign distinctive on the T card.
The elector may vote upon receipt of voting equipment.
It conforms to the Manager on the use instructions and mailing the T card.
II. - In the fourth college, from the receipt of voting equipment, every elector Board deliberates to choose three lists of candidates. He transcribed into meeting the outcome of its vote on the T card by placing three self-adhesive labels corresponding to the three lists of candidates of its choice and complementing the preprinted words "in governing the ' by date, followed by the signature of the president of the Council.
The deliberation of the Board of Directors must reach before the closing of the poll, either on Tuesday 2 December 2008 at the latest, at the address and under the conditions indicated by the Manager.
III. - Card T must reach polling before the closing of the poll, either Tuesday, December 2, 2008, 6 p.m. at the latest.


Article 19 polling of employers is composed of an inspector or an inspector general of administration, president, appointed by the Minister of the Interior, two representatives of the Director-general of local communities, two representatives of the Director of hospitalization and the Organization of care and a representative of the Director of social security.


Article 20 i. - Operations of polling and counting of votes take place from the day after the date of closing of the poll, either from Wednesday, December 3, 2008.
II. - Polling of employers is the control of polling and counting of votes by ensuring that they were strictly separated by college. Two members of the bureau at least must be present during these operations.
A representative from each of the lists of candidates for the elections of the first, second, third and fourth colleges can assist in the work of polling of employers.
III. - Polling of employers established the minutes of the election of the first, second, third and fourth colleges, enclosing the T maps declared null and void and cards T received after the closing of the poll. He proclaims the results of the elections.


Article 21 i. – The first and the second College community representatives are elected list by proportional representation. Polling station determines the electoral quotient by dividing the number of votes validly cast by the number of representative seats holds the first college and the second college to be filled. It is attributed to each list of candidates as many seats of incumbents that the number of votes cast for it contains both the electoral quotient. The remaining seats eventually to be filled are divided according to the highest-average rule.
II. - The representative of the third college communities was elected to majority voting. Holder seat goes to the candidate from the list having gathered the largest number of votes. At equality of votes obtained, the oldest candidate is declared elected.
III. - Representatives of the institutions of the fourth college are elected majority. Holders seats are allocated to candidates from the lists having gathered the largest number of votes. At equality of votes obtained, the oldest candidate is declared elected.


Article 22. - The incumbent representatives are appointed according to the order of presentation of the list on which they are elected.
Alternate representatives are appointed from among candidates from immediately following the elected candidates.
II. — when a candidate is elected in respect of several colleges, there's a period of fifteen days from the announcement of the results to make known to the Manager the college of his choice. Failing, after this period, the college where he was elected is fired randomly at the first meeting of the Board of Directors, before the election of the president.
III. - If unable to attend final of the holder, the alternate, which becomes licensee, is replaced by the following alternate on the list.
In the event of definitive impediment of all members of a list of representatives of the fourth college, they are replaced by members of the following list in the order of the votes obtained.


Article 23 each list of candidates participating in the elections of the representatives of the employers may apply to the Manager all or part of the information mentioned in article 11 pertaining to the presentation of the list college.

Chapter III: The ELECTIONS of representatives of affiliates Article 24 representatives of members to the Board of Directors of the CNRACL are elected by staff in active and retired personnel affiliated to this scheme.
I. - Affiliates are divided into two colleges: Fifth college: personal activity.
Sixth college: personal retreat.
II. - The distribution of seats between the two colleges of affiliates is thus performed: Fifth college: six seats.
Sixth college: two seats.
III. - For each seat are elected a licensed representative and an alternate representative.


Article 25 elections are held by college, list to a turn of proportional representation, the highest average, without dithering or preferential voting.
Any affiliate can vote only once and in a single college.


Article 26 i. - Are voters in the fifth college probationary officials and staff members affiliated with the CNRACL at the date of publication of this order, regardless of their statutory position.
Officials in activity of a survivor of the CNRACL's pension are voters in the fifth college.
Officials in activity at the date of publication of this stopped, and then removed from the frames after that date, are voters in the fifth college.

II. - Are voters in the sixth college, subject to the provisions of the above, the owners, the date of publication of this order, a widower or widow of the CNRACL widow's pension or a personal pension, acquired in respect of old age or disability.


Article 27 the electoral lists are established as follows: i. - the lists of electors of the fifth and sixth colleges contain for each elector: ― its number of inscription on the list of electors;
― his patronymic name followed, where appropriate, the marital name or the name of use as well as the name (s);
― the number of affiliate for the fifth college to superannuation for the sixth college number.
Voters are listed in alphabetical order of surname. Registration on the electoral list number is a sequential number generated randomly for each college.
II. - For the fifth college, partial electoral lists are developed by Manager to enable each community or institution employer to post the list of members attached to him. Employers may submit to the Manager of applications for the inclusion of agents falling under their authority or for the cancellation of agents no longer covered by their authority.
Affiliates in jobs in many communities are inscribed on the list of the community for which they perform the greatest number of hours of work or, in case of duration of work equal on the list of the community where the recruitment is the oldest.
III. - For the sixth college, partial electoral lists are developed by the Manager to enable display by the mayors of the municipalities concerned from the list of retirees living there.


Article 28 the electoral advertising is carried out as follows: i.-seventy days at least before the date of closing of the poll, the fifth college electors are advised by the community or the institution employer, on the basis of documents transmitted by the Manager, the elections and their conditions as well as of the filing of the partial electoral list, extracted from the global list in accordance with article 27 II above.
The partial list of electors and the voting requirements are displayed in the workplace.
Employer businesses and communities are responsible to inform affiliates in position of detachment, as well as those places in a statutory position not allowing them to go to their place of work for a long time.
II. —-70 days at least before the date of closing of the poll, the voters of the sixth college are advised by the City Hall of their place of residence on the basis of documents transmitted by the Manager, the elections and their conditions as well as of the filing of the partial list of electors extracted from the global list in accordance with article 27 above III.
The partial list of electors and the voting requirements are displayed in the premises of the Town Hall of residence.
By way of derogation from the provisions above, voters in the sixth college resident outside metropolitan France and overseas departments are advised individually by the Manager.


Article 29 i. - Each voter can verify its inclusion on the lists of electors and, if applicable, submit an application for its registration to the Manager or a cancellation of the lists of electors before the sixtieth day before the date of closing of the poll, is Thursday, October 2, 2008 at the latest.
II. - The Director general of the Caisse des Dépôts et consignations decides on applications within a period of five working days from their receipt. Within a maximum period of three days from the date of receipt of the notification, an appeal against the decision may be brought before the judge of the administrative of the official residence or the trial judge of the domicile of the retreat, that statue as in municipal elections.
III. - The lists of electors are final the fiftieth day before the date of closing of the poll, Monday, October 13, 2008.
They are available at the headquarters of the CNRACL.


Article 30 are eligible: i. - the fifth college, probationer officials and staff members affiliated with the CNRACL at the date of publication of this order, regardless of their statutory position.
Officials in activity of a survivor of the CNRACL's pension are eligible in the fifth college.
II. - In the sixth college, licensees to the date of publication of this order to a personal pension or a widower or widow of the CNRACL widow's pension, acquired under the old-age or disability.
Civil servants retired after the date of publication of this order are eligible in the sixth college.


Article 31 i. - The lists of candidates are established by college.
Each list includes a number of names triple that of incumbent representatives to be elected in each college.
Each list must be accompanied by a statement of candidacy of each candidate with his signature and his name, forenames, date and place of birth. No person shall be a candidate on several lists.
II. — lists of candidates are addressed to the Director general of the Caisse des Dépôts et consignations acknowledging receipt. They must be received no later than four clear months before the date of closing of the poll, either no later than Friday August 1, 2008, to the address indicated by the Manager. No list can be received or modified after this date.
III. - The date of receipt of the lists of candidates determines their order of presentation in the electoral documents comprising the voting equipment.


Article 32 the electoral campaign material features for each of the lists of candidates a profession of faith on a sheet of format 210 × 297 mm and a poster of format 297 × 420 mm for propaganda and the announcement of meetings.
Manager address at the headquarters of each list of candidates 50 000 professions of faith and 50 000 posters on it. Broadcast spending advanced by each list are reimbursed on the basis of three hundred different addresses and on presentation of an invoice.
Fulfillment of election campaign material, the original of the profession of faith and the poster of each list template is transmitted at the place and within the timeframe set by the Director general of the Caisse des Dépôts et consignations.


Article 33 equipment containing professions of faith is sent by the Manager of the fifth and sixth college voters thirty clear days at least before the date of closing of the poll.
Shipments are made to personal mailing address of electors.
However, for the voters of the fifth college whose address is not known of the Manager at the time limit for filing of lists of candidates, either Friday, August 1, 2008, may be sent to the employer, dependant to submit it to the staff member concerned. It is same for consignments having a return on the part of the postal Distributor.


Article 34 the voter must vote for a list by placing a single vote label in the space provided on card T. It bears no mention or no sign distinctive on the T card.
The elector may vote upon receipt of voting equipment.
It conforms to the Manager on the use instructions and mailing the T card.
Card T must reach polling before the closing of the poll, either Tuesday, December 2, 2008, 6 p.m. at the latest.


Article 35 polling of affiliates consists of an inspector or an inspector general of administration, president, appointed by the Minister of the Interior, two representatives of the Director-general of local communities and two representatives of the Director of hospitalization and the Organization of care.


Article 36 i. - Operations of polling and counting of votes take place from the day following the date of closing of the poll referred to in article 4, or from Wednesday, December 3, 2008.
II. - The Office of affiliates vote carries out the control of polling and counting of votes by rigorously separating operations concerning the fifth and sixth colleges.
Two members of the bureau at least must be present during these operations.
A representative from each of the lists of candidates may attend the work of the polling station.
III. - Polling sets the minutes of the election of the fifth and sixth colleges by adding T declared null and T cards received after the closing of the poll. He proclaims the results of the elections.


Article 37. - The vote office determines the electoral quotient by dividing the number of votes validly expressed by the number of seats of representatives affiliates to be filled.
II. - It is attributed to each list of candidates as many seats of incumbents that the number of votes cast for it contains both the electoral quotient. The remaining seats eventually to be filled are divided according to the highest-average rule.
The incumbent representatives are appointed according to the order of presentation of the list on which they are elected.
Alternate representatives are appointed from among candidates from immediately following the elected candidates.
If unable to attend final of holder, the substitute who becomes licensee, is replaced by the following alternate on the list.


Article 38

Each list of candidates for the election of the representatives of the affiliates may apply to the Manager all or part of the information mentioned in article 11 relating to the presentation of the list college.

Chapter IV: Provisions Article 39 in the finals read more of this article...

Are repealed the orders of 6 June 2001 establishing: ― the election procedures to the Board of Directors of the National Fund of retirees of local representatives of the affiliates agents;
― the procedures for voting by correspondence for election to the Board of Directors of the National Fund of retirees of local representatives of the affiliates agents;
― the modalities for the election of the members of the Board of Directors of the National Fund of retirees of local agents representing local and regional authorities and institutions mentioned in article 2 of Act No. 86-33 January 9, 1986 on the statutory provisions on the public hospital service;
― the voting procedures for the election to the Board of Directors of the National Fund of retirees of local communities to representatives of local and regional authorities officers and institutions mentioned in article 2 of Act No. 86-33 of 9 January 1986 on the statutory provisions on the public hospital service.


Article 40 Executive Director of local communities, the Director of hospitalization and the Organization of care, the Director of social security and the Director-general of the Caisse des Dépôts et consignations are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.

Done at Paris, on June 5, 2008.
The Minister of the Interior, of the overseas and local authorities, for the Minister and by delegation: Executive Director of local communities, E. Brahmam, the Minister of labour, social relations, family and solidarity, for the Minister and by delegation: the civil administrator responsible for pensions and supplementary social protection institutions, branch F. Le Morvan Health Minister Youth, sports and associative life, for the Minister and by delegation: the hospital and the Organization of care Director, A. Pramod the Minister of budget, public accounts and public service, for the Minister and by delegation: by incapacity of the Director of the budget: Deputy Director, F. Carayon, Secretary of State responsible for the public service For the Secretary of State and delegation: by incapacity of the Director-general of the administration and the public service: Deputy Director to the Director general, F. Aladjidi the Secretary of State in charge of the overseas, for the Secretary of State and delegation: Director of political, administrative and financial affairs of overseas, has. Cho

Related Laws