Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment and the High Commissioner for Active Solidarity against Poverty,
Considering the code of social action and families;
Considering the social security code;
Considering the labour code;
Vu la Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies, including its article 28 ;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 9 December 2008;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 16 December 2008;
Considering the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 7 January 2009,
Decrete:
The National Fund for Active SolidarityArticle L. 262-24 of the Code of Social Action and Families in its drafting from the above-mentioned Act of 1 December 2008 is administered by a management board assisted by a secretariat under the authority of the Minister for Social Action.
The Caisse des dépôts et consignations is responsible for the administrative, accounting and financial management of the National Fund for Active Solidarity under the conditions established by a memorandum of understanding between the President of the Management Board and the Director General of the Caisse des dépôts et consignations, approved by the Management Board.
The Management Board of the National Active Solidarity Fund is composed of:
1° A President, appointed by order of the Minister for Social Action;
Two other representatives of the Minister for Social Action;
2° a representative of the minister responsible for the budget;
3° A representative of the Minister for Social Security;
4° a representative of the Minister responsible for employment;
5° A representative of the Minister for Agriculture;
6° a representative of the Minister for Territorial Communities;
7° The Director General of the Caisse des dépôts et consignations;
8° The President of the Board of Directors of the National Family Allowance Fund;
9° Chairman of the Board of Directors of the Central Fund for Agricultural Social Mutuality;
10° President of the Board of Directors of the Central Agency of Social Security Agencies;
11° From the Director General of the institution mentioned to theArticle L. 5312-1 of the Labour Code.
Each member mentioned in the 7th to 11th may be represented by a member of the institution to which it belongs.
The Management Board shall meet at least once a year on the convocation of the Chair.
For the expression of his vote, each member of the council has one vote.
The deliberations of the council are adopted by a simple majority of the votes cast. In case of sharing, the president's voice is preponderant.
The management board shall only deliberate validly if half of the members are present or represented in the session. If the council is unable to deliberate validly, it may be reunited and deliberately validly, regardless of the number of members present, within a clear day.
The Management Board is consulted by the Chair on the conventions referred to in III ofArticle L. 262-25 of the Code of Social Action and Families, in its drafting from the law of 1 December 2008 referred to above.
Any issues relating to the management and funding of expenditures referred to in the fourth paragraph of thearticle L. 262-24 of the same code.
The National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality shall inform the secretariat of the National Fund for Active Solidarity:
1° During the first fifteen days of the second month of each quarter:
(a) The amount of money they actually paid, over the past quarterly period, for active solidarity income, distinguishing:
the department’s share;
― the share of the National Fund for Active Solidarity and, within it, the amounts paid to the beneficiaries of active solidarity income who have concluded the individual convention referred to in theArticle L. 5134-19-1 of the Labour Code, during the period mentioned at 5°Article L. 262-3 of the Code of Social Action and Familiesin the drafting of these articles from the law of 1 December 2008 referred to above;
(b) The amount of management fees exposed by the organizations mentioned in theArticle L. 262-16 of the Code of Social Action and Familiesin its drafting from the law of 1 December 2008 referred to above;
2° Prior to February 28, each year, the total amount of the amounts actually paid in the previous year for each of the expenses mentioned in the 1st.
Each year, on the proposal of the Chair, the Management Board shall adopt before March 31:
1° For the coming fiscal year, the forecast statement of income and expenditures related to obligations of any kind in the fund;
2° The balance sheet, result account and activity report for the past year.
I. ― The income of the National Fund for Active Solidarity is as follows:
1. The contribution of the State;
2. The proceeds of the additional contributions referred to in III ofArticle L. 262-24 of the Code of Social Action and Familiesin its drafting from the law of 1 January 2008 referred to above;
3. The income of the Trusted Funds;
4. Accidental and diverse recipes.
II. ― The expenses of the National Fund for Active Solidarity are as follows:
1. The amounts paid in respect of the share of the active solidarity income referred to in the fourth paragraph of the I of Article L. 262-24 of the Code of Social Action and Families in its drafting from the law of 1 December 2008 referred to above;
2. The amounts paid for the personalized return to employment assistance mentioned in theArticle L. 5133-8 of the Labour Codein his writing from the same law;
3. The share of management costs exposed to the payment of active solidarity income by the organizations mentioned in theArticle L. 262-16 of the Code of Social Action and Families in its drafting from the same law and in charge by the fund;
4. The operating costs of the fund;
5. The procedural costs;
6. Accidental and diverse expenses.
When the convention provided for in theArticle L. 262-25 of the Code of Social Action and Families in its drafting of the Act of 1 December 2008 referred to above could not be signed, the National Fund for Active Solidarity pays to the Central Agency for Social Security Organisations on behalf of the National Fund for Family Allowances, as well as to the Central Fund for Agricultural Social Mutuality, its contribution to the financing of the expenses mentioned in the fourth paragraph of the I of thearticle L. 262-24 under the conditions defined below.
On the 5th of each month or the preceding business day, the National Fund for Active Solidarity shall pay to the National Fund for Family Allowances and to the Central Fund for Agricultural Social Mutuality a deposit equal to the twelfth of their expenses recorded in the forecast statement provided for in Article 7. By derogation, for the month of January, the payment is made on the 15th of the month or the preceding business day.
For the management of the National Active Solidarity Fund, the Caisse des dépôts et consignations opens in its writings a special account where it records the expenses and revenues of the fund.
Each quarter and at the beginning of a calendar year, the President of the Management Board shall address all the financial elements necessary for the preparation of the documents provided for in section 7.
Until December 31, 2009, the amounts paid under active solidarity income received by a person who entered into one of the conventions referred to in articles L. 5134-38, L. 5134-39 or L. 5134-75 of the Labour Code are, during the period defined at 5° of theArticle L. 262-3 of the Code of Social Action and Families, in its drafting from the above-mentioned Act of 1 December 2008, fully responsible for the National Fund for Active Solidarity.
Until 31 December 2009, the amounts paid for the active solidarity income received by a person who entered into a contract assisted in the experiments mentioned in the IV of Article 30 of the Act of 1 December 2008 referred to above are, during the period defined in Article 5 of Article L. 262-3 of the Code of Social Action and Families, in its drafting of this Law, in full at the expense of the National Fund of Active Solidarity.
The expenditure data referred to in the first and second paragraphs are transmitted by the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality under the conditions set out in section 6 and traced back to the forecasted state provided for in section 7 for 2009.
The Minister of Interior, Overseas and Territorial Communities, the Minister of Economy, Industry and Employment, the Minister of Agriculture and Fisheries, the Minister of Labour, Social Relations, the Family and Solidarity, the Minister of Housing and the City, the Minister of Budget, Public Accounts and the Public Service, and the High Commissioner for Active Solidarity, the Minister of Housing and the City, the Minister of Budget, Public Accounts and the Public Service
Done in Paris, January 9, 2009.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Agriculture and Fisheries,
Michel Barnier
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
Minister of Housing and City,
Christine Boutin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
