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Decree No. 2009-1596 Of 18 December 2009 On The Control Of Social Security Institutions

Original Language Title: Décret n° 2009-1596 du 18 décembre 2009 relatif au contrôle des organismes de sécurité sociale

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Summary

Amendment of Art. 3 of Decree 2008-731.

Keywords

WORK , SOCIAL SECURITY , CODE OF SOCIAL SECURITY , ORGANISM OF SOCIAL SECURITY , CONTROL , SERVICE A NATIONAL COMPETENCE , SCN , TRANSFER OF COMPETENCE , SANITARY AND SOCIAL AFFAIRS , COMPETENT AUTHORITY


JORF n°0295 of 20 December 2009 page 22031
text No. 22



Decree No. 2009-1596 of 18 December 2009 on the control of social security organizations

NOR: MTSS0916249D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/12/18/MTSS0916249D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/12/18/2009-1596/jo/texte


The Prime Minister,
On the report of the Minister of Labour, Social Relations, Family, Solidarity and the City,
Vu le Rural code ;
Vu le Social Security Code ;
Vu le Decree No. 97-464 of 9 May 1997 amended on the establishment and organization of services with national jurisdiction;
Vu le Decree No. 2008-731 of 24 July 2008 the procedure for the non-value admission of claims of social security organizations;
Considering the opinion of the National Fund of the Independent Social Plan of 9 July 2009;
Having regard to the advice of the Board of the National Pension Insurance Fund for Employees dated 15 July 2009;
Considering the opinion of the Central Agency of Social Security Organizations of 17 July 2009;
Having regard to the advice of the Central Board of Directors of the Agricultural Social Community dated 17 July 2009;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 21 July 2009;
Considering the advice of the Board of Directors of the National Health Insurance Fund for Employees dated 17 November 2009;
Having regard to the opinion of the National Health Insurance Union of 23 July 2009;
Having regard to the opinion of the Commission on Industrial Accidents and Occupational Diseases of 9 September 2009;
The State Council (Social Section) heard,
Decrete:

  • TITRE IER : PROVISIONS MODIFIANT LE CODE DE LA SECURITE SOCIAL Article 1 Learn more about this article...


    The Social Security Code is amended in accordance with Articles 2 to 25 of this Decree.

    • CHAPTER IER: GENERAL CARACTER PROVISIONS Article 2 Learn more about this article...


      It is created, after chapter IV of title V of Book I, a chapter V, as follows:


      “Chapter V



      "Control under a national jurisdiction service


      "Art.R. 155-1.-The control of local and regional social security organizations other than agricultural social mutuality organizations is provided by a nationally competent service, established under the conditions provided for by Decree No. 97-464 of 9 May 1997 on the establishment and organization of services with national jurisdiction.
      "The service referred to in the first paragraph also exercises its control over the organizations referred to in articles R. 611-21 and R. 641-24.
      "Art.R. 155-2.-The control of organizations of agricultural social mutuality other than those of national jurisdiction is provided by a national service, created under the conditions provided by the Decree No. 97-464 of 9 May 1997 on the establishment and organization of services with national jurisdiction.
      "Art.R. 155-3.-The control carried out by the services referred to in sections R. 155-1 and R. 155-2 shall be performed on exhibits and on site. Social security organizations are required to provide members of these services with all documents and information materials relevant to the exercise of this control. A decree of ministers responsible for social security and agriculture defines the elements to be provided periodically. »

    • CHAPTER II: PROVISIONS TRANSFERING COMPETENCE TO UNDER ARTICLES R. 155 1 AND R. 155 2 Article 3 Learn more about this article...


      In chapter IV ter of title I of Book I, it is created after article R. 114-18 an article R. 114-18-1 as follows:
      "Art. R. 114-18-1. - The competent authority of the State referred to in the first paragraph of Article L. 114-9 is responsible for each of the services referred to in Articles R. 155-1 and R. 155-2. »

      Article 4 Learn more about this article...


      I. ― The first paragraph of section R. 123-3 is replaced by the following provisions:
      "The employer organization is required to inform the service referred to in section R. 155-1 or, if it is an agricultural social mutuality organization, the service referred to in section R. 155-2 of any proceeding initiated by an agent of a social security organization against his employer and dealing with a dispute arising out of the employment contract. »
      II. ― At the 8th of R. 123-47-7, the words "Regional Director of Health and Social Affairs" are replaced by the words "member of the service referred to in R. 155-1".
      III. ― Section R. 123-49 is amended as follows:
      1° I is replaced by the following:
      "I. ― Subject to the provisions of section R. 123-50-1, the personnel referred to in the first paragraph of section R. 123-48 shall be approved by the person responsible for the service referred to in section R. 155-1 and, for employees of the agricultural social mutuality organizations, by the person responsible for the service referred to in section R. 155-2.
      "The decision to accept or refuse to accept accounting officers shall be taken after notice of the treasurer-payer general of the department of the headquarters of the agency concerned and, for the accounting officers of national organizations, their establishments or their social works, after notice of the minister responsible for the budget. » ;
      2° II is repealed.
      IV. ― In the first paragraph of section R. 123-52, the words: "by the Minister or his territorial representative" are replaced by the words: "by the Minister for Social Security and, for the agents of the agricultural social mutuality organizations, by the Minister for Agriculture."

      Article 5 Learn more about this article...


      I. ― In R. 133-1, the words: "Regional Directorate of Health and Social Affairs" are replaced by the words: "the person responsible for the service referred to in R. 155-1".
      II. ― In the first paragraph of section R. 133-2, the words: "by regional management" are replaced by the words: "by the person in charge of the service referred to in section R. 155-1", and the words: "by order of the prefect of the department where the employer's establishment is located or the domicile of the independent worker and handed over to the general treasurer" are replaced by the words: "by decision of the person in charge of the service mentioned.

      Article 6 Learn more about this article...


      The seventh paragraph of Article R. 133-22 is replaced by the following provisions:
      "A member of the service referred to in Article R. 155-1 may attend meetings and represent the State with the local committee. »

      Article 7 Learn more about this article...


      In R. 142-48, the words: "at the prefect of the region" are replaced by the words: "at the service referred to in R. 155-2."

      Article 8 Learn more about this article...


      I. ― Article R. 151-1 of the Social Security Code is amended as follows:
      1° In the first paragraph, the words: "to the prefect of the region" are replaced by the words: "to the person responsible for the service referred to in R. 155-1";
      2° The second paragraph is replaced by the following:
      "In the eight days, he pronounces the annulment of the decisions that appear to him contrary to the law. It may also, within the same period of time, when the elements submitted to its assessment require further instruction, suspend the execution until the decision of the Minister responsible for social security, which he seizes for cancellation. The Minister shall inform the competent national body, which shall, if any, inform the Minister of the opinion. Where the ministerial decision does not intervene within forty days of the date of the suspension of the decision of the board or board of directors by the person responsible for the service referred to in R. 155-1, that decision shall be enforceable in full law. » ;
      3° In the third paragraph, the words: "the region prefect" are replaced by the words: "the person responsible for the service referred to in R. 155-1".
      II. ― In the first paragraph of section R. 151-2, the words "to the prefect" are replaced by the words "to the person responsible for the service referred to in section R. 155-1".
      III. ― In R. 151-4, the words "by the Minister for Social Security" are replaced by the words "by the person responsible for the service referred to in R. 155-1".
      IV. ― In R. 151-5, the words "to the Minister for Social Security" are replaced by the words "to the person responsible for the service referred to in R. 155-1".
      V. ― Section R. 152-1 is amended as follows:
      1° In the first and fourth paragraphs, the words "to the prefect of the region" are replaced by the words "to the person responsible for the service referred to in R. 155-1";
      2° The second paragraph is replaced by the following:
      "In the eight days, it may, in the event that the decisions appear to it to be contrary to the law or in a manner that compromises the financial balance of the caisse, suspend its execution until the decision of the Minister for Social Security, which he seizes for cancellation. Where the ministerial decision does not intervene within forty days of the date of the suspension of the decision of the board of directors by the head of the service referred to in R. 155-1, that decision is enforceable in full law. » ;
      3° In the third paragraph, the words: "The Prefect of Region" are replaced by the words: "The Head of Service referred to in R. 155-1".
      VI. ― Section R. 152-2 is amended as follows:
      1° In the first paragraph, the words "to the Prefect of Region" are replaced by the words: "to the person responsible for the service referred to in R. 155-2. » ;
      2° In the second paragraph, the words: second paragraph of Article 3 of Decree No. 85-192 of 11 February 1985 are replaced by the words: "from article R. 723-108 of the rural code".
      VII. ― Section R. 152-3 is replaced by the following:
      "Art.R. 152-3. - Within eight days of the communication of a deliberation of the board of directors or of the committee of health and social action, the person responsible for the service referred to in section R. 155-2 may, in the event that he or she considers that it is contrary to the legislative or regulatory provisions or that it is likely to compromise the financial balance of the caisse or the plan and when the elements submitted to his or her assessment require further instruction, to suspend the execution until the Minister If the ministerial decision does not intervene within forty days of the date of the suspension of the deliberation of the board of directors or the committee of health and social action by the head of the service referred to in R. 155-2, that deliberation is enforceable in full right.
      "The time limit set by this article is a free time limit. When the first day of this period is a holiday or a Saturday, the short period of the first business day following the holiday or Saturday.
      "The provisions of this Article shall apply to decisions taken by the Director of an agricultural social mutuality organization acting by delegation of the board of directors. »
      VIII. ― In the second paragraph of section R. 152-4, the words "of the prefect of the region" are replaced by the words "of the person responsible for the service referred to in section R. 155-2".
      IX. ― In article R. 152-5, the words: "the prefect of the region of the seat" are replaced by the words: "the person responsible for the service referred to in article R. 155-2."
      X. ∙ In title V of Book I, it is created after chapter II a chapter II bis as follows:


      “Chapter II bis



      “Common provisions


      "Art.R. 152-7.-The decisions referred to in sections L. 151-1 and L. 152-1 are transmitted electronically to the services referred to in sections R. 155-1 and R. 155-2. »

      Article 9 Learn more about this article...


      In section R. 153-6, the words: "the Minister responsible for administrative control or its territorial representative" are replaced by the words: "the person responsible for the service referred to in section R. 155-1 or, for organizations of agricultural social mutuality, the service referred to in section R. 155-2".

      Article 10 Learn more about this article...


      I. ― Section R. 211-1-1 is amended as follows:
      1° In the sixth paragraph, the words: "the Regional Director of Health and Social Affairs" are replaced by the words: "the person responsible for the service referred to in R. 155-1", and the words: "the Regional Director" are replaced by the words: "the person responsible for the service referred to above";
      2° In the last paragraph, the words: "The Regional Director of Health and Social Affairs or his representative" are replaced by the words: "The Head of Service referred to in R. 155-1".
      II. ― At the penultimate paragraph of section R. 211-1-2, the words: "and to the prefect of the region" are replaced by the words: "and to the service referred to in section R. 155-1."
      III. ― Section R. 217-11 is amended as follows:
      1° In the first paragraph, the words: "the competent regional director of health and social affairs" are replaced by the words: "the service referred to in article R. 155-1";
      2° In the third paragraph, the words "as well as the Regional Director of Health and Social Affairs" are replaced by the words "as well as the service referred to in R. 155-1".

      Article 11 Learn more about this article...


      I. ― In the second paragraph of article R. 221-13, the words "to the regional prefect concerned" are replaced by the words "at the service referred to in article R. 155-1".
      II. ― In R. 226-2, the words: "by the prefect of the region" are replaced by the words: "by the official of the service referred to in R. 155-1."
      III. ― In the third paragraph of R. 228-9, the words: "Regional Directors of Health and Social Affairs" are replaced by the words: "members of the service referred to in R. 155-1".

      Article 12 Learn more about this article...


      I. ― In the second paragraph of articles R. 242-4, R. 242-5, R. 242-6, R. 243-34, R. 243-40 and R. 253-1, the words: "the region prefect" are replaced by the words: "the service manager referred to in R. 155-1".
      II. ― In R. 243-55, the words: "The Prefect of Region" are replaced by the words: "The Head of Service referred to in R. 155-1".
      III. ― In the first paragraph of R. 244-1, the words: "by the Regional Directorate of Health and Social Affairs" are replaced by the words: "by the service referred to in R. 155-1".
      IV. ― In R. 273-1, the words: "the prefect of the region" are replaced by the words: "the person responsible for the service referred to in R. 155-1".

      Article 13 Learn more about this article...


      I. ― In the first paragraph of section R. 281-1, the words "by the prefect of the region" are replaced by the words "by the person responsible for the service referred to in section R. 155-1".
      II. ― In the first paragraph of section R. 281-4, the words: "of the prefect of the region" are replaced by the words: "of the person responsible for the service referred to in section R. 155-1" and the words: "to approve or oppose them" are replaced by the words: "to oppose them".
      III. ― In R. 281-7, the words: "Regional prefects may" are replaced by the words: "The person in charge of the service referred to in R. 155-1 may."

      Article 14 Learn more about this article...


      I. ― In the second paragraph of section R. 382-10, the words: "by the prefect of the region in which the authorized body has its seat, the said prefect" are replaced by the words: "by the person responsible for the service referred to in section R. 155-1, the said person responsible", and the words: "of the prefect" are replaced by the words: "of the person responsible for the service referred to in section R. 155-1".
      II. ― Section R. 382-14 is amended as follows:
      1° In the first paragraph, the words "by the prefect of the region" are replaced by the words "by the person responsible for the service referred to in R. 155-1";
      2° In the second paragraph, the words: "The Prefect of Region may" are replaced by the words: "The Head of Service referred to in section R. 155-1, after notice by the Minister responsible for culture, may".

      Article 15 Learn more about this article...


      I. ― Section R. 382-41 is amended as follows:
      1° The first paragraph is replaced by the following:
      "Electors are divided, for each organization, into two colleges, respectively, comprising the social insured persons and the persons mentioned in the first paragraph of Article L. 382-4. » ;
      2° In the second paragraph, the words: "The electoral lists are established by the prefect of the region" are replaced by the words: "They are registered on lists of electors established by the service referred to in article R. 155-1", and the words: "at the prefecture of the region" are replaced by the words: "at the headquarters of the registered bodies".
      II. ― In the second paragraph of R. 382-43, the words: "to the competent regional prefect" are replaced by the words: "to the service referred to in R. 155-1."
      III. ― The second paragraph of section R. 382-46 is replaced by the following:
      "The general census of votes is carried out for each organization by a commission chaired by a member of the service referred to in R. 155-1. The Commission also includes two electors from each college designated by the service manager referred to in R. 155-1, one member of that service and the director of the regional electoral district of La Poste or his representative. The head of the service referred to above shall also designate the secretary of the commission. »
      IV. ― In the first paragraph of section R. 382-47, the words: "The Prefect of the Relevant Region" are replaced by the words: "The Head of the Service referred to in section R. 155-1".
      V. ― Section R. 382-50 is amended as follows:
      1° In the first paragraph, the words: "at the prefecture of the region" are replaced by the words: "at the headquarters of the accredited bodies";
      2° In the second paragraph, the words "to the prefect of the region" are replaced by the words "to the person responsible for the service referred to in R. 155-1".
      VI. ― In R. 382-51, the words: "at the prefect of the region" are replaced by the words: "at the head of the service referred to in R. 155-1".
      VII. ― In the first paragraph of Article R. 382-55, the words "by prefecture" are replaced by the words "by the service referred to in Article R. 155-1".

      Article 16 Learn more about this article...


      I. ― Article R. 611-27 is amended as follows:
      1° In the seventh paragraph, the words: "The Regional Director of Health and Social Affairs" are replaced by the words: "The service referred to in R. 155-1";
      2° In the eighth paragraph, the words: "by the Regional Director of Health and Social Affairs" are replaced by the words: "by the head of the service referred to in section R. 155-1", and the words: "whose Regional Director" are replaced by the words: "whose service manager mentioned above";
      3° In the last paragraph, the words: "The Regional Director of Health and Social Affairs or his representative" are replaced by the words: "A member of the service referred to in R. 155-1".
      II. ― Section R. 611-57 is amended as follows:
      1° In the first paragraph, the words: "the competent regional director of health and social affairs" are replaced by the words: "the service referred to in article R. 155-1";
      2° In the third paragraph, the words "as well as the Regional Director of Health and Social Affairs" are replaced by the words "as well as the service referred to in R. 155-1".
      III. ― In the second paragraph of Article R. 611-68, the words: "by the inspectors of the regional branches of health and social affairs" are replaced by the words: "by the official of the service referred to in Article R. 155-1".
      IV. ― In the first paragraph of section R. 623-17, the words: "the general inspection of social security and the regional branches of health and social affairs" are replaced by the words: "the general inspection of social affairs and the service referred to in section R. 155-1".
      V. ― At 2° of R. 623-19, the words: "by the prefect of the region" are replaced by the words: "by the official of the service referred to in R. 155-1".
      VI. ― In the second paragraph of R. 641-5, the words: "at the prefect of the region" are replaced by the words: "at the service referred to in R. 155-1".
      VII. ― In R. 641-23, the words: "the region prefect" are replaced by the words: "the person responsible for the service referred to in R. 155-1".

      Article 17 Learn more about this article...


      In the second paragraph of R. 815-55, the words: "by the regional and departmental branches of health and social affairs" are replaced by the words: "by the service referred to in R. 155-1".

      Article 18 Learn more about this article...


      Article R. 861-19 is amended as follows:
      1° I is thus modified:
      (a) In the first paragraph, the words: "by registered letter with a request for a notice of receipt to the prefect of the region in which the head office of the organization is located" are replaced by the words: "by any means to establish the certain date of its receipt to the head of the service referred to in R. 155-1", and the words: "to the prefect of the region" are replaced by the words: "to the head of the service mentioned above;
      (b) In the second paragraph, the words "to the prefects of the regions in which they are located" are replaced by the words "to the person responsible for the service referred to in R. 155-1";
      (c) The third paragraph is deleted;
      2° II is thus amended:
      (a) The first paragraph is replaced by the following:
      "In light of the statement referred to in the first paragraph of the I, the person responsible for the service referred to in section R. 155-1 lists the organization on the list referred to in section L. 861-7 by decision published in the Official Bulletin of the Ministry of Social Security. » ;
      (b) In the second paragraph, the words "to the prefect" are replaced by the words "to the person responsible for the service referred to in R. 155-1";
      3° In the third, the words: "the region prefect" are replaced by the words: "the service manager referred to in R. 155-1";
      4° In IV, the words: "to the prefect of the region" are replaced by the words: "to the person in charge of the service referred to in R. 155-1", and the words: "to the prefect" are replaced by the words: "to the person in charge of the service mentioned above".

    • CHAPTER III: PROVISIONS PORTING TRANSFER OF COMPETENCE TO OTHER AUTHORITIES WITH REGULATIONS R. 155 1 AND R. 155 2 Article 19 Learn more about this article...


      I. ― The first paragraph of section R. 142-22 is thus amended:
      1° The first sentence is deleted;
      2° In the second sentence, the word "He" is replaced by the words "The Social Security Court".
      II. ― The second paragraph of section R. 142-27 is replaced by the following:
      "The secretary shall transmit to the service referred to in Article R. 155-1 for the disputes to which the application of social security legislation and the service referred to in Article R. 155-2 shall be carried out for the disputes to which the application of agricultural social mutuality legislation shall take place, upon the return of a notice of receipt, a copy of the decision indicating the date of the notification. »
      III. ― Section R. 142-28 is amended to read:
      1° In the third paragraph, the words: "Director of Health and Social Affairs" are replaced by the words: "Minister of Social Security";
      2° In the fourth paragraph, the words: "Head of the Regional Service for Labour Inspection, Employment and Agricultural Social Protection" are replaced by the words: "Minister for Agriculture";
      3° The fifth and sixth preambular paragraphs are deleted.
      IV. ― Section R. 142-29 is amended as follows:
      1° The first paragraph is replaced by the following:
      "The Clerk shall inform the Minister for Social Security of the date of the hearing of the disputes to which the application of social security legislation and the Minister for Agriculture for the disputes to which the application of agricultural social mutuality legislation is taking place, if not summoned as appellants. » ;
      2° At 1°, the words: "Regional Director of Health and Social Affairs" are replaced by the words: "Minister for Social Security";
      3° At 2°, the words: "Head of the Regional Service for Labour Inspection, Employment and Agricultural Social Protection" are replaced by the words: "Minister for Agriculture";
      4° The third is repealed.
      V. ― Section R. 143-21 is amended as follows:
      1° The second paragraph is replaced by the following:
      "The authority referred to in the second paragraph of section L. 242-5 and section L. 242-7 shall be the person responsible for the service referred to in section R. 155-1. The appeal shall be filed within the same period of time as of the day of the decision. » ;
      2° In the fourth paragraph, the words: "from the head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy referred to in sections L. 751-16, L. 751-21 and L. 752-19 of the Rural Code" are replaced by the words: "from the person responsible for the service referred to in section R. 155-2".
      VI. ― Section R. 144-8 is amended as follows:
      1° In the second paragraph, the words: "Regional Director of Health and Social Affairs" are replaced by the words: "Minister for Social Security";
      2° In the third paragraph, the words: "Head of the Regional Service for Labour Inspection, Employment and Agricultural Social Protection" are replaced by the words: "Minister for Agriculture";
      3° The fourth preambular paragraph is deleted;
      4° In the last paragraph, the words: "The Regional Director of Health and Social Affairs and the Head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy" are replaced by the words: "The Minister for Social Security and the Minister for Agriculture", and the words: "by these officials" are replaced by the words: "by the latter."
      VII. – The second paragraph of articles R. 142-15 and R. 143-36 is deleted.

      Rule 20 Learn more about this article...


      Section R. 382-13 is amended as follows:
      1° In the first paragraph, the words: "of the regional prefect in which the registered organization has its seat" are replaced by the words: "the Minister for Social Security and the Minister for Culture";
      2° In the second paragraph, the words: "The Prefect of Region may" are replaced by the words: "The Ministers may".

      Article 21 Learn more about this article...


      I. ― In the first paragraph of articles R. 524-15-7, R. 553-3-7 and R. 861-15-7, the words "to the regional prefect" are replaced by the words "to the national body responsible for coordinating their activities".
      II. ― In the last paragraph of sections R. 524-15-7 and R. 553-3-7, the words: "The Regional Prefect" are replaced by the words: "The national body referred to in the first paragraph", and the words: "to the Minister responsible for the family" are replaced by the words: "to the Minister responsible for social security".
      III. ― In the last paragraph of section R. 861-15-7, the words: "The Region Prefect" are replaced by the words: "The national body referred to in the first paragraph", and the words: "to the Minister for Health Insurance" are replaced by the words: "to the Minister for Social Security".

      Article 22 Learn more about this article...


      I. ― The third paragraph of section R. 611-28 is replaced by the following provisions:
      "The date of the elections under section R. 611-52 for a single base fund is also fixed by order of the Minister for Social Security. »
      II. ― Section R. 611-32 is amended as follows:
      1° The second sentence of the first paragraph is replaced by the following sentence: "This commission has its seat at the base box. » ;
      2° The second and third paragraphs are deleted.
      III. ― Section R. 611-33 is amended as follows:
      1° The 1° is replaced by the following:
      « 1° As President, the Director General of the National Fund of the Independent Social Plan or its representative, who may be the Director of the Base Fund; » ;
      2° The 4th is replaced by the following:
      « 4° An officer of the National Fund of the Independent Social Plan”;
      3° In the seventh paragraph, the words: "by the Regional Director of Health and Social Affairs" are replaced by the words: "by the Director General of the National Fund of the Independent Social Plan or his representative, who may be the Director of the Base Fund";
      4° In the last paragraph, the words "by the prefect of the region" are replaced by the words "by the director of the base caisse".
      IV. ∙ Section R. 611-35 is amended as follows:
      1° The second paragraph is replaced by the following:
      "The electoral organization subcommissions shall be chaired by the Director General of the National Fund for the Independent Social Plan or his representative, who may be the director of the base fund. They include:
      2° The 3° is replaced by the following:
      « 3° An officer of the National Fund of the Independent Social Plan”;
      3° In the sixth paragraph, the words: "by the prefect" are replaced by the words: "by the director general of the National Fund of the Independent Social Plan or its representative, the latter being the director of the base fund".
      V. ∙ The third paragraph of section R. 611-36 is replaced by the following:
      « 1° As President, the Director General of the National Fund of the Independent Social Plan or its representative, who may be the Director of the Base Fund; "
      VI. ― In the last paragraph of R. 611-37, the words: "from the Regional Director of Health and Social Affairs" are replaced by the words: "from the Director of the Base Fund", and the words: "on publication of the Order" are replaced by the words: "on the decision".
      VII. ― Section R. 611-40 is amended as follows:
      1° In the second paragraph, the words: "to regional directors of health and social affairs" are replaced by the words: "to the Director General of the National Fund of the Independent Social Plan";
      2° The last sentence of the fourth preambular paragraph is replaced by the following sentence: "The appeal of the Director General of the National Fund of the Independent Social Plan shall be brought before the court in which the seat of the base case is located. »
      VIII. ― In the last paragraph of R. 611-48, the words: "to the Regional Director of Health and Social Affairs" are replaced by the words: "to the Director of the Base Fund".
      IX. ― In the second paragraph of Article R. 611-49, the words "and the Regional Director of Health and Social Affairs" are replaced by the words "and by the Director General of the National Fund of the Independent Social Plan".

      Article 23 Learn more about this article...


      In R. 815-51, the words "and the prefects of the region are admissible" are replaced by the words "is admissible".

    • CHAPTER IV: OTHER PROVISIONS Article 24 Learn more about this article...


      I. ― Section R. 215-4 is amended as follows:
      1° In the third paragraph, the words "The Claims" are replaced by the words "I. ― For the implementation of Article R. 142-1, the claims";
      2° The fifth preambular paragraph is replaced by the following:
      “II. ― Regional health insurance funds inform the National Old Age Insurance Fund of all decisions made by the courts referred to in chapters II, III and IV of Book I title IV on old age insurance. » ;
      3° The first, second and fourth subparagraphs are deleted.
      II. ― In R. 222-2, the words: "In connection with and with the assistance of the inspection services of the regional branches of health and social affairs, the" are replaced by the word "La".
      III. ― In the first paragraph of articles R. 252-10, R. 252-28 and R. 252-35, the words "and the observations made by the region prefect" are deleted.
      IV. ― In the first paragraph of R. 262-3, the words: "and communicated to the prefect of the region" are deleted.
      V. ― In the second paragraph of article R. 264-2, the words: "with the advice of the region prefect" are deleted.
      VI. ― The second paragraph of section R. 264-3 is replaced by the following:
      "The budget proposals prepared by the regional funds are forwarded to the National Old Age Insurance Fund, which may make any changes to the budget. »
      VII. ― In sections R. 312-10 and R. 381-13, the words "either at the request of the regional prefect" are deleted.
      VIII. ― In R. 381-14, the words: ", subject to the control exercised by the prefect of the region" are deleted.
      IX. ∙ Section R. 381-29 is amended as follows:
      1° In the third paragraph, the word "seven" is replaced by the word "six";
      2° The last paragraph is deleted.

      Rule 25 Learn more about this article...


      I. ― The second and third paragraphs of Article R. 815-56 are deleted.
      II. Sections R. 153-1, R. 153-5, R. 262-6, R. 281-8-1, R. 623-20 and R. 754-2 are repealed.

  • PART II: OTHER AND FINAL PROVISIONS Rule 26 Learn more about this article...


    Article 3 of the Decree of 24 July 2008 referred to above is amended as follows:
    1° In the first paragraph, the words: "from the Regional Director of Health and Social Affairs" are replaced by the words: "from the head of the service referred to in Article R. 155-1 of the Social Security Code";
    2° In the second paragraph, the words: "the Regional Director of Health and Social Affairs" are replaced by the words: "the person responsible for the service referred to in Article R. 155-1 of the Social Security Code".

    Rule 27 Learn more about this article...


    This Decree comes into force on 1 January 2010.
    It is applicable to Mayotte.

    Rule 28 Learn more about this article...


    The Minister of Interior, Overseas and Territorial Communities, the Minister of Labour, Social Relations, the Family, Solidarity and the City, the Minister of Budget, Public Accounts, Public Service and State Reform, the Minister of Health and Sports, the Minister of Food, Agriculture and Fisheries, and the Minister of Culture and Communication, are responsible for the publication of this decree,


Done in Paris, December 18, 2009.


François Fillon


By the Prime Minister:


Minister of Labour, Social Relations,

of the family, solidarity

and the city,

Xavier Darcos

The Minister of the Interior,

the overseas and territorial authorities,

Brice Hortefeux

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth

Minister of Health and Sports,

Roselyne Bachelot-Narquin

Minister of Food,

agriculture and fisheries,

Bruno Le Maire

Minister of Culture

and communication,

Frédéric Mitterrand


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