Key Benefits:
The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence codeincluding articles L. 3422-1 to L. 3422-7 and R. 3422-1 to R. 3422-23;
Vu la Act No. 83-675 of 26 July 1983 modified on democratization of the public sector;
Vu la Act No. 84-834 of 13 September 1984 amended on the age limit in the public service and the public sector;
See?Order No. 2005-649 of 6 June 2005 amended on contracts passed by certain public or private persons not subject to the public procurement code;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
The State Council (Section of Administration) heard,
Decrete:
Chapter II of Title II of Book IV of Part III of the Defence Code is replaced by the following:
“Chapter II
"The institution of social management of the armies
“Section 1
“General provisions
"Art.R. 3422-1.-The activity of the social management institution of the armies is carried out, within the framework of the social policy defined by the Minister of Defence, for the benefit of nationals of the social action of the armies referred to in theArticle L. 3422-1 of the Defence Code.
"The conventions mentioned in the second paragraph of the same article may be concluded with other ministerial departments, or with legal, public or private persons.
"The location of the head office of the social management institution of the armies is fixed by order of the Minister of Defence.
"Art.R. 3422-2.-The social management institution of the armies is responsible for managing:
« 1° Social and social institutions, which are listed by order of the Minister of Defence. These institutions do not have the moral personality;
« 2° Social financial benefits that the Minister of Defence decides to organize;
« 3° Funds for loans and emergency relief. These loans can be financed from its own resources;
« 4° In cases determined by a decree of the Minister of Defence, the income of property or values given or legid to the Minister for a social purpose for the benefit of nationals.
"It also has the task of carrying out other activities of a social, medico-social or cultural character for the benefit of the categories of persons defined in article R. 3422-1.
“Section 2
“Organization and operation
"Art.R. 3422-3.-I. ― The social management institution of the armies is administered by a management board composed of sixteen members.
“II. ― The President of the Management Board shall be appointed by order, on the proposal of the Minister of Defence. The age limit applicable to it is set at seventy years. The term of office is four years renewable.
"III. ― The Management Board shall include, in addition to its Chair:
« 1° Eight members of the law:
“(a) The Chief of Staff of the Armed Forces or his representative;
“(b) The General Delegate for Arms or his representative;
"(c) The Secretary General for Administration or his representative;
"(d) The Chief of Staff of the Army or its representative;
“e) The Chief of the Navy Staff or his representative;
“(f) The Chief of Staff of the Air Force or its representative;
“(g) The Director General of the National Gendarmerie or his representative;
“(h) The Deputy Director of Social Action or his representative.
« 2° Three qualified personalities and their substitutes designated because of their competence in the administrative, financial, social, medico-social or cultural fields. They are designated by joint decrees of the Minister of Defence and, each of them, the Minister for Health and Sports, the Minister for Youth and the Minister for Tourism;
« 3° Two members representing respectively the executives and non-framework of the social management institution of the armies. These representatives of the employees, as well as their substitutes, are elected by secret ballot, under the conditions fixed by the business agreement;
« 4° Two representatives of the Central Council of Social Action of the Ministry of Defence, including a representative of military nationals and his alternate, appointed by the representatives of military personnel within them, and a representative of civilian nationals and his alternate appointed by the representatives of civilian personnel within them.
"The members of the Management Board and their alternates referred to in items 2, 3 and 4 above shall be designated, from the same date, for a period of four years renewable.
"The terms of reference of the members of the management board are free of charge, subject to reimbursement of travel expenses under the conditions prescribed by the regulations in force.
"When one of these members or his or her alternate ceases to perform his or her duties or is terminated, he or she shall be replaced, under the conditions established for the appointment of members, for the duration of the remaining term.
"IV. ― To attend sessions with advisory voices:
« 1° A representative of the general control of the armed forces;
« 2° An inspector general of the armed forces;
« 3° The civil defence inspector involved in the social action of the armed forces;
« 4° The representative of the authority responsible for the economic and financial control of the institution of social management of the armies or its deputy;
« 5° The Director General of the Social Management Institution of the Armed Forces;
« 6° The Deputy Director General of the Social Management Institution of the Armed Forces;
« 7° The Auditor.
"V. ― The Chair of the Management Board may invite to participate in the sessions, with an advisory vote, any person whose presence would be deemed to be useful on a particular agenda item.
"Art.R. 3422-4.-The Management Board shall meet on the convocation of its President, who shall set its agenda at least twice a year.
"The summons shall be of law if requested by the Minister of Defence or by at least half of the members, provided that it relates to a specific agenda.
"The council can only validly deliberate if, in addition to the president, at least eight of its members are present.
"If the quorum is not reached, the council is again convened on the same agenda within fifteen days. It then deliberates validly whatever the number of members present.
"Art.R. 3422-5.-I. ― The Management Board determines, as part of the direction set by the Minister of Defence, the general policy of the social management institution of the armies.
“II. ― It deliberates, inter alia, on the following items:
« 1° General organization of the institution of social management of the armies;
« 2° General conditions of recruitment, employment and remuneration of staff;
« 3° States of income and expenditure forecasts and rates applicable in institutions managed by the social management institution of the armies;
"4° Assessment, annex and overall results account, balance sheets, annexes and results accounts by industry branch;
« 5° Acquisitions, extensions or transfers of financial participation to works or organizations of social interest;
"6° Borrowings, refundable advances and guarantees, regardless of the amount;
"7° Acquisitions and disposition of buildings, leases;
« 8° General procurement rules;
« 9° Conventions with legal, public or private persons;
« 10° Implementing the monetary liability of agents authorized to handle moneys or materials when the provisions of Article R. 3422-16 are implemented;
"11° Greetings and non-value admissions;
"12° Transactions.
"III. ― The Chair may submit any other matters to the Management Board for deliberation or advice. It may also decide that communications are brought to the attention of members by the Director General.
"Art.R. 3422-6.- Decisions are made by a relative majority of votes. The president has a preponderant voice in the event of equal sharing of votes.
"The minutes of the meetings are sent to the Minister of Defence.
"The deliberations of the Management Board are enforceable on the expiry of a period of thirty days from receipt by the Minister of Defence.
"In that time, the Minister may refuse to approve these proceedings or decide to suspend their application. In the event of an emergency, it may authorize immediate execution.
"Art.R. 3422-7.-The Central Council for Social Action of the Ministry of Defence is seized by the Minister of Defence for advice on:
« 1° Multi-year draft convention on the objectives of the institution of social management of the armies concluded with the Ministry of Defence;
« 2° The performance reports of these multi-year conventions;
« 3° Reporting of the forecasting statements of revenues and expenses of the social management institution of the armies.
"These notices are communicated to the management board by representatives of nationals to the management board.
"Art.R. 3422-8.-I. ― The Director General of the Social Management Institution of the Armed Forces shall be appointed by order of the Minister of Defence on the proposal of the Secretary General for Administration, after advice from the Management Board. The term of office is four years renewable.
"The Director General is assisted by an Assistant Director General who replaces him in the event of absence or incapacitation. The Deputy Director General shall be appointed by order of the Minister of Defence on the proposal of the Director General. The term of office is four years renewable.
“II. ― The Director General manages the social management institution of the armies.
"He participates, with an advisory voice, in the management board meetings. In the course of his duties, he exercises, in addition to those that may be delegated to him by the Management Board, the following competencies:
« 1° The preparation of the deliberations and their implementation;
« 2° The operation of the services of the social management institution of the armies;
« 3° Management under his authority of the staff he hires, names, affects and licenciees;
« 4° Ordering of income and expenditure;
« 5° The signing of contracts and conventions involving the institution of social management of the armies;
« 6° The representation of the social management institution of the armies in justice and in all acts of civil life and in its relations with third parties.
"III. – He can delegate his signature to the directors of the institutions and other agents of the social management institution of the armies. For cases where this is necessary, it may also delegate its signature to the local representative of the social action of the armed forces, as long as the latter acts on behalf of and on behalf of the social management institution of the armed forces.
"He can also delegate to the Deputy Director General part of his skills.
“Section 3
“Financial provisions
"Art.R. 3422-9.-The resources of the social management institution of the armies are defined at theArticle L. 3422-5 of the Defence Code.
"The expenses of the social management institution of the armies include personnel costs, operating expenses and equipment and, in general, all the expenses necessary to carry out the mission of the public establishment.
"Art.R. 3422-10.-The activities of the social management institution of the armies are managed by specialized branch.
"The establishments of the various branches are placed under the authority of a responsible director before the Director General.
"The establishments of the various branches are subject to the operating rules that apply to their specialty or class.
"Art.R. 3422-11.-The competent departments of the Ministry of Defence provide technical supervision of the institutions.
"Art.R. 3422-12. - Subject to the details given in the following articles, the social management institution of the armies is governed, for its financial and accounting management, by the rules of private law.
"The social management institution of the armies has an auditor.
"Art.R. 3422-13.-The financial and accounting operations of the social management institution of the armies are carried out as part of a forecasted statement of income and expenditure with a forecasted result account and a synthetic forecasted funding table.
"Art.R. 3422-14.-Recipients and expenses shall be carried out by an accounting and financial director designated by order of the Minister of Defence.
"The Accounting and Financial Director shall maintain the overall accounting of the social management institution of the armies under the conditions defined by the accounting plan of that organization, which is based on the overall accounting plan and is approved by the Minister of Economy, Industry and Employment after notice of the National Accounting Board.
"The accounting of the cost of return and the accounting of the equipment and stocks shall be held by the accounting and financial director or under his control.
"The Accountant and Financial Director controls the calculation of costs and the accounting of assets and stocks.
"Art.R. 3422-15.-Local accountants, designated by the Director General with the approval of the Accounting and Financial Director, are responsible for carrying out revenue and expenditure transactions and maintaining the accounting of the institutions.
"These accounts are centralized by the accounting and financial director.
"When the importance of the institution does not justify the presence of a director and local accountant, the Director shall also perform the functions of an accountant.
"Revenue and expenditure transactions are carried out according to the guidelines provided by the Accounting and Financial Director.
"Art.R. 3422-16.-The agents authorized to handle moneys or materials are financially responsible for their conservation, the receipts they must collect, and the liberating nature of the regulations they make.
"If so, if the Director General did not continue to challenge this responsibility, the Minister of Defence could take the initiative, the management board heard, on the basis of reports that are given to him in the course of control procedures.
"The pecuniary responsibility of the social action officers of the Ministry of Defence when acting within the framework of the signature delegation of the Director General, provided for in Article R. 3422-8, can only be sought in the event of personal misconduct according to the principles of common administrative law.
"Art.R. 3422-17.-The claims of the social management institution of the armies may be:
" ―a gracious handover in case of obstruction of debtors;
"—a non-value admission in the event of insolvency of debtors.
"Decisions for free and non-value admission are made, possibly in view of social expertise, by the management board.
"Art.R. 3422-18.-The rates of depreciation of movable and immovable property that is part of the institution's heritage are determined by the management board. The Director General shall determine, as part of the accounting plan referred to in section R. 3422-14, the terms and conditions for holding inventories.
"Art.R. 3422-19.-The funds of the institution are deposited in the Public Treasury. However, the establishment may, on the authorization of the Minister responsible for the budget, deposit funds on an open account in a credit institution that has obtained an approval governed by the provisions applicable in the Member States of the European Community or other States parties to the agreement on the European Economic Area, for use strictly linked to a technical transit.
"Art.R. 3422-20.-The annual accounts of the social management institution of the armies include all the statements provided for in the General Accountant Plan.
"They are supported by a detailed situation presenting all the means of personnel and equipment made available to the social management institution of the armies, during the exercise considered, by the State or by other public or private bodies.
"Annual accounts may be presented in such a way that the results of certain institutions or branches of activity are distinctly revealed.
"Art.R. 3422-21.-The annual accounts are prepared by the Accounting and Financial Director, arrested by the Director General and submitted by him to the Management Board of the Social Management Institution of the Armed Forces. They are forwarded for approval to the guardianship authority by the end of April following the year to which they relate.
"Art.R. 3422-22.-A copy of the annual accounts, supported by supporting evidence, is retained by the Accountant and Financial Director for ten years after the fiscal year is closed.
"Another copy is transmitted to the Court of Accounts by the social management institution of the armies under the stamp of the Director General.
"Art.R. 3422-23.-The institution of social management of the armies is subject to the economic and financial control of the state provided by the State Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State. »
The board of management of the social management institution of the armies on the date of publication of this decree shall remain in office until the first meeting of the new management board provided for in section R. 3422-3 and no later than 30 June 2010.
The Minister of Economy, Industry and Employment, 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 Defence, the Minister of Health and Sports and the High Commissioner for Youth are responsible, each with regard to the issue, for the execution of this decree published in the French Republic.
Done in Paris, January 5, 2010.
François Fillon
By the Prime Minister:
Minister of Defence,
Hervé Morin
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Xavier Darcos
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
Minister of Health and Sports,
Roselyne Bachelot-Narquin
The High Commissioner for Youth,
Martin Hirsch
