Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Sports,
Vu le Public Health Code ;
Considering the code of social action and families;
Vu le Social Security Code ;
Vu le General Tax Code ;
Considering the code of construction and housing;
Considering the code of urban planning;
Vu la Act No. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, including article 77;
Vu le Decree No. 85-1148 of 24 October 1985 amended on the remuneration of civil and military personnel of the State, personnel of territorial authorities and personnel of public hospitalization institutions, including articles 9 and 9 bis;
Vu le Decree No. 88-386 of 19 April 1988 amended with respect to the conditions of physical fitness and sick leave of hospital public officials, including section 26;
Vu le Decree No. 91-868 of 5 September 1991 bearing special statutes of the technical staff of the hospital public service;
Vu le Decree No. 2001-1375 of 31 December 2001 having a special status of the body of health care executives of the hospital public service;
Vu le Decree No. 2002-550 of 19 April 2002 bearing special status of the body of director of hospital public service care;
Vu le Decree No. 2005-921 of 2 August 2005 amended with special status of the ranks and employment of management staff of the establishments referred to in section 2 (1° and 7°) of Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2005-922 of 2 August 2005 amended on terms and conditions of appointment and advancement in certain functional jobs of establishments referred to in Article 2 (1° and 7°) of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2007-704 of 4 May 2007 relating to the organization and operation of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service and amending the Public Health Code (regulatory provisions);
Vu le Decree No. 2007-839 of 11 May 2007 bearing special status of the body of the socio-educational frameworks of the public hospital service;
Vu le Decree No. 2007-1187 of 3 August 2007 amending Decree No. 2001-1207 of 19 December 2001 bearing the particular status of the body of the hospital administration officers and amending the Decree No. 90-839 of 21 September 1990 bearing special statutes of administrative staff of the hospital public service;
Vu le Decree No. 2007-1930 of 26 December 2007 bearing special status of the body of directors of health, social and mediocial institutions of the public hospital service;
Considering the advice of the Higher Council of the Hospital Public Service in its session of 24 June 2009;
In the opinion of the Standards Assessment Advisory Board rendered on January 7, 2010,
Decrete:
In the establishments mentioned to theArticle 2 of the Act of 9 January 1986 referred to above, housing concessions are attributed by absolute necessity of service to certain officials, under the conditions provided for by this decree.
I. ― Staff members occupying jobs whose status is provided by decrees of 2 August 2005 or belonging to the body whose status is fixed by the Decree of 26 December 2007 benefit from housing concessions by absolute necessity of service.
II. - Officials occupying the jobs or belonging to the bodies mentioned below, acting in executive custody, by means of a table established, in each establishment, by the director or, if any, by the competent authority for non-corporate institutions, also benefit from housing concessions by absolute necessity of service, when they provide a minimum annual number of days of custody fixed by a decree of the ministers responsible for public health,
- care managers;
engineers;
• socio-educational frameworks;
- health frameworks;
– Hospital administration officers;
- responsible for maternal centres, nurseries and nurseries.
Employees who benefit from housing concessions by absolute necessity of service are housed by priority in the property's heritage.
Otherwise, when this heritage does not allow for their housing, they benefit, at the choice of the establishment they are responsible for:
- a rental unit made available to them under the conditions set out in section 4, the location of which is compatible with the implementation of management guards;
either a monthly compensatory allowance, the amounts of which are fixed by order of ministers responsible for health, budget and public service for each of the areas relating to the classification of communes, as defined by the provisions of articles 2 duodecies, 2 terdecies A, 2 terdecies B, 2 terdecies C, 2 quindecies B and 2 quindecies C of Schedule III of the general code of duty station, provided that
The housing concessions granted by absolute necessity of service include, on the one hand, the free of bare housing without furniture goods and, on the other hand, the free supply of electricity, heating, gas and water, excluding any other benefit that is the subject of a refund, to the real value, to the institution concerned.
Employees who benefit from housing concessions by absolute necessity of service cannot claim compensation for additional hours in the form of hourly or lump sum allowances.
The officials referred to in I of Article 2, as well as the directors of the care referred to in II of the same article, who are placed in a search for assignment, shall, upon their request and by decision of the Director General of the National Management Centre, retain the benefit of the housing concessions by absolute necessity of service as long as they have not received a new assignment.
There may not be a combination of housing concessions by absolute necessity of service, within the meaning of Article 3, by two officials mentioned in Article 2, spouses, bound by a civil pact of solidarity or concubines.
By derogation from the previous paragraph, they may accumulate housing concessions when occupying jobs in establishments whose distance is such that a common home would impede the implementation of management guards.
In the establishments mentioned to theArticle 2 of the Act of 9 January 1986 referred to above, the housing concessions are attributed by utility to certain officials, under the conditions provided for by this decree.
The establishment director or, where appropriate, the competent authority for non-corporate establishments shall determine the categories of public servants for which dwellings may be granted by service utility in the establishment or in the immediate vicinity.
Officials so housed are required to reimburse the institution for rent and monthly expenses determined by the deliberative assembly, either on the basis of a fixed plan based on the level of remuneration of the beneficiaries and by reference to the monthly ceiling of social security, or on the basis of the rental value used as the basis of the housing tax or, where applicable, on the basis of the actual rental value.
The individual benefit of the housing concessions is granted by decision of the establishment director or, where applicable, the competent authority for non-corporate establishments.
Subject to the provisions of Article 6, housing concessions are precarious and revocable. Their duration is limited to the period in which the officials concerned occupy the jobs that warrant them. They shall, in any event, cease in the event of alienation or decommissioning of the building. In any case where the concession expires, the persons concerned must leave the premises, under penalty of expulsion, at the request of the establishment.
Staff members eligible for housing concessions under articles 3 and 9 shall be subject to provisions of Article 82 of the General Tax Code and provisions of articles L. 242-1 and R. 242-1 of the Social Security Code.
Investment and major maintenance expenses related to the property's properties are included in the institution's annual work programme. An annual presentation to the establishment's deliberative meeting is provided for the performance of these expenses as well as current maintenance expenses.
The deliberative assembly of the institution must be informed each year of the state of the property, the housing concessions and their distribution among the different categories of public servants benefiting from the provisions set out in Articles 2, 3, 8 and 9. This distribution identifies the different beneficiaries.
Interested public servants shall, at their request, retain the benefit of the housing concessions granted under the conditions set out in Articles 3 and 9 for the duration of their absence directly related to the use of the days accumulated on their time savings account.
Subject to a change in the situation that justified their attribution, the public servants to whom it was granted housing concessions before the date of entry into force of this decree and who do not meet the terms and conditions of attribution provided for in Articles 3 and 9 retain the benefit for a maximum period of two years.
The Minister of Budget, Public Accounts, Public Service and State Reform and the Minister of Health and Sports are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, January 8, 2010.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
