Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Solidarity and Public Service,
Vu le Social Security Codeincluding article L. 114-17;
Vu la Act No. 2009-1646 of 24 December 2009 the financing of social security for 2010, including its article 87;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Community dated 1 July 2010;
Having regard to the advice of the Board of Directors of the National Family Allowance Fund dated 7 July 2010;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund for Employees dated 21 July 2010;
The State Council (Social Section) heard,
Decrete:
The Social Security Code is thus amended:
1° In article R. 114-10, the words "supported the wrong person in question" are replaced by the words: "is a victim of the facts mentioned in 1° to 4° of the same article";
2° Section R. 114-11 is amended as follows:
(a) In the first paragraph, the word: "current" is replaced by the word: "planned";
(b) The second paragraph is replaced by the following:
"If, after receiving written comments or hearings from the person concerned in the premises of the organization or in the absence of a response from that person upon the expiry of the period referred to in the preceding paragraph, the Director decides to continue the procedure, determines the amount of the penalty and notifys the person concerned. The notice may, within one month of receipt of the notification, file a free appeal against the decision setting the amount of the penalty with the Director. In such a case, the Director shall refer to the commission referred to in the seventh paragraph of Article L. 114-17, and shall, where appropriate, communicate the written comments of the person concerned or the record of the hearing. » ;
(c) In the third paragraph, in the first sentence, the words "the rapporteur and" and the words "and gravity" are deleted;
(d) In the seventh paragraph, the words: "Notice of penalty shall be made" are replaced by the words: "Notices provided in this section shall be made";
(e) In the eighth paragraph, the word "She" is replaced by the words: "The decision setting the final amount of the penalty";
3° Section R. 114-13 is amended as follows:
(a) At the beginning of the first paragraph, an I is inserted and the words: "the payment of old-age insurance benefits or benefits served by the payment agencies" are replaced by the words: "or have acted in order to obtain or unduly obtain from third parties the payment of benefits served by the organizations responsible for the management of old-age insurance benefits or";
(b) In the second paragraph, the dash is replaced by a 1° and the word "intentionally" is deleted;
(c) In the third paragraph, the dash is replaced by a 2° and the word "intentionally" is deleted;
(d) The last paragraph is replaced by the following:
“II. ― may also be subject to the penalty referred to in section R. 114-11:
« 1° Successors who, by failing to report the death of a beneficiary within six months, have obtained or attempted to obtain unduly the benefits provided by the organizations responsible for the management of old-age insurance benefits;
« 2° The persons for whom, under the conditions provided for in Article L. 114-15, a concealed working situation has been found to have benefited from benefits paid under terms of resources or termination of activity by the organizations referred to in the first paragraph of this Article. » ;
4° Section R. 114-14 is replaced by the following provisions:
"Art. R. 114-14. - The amount of the penalty shall be determined in proportion to the seriousness of the charges, taking into account, inter alia, their intentional or repeated nature, the amount and duration of the damage and the means and processes used. » ;
5° In article R. 114-16, after the word "national" are inserted the words "or to the central body of which they belong".
The Minister of Labour, Solidarity and Public Service is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, October 19, 2010.
François Fillon
By the Prime Minister:
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
