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Law No. 2011 - 1906 December 21, 2011 Funding Of Social Security For 2012

Original Language Title: LOI n° 2011-1906 du 21 décembre 2011 de financement de la sécurité sociale pour 2012

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Summary

Amendments to the Social Security Code, the Labour Code, the Rural Code and the Maritime Fisheries Code, the General Tax Code, the Public Health Code, the Tax Procedures Book, the Financial Court Code, the Social Action Code and the Families, the Civil and Military Pension Code, the Consumer Code, the Monetary and Financial Code. Amendment of Act No. 2010-1594 of 20 December 2010 on social security financing for 2011: amendment of articles 27, 85. Amendment of Act No. 2004-1484 of 30 December 2004 of Finance for 2005: repeal of section 61. Amendment of Act No. 2007-1822 of 24 December 2007 of Finance for 2008: amendment of section 53. Amendment of Act No. 2009-594 of 27 May 2009 for the economic development of overseas countries: amendment of Article 3. Amendment of Order No. 96-50 of 24 January 1996 on the reimbursement of social debt: amendment of Articles 14, 15, 4. Amendment of Act No. 2007-1786 of 19 December 2007 on social security financing for 2008: amendment of Article 44. Amendment of Order No. 2010-49 of 13 January 2010 on medical biology: amendment of Article 8. Amendment of the Social Security Financing Act 2004 (No. 2003-1199 of 18 December 2003): amendment of sections 33, 23. Amendment of Act No. 2009-879 of 21 July 2009 on hospital reform and on patients, health and territories: amendment of Article 1. Amendment of Act No. 2009-1646 of 24 December 2009 on social security financing for 2010: amendment of section 91. Amendment of the Social Security Financing Act for 2001 (No. 2000-1257 of 23 December 2000): amendment of Article 40. Amendment of Act No. 2010-1330 of 9 November 2010 on pension reform: amendment of articles 22, 28, 31, 33, 35. Amendment of the Social Security Financing Act for 1999 (No. 98-1194 of 23 December 1998): amendment of Article 41.
Repeal of section 56 of this Act.

Keywords

ASSISTANCE,

Legislative records




JORF n°0296 of 22 December 2011 page 21682
text No. 1



LOI no. 2011-1906 of 21 December 2011 of social security financing for 2012 (1)

NOR: BCRX1125833L ELI: https://www.legifrance.gouv.fr/eli/loi/2011/12/21/BCRX1125833L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2011/12/21/2011-1906/jo/texte


The National Assembly and the Senate deliberated,
The National Assembly adopted;
Vu la Constitutional Council decision No. 2011-642 DC of 15 December 2011;
The President of the Republic enacts the following legislation:



PART I
PROVISIONS RELATING TO EXERCISE 2010

Article 1 Learn more about this article...


For the 2010 fiscal year, they are approved:
1° The balance table, by branch, of all mandatory basic social security schemes:


(In billions of euros)




RECETTES
EXPENDITURE
SOLD

Disease

165.2

176.5

11.4

Old age

183.3

194.1

10.8

Family

50.8

53.5

2.7

Occupational accidents and diseases

11.9

12.6

0.7

All branches (excluding transfers between branches)

401.9

427,5

- 25.5


2° The table of balance, by branch, of the general social security regime:


(In billions of euros)




RECETTES
EXPENDITURE
SOLD

Disease

141.8

153.4

11.6

Old age

93.4

102.3

8,9

Family

50.2

52,9

2.7

Occupational accidents and diseases

10.5

11.2

0.7

All branches (excluding transfers between branches)

287,5

311.5

―23.9


3° The equilibrium table for organizations involved in financing mandatory basic social security schemes:


(In billions of euros)




RECETTES
EXPENDITURE
SOLD

Old-age solidarity fund

9.8

13.8

4.1


4° Expenditures under the national health insurance expenditure target amount to €161.8 billion;
5° Revenues to the Retirement Reserve Fund amounted to 2.3 billion euros;
6° The amount of the debt amortized by the Social Debt Fund amounted to € 5.1 billion.

Article 2 Learn more about this article...


Is approved the report in Appendix A to this Act with a table, as of December 31, 2010, reflecting the heritage situation of mandatory basic plans and organizations that contribute to their funding, depreciation of their debt or the provision of revenue for their benefit, and describing the measures for the allocation of surpluses or the coverage of deficits identified in the context of the approval exercise, in section 1st,



PART II
PROVISIONS RELATING TO THE YEAR 2011

  • Section 1: Revenue and financial balance provisions for social security Article 3 Learn more about this article...


    I. ― Chapter IV of title III of Book I of the Social Security Code is thus amended:
    1° The second and third paragraphs of Article L. 134-1 are deleted;
    2° The second paragraph of Article L. 134-3 is amended as follows:
    (a) In the first sentence, the words: "previance" are replaced by the words: "Management of the Special Health Insurance Plan";
    (b) At the beginning of the second sentence, the words: "The pension fund" are replaced by the words: "This fund";
    3° Section L. 134-5 is amended as follows:
    (a) In the second sentence of the second paragraph, the words: "foresight" are replaced by the words: "in charge of the management of the special health insurance plan";
    (b) The penultimate paragraph is supplemented by a sentence as follows:
    "When the sickness-maternity branch of a debtor regime, which is considered to be non-products and common management expenses exceptional or non-existent, is deficit, the balance in which it is indebted is capped to the deficit, which is considered to be non-products and common management expenses exceptional or not, of the Maladie-maternity branch of the creditor regime. » ;
    4° The penultimate paragraph of Article L. 134-5-1 is supplemented by a sentence as follows:
    "When the sickness-maternity branch of a debtor regime, which is considered to be non-products and common management expenses exceptional or non-existent, is deficit, the balance in which it is indebted is capped to the deficit, which is considered to be non-products and common management expenses exceptional or not, of the Maladie-maternity branch of the creditor regime. »
    II. - The 2° to 4° of I apply from fiscal year 2011. The same I applies effective January 1, 2012.

    Article 4 Learn more about this article...


    For the year 2011, the following tables are corrected:
    1° The revenue forecasts and the balance table, by branch, of all mandatory basic social security schemes:


    (In billions of euros)




    RECETTES
    EXPENDITURE
    SOLD

    Disease

    171.8

    181.3

    ― 9,5

    Old age

    194.5

    202,6

    8.1

    Family

    52,9

    55,5

    2.6

    Occupational accidents and diseases

    13.0

    12.9

    0.1

    All branches (excluding transfers between branches)

    422.0

    442,2

    20.1


    2° The revenue forecasts and the branch-specific balance table of the general social security system:


    (In billions of euros)




    RECETTES
    EXPENDITURE
    SOLD

    Disease

    147,9

    157.4

    ― 9,5

    Old age

    100.6

    106.6

    ― 6.0

    Family

    52.4

    55.0

    2.6

    Occupational accidents and diseases

    11.6

    11.6

    0.0

    All branches (excluding transfers between branches)

    303.3

    321.3

    — 18.0


    3° The revenue forecasts and the balance table for organizations that contribute to the financing of mandatory basic social security schemes:


    (In billions of euros)




    RECETTES
    EXPENDITURE
    SOLD

    Old-age solidarity fund

    13.8

    17.5

    3.8

    Article 5 Learn more about this article...


    I. - For the year 2011, the objective of the Social Debt Relief Fund's rectified depreciation of social debt remains fixed in accordance with the I of Article 37 of Act No. 2010-1594 of 20 December 2010 Social Security Funding for 2011.
    II. - For the year 2011, the revised estimates of income for the Retirement Reserve Fund remain in accordance with Article 37, II.
    III. - For the year 2011, the revised revenue forecasts set aside by the Old Age Solidarity Fund are set at €0.39 billion.

  • Section 2: Expenditure provisions Article 6 Learn more about this article...


    In II of Article 85 of Act No. 2010-1594 of 20 December 2010, the amount "347.71 million euros" is replaced by the amount "289.72 million euros".

    Article 7 Learn more about this article...


    In the IV of the same article 85, the amount "151 million euros" is replaced by the amount "161 million euros".

    Article 8 Learn more about this article...


    I. ― For the year 2011, the revised estimates of spending targets, by branch, of all mandatory basic social security schemes are set to:


    (In billions of euros)




    OBJECTIVES OF EXPENDITURE

    Disease

    181.3

    Old age

    202,6

    Family

    55,5

    Occupational accidents and diseases

    12.9

    All branches (excluding transfers between branches)

    442,2


    II. ― For the year 2011, the revised estimates of expenditure targets, by branch, of the general social security regime are set to:


    (In billions of euros)




    OBJECTIVES OF EXPENDITURE

    Disease

    157.4

    Old age

    106.6

    Family

    55.0

    Occupational accidents and diseases

    11.6

    All branches (excluding transfers between branches)

    321.3

    Article 9 Learn more about this article...


    For the year 2011, the national objective of health insurance expenditures for all of the mandatory basic plans and its sub-objectives remain fixed in accordance with the table of theArticle 90 of Act No. 2010-1594 of 20 December 2010 referred to above.



    PART III
    PROVISIONS RELATING TO RECETTES
    FOR 2012

  • Section 1: Provisions relating to income from mandatory basic plans and organizations that contribute to their financing Article 10 Learn more about this article...


    The first paragraph of Article L. 871-1 of the Social Security Code is supplemented by a sentence as follows:
    "The benefit of these same provisions is also conditional on the condition that the mutual or union under the code of mutuality, the pension institution governed by this code or the insurance company governed by the insurance code Annually communicates to insured persons the amount and composition of the management and acquisition costs of the agency assigned to the guarantees for the reimbursement and compensation of the costs incurred by a disease, maternity or accident, as a percentage of the contributions or premiums associated with that risk, in accordance with the terms specified by the order of the Minister for Social Security. »

    Article 11 Learn more about this article...


    Prior to August 31, 2012, the Government submits to Parliament a report analyzing management costs and the level of benefits used compared to contributions made by social security organizations, on the one hand, mutual funds and private supplementary insurance organizations, on the other.

    Article 12 Learn more about this article...


    I. ― Article L. 137-15 of the Social Security Code is amended as follows:
    1° The second is repealed;
    2° It is added a paragraph to read:
    "By derogation from the first paragraph, employers of less than ten employees shall not be subject to this contribution in respect of contributions paid to employees, former employees and their beneficiaries for the financing of additional insurance benefits. »
    II. - Article L. 137-16 of the same code is amended as follows:
    1° At the end of the first paragraph, the rate: "6%" is replaced by the rate: "8%";
    2° At the end of 1°, the rate: "1.65 %" is replaced by the rate: "5%";
    3° At 2°, the rates: "4.35 %" and " 0,77 %" respectively are replaced by the rates: "3%" and "0.5%".
    III. - Section 1 of Chapter VII of Title III of Book I of the same Code is amended as follows:
    1° The title is thus written: "Common Provisions";
    2° Articles L. 137-1 and L. 137-2 are repealed;
    3° Section L. 137-3 is amended as follows:
    (a) The beginning of the first sentence of the first paragraph is as follows: "The contributions referred to in this chapter, unless otherwise expressly stated, are recovered and controlled by the... (the rest without change). » ;
    (b) In the second paragraph, the words: "tax" are replaced by the words: "These contributions";
    (c) In the last paragraph, the words: "tax" are replaced by the words: "contributions" and the words: "is directly recovered and controlled" are replaced by the words: "are directly recovered and controlled";
    4° In the first sentence of section L. 137-4, the words: "to the tax referred to in section L. 137-1 shall be replaced by the words: "to the contributions referred to in this chapter shall be subject to, unless expressly provided otherwise."
    IV. - 2° of Article L. 131-8, 3 of Article L. 137-5, III of Articles L. 137-10 and L. 137-11, IV of Article L. 137-13 and L. 137-17 of the same Code are repealed and the last paragraph of Article L. 137-12 of the said Code is deleted.
    V. - In the second paragraph of Article L. 6331-42 of the Labour Code, the words: "the tax referred to in Article L. 137-1" are replaced by the words: "the contributions referred to in Chapter VII of Title III of Book I".

    Article 13 Learn more about this article...


    I. ― Article L. 241-10 of the Social Security Code is amended as follows:
    1° The first paragraph is replaced by seven subparagraphs as follows:
    "The wages paid to the home aids employed under a fixed-term contract or under a fixed-term contract shall be exempted from the employer contributions of social insurance and family allowances to replace employees who are absent or whose employment contract is suspended under the conditions set out in theArticle L. 1242-2 of the Labour Codeby the following structures:
    « 1° Associations and companies declared under the conditions set out in Article L. 7232-1-1 of the same code for the exercise of childcare activities or assistance to older persons or persons with disabilities;
    « 2° Communal or intercommunal social action centres;
    « 3° Organizations authorized for social assistance or having passed a social security agency agreement.
    "This exemption applies to the portion of the remuneration paid in return for the performance of the duties performed at the private home:
    “(a) Persons mentioned in I;
    “(b) Beneficiaries either of the benefits of household assistance to the elderly or with disabilities under legal social assistance or in the framework of a convention between the above-mentioned structures and a social security organization, or of the benefits mentioned in the second paragraph of Article L. 222-3 of the code of social action and of the families or of the same benefits and assistance to the families within the framework of a convention concluded between these structures and a
    2° In the second paragraph, the reference: "the paragraph below" is replaced by the reference: "this III";
    3° At the end of the last paragraph, the reference: "first paragraph of this paragraph" is replaced by the reference: "present III".
    II. - The one.Article L. 131-7 of the Social Security Code is not applicable for the exemption referred to in Article III L. 241-10 of the same code.

    Article 14 Learn more about this article...


    I. ― In the first sentence of the twelfth paragraph of Article L. 242-1 of the same code, the word "three" is replaced by the word "two".
    II.-A transitional measure provisions of the twelfth paragraph of Article L. 242-1 of the Social Security Code in its drafting by this Act, the limit for the exclusion of a plate referred to in the same section shall be equal to three times the annual value of the ceiling referred to in section L. 241-3 of the same code for compensation paid in 2012 in the following cases:
    1° As part of a breakdown notified by December 31, 2011 or involved in a project established pursuant to theArticle L. 1233-61 of the Labour Code and communicated by 31 December 2011 pursuant to articles L. 1233-10, L. 1233-31 and L. 1233-32 of the same code;
    2° For a breach reported in 2012 where the amount of legal or conventional compensation is more than twice the annual value of the above-mentioned ceiling. In this case, however, the exclusion limit may not exceed the amount provided by law or by the agreement or collective agreement in force as of December 31, 2011.

    Article 15 Learn more about this article...


    Article L. 242-1-4 of the Social Security Code is amended as follows:
    1° The first two paragraphs are thus drafted:
    "Every amount or benefit allocated to an employee by a person who is not an employer in return for an activity performed in the interest of that person is a remuneration subject to social security contributions and contributions referred to in sections L. 136-1 of this Code, L. 14-10-4 of the Code of Social Action and Families and 14 of Ordinance No. 96-50 of 24 January 1996 Reimbursement of social debt.
    "In cases where the employee concerned is engaged in a commercial activity or in direct contact with the client for which it is used that a third person to the employer allocates amounts or benefits to the employee under that activity, that third person shall pay to the recovery agency on whose basis it depends a liberatory contribution of which the amount is equal to 20% of the share of such remuneration that exceeds for the year in question a minimum amount of 15% of the value Contributions and contributions of legal or conventional origin made mandatory by law are not due to such remuneration. This liberatory contribution only applies to the share of remuneration paid for one year that does not exceed 1.5 times the value of the interprofessional minimum wage of growth calculated for one month; the upper portion of this cap is subject to the contributions and contributions referred to in the first paragraph. » ;
    2° At the penultimate paragraph, the words: "and the recovery body" are deleted;
    3° After the word "release" the end of the last paragraph is read as follows: "Referred to in the second paragraph are divided between the attributes of the contributions and contributions referred to in the first paragraph. »

    Article 16 Learn more about this article...


    I. ― The fourth sentence of the first paragraph of Article L. 241-13 of the same code is amended as follows:
    1° The words: "without pay for overtime and overtime, within the limit of 25 per cent or 50 per cent, as the case may be, for the corresponding salary increase I of Article L. 3121-22 of the Labour Code and Article L. 713-6 of the Rural and Maritime Fisheries Code and "are deleted;
    2° The words are added: "Increased, if any, of the number of additional or additional hours, without taking into account the increases to which they give rise".
    II. - Article L. 131-8 of the same code is amended as follows:
    1° In the first paragraph, after the words "social security", the words "and the funds mentioned in this article" are inserted;
    2° The 1° is thus modified:
    (a) At the end of the second paragraph, the rate: "59.9%" is replaced by the rate: "59.03%";
    (b) At the end of the third paragraph, the rate: "23.4%" is replaced by the rate: "24.27%";
    3° After the 6°, it is inserted a 7° as follows:
    « 7° The product of the right of consumption on tobaccos mentioned inArticle 575 of the General Tax Code is paid:
    “(a) To the branch mentioned in 1° of Article L. 200-2 of this code, for a fraction corresponding to 58.10%;
    “(b) To the branch mentioned in 4° of the same article L. 200-2, for a fraction corresponding to 7.86 %;
    "(c) To the branch mentioned in 2° of Article L. 722-8 of the Rural Code and Maritime Fishing, for a fraction of 15.44 %;
    "(d) The compulsory supplementary old-age insurance scheme referred to in Article L. 732-56 of the same code for a fraction of 1.89 %;
    “e) To the branches mentioned in 1° and 2° of Article L. 722-27 of the same code, for a fraction of 9.18 %, divided under conditions fixed by joint decree of ministers responsible for social security, agriculture and budget;
    “(f) At the National Establishment of Marine Invalids, the pension and pension fund of the clerics and employees of notaries, the corporate social security schemes of the Société National des chemins de fer français and the Régie autonome des transports parisiens and the Caisse autonome nationale de sécurité sociale dans les mines, for a fraction equal to 0.65%, divided in conditions fixed by joint decree of the ministers responsible for social security
    “(g) At the Asbestos workers' early termination fund established in III of Article 41 of the Social Security Financing Act, 1999 (No. 98-1194 of 23 December 1998), for a fraction of 0.31%;
    “(h) To the fund referred to in Article L. 351-6 of the Construction and Housing Code, for a fraction of 1.48 %;
    “(i) To the fund mentioned at theArticle L. 5423-24 of the Labour Codefor a fraction of 1.25 per cent;
    “j) To compensation, under the conditions defined byArticle 53 of Act No. 2007-1822 of 24 December 2007 for 2008, measures defined in articles L. 241-17 and L. 241-18 of this Code for a fraction of 3.89 per cent. »
    III. - As a derogatory,Article L. 131-8 of the Social Security Code, in its drafting resulting from this Act, is applicable, for the year 2012, subject to the following modifications of the 7th of the same section:
    1° At the end of the a, the rate: "58.10 %" is replaced by the rate: "52.33 %";
    2° At the end of the b, the rate: "7,86%" is replaced by the rate: "11.17%";
    3° At e, the rate: "9.18%" is replaced by the rate: "10%";
    4° At f, the rate: "0.60%" is replaced by the rate: "0.66%";
    5° It is added a k as follows:
    “(k) To the branch referred to in 2° of Article L. 200-2, for a fraction of 1.58 %. »
    IV. - Article L. 241-2 of the same code is amended as follows:
    1° The seventh preambular paragraph reads as follows:
    « 1° The proceeds of the taxes and taxes referred to in Article L. 131-8, under the conditions fixed by that same article; »
    2° It is added an 8° as follows:
    « 8° A fraction of the tax product referred to in 2° bis of Article 1001 of the General Tax Code. »
    V. - Article L. 241-6 of the same code is supplemented by an 8° as follows:
    « 8° The proceeds of the taxes and taxes referred to in Article L. 131-8 of this Code, under the conditions laid down in that same section. »
    VI. - The 8th of Article L. 731-2 of the Rural and Maritime Fisheries Code is thus written:
    « 8° A fraction, fixed to theArticle L. 131-8 of the Social Security Code, of the product of the consumer right referred to inArticle 575 of the General Tax Code ;".
    VII. - I and II of Article L. 741-9 of the same code are supplemented by a 3° as follows:
    « 3° By a fraction, fixed to theArticle L. 131-8 of the Social Security Code, of the product of the consumer right referred to inArticle 575 of the General Tax Code. »
    VIII. - Section 61 of Act No. 2004-1484 of 30 December 2004 of Finance for 2005 is repealed.
    IX. - The 4° of Article 53 of Law No. 2007-1822 of 24 December 2007 for 2008 is thus drafted:
    « 4° A fraction of the right of consumption on tobaccos mentioned in theArticle 575 of the General Tax Code, fixed toArticle L. 131-8 of the Social Security Code. »

    Article 17 Learn more about this article...


    I. ― The second paragraph of Article L. 136-2 of the Social Security Code is amended as follows:
    1° The words: "other than those referred to in 7° of II below" are deleted;
    2° The rate: "3%" is replaced by the rate: "1.75%";
    3° Is added a sentence as follows:
    "This reduction does not apply to the elements referred to in II of this article or to those referred to in 1 and 4 of section L. 137-15. »
    II. - After first paragraph of Article 3 of Law No. 2009-594 of 27 May 2009 for the economic development of overseas countries, a sub-item reads as follows:
    “The planned reduction second paragraph of Article L. 136-2 of the Social Security Code is not applicable to this exceptional bonus. »
    III. - Article L. 136-2 of the Social Security Code is amended as follows:
    1° At the 3°, after the word "Parliament," the words "residential allowance" are inserted, and the word "previous" is replaced by the word "first";
    2° The 6th is repealed.

    Article 18 Learn more about this article...


    I. ― The same code is amended:
    1° In the second sentence of the second paragraph of Article L. 131-9, after the reference: "L. 242-1", the words "and their replacement income" are inserted;
    2° After the second of Article L. 136-5, it is inserted as follows:
    « II bis. ― The contribution due to foreign source revenues, subject to the conditions and conditions established, recovered and controlled under the terms and conditions set out in the III of section L. 136-6, subject to the income of activity that the employer did not receive a pre-payment. »
    II. - Order No. 96-50 of 24 January 1996 on the reimbursement of social debt is amended as follows:
    1° In the first paragraph of Article 14, the words: ", with the exception of the foreign source income referred to in the 1st paragraph of Article 15 below, shall be deleted;
    2° After the word: "physical", the end of the first paragraph of Article 15 is thus written: "taxally domiciled in France within the meaning ofArticle 4 B of the General Tax Code.
    3° The 1st of Article 15 is repealed.
    III. - 1° of I and II of this section apply to revenues collected as of January 1, 2011.
    IV. - 2° of I applies effective January 1, 2012.

    Article 19 Learn more about this article...


    The same code is amended:
    1° Article L. 136-6 is supplemented by an IV as follows:
    "IV. - By derogation from the provisions of III, the contribution to royalties Articles L. 7121-8 and L. 7123-6 of the Labour Code and paid to performers and models is pre-counted, recovered and controlled in accordance with the rules and the guarantees and penalties applicable to the collection of contributions from the general social security system. » ;
    2° The second paragraph of Article L. 131-9 is supplemented by a sentence as follows:
    "They are also applicable to royalties referred to in the IV of section L. 136-6 paid to persons who do not meet the condition of tax residence set out in I of the same section. »

    Rule 20 Learn more about this article...


    I. ― Article L. 651-5 of the same code is amended as follows:
    1° In the first sentence of the first paragraph, the words "for companies and companies engaged in the trade in values and money, as well as" are deleted;
    2° After the first paragraph, two sub-items are inserted:
    "For credit institutions and, when approved by the prudential control authority, the companies referred to in Article L. 531-4 of the monetary and financial code, the turnover is that defined in 1 of III of Article 1586 sexies of the general tax code. However, the annual turnover for interest exchange contracts, currency transactions and other long-term financial instruments is the positive net result of each of these categories.
    "For establishments and businesses referred to in the second paragraph of this article whose net proceeds are not more than 10% of the revenue so determined, the cumulative amount of the social contribution of solidarity and the additional contribution established in Article L. 245-13 of this Code may not exceed 1.6% of the net proceeds of banking. »
    II.-This article is applicable to the social contribution of solidarity to the dependants of companies due on 1 January 2012.

    Article 21 Learn more about this article...


    I. ― Article 1010 of the General Tax Code is amended as follows:
    1° The table in a is as follows:


    DIOXYDE EMISSION RATE
    of carbon
    (in grams per kilometer)
    TARIF APPLICABLE
    by gram of dioxide
    of carbon
    (in euros)

    Lower or equal to 50

    0

    greater than 50 and less than or equal to 100

    2

    greater than 100 and less than or equal to 120

    4

    greater than 120 and less than or equal to 140

    5.5

    greater than 140 and less than or equal to 160

    11.5

    greater than 160 and less than or equal to 200

    18

    greater than 200 and less than or equal to 250

    21.5

    Superior to 250

    27


    2° The table is as follows:

    FISCUM ISSUANCE
    (in horses)
    TARIF APPLICABLE
    (in euros)

    Lower or equal to 3

    750

    From 4 to 6

    1 400

    From 7 to 10

    3,000

    From 11 to 15

    3 600

    Superior to 15

    4 500


    II. ― Section 1010 A of the same code is repealed.
    III.-Vehicles combining electric energy and a gasoline or diesel engine and emitting less than 110 grams of CO2 per kilometre covered are exempt from the tax provided for in section 1010 of the same code.
    This exemption applies for a period of eight quarters deducted from the first day of the first quarter in progress on the first day of release of the vehicle.
    IV.-This section applies from the tax period beginning on October 1, 2011.

    Article 22 Learn more about this article...


    I. ― The general tax code is amended as follows:
    1° The penultimate paragraph of Article 317 is supplemented by a sentence as follows:
    "This reduced right is expressed with two significant figures after the comma, the second number being increased by one unit if the following number is equal to or greater than five. » ;
    2° Article 402 bis is amended as follows:
    (a) At the beginning of the second paragraph, the amount "56,40 €" is replaced by the amount "45 €";
    (b) At the beginning of the third paragraph, the amount "€223.51" is replaced by the amount "€180";
    (c) At the beginning of the last sentence of the last paragraph, the word "It" is replaced by a sentence and the words: "This recovery cannot exceed 1.75 per cent. The tariff »
    3° Section 403 is amended as follows:
    (a) At the beginning of 2° of the I, the amount "1 514,47 €" is replaced by the amount "1,660 €" ;
    (b) At the beginning of the last sentence of II, the word "He" is replaced by a sentence and the words: "This recovery cannot exceed 1.75 per cent. The tariff »
    4° At the beginning of the last sentence of the last paragraph of Article 438 and the last sentence of the last paragraph of Article 520 A (a), the word "It" is replaced by a sentence and the words: "This recovery cannot exceed 1.75 per cent. The tariff."
    II. - Section 3 of Chapter V of Title IV of Book II of the Social Security Code is amended as follows:
    1° In the first paragraph of Article L. 245-8, the rate: "25 %" is replaced by the rate: "18%";
    2° Section L. 245-9 is amended as follows:
    (a) The first paragraph is replaced by four subparagraphs as follows:
    "The amount of the contribution is determined by:
    « 1° 533 € per hectolitre of pure alcohol for drinks defined in b of Article 401 of the General Tax Code ;
    « 2° 45 € per hectolitre for other drinks.
    "This amount cannot exceed 40% of the excise duty applicable to the beverage concerned. » ;
    (b) At the beginning of the last sentence of the last paragraph, the word "It" is replaced by a sentence and the words: "This recovery cannot exceed 1.75 per cent. The tariff."

    Article 23 Learn more about this article...


    For the calculation of contributions due for 2012 under theArticle L. 138-10 of the Social Security CodeK is set at 0.5 per cent.

    Article 24 Learn more about this article...


    At 3° of the I of Article L. 245-2 of the Social Security Code, the words: ", except in the medical press enjoying a parity number or an approval defined in the conditions fixed by decree," are deleted.

    Rule 25 Learn more about this article...


    The first sentence of the third paragraph of article L. 245-6 of the same code is as follows:
    "The rate of contribution due to revenue generated in the years 2012, 2013 and 2014 is 1.6 per cent. »

    Rule 26 Learn more about this article...


    I. ― The Public Health Code is amended to read:
    1° Article L. 5121-18 is as follows:
    "Art. L. 5121-18.-Responsible taxes under sections 1600-0 N and 1600-0 O of the General Tax Code shall address to the agency referred to in section L. 5311-1 of this Code and to the Economic Committee for Health Products, no later than March 31 of each year, a statement providing information on sales made during the previous calendar year for medicines, health products, medical devices and medical devices giving indemnity fees The statements shall be made in accordance with the models fixed by decision of the Director General of the agency referred to in the same article L. 5311-1. The tax payable under section 1600-0 P of the General Tax Code shall, no later than March 31 of each year, address to the agency referred to in section L. 5311-1 of this Code a statement prepared in accordance with the model fixed by decision of the director of the agency referred to in the same section L. 5311-1, providing information on sales made in the previous calendar year for the giving cosmetics.
    "Every person who makes the first sale in France of a drug designated as an orphan pursuant to Regulation (EC) No. 141/2000 of the European Parliament and of the Council, of 16 December 1999, concerning orphan drugs or a drug subject to or subject to a temporary authorization of use referred to in paragraph I of Article L. 5121-12 is also required to address to the agency and the committee the first paragraph of the sales referred to in the first paragraph » ;
    2° At the end of Article L. 5122-3, the words: "who are imported according to the procedure provided for in Article L. 5121-17" are replaced by the words: "who are granted a parallel import permit under Article L. 5124-13";
    3° In the first paragraph of Article L. 5123-2, the words: "imported according to the procedure provided for in Article L. 5121-17" are replaced by the words: "with a parallel import permit under Article L. 5124-13";
    4° Section L. 5321-2 is amended as follows:
    (a) The 1° and 2° are thus written:
    « 1° By a state subsidy;
    « 2° By subsidies from other public authorities, their public institutions, social security organizations, the European Union or international organizations; »
    (b) The third is repealed;
    (c) The 4° and 5°, respectively, become the 3° and 4°;
    5° Chapter I of Part II of Book III of Part 5 is supplemented by an article L. 5321-3 as follows:
    "Art. L. 5321-3. ― I.-Sound place for the payment of a right by the applicant the following operations by the agency:
    « 1° The analysis of samples and the assessment of the documentation relating to the control protocol transmitted by the manufacturer for the release of batches of immunological drugs referred to in Article 6 L. 5121-1, blood-based drugs referred to in Article L. 5121-3 and substances that, if used separately from a medical device in which they are incorporated as integral parts, are likely to be considered as blood-related medications;
    « 2° Inspections specifically requested by an establishment carrying out the activities referred to in Article L. 5138-4 to verify compliance with the good practices referred to in Article L. 5138-3 and to issue, where appropriate, the certificate attesting to such compliance;
    « 3° The supply of French pharmacopoeia reference substances;
    « 4° The issuance of quality certificates for drug exporters.
    "The amount of the right is fixed by decree within the limits of:
    "(a) €4,000 for the operations mentioned at 1°;
    "(b) €15,000 for the operations mentioned at 2°;
    "(c) 120 € for the operation mentioned at 3°;
    "(d) 3,500 € for the operation mentioned at 4°.
    “II. ― The agency liquidates the amount of the right due for each operation, which gives rise to the issuance of a perception title ordered by the department responsible for health. The right is recovered for the benefit of the National Health Insurance Fund for Employees under the terms and conditions in force in respect of tax and property claims. » ;
    6° After the article L. 5421-6-2, an article L. 5421-6-3 is inserted as follows:
    "Art. L. 5421-6-3.-The failure to address the agency referred to in Article L. 5311-1, by March 31 of the current year, the declaration referred to in Article L. 5121-18 shall be punished by 45,000 € of fine.
    "To address an incomplete or inaccurate statement is punished by 25,000 € fine. » ;
    7° In article L. 5422-2, the words "referred to in article L. 5121-17" are replaced by the words "in accordance with article L. 5124-13";
    8° Sections L. 5121-15, L. 5121-16, L. 5121-17, L. 5121-19, L. 5122-5, L. 5138-5, L. 5211-5-2, L. 5221-7 and L. 6221-11 are repealed.
    II.-The Social Security Code is amended as follows:
    1° In the first paragraph of Article L. 162-16-5 and in the first sentence of the first paragraph of Article L. 162-17, the words "specified in Article L. 5121-17" are replaced by the words "in accordance with Article L. 5124-13";
    2° Article L. 162-17-5 is repealed;
    3° Article L. 241-2 is supplemented by a 7° as follows:
    « 7° Fees collected under sections 1600-0 N, 1600-0 O, 1600-0 R and 1635 bis AE of the General Tax Code and fees collected under section L. 5321-3 of the Public Health Code. »
    III.-The general tax code is amended as follows:
    1° Section 0I of Chapter I of Title III of Part II of Book I is supplemented by a V as follows:
    "V. ― Social withdrawals collected for the benefit of the National Health Insurance Fund for Employees.
    "Art. 1600-0 N.I. ― Persons subject to the value-added tax pursuant to section 256 A who make the first sale in France of medicines and health products defined in Part II of this section are subject to an annual tax collected for the benefit of the National Health Insurance Fund for Employees.
    “II. ― Medications and health products referred to in I are medicines and health products that have been registered within the meaning of articles L. 5121-13 and L. 5121-14-1 of the Public Health Code, of a marketing authorization issued by the agency referred to in Article L. 5311-1 within the meaning of Article L. 5121-8 of the same code, of a marketing authorization issued by the European Union within the meaning of Title II of Regulation (EC) No 726/2004 of the European Parliament and of the Council, of 31 March 2004, establishing community procedures for the authorization and human supervision in respect of the same
    "III. ― The tax base is constituted, for each drug or health product mentioned in the II, by the total amount excluding tax on the value added of sales, regardless of the capacity of the packagings in which these drugs or products are sold, carried out during the previous calendar year, excluding the sale of drugs and products that are exported outside the European Union, as well as sales of medicines and products shipped to another EU Member State
    "IV. ― The amount of the tax is fixed on a lump sum basis for each drug or health product referred to in II to:
    "(a) €499 for drugs or products whose turnover is between €1,000 and €76,000;
    "(b) €1,636 for drugs or products whose turnover is between €76,001 and €380,000;
    "c) €2,634 for medicines and products whose turnover is between €380,001 and €760,000;
    "(d) 3,890 € for drugs and products whose turnover is between 760,001 € and 1,500,000 €;
    "e) 6 583 € for drugs and products whose turnover is between 1,500,001 € and 5,000 €;
    "(f) 13 166 € for drugs and products whose turnover is between 5 000 001 € and 10 000 000 €;
    "(g) €19,749 for medicines and products whose turnover is between €10,000,001 and €15,000;
    "h) €26,332 for drugs and products whose turnover is between €15,000,001 and €30,000;
    "(i) €33,913 for drugs and products whose turnover is greater than €30,000.
    "V. ― The first sale in France within the meaning of I means the first sale involved after manufacture in France or after introduction to France from abroad of the medicines and health products mentioned in II.
    "The tax generator occurs at the first sale of each drug or health product mentioned in the same II. The tax is payable when making this generator fact.
    "Art. 1600-0 O. ― I.-People subject to the value added tax under section 256 A that makes the first sale in France of the devices defined in the II of this section is subject to an annual fee collected for the benefit of the National Health Insurance Fund of Employee Workers.
    “II. • The devices mentioned in I are the medical devices defined inArticle L. 5211-1 of the Public Health Code and in vitro diagnostic medical devices defined in Article L. 5221-1 of the same code.
    "III. ― The tax base consists of the total amount of sales of devices referred to in II, excluding value added tax, made in the previous calendar year, excluding sales of devices mentioned in the same II when exported outside the European Union or when they are shipped to another Member State of the European Union.
    "IV. – The tax rate is 0.29%.
    "V. ― The first sale in France within the meaning of I means the first sale involved after manufacture in France or after the introduction to France from abroad of devices mentioned in II.
    "The fact that the tax is generated comes at the first sale of the devices mentioned in the same II. The tax is payable when making this generator fact.
    "Art. 1600-0 P. ― I.-People subject to the value added tax under section 256 A that makes the first sale in France of the products defined in the II of this section is subject to an annual tax collected for the benefit of the National Health Insurance Fund of Employee Workers.
    “II. ― Products mentioned in I are cosmetic products defined inArticle L. 5131-1 of the Public Health Code.
    "III. ― The tax base consists of the total amount of sales of products referred to in II, excluding the value-added tax, made in the previous calendar year, excluding sales of goods mentioned in the same II when they are exported outside the European Union or when they are shipped to another Member State of the European Union.
    "IV. – The tax rate is 0.1%.
    "V. ― The first sale in France within the meaning of I means the first sale involved after manufacture in France or after introduction to France from abroad of products mentioned in II.
    "The fact that the tax is generated comes at the first sale of the products mentioned in the same II. The tax is payable when making this generator fact.
    "Art.1600-0 Q. ― I.-The tax refunds referred to in I of sections 1600-0 N, 1600-0 O and 1600-0 P declare these taxes on the schedule to the declaration referred to in section 287 and filed under the operations of the month of March or the first quarter of the calendar year. The amount of each of the taxes concerned shall be paid at the filing of the declaration.
    "Residents under the simplified taxation regime provided for in section 302 septies A declare and pay the taxes referred to in I of sections 1600-0 N, 1600-0 O and 1600-0 P when filing the declaration referred to in 3 of section 287.
    “II. ― The taxes referred to in I of sections 1600-0 N, 1600-0 O and 1600-0 P are found, recovered and controlled according to the same procedures and under the same sanctions, guarantees and privileges as the value added tax. Claims are filed, investigated and tried and the right to re-establish the administration is exercised in accordance with the rules applicable to the same tax.
    "III. ― Where the debtors of the taxes referred to in the same I are not established in a Member State of the European Union or in any other State Party to the Agreement on the European Economic Area and having entered into a tax agreement that contains an administrative assistance clause in order to combat tax fraud and tax evasion, they are required to credit to the relevant tax service a representative subject to the tax on the added value established in France who
    "This representative shall make available to the tax administration in a separate manner the accounting for the sales of medicines and health products referred to in Article 1600-0 N II and the sales of the devices referred to in Article 1600-0 O II and the products referred to in Article 1600-0 P II.
    "Art. 1600-0 R.-I. ― An annual fee is established for the benefit of the National Health Insurance Fund for Employees owed by the medical biology laboratories defined in theArticle L. 6212-1 of the Public Health Code of which all or part of the examinations are submitted, for the year in question, to the national quality control referred to in Article L. 6221-10 of the same code.
    “II. ― The amount of the tax referred to in I is fixed by decree in the maximum limit of 600 €.
    "III. ― Debts report the tax on the schedule to the statement referred to in section 287 and filed for the operations of the month of March or the first quarter of the calendar year. The fee is paid when the return is filed.
    "For debtors under the simplified tax regime provided for in section 302 septies A, the tax shall be declared and paid upon filing the return referred to in section 3 287.
    "IV. – The tax is found, recovered and controlled in the same procedures and under the same sanctions, guarantees and privileges as the value added tax. Claims are filed, investigated and tried and the right to retake of the administration is exercised according to the rules applicable to the same tax. » ;
    2° After section V quater of chapter III of the same title III, a quinquies section is inserted as follows:


    “Section V quinquies



    “Rights collected for the benefit of the National Fund
    health insurance for employees


    « Art. 1635 bis AE.-I. ― Is subordinate to the payment of a fee charged to the National Health Insurance Fund of the employed workers the deposit with the agency mentioned to theArticle L. 5311-1 of the Public Health Code of each:
    "1° Application for registration referred to in articles L. 5121-13 and L. 5121-14 of the same code, of each application for renewal or modification of that registration;
    « 2° Application for registration referred to in Article L. 5121-14-1 of the same code, of each application for renewal or modification of that registration;
    « 3° Application for a marketing authorization referred to in Article L. 5121-8 of the same code or of each renewal application or of each application or notification of modification of that authorization;
    « 4° Application for recognition by at least one other Member State of the European Union or a party to the agreement on the European Economic Area of a marketing authorization, issued by the Director General of the agency referred to in Article L. 5311-1, referred to in Article L. 5121-8 of the same code or of each request to amend that authorization;
    « 5° Application for parallel import authorization pursuant to Article L. 5124-13 of the same code and of each application for the modification or renewal of that authorization;
    « 6° Application for a visa or renewal of advertising visa referred to in articles L. 5122-8 and L. 5122-14 of the same code;
    « 7° Advertising deposit referred to in articles L. 5122-9 and L. 5122-14 of the same code.
    “II. ― The amount of the right due to deposits referred to in I shall be determined by decree within the maximum limit of:
    "(a) 7 600 € for requests mentioned in 1° of I;
    "(b) 21 000 € for the applications mentioned in 2° of I;
    "(c) 50,000 € for requests mentioned in 3° to 5° of I;
    "(d) 1 200 € for requests mentioned in 6° and 7° of I.
    "III. - The payment of the right is accompanied by a statement whose model is set by the administration. The right is recovered and controlled on the same guarantees and sanctions as with respect to registration rights. He's given out of payment. In the absence of production of the leave in support of its deposit to the agency or in the event of an insufficient payment, the record of the application is deemed incomplete and the advertisement referred to in 7° of the I is deemed not filed.
    "When the record of an application referred to in I is complete or the advertisement referred to in 7° of the same I is filed, the fee paid shall be refundable only to the fraction of its amount that the agency has previously found insufficient payment. » ;
    3° After the III of Article 1647, it is inserted a III bis as follows:
    "III bis. ∙ The State shall collect 0.5% of the amount of the taxes referred to in articles 1600-0 N, 1600-0 O, 1600-0 P and 1600-0 R and the amount of the duties referred to in article 1635 bis AE. »
    IV.-The VII of chapter III, section 2, of Part I of the Tax Procedures Book is supplemented by an 8°, as follows:
    « 8° Agency mentioned at theArticle L. 5311-1 of the Public Health Code.
    "Art. L. 166 D.-The administration responsible for the collection of taxes under sections 1600-0 N and 1600-0 O of the general tax code shall forward to the agency referred to at theArticle L. 5311-1 of the Public Health Code the data collected on the basis of the declarations of the debtors of these taxes, under the terms and conditions determined by decree: the name of the institution, the SIRET identifier, the address of the principal institution or the office of the debtor and the amount paid for each of the above-mentioned taxes. The recipients of the information transmitted shall be liable, for the data they have to know under this article, to the professional secrecy under the sanctions provided for in theArticle 226-13 of the Criminal Code. »
    V.-This section comes into force on January 1, 2012.
    VI.-By derogation from the provisions of this section, when, after 1 January 2012, the person finds an incorrect payment or the lack of payment by the debtor of any of the duties, taxes or royalties to be paid in 2011 or in previous and anticipated yearsArticle 23 of Act No. 2005-1720 of 30 December 2005 Corrigendum for 2005, sections L. 5121-15 to L. 5121-17, L. 5122-5, L. 5138-5, L. 5211-5-2, L. 5221-7, to the 3rd of Article L. 5321-2 and to theArticle L. 6221-11 of the Public Health Code, in their drafting effective 1 January 2011, the agency referred to in Article L. 5311-1 of the same code proceeds to the liquidation and recovery of the outstanding amounts to be collected or the reimbursement of the wrongly collected amounts in accordance with the provisions in force of the year in which the right, tax or royalty was due.

    Rule 27 Learn more about this article...


    I. ― After the second quinquies of Article 4 of Ordinance No. 96-50 of 24 January 1996 on the reimbursement of social debt, it is inserted a II sexies thus written:
    "II sexies. ― Coverage of the deficits in the 2009 and 2010 fiscal years of the branch referred to in the 3rd of Article L. 722-8 of the Rural and Maritime Fisheries Code is ensured, by 31 December 2011, by a transfer of 2,466,641,896.19 € from the Social Debt Fund to the Central Fund for Agricultural Social Mutuality. »
    II.-The Rural and Maritime Fisheries Code is amended as follows:
    1° Section L. 731-2 is amended as follows:
    (a) The 4°, 6° and 7° are repealed;
    (b) After the first occurrence of the word: "to", the end of the 5th is thus written: "43.7% of the product of the right of consumption on alcohols mentioned in article 403 of the same code; »
    2° Section L. 731-3 is amended as follows:
    (a) After the 2°, it is inserted a 2° bis as follows:
    « 2° bis The product of the right of consumption on intermediate products mentioned inArticle 402 bis of the General Tax Code ; »
    (b) At the beginning of the 3rd, the word "Le" is replaced by the words: "A fraction equal to 56.3 per cent of";
    (c) At the beginning of the 4th, the words: "A fraction equal to 34.4% of" are replaced by the word "Le";
    (d) After the 4°, are inserted from 4° bis and 4° ter as follows:
    « 4° bis The product of law on beer and non-alcoholic beverages mentioned inarticle 520 A of the general tax code ;
    « 4° ter The product of the contribution on alcoholic beverages institutedArticle L. 245-7 of the Social Security Code ;".

    Rule 28 Learn more about this article...


    I. ― As of January 1, 2013, employees and former employees of the Chamber of Commerce and Industry of Paris and their beneficiaries who had previously been under the special health insurance scheme of the staff of this institution are affiliated or taken over by the general social security system for health, maternity and death in accordance with the rules of the general social security system. This special regime is terminated from that date.
    A decree in the Council of State determines the modalities for the implementation of the transfer provided for in the first paragraph, including the modifications made necessary by this transfer to the rules relating to the rights to benefits of social insurance set out in Titles I to III and VI of Book III of the Social Security Code.
    A decree sets, for a transitional period beginning on January 1, 2013 and ending on or before December 31, 2018, the rate of contributions due each year by the Chamber of Commerce and Industry of the Region Paris Ile-de-France, due to the affiliation with the general social security scheme of the insured persons who previously fell under the special health insurance scheme of the Chamber of Commerce and Industry of Paris, to the general insurance scheme Articles L. 241-1 and L. 241-2 of the Social Security Code.
    II. - Affiliation and care by the general social security system of employees and former employees of the Chamber of Commerce and Industry of Paris and their beneficiaries who were under the special disability insurance scheme of the staff of this institution, as provided for in theArticle 70 of Act No. 2005-882 of 2 August 2005 for small and medium-sized enterprises, effective 1 January 2013. This special regime is terminated on the same date.

    Rule 29 Learn more about this article...


    In the first paragraph of Article L. 642-4 of the Social Security Code, the words "at the Old Age Allowance Fund" are replaced by the words: "to the supplementary scheme established under Article L. 644-1, for profit".

    Rule 30 Learn more about this article...


    The amount of € 3.1 billion is approved, corresponding to the compensation for exemptions, reductions or reductions in contributions or social security contributions, referred to in Schedule 5 attached to the Social Security Financing Bill for 2012.

  • Section 2: Revenue forecasts and balance tables Rule 31 Learn more about this article...


    For the year 2012, the revenue forecasts, by category in the statement in Appendix C to this Act, are determined:
    1° For all compulsory basic social security regimes and by branch to:


    (In billions of euros)




    PREVISIONS OF RECETTES

    Disease

    180.4

    Old age

    202,6

    Family

    54.4

    Occupational accidents and diseases

    13.4

    All branches (excluding transfers between branches)

    440.2


    2° For the general social security system and by branch to:


    (In billions of euros)




    PREVISIONS OF RECETTES

    Disease

    155.7

    Old age

    104,7

    Family

    53.9

    Occupational accidents and diseases

    12.0

    All branches (excluding transfers between branches)

    316,7


    3° For organizations involved in financing mandatory basic social security schemes to:


    (In billions of euros)




    PREVISIONS OF RECETTES

    Old-age solidarity fund

    14.2

    Rule 32 Learn more about this article...


    For the year 2012, the balance sheet, by branch, of all mandatory basic social security schemes is approved:


    (In billions of euros)




    PREVISIONS
    income
    OBJECTIVES
    expenditure
    SOLD

    Disease

    180.4

    186.2

    5.8

    Old age

    202,6

    210.4

    ― 7.8

    Family

    54.4

    56.5

    2.0

    Occupational accidents and diseases

    13.4

    13.3

    0.1

    All branches (excluding transfers between branches)

    440.2

    455.8

    - 15.6

    Rule 33 Learn more about this article...


    For the year 2012, the branch-specific balance sheet of the general social security system is approved:


    (In billions of euros)




    PREVISIONS
    income
    OBJECTIVES
    expenditure
    SOLD

    Disease

    155.7

    161.6

    5.9

    Old age

    104,7

    110.6

    5.9

    Family

    53.9

    56.0

    2.0

    Occupational accidents and diseases

    12.0

    11.9

    0.0

    All branches (excluding transfers between branches)

    316,7

    330,5

    13.8

    Rule 34 Learn more about this article...


    For the year 2012, the equilibrium table for organizations involved in financing mandatory basic social security schemes is approved:


    (In billions of euros)




    PREVISIONS
    income
    OBJECTIVES
    expenditure
    SOLD

    Old-age solidarity fund

    14.2

    18.3

    4.1

    Rule 35 Learn more about this article...


    I. ― For the year 2012, the social debt amortization objective by the Social Debt Fund is set at 11.1 billion euros.
    II. ― For the year 2012, revenue forecasts per category assigned to the Retirement Reserve Fund are set to:


    (In billions of euros)




    PREVISIONS OF RECETTES

    Apportionment

    0

    Total

    0


    III. ― For the year 2012, the revenue projections by category reserve by the Old Age Solidarity Fund are set to:


    (In billions of euros)




    PREVISIONS OF RECETTES

    Affected tax revenues

    0.4

    Total

    0.4

    Rule 36 Learn more about this article...


    The report is approved in Appendix B to this Act describing, for the next four years (2012-2015), the revenue forecasts and spending targets per branch of the mandatory basic plans and the general plan, the revenue and expenditure forecasts of the organizations involved in the financing of these plans and the national objective of health insurance expenditures.

  • Section 3: Provisions relating to recovery, cash and accounting Rule 37 Learn more about this article...


    I. ― Article L. 131-6 of the Social Security Code is amended as follows:
    1° The first two paragraphs are thus drafted:
    "The health and maternity insurance contributions, family allowances and old-age insurance of non-agricultural self-employed persons are based on their non-earmarked income.
    "This income is the one for the calculation of income tax, without taking into account long-term surplus-values and less-values, short-term deferrals, exemptions and multipliers mentioned in 7 of Article 158 of the General Tax Code. In addition, contributions to the optional plans referred to in the second paragraph of article 154 bis, paragraph I, of the same code are allowed in deduction only for insured persons who have joined the plans in question before 13 February 1994. » ;
    2° After the third preambular paragraph, a sub-item reads as follows:
    "For non-agricultural self-employed persons who apply section 2 of Chapter VI of Title II of Book V of the Commercial Code and are subject to corporate tax, the activity income taken into account also incorporates the share of the revenues referred to in articles 108 to 115 of the General Tax Code which exceeds 10% of the amount of the value of the assets of the affected assets recorded at the end of the year or the share of those revenues that exceeds 10% of the amount of the net profit within the meaning of section 38 of the same code if the latter amount is higher. A decree in the Council of State specifies the procedure for the application of this paragraph. » ;
    3° The last three paragraphs are deleted.
    II. - In the first paragraph of Article L. 131-6-1 of the same code, the references: "to the fifth and last paragraphs of Article L. 131-6, to the third and fourth paragraphs of Article L. 136-3" are replaced by the reference: "to Article L. 131-6-2".
    III. - In the same code, an article L. 131-6-2 is reinstated as follows:
    "Art. L. 131-6-2. - Contributions are due annually.
    "They are computed as a percentage of the activity income of the last year. For the first two years of activity, provisional contributions are calculated on a flat income fixed by decree after consultation with the boards of the social security organizations concerned.
    "When business income is permanently known, contributions are subject to regularization.
    "By derogation from the second paragraph, upon request of the contributor, the provisional contributions may be calculated on the basis of the last known activity income or on the basis of the estimated income of the current year. Where the final income exceeds more than one third of the income estimated by the contributor, a delay increase is applied on the difference between the reserve contributions calculated under the common law conditions and the provisional contributions calculated on the basis of the estimated income, unless the elements in the possession of the contributor at the time of the claim justified its estimate. The amount and conditions of application of this increase are set by decree.
    "When the data required for the calculation of the contributions have not been transmitted, they are calculated under the conditions set out in section L. 242-12-1. »
    IV. - Section 6 of chapter II of title IV of book II of the same code is supplemented by an article L. 242-12-1, as follows:
    "Art. L. 242-12-1. - Where the data required for the calculation of contributions have not been transmitted, the data shall be calculated on a provisional basis by the organizations responsible for the collection on a larger basis determined by reference to the last known data or on a lump sum basis.
    "In this case, there is no exemption that the contributor could benefit from.
    "The contributor remains required to provide the data referred to in the first paragraph. Subject to the fact that it continues to meet any conditions, the amount of the contributions ultimately due then takes into account the applicable exemptions. In addition, the contributor is liable for a penalty calculated on that amount and recovered under the same guarantees and penalties as these contributions.
    "The terms and conditions for the application of this article are set by decree in the Council of State. »
    V. - Article I L. 133-6-2 of the same code is as follows:
    "I. ― Self-employed persons under the social system of the independents subscribe to a statement for the calculation of their social contributions and contributions. The social regime of the independents may delegate, by agreement, all or part of the collection and processing of these declarations to the collection bodies referred to in Articles L. 213-1 and L. 752-4 and, for self-employed persons under section L. 613-1, to the organizations referred to in Article L. 611-20.
    "When the declaration provided for in the first paragraph of this I is made by dematerialized means, the independent worker may simultaneously request that the regulation referred to in Article L. 131-6-2 be carried out without delay. A decree sets out the conditions under which this regulation is made and the lump sum amount served as an interest to the independent worker who chooses to settle the amounts due immediately. »
    VI. - In the first paragraph of Article L. 133-6-8 of the same code, the references: "to the fifth and last paragraphs of Article L. 131-6" are replaced by the reference: "to Article L. 131-6-2".
    VII. - Section L. 136-3 of the same code is amended as follows:
    1° In the first paragraph, the words "employers and" are deleted;
    2° In the second sentence of the second paragraph, the words "of the employer and" are deleted;
    3° The third paragraph reads as follows:
    "The contribution is due annually under the conditions set out in sections L. 131-6-1, L. 131-6-2 and L. 133-6-8, as well as by their regulatory provisions of application in their drafting in force on the date of the publication of the latest Social Security Financing Act. » ;
    4° The last four paragraphs are deleted.
    VIII. - Article L. 136-4 of the same code is amended as follows:
    A. ― I is amended as follows:
    1° In the first paragraph, the words: "subject to section L. 731-14" are replaced by the words: "as determined under sections L. 731-14 to L. 731-15";
    2° The last sentence of the second paragraph is deleted;
    3° The first, second and last sentences of the third subparagraph are deleted;
    4° The penultimate sentence of the same third paragraph is thus amended:
    (a) The words: "deductions, cuts and exemptions mentioned in articles 44 sexies, 44 sexies A, 44 undecies, 44 terdecies, 44 quaterdecies, 73 B and 151 septies A of the same code," are deleted;
    (b) The word: "spouse" is replaced by the words: "Operational collaborator or agricultural enterprise";
    5° The fourth preambular paragraph is deleted;
    6° The last two sub-items are replaced by a sub-item:
    "Section L. 731-22 of the Rural and Maritime Fisheries Code is applicable to the calculation and recovery of the contribution. »
    B. ∙ VI is thus written:
    "VI. ― Section L. 731-18 of the Rural and Maritime Fisheries Code is applicable to the calculation of the contribution. »
    IX. - Article L. 242-11 of the same code is amended as follows:
    1° In the first sentence of the first paragraph, the words "employees and" are deleted and the reference: "of article L. 131-6" is replaced by the references: "of articles L. 131-6, L. 131-6-1 and L. 131-6-2";
    2° In the first sentence of the second paragraph, the word "persons" is replaced by the words "independent workers", the word "professional" is replaced by the words "activity" and the words "independent workers" are replaced by the word "the ones".
    X. - Article L. 612-4 of the same code is amended as follows:
    1° The first paragraph is amended to read:
    (a) The words: "defined in accordance with the provisions of Article L. 131-6 and calculated" are replaced by the words: "calculated in accordance with the provisions of Articles L. 131-6, L. 131-6-1 and L. 131-6-2",
    (b) Is added a sentence as follows:
    "They cannot be less than an amount fixed by decree. » ;
    2° The last four paragraphs are deleted.
    XI. - In the second paragraph of Article L. 612-9 of the same code, the word "third" is replaced by the word "last".
    XII. - Section L. 613-1 of the same code is amended as follows:
    1° In the first and second paragraphs, the words "non-workers" are replaced by the word "independent";
    2° It is added an 8° as follows:
    « 8° Persons engaged in direct or indirect renting of furnished or rented accommodations for professional rent VII of Article 151 septies of the General Tax Codeexcluding those under Article L. 722-1 of the Rural Code and Maritime Fisheries. »
    XIII. - Section L. 613-8-1 of the same code is repealed.
    XIV. - Article L. 633-10 of the same code is amended as follows:
    1° The first paragraph is amended to read:
    (a) The words: "defined in accordance with the provisions of Article L. 131-6 and calculated" are replaced by the words: "calculated in accordance with the provisions of Articles L. 131-6, L. 131-6-1 and L. 131-6-2",
    (b) Is added a sentence as follows:
    "They cannot be less than an amount fixed by decree. » ;
    2° The fourth and fifth preambular paragraphs are deleted;
    3° At 1° and, twice, at 2°, the word "professional" is replaced by the words "activity".
    XV. - In the third paragraph of Article L. 635-1 and the second paragraph of Article L. 635-5 of the same code, the word "professional" is replaced by the words "activity".
    XVI. - In the fifth paragraph of article L. 642-1 of the same code, in the first sentence, the words "non-working professionals" are deleted and, in the second sentence, the words "occupational income" are replaced by the words "activity income".
    XVII. - Article L. 642-2 of the same code is amended as follows:
    1° At the end of the first sentence of the first paragraph, the words: "non-employed professional or, where applicable, on flat income" are replaced by the words: "activity and calculated under the conditions defined in articles L. 131-6, L. 131-6-1 and L. 131-6-2";
    2° The last seven paragraphs are deleted.
    XVIII. - At the first sentence of the penultimate paragraph of Article L. 642-2-1 of the same code, the references: "of the fifth, sixth and seventh paragraphs" are deleted.
    XIX. - In the last sentence of the first paragraph of Article L. 645-2 of the same code, the word "professional" is replaced by the words "activity".
    XX. - In the first paragraph of Article L. 652-6 of the same code, the words "non-workers of professions" are replaced by the word "independent".
    XXI. ― At the first sentence of Article L. 722-4 of the same code, the words "in accordance with the second to fourth paragraphs" are replaced by the words "in application".
    XXII. ― In the second paragraph of Article L. 723-5 of the same code, the words: "professionals of the last year as defined in the second and third paragraphs of Article L. 131-6" are replaced by the words: "defined under Articles L. 131-6, L. 131-6-1 and L. 131-6-2".
    XXIII. ― In the first paragraph of Article L. 723-15 of the same code, the words "professional as defined in the second and third paragraphs of Article L. 131-6" are replaced by the words "defined under Articles L. 131-6, L. 131-6-1 and L. 131-6-2";
    XXIV. ― At the first sentence of Article L. 756-4 of the same code, the word "third" is replaced by the word "last".
    XXV. ― Section L. 756-5 of the same code is amended as follows:
    1° In the first paragraph, the references: "of Article L. 242-11, of the first paragraph of Article L. 612-4, of the first paragraph of Article L. 633-10 and of the first and fifth paragraphs of Article L. 131-6" are replaced by the references: "of the first three paragraphs of Article L. 131-6-2", the words: "non-workers" are replaced by the words: "self-employed"
    2° In the same first paragraph, after the reference: "L. 751-1", the words are inserted: ", with the exception of those covered by the organizations referred to in Articles L. 642-1 and L. 723-1,"
    3° In the second paragraph, the words "non-employed" are replaced by the word "independent" and, after the word "contributions", are inserted the words ", with the exception of those recovered by the organizations mentioned in articles L. 642-1 and L. 723-1."
    XXVI. ― Sections L. 131-6-3 and L. 612-5 of the same code are repealed.
    XXVII. ― Article L. 722-1-1 of the same code is supplemented by a paragraph as follows:
    "Pedicures-podologists who exercise their professional activity under the conditions mentioned in the 3rd of Article L. 722-1 may also, by derogation from the same 3rd, apply to be affiliated with the health and maternity insurance scheme of workers independent of non-agricultural occupations at the time of their start of activity. »
    XXVIII. ― At 5° of I of Article L. 162-14-1 of the same code, after the reference: "L. 242-11", is inserted the reference: "L. 612-1,".
    XXIX. ― As a transitional measure, the application referred to in last paragraph of Article L. 722-1-1 of the Social Security Code is open to pedicures-podologists affiliated to the regime referred to in section L. 722-1 of the same code on the date of publication of this Act. To this end, they must send a letter indicating their choice to the organization in charge of the recovery of the contributions of the general plan on which they depend and the social plan of the independents by March 31, 2012.

    Rule 38 Learn more about this article...


    Article L. 725-21 of the Rural and Maritime Fisheries Code is thus restored:
    "Art. L. 725-21.-In the event of recidivism under the conditions provided for in Articles L. 244-4 and L. 244-6 of the Social Security Codethe employer who has unduly retained the worker's pre-paid wage contribution pursuant to Article L. 741-20 of this Code shall be punished by the penalties provided for in Articles L. 244-5 and L. 244-6 of the Social Security Code. »

    Rule 39 Learn more about this article...


    I. ― Section 1 of chapter III bis of title III of Book I of the Social Security Code is supplemented by an article L. 133-5-4, as follows:
    "Art. L. 133-5-4. - I. ― Any employer of employed or assimilated personnel other than agricultural employees and employees mentioned to the employeeArticle L. 1271-1 of the Labour Code is required to address, by 31 January of each year, an annual statement of social data to an organization designated by decree highlighting the amount of remuneration paid to each employee or assimilated in the previous year.
    "The data in this statement are used to open and calculate the employee's rights to social insurance, to verify the employer's social contribution declarations, to determine the rate of certain contributions, and to the performance by the receiving administrations and organizations of their missions. Through this single statement, the employer fulfills the statements referred to in Articles 87, 240 and 241 of the General Tax Code and Articles L. 1221-18, L. 1441-8 and L. 5212-5 of the Labour Code and the declarations listed by decree.
    “II. ― The annual social reporting is carried out electronically according to a standard of exchanges that can be used for other declarations, approved by joint decree of ministers responsible for budget and social security. However, it can be done through a form approved by joint order of the same ministers.
    "III. ― Where the elements already reported for a calendar year to one of the organizations referred to in sections L. 213-1 and L. 752-4 differ from those to be included on the annual social data return, the employer shall issue a regularization statement to the employer and, where applicable, the supplementary contribution and contribution payment, no later than the date referred to in I of this section.
    "IV. ― The failure to produce one of the statements referred to in I and III within the prescribed time limits, the failure of the data to appear or the inaccuracy of the reported data results in the application of a penalty.
    "This penalty is set by decree in the Council of State within 1.5 per cent of the current monthly social security ceiling, rounded to the upper euro, for each employee or assimilated for which the failure to declare, omission or inaccuracy is noted.
    "It is recovered and controlled by the organizations referred to in articles L. 213-1 and L. 752-4, according to the rules and guarantees and sanctions applicable to the recovery of seated contributions on remuneration. »
    II. - In the last paragraph of Article L. 244-3 of the same code, the words: "repecified transcripts of contributions" are replaced by the words: "mandatory declarations relating to social contributions and contributions".
    III. - I of this section shall apply for the first time in respect of remuneration paid in 2012. However, a decree may defer the first application to the extent of compensation paid in the year 2015 for all or part of employers of personnel under the special plans referred to in theArticle L. 711-1 of the Social Security Code.

    Rule 40 Learn more about this article...


    I. ― The Social Security Code is thus amended:
    1° Article L. 133-8-3 becomes Article L. 133-8-4;
    2° Sub-section 1 of section 4 of chapter III bis of title III of Book I is supplemented by an article L. 133-8-3 as re-established:
    "Art. 133-8-3.-Where the employer benefits from taking care of social contributions and contributions as a beneficiary of the allowance provided for in section L. 232-1 of the code of social action and of families or that provided for in section L. 245-1 of the same code and that this allowance is paid in the form of a pre-finished universal employment cheque, the amount of such coverage is determined by The terms and conditions for the payment of the contributions and contributions, directly to that agency, by the department that serves the allowance on behalf of the employer and, if applicable, by the employer for the portion that remains in the employer's office are provided by decree. » ;
    3° In the second sentence of Article L. 241-17, the reference: "L. 133-8-3" is replaced by the reference: "L. 133-8-4".
    II.-A the second sentence of Article L. 1272-5 of the Labour Code, the reference: "L. 133-8-3" is replaced by the reference: "L. 133-8-4".

    Rule 41 Learn more about this article...


    I. ― Article L. 243-7 of the Social Security Code is amended as follows:
    1° In the first sentence of the first paragraph, after the word "public" the words "including the services of the State other than those mentioned in the fourth paragraph" are inserted;
    2° The last three preambular paragraphs are replaced by a subparagraph:
    "The Court of Auditors is competent to monitor the application of the provisions of this Code in respect of social contributions and contributions to the members of the Government, their employees [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011]. For the purposes of this mission, the Court of Auditors requires, as appropriate, the assistance of the organizations referred to in the first paragraph, including the provision of recovery inspectors. The results of these audits are transmitted to these same organizations for collection purposes. By derogation from the provisions of this paragraph, control over the application by the Court of accounts of the provisions of this Code in respect of social contributions and contributions shall be provided by the recovery agency to which it reports. »
    II.-Section L. 111-6 of the Financial Courts Code is repealed.

    Rule 42 Learn more about this article...


    I. ― Title III of Book I of the Social Security Code is supplemented by a chapter IX ter as follows:


    “Chapter IX ter



    “Financial risk management


    "Art. 139-3.-The non-permanent resources to which the mandatory basic social security regimes and the organizations involved in their financing may consist of cash advances or borrowings incurred for a period of less than or equal to twelve months with the Caisse des dépôts et consignations or of one or more credit institutions approved in a Member State of the European Union or in another State Party to the Agreement on the
    "However, the Central Agency for Social Security Organizations is also authorized to issue negotiable debt securities under the same conditions of time. Its programme of issuance is approved annually by the ministers responsible for its guardianship.
    "These provisions are without prejudice to loans and advances that may be made to the plans and organizations referred to in the first paragraph of this article, under the same conditions of approval and duration, by a managerial body of a compulsory social protection regime or by an organization or fund referred to in 8th of Article LO 111-4.
    "Art. L. 139-4.- Mandatory basic social security plans, organizations that contribute to their financing and organizations that finance and manage expenditures under the national objective of health insurance expenses may only place their availability in excess of their cash requirements in assets that are achievable at maturity compatible with the expected duration of these availability.
    "Art. L. 139-5.-The Government shall annually transmit to Parliament the results of a contractual audit of the liquidity risk management policy implemented by the Central Agency of Social Security Agencies, including through its trade-offs and the investment of its surpluses. »
    II.-Section 1 of chapter V of title II of Book II of the same code is supplemented by an article L. 225-1-4 as follows:
    "Art. L. 225-1-4.- Within the limits of the non-permanent resource limits established pursuant to the e of 2° of the C of Article LO 111-3, the Central Agency of Social Security Organizations may, on an exceptional basis and against remuneration, grant advances of less than one month to the basic plans other than the general regime, as well as to the organizations and funds mentioned in 8° of the III of the budgeted course of the agency concerned,
    "To determine the conditions of each advance, a convention is concluded between the agency and the plan, agency or fund concerned. The convention is subject to the approval of ministers responsible for social security, the economy and the budget. »

    Rule 43 Learn more about this article...


    After Article LO 132-2-1 of the Financial Courts Code, an article L. 132-2-2 is inserted as follows:
    "Art. L. 132-2-2.-For the performance of the mission referred to in section LO 132-2-1, members and staff of the Court of Auditors may review the operations of the organizations and plans referred to in section LO 132-2-1.Article L. 114-8 of the Social Security Code and the body referred to in Article L. 135-6 of the same code on behalf of the branches and the recovery activity of the general social security regime. »

    Rule 44 Learn more about this article...


    Non-permanent resources are authorized to meet their cash requirements for the core mandatory plans and the organizations contributing to their funding set out in the table below, within the limits indicated:


    (In billions of euros)




    LIMITED MONTANTS

    General diet ― Central Social Security Agency

    22 000

    Farmer Regime ― Central Fund for Agricultural Social Community

    2 900

    National Pension Fund for Local Government Officers

    1 450

    Special Fund for Workers' Pensions of State Industrial Institutions

    50

    National Independent Mining Social Security Fund

    900

    National Electrical and Gas Industry Fund

    600

    Staff pension and pension fund of the Société nationale des chemins de fer français

    650

    Pension Fund for the staff of the Régie autonome des transports parisiens

    50


    As a derogatory, the French National Railway Corporation's staff pension and pension plan is authorized to use non-permanent resources within the limit of €1,600 million from 1 to 15 January and from 15 to 31 December 2012.

    • PART IV: PROVISIONS RELATING TO EXPENDITURE NAA 2012
  • Section 1: Provisions for Health Insurance Expenditures Rule 45 Learn more about this article...


    I. ― Article L. 323-3 of the Social Security Code is amended as follows:
    1° The first paragraph is as follows:
    "In the event of a resumption of part-time work on a therapeutic basis immediately following a full-time compensation period, a daily allowance shall be served in whole or in part, within the limits provided for in the penultimate paragraph of this article, for a period fixed by the caisse but not exceeding a period determined by decree:"
    2° In the last paragraph, the word "maintained" is replaced by the word "served";
    3° It is added a paragraph to read:
    "The requirement for a full-time compensation period immediately preceding the part-time recovery is not enforceable to insured persons with a condition leading to the application of the procedure provided for in Article L. 324-1, as long as the impossibility of continuing the full-time activity results from this condition. »
    II.-The third paragraph of Article L. 433-1 of the same code is amended as follows:
    1° In the first sentence, the words: "may be maintained" are replaced by the words: "is served";
    2° After the first sentence, a sentence is inserted as follows:
    "The resumption of full-time work is not an obstacle to the subsequent payment of this allowance in the event of light work authorized by the attending physician under the same conditions. » ;
    3° In the second sentence, the word "maintained" is replaced by the word "served".

    Rule 46 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Rule 47 Learn more about this article...


    I. ― Article L. 161-37 of the same code is amended as follows:
    1° The second sentence of the 1° is replaced by three sentences as follows:
    "For this purpose, it also issues a notice on the terms and conditions of limitation, enforcement or employment of health acts, products or benefits as well as on their efficiency. It carries out or validates, in particular, the medical and economic studies necessary for the evaluation of health products and technologies. A decree in the Council of State specifies the cases in which this medico-economic assessment is required, in particular because of the improvement of the medical service rendered by the product or technology and the predictable costs of its use or prescription, and the conditions under which it is carried out, including the criteria of appreciation and the applicable deadlines. » ;
    2° After the 7°, it is inserted an 8° as follows:
    « 8° Coordinate the development and dissemination of appropriate information on the quality of care in health facilities for users and their representatives. » ;
    3° The twelfth preambular paragraph reads as follows:
    "In the context of the missions entrusted to the High Health Authority, a specialized commission of the High Authority, distinct from the commissions mentioned to the Articles L. 5123-3 of the Public Health Code and L. 165-1 of this Code is responsible for establishing and disseminating medico-economic recommendations and advice on the most efficient care, prescription or care strategies. »
    II.-After the same article L. 161-37, an article L. 161-37-1 is inserted as follows:
    "Art. L. 161-37-1.-Any application for registration and renewal of registration of a health product on the lists set out in sections L. 162-17 and L. 165-1 of this Code and L. 5123-2 of Public Health Code for which a medico-economic assessment is required pursuant to the 1st of Article L. 161-37 of this Code is accompanied by the payment by the applicant of an additional fee whose scale is fixed by decree within the limit of 5,580 €.
    "Its amount is paid to the High Health Authority. This tax is recovered in accordance with the procedures for the collection of claims of State administrative institutions. »
    III.-Article L. 161-41 of the same code is amended as follows:
    1° In the second paragraph, the reference: "and L. 165-1" is replaced by the references: ", L. 165-1 and L. 161-37";
    2° It is added a paragraph to read:
    "The name, composition and operating rules of the specialized commission referred to in the thirteenth paragraph of Article L. 161-37 are defined by the High Health Authority. »
    IV.-The 5th of Article L. 161-45 of the same code is thus written:
    « 5° The amount of taxes referred to in sections L. 161-37-1 and L. 165-11 of this code as well as to Articles L. 5123-5 and L. 5211-5-1 of the Public Health Code ;".
    V.-A the second sentence of the first paragraph of Article L. 162-16-4 of the same code, after the words "the drug", are inserted the words "if any of the results of the medico-economic assessment".
    VI.-A the last sentence of the second paragraph of Article L. 162-16-5 of the same code, the words: "and the improvement of the medical service provided by the drug appreciated by the commission provided for in Article L. 5123-3 of the same code" are replaced by the words: ", of the improvement of the medical service provided by the drug appreciated by the commission provided for in Article L. 5123-3 of the same code and, if applicable,
    VII.-After the word "pharmaceutical", the end of the last sentence of the first paragraph of article L. 162-16-6 of the same code is thus written: ", from the improvement of the medical service provided by the specialty appreciated by the commission provided for in the commissionArticle L. 5123-3 of the Public Health Code and, where applicable, results of the medico-economic evaluation. »
    VIII.-At 4° bis of Article L. 162-17-4 of the same code, after the words "poco-epidemiological" are inserted the words "and medico-economic studies".
    IX.-In the last paragraph of Article L. 165-2 of the same code, after the word "the latter", the words "if any, of the results of the medico-economic assessment".
    X.-At the 2nd of Article L. 165-3 of the same code, the words "follow-up" are replaced by the words ", including medico-economic studies,".
    XI.-After the IV of Article L. 165-11 of the same code, in its drafting from the law on strengthening the health safety of the drug and health products, it is inserted a IV bis as follows:
    "IV bis. ― Any application for registration, renewal of registration or modification of registration of a health product on the list provided for in I shall be accompanied by the payment of a tax whose scale is fixed by decree within the limit of 5,580 €.
    "Its amount is paid to the High Health Authority. This tax is recovered in accordance with the procedures for the collection of claims of State administrative institutions. »
    XII.-The Public Health Code is amended as follows:
    1° In the first sentence of the second paragraph of Article L. 5123-5, the amount "4 600 euros" is replaced by the amount "5 600 €";
    2° At the end of the first paragraph of Article L. 5211-5-1, the amount "4,580 euros" is replaced by the amount "5,580 €".

    Rule 48 Learn more about this article...


    The first paragraph of Article L. 162-16-4 of the Social Security Code is supplemented by a sentence as follows:
    "When fixing the drug price is based on an assessment of the improvement of the medical service made different from that of the commission mentioned at theArticle L. 5123-3 of the Public Health Code, the Economic Committee for Health Products makes known to the Commission the reasons for its assessment. »

    Rule 49 Learn more about this article...


    The I of Article 44 of Law No. 2007-1786 of 19 December 2007 of Social Security Financing for 2008 is thus amended:
    1° In the first paragraph, the word "five" is replaced by the word "six";
    2° It is added a paragraph to read:
    "The agreements between health insurance and health care professionals and the national agreement referred to in theArticle L. 162-32-1 of the Social Security Code may provide, effective January 1, 2014, for the multi-professional exercise on the basis of the results of the evaluation of the experiments. »

    Rule 50 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Rule 51 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Rule 52 Learn more about this article...


    The b of the 5th of Article L. 5121-1 of the Public Health Code is supplemented by a paragraph as follows:
    "For the purposes of this b, following the advice of the Director General of the National Agency for the Safety of Medicine and Health Products, specialties whose active ingredient is of vegetable or mineral origin have the same quantitative composition as this active ingredient and which have a therapeutic activity equivalent to that of the reference specialty, provided that these specialties and the reference specialty do not have substantially different properties in the regard of the reference specialty or "

    Rule 53 Learn more about this article...


    The second sentence of the first paragraph of Article L. 162-1-17 of the Social Security Code is supplemented by the words: ", after notice of the regional federations representative of public and private health institutions".

    Rule 54 Learn more about this article...


    After the 18th of the article L. 322-3 of the same code, it is inserted a 19th grade as follows:
    « 19° For transportation costs related to care or treatment in the centres referred to in 3° of I of Article L. 312-1 of the code of social action and of the families and the educational medico-psycho centres authorized under conditions prescribed by regulation, after prior agreement of the agency that serves the services, under the conditions provided for in 2° of Article L. 321-1 and Article L. 322-5 of this Code. »

    Rule 55 Learn more about this article...


    I. ― The first sentence of Article 27 III of Law No. 2010-1594 of 20 December 2010 on social security financing for 2011 is deleted.
    II.-The Social Security Code is amended as follows:
    1° At the end of the first sentence of the first paragraph of Article L. 863-1, the rate: "30%" is replaced by the rate: "35%";
    2° In the first paragraph of Article L. 871-1, the references: "and 13°, 15° and 16° of Article 995" are replaced by the references: ", 13° of Article 995 and 2° bis of Article 1001";
    3° Chapter III of Book VIII title VI is supplemented by an article L. 863-7, as follows:
    "Art. L. 863-7. ― Benefiting from the label "Label ACS" the complementary health insurance contracts offering benefits tailored to the specific needs of the people concerned. The terms and conditions of this labelling are determined by a convention concluded, after the opinion of the Autorité de la concurrence, between the State, the fund mentioned in the first paragraph of Article L. 862-1 and the National Union of Additional Health Insurance Agencies referred to in Article L. 182-3. The fund referred to in the first paragraph of Article L. 862-1 establishes, under conditions defined by decree, the list of mutual funds, institutions of foresight and enterprises governed by the insurance code offering such contracts. The health insurance funds communicate this list to the beneficiaries of the certificate of the right using supplementary health insurance. »
    III.-(1) of this section applies to decisions referred to in first paragraph of Article L. 863-3 of the Social Security Code effective 1 January 2012.

    Rule 56 Learn more about this article...


    I. ― In the absence of a conclusion, one month after the coming into force of this Act, of a conventional assent for physicians exercising a surgical, obstetrical or anaesthetic-resuscitation specialty authorized to practice different fees from the rates set out in the medical agreement provided for inArticle L. 162-5 of the Social Security Code and allowing them to practice in a supervised manner the excesses of fees for a part of their activity, the ministers responsible for health and social security shall, for that purpose and for a period of two months, have the power to amend by order the national convention of general practitioners and specialists concluded on 26 July 2011, bearing, inter alia, at 50% the rate of supervision of the excesses of fees mentioned in the third paragraph of Article 26 of the Convention of July 2011Article L. 162-5 of the Social Security Code.
    II. - Article L. 871-1 of the Social Security Code is supplemented by a paragraph to read as follows:
    "They also provide for the provision of overpayments of fees on the rate of acts and consultations of physicians authorized to perform overtakings of fees under the supervision of I of Article 56 of Act No. 2011-1906 of 21 December 2011 the maximum rate of overtaking of fees authorized by the said treaty provisions for 2012 is higher. »
    III. - II comes into force in conjunction with the provisions under I for contracts and regulations relating to guarantees relating to the reimbursement or compensation of health care expenses incurred by illness, maternity or accident, concluded or renewed after that entry into force.

    Rule 57 Learn more about this article...


    After the second paragraph of Article L. 6114-3 of the Public Health Code, a paragraph is inserted to read as follows:
    "They set, in accordance with the ethics of the health professions, targets based on performance indicators relating to the conditions of management of health facilities, patient care and adaptation to changes in the health system, the list and characteristics of which are set by decree, after consultation with the High Health Authority, the National Agency for Supporting the Performance of Public Health and Medical Hospital Institutions Results from these indicators are published annually by health institutions. In the event of a lack of advertising of the results of the indicators or when the targets have not been met, the Director General of the Regional Health Agency may apply the last paragraph of section L. 6114-1. When the targets have been met or exceeded, the Director General of the Regional Health Agency may decide on the payment of a financial counterpart, on terms and conditions fixed by decree. »

    Rule 58 Learn more about this article...


    I. ― Article L. 6211-21 of the same code is as follows:
    "Art. L. 6211-21.- Subject to agreements or conventions that may be passed with health insurance plans or organizations or health institutions or health cooperation groups referred to in Article L. 6133-1 and subject to cooperation contracts referred to in Article L. 6212-6, medical biology examinations shall be charged at the rate of the nomenclature of medical biology acts taken under Article L. 6212-6. Articles L. 162-1-7 and L. 162-1-7-1 of the Social Security Code. »
    II.-The IV of section 8 of Order No. 2010-49 of 13 January 2010 on medical biology is repealed.

    Rule 59 Learn more about this article...


    Article L. 162-21-3 of the Social Security Code is amended as follows:
    1° The first paragraph is amended to read:
    (a) In the first sentence, the words: "for a period of five years beginning January 1, 2007," are deleted;
    (b) The second sentence is deleted;
    2° In the second paragraph, the words: " Throughout the year health insurance expenses related to hospitalization costs based on the cost of hospitalization" are replaced by the words: "Health insurance expenses related to hospitalization fees and the financial situation of public and private health institutions. It is based in particular."

    Rule 60 Learn more about this article...


    I. ― Section L. 162-22-7-2 of the same code is amended as follows:
    1° After the reference: "L. 162-21-2", the end of the first paragraph is as follows: "two predictive rates of evolution of health insurance expenses related to these pharmaceutical specialties and these products and services respectively. » ;
    2° In the second paragraph, the words: "of this" are replaced by the words: "at least one of these";
    3° The same second paragraph is supplemented by a sentence as follows:
    "This action plan is attached to the contract for the good use of medicines and products and benefits. »
    II. - The 1° and 2° of I apply for the first time in respect of health expenses for the year 2012. The 3° of the same I applies effective January 1, 2013.

    Rule 61 Learn more about this article...


    I. ― The same code is amended:
    1° V of Article L. 162-22-10 is repealed;
    2° The penultimate paragraph of Article L. 162-22-13 is deleted;
    3° Sub-section 3 of chapter II, section 5, title VI, of Book I is supplemented by an article L. 162-22-19 as follows:
    "Art. L. 162-22-19.-The Government submits to Parliament, by 15 September of each year, a report on the activities carried out in the area of funding for health facilities, including a retrospective assessment and presenting the changes envisaged. This report includes the following:
    « 1° Pricing of the activity of health institutions and its consequences on the activity and financial balance of public and private institutions. As such, the measures taken to take into account the specificities of the acts carried out in public health institutions and to measure the impact on the cost of their public service missions are described. In addition, the report highlights actions undertaken to measure and prevent the consequences of activity pricing on the number of acts, quality of care, public health activities and the management of chronic diseases. Finally, the report highlights the measures taken to take into account the particular case of settlements in low population density areas, rural revitalization areas or mountain areas;
    « 2° Endowments financing missions of general interest and assistance to contractualization as referred to in Article L. 162-22-13. As such, the report contains an analysis of the appropriateness of the scope of the missions of general interest and assistance to the contractualization of health facilities, the evolution of the annual amount of the national funding of these missions, the amount of the regional staffing and the amount of the allocations to each institution, and the criteria for the allocation of the latter to institutions;
    « 3° The rate convergence process, as mentioned in section 33 of the Social Security Financing Act, 2004 (No. 2003-1199 of 18 December 2003). As such, the report outlines the program setting out the methodology and steps to advance in achieving cross-sectoral convergence of tariffs before the 2018 deadline. »
    II.-The last two sentences of the first paragraph of Article 33 of the Social Security Financing Act, 2004 (No. 2003-1199 of 18 December 2003) are deleted.
    III.-On 2 of the VI of Article 1 of Act No. 2009-879 of 21 July 2009 on hospital reform and on patients, health and territories is repealed.

    Rule 62 Learn more about this article...


    Article L. 162-25 of the Social Security Code is reinstated as follows:
    "Art. L. 162-25.-By derogation from Article L. 332-1, the action of health facilities referred to in Article L. 162-22-6 for the payment of health insurance benefits shall be prescribed by one year from the date of end of hospital stay or, for consultations and external acts referred to in Article L. 162-26, from the date of completion of the act.
    "This section applies to benefits effective January 1, 2012. »

    Rule 63 Learn more about this article...


    In VIII of section 33 of Act No. 2003-1199 of 18 December 2003, the date "January 2012" is replaced by the date "March 2013".

    Rule 64 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Rule 65 Learn more about this article...


    I. ― The same code is amended:
    1° Chapter V of Part I, Book IV, title III, is supplemented by section 5, as follows:


    “Section 5



    "Regional Response Fund


    "Art. L. 1435-8.-A regional intervention fund funds, by decision of regional health agencies, actions, experiments and, where appropriate, structures that contribute to:
    « 1° The permanence of care, including the permanence of outpatient care provided for in Article L. 6314-1 and the permanence of health care referred to in Article L. 6112-1;
    « 2° Improving the quality and coordination of care. Such assistance may be provided to health professionals, groupings of health professionals, health centres, health centres, health centres, health homes, health networks, health or medical-social institutions or groupings of institutions, if any within the contractual framework provided for in Article L. 1435-4;
    « 3° Improving the geographical distribution of health professionals, health homes, health centres and health centres;
    « 4° The modernization, adaptation and restructuring of the provision of care within the framework of the contracts provided for in section L. 6114-1 and concluded with health facilities and their groupings, as well as the funding of counselling, piloting and support services to improve hospital performance;
    « 5° Improving the working conditions of health care workers and social support for the modernization of health facilities;
    « 6° Disease prevention, health promotion, health education and health security;
    « 7° Regional pooling of health facilities, including health information systems and project engineering;
    « 8° Prevention of disability and loss of autonomy as well as the care and support of persons with disabilities or dependent elderly.
    "The funding allocated to health institutions and medico-social institutions under the regional intervention fund as well as the commitments made in return are recorded and are subject to an evaluation under the multi-year contracts of objectives and means mentioned, respectively, in Article L. 6114-2 of this Code and in Article L. 313-11 of the Code of Social Action and Families.
    "Art. L. 1435-9.-The resources of the fund are:
    « 1° Endowment of mandatory basic health insurance plans, the amount of which is determined annually by order of ministers responsible for health, budget, social security, the elderly and persons with disabilities according to the national objective of health insurance expenditures;
    « 2° An endowment of the State;
    « 3° Where applicable, an endowment of the National Solidarity Fund for Self-Government;
    « 4° Where applicable, any other endowment or grant provided for in legislation or regulations.
    "In the fund's resources, are identified:
    “(a) Funding for health promotion, health education, disease prevention and health security activities, which cannot be allocated for the financing of medical care or care and medical-social support activities;
    “(b) Credits for the financing of disability prevention and loss of autonomy, as well as funding for the care and support of persons with disabilities or dependent elderly, who cannot be allocated for the financing of care activities.
    "Art. L. 1435-10.-The national direction of the fund is determined by the National Board of Directors of Regional Health Agencies.
    "The regional distribution of credits is determined annually by decree of Ministers for Health, Budget, Social Security, Older Persons and Persons with Disabilities, following the advice of the National Board of Directors of Regional Health Agencies.
    "The fund's accounting and financial management is entrusted to the National Health Insurance Fund for Employees. It can delegate some of its credits to regional health agencies.
    "The sums notified by the regional health agencies for an exercise for actions, experiments and structures financed by the fund are prescribed for its benefit as of December 31 of the next fourth fiscal year under conditions fixed by decree.
    "In order to allow a monitoring of the use of funds allocated to the regional intervention fund, an assessment prepared on the basis of data transmitted by each regional health agency is sent to Parliament before October 15 of each year. This assessment includes an analysis of the appropriateness of the scope of the actions referred to in Article L. 1435-8, the changes in the amount of annual regional allocations to the fund, and an explanation of the criteria for regional distribution.
    "Art. L. 1435-11.-The terms and conditions of application of this section are set by decree in the Council of State. » ;
    2° The 6th of Article L. 1432-6 is repealed;
    3° Before the last paragraph of Article L. 1433-1, a paragraph shall be inserted as follows:
    "It determines the national direction of the fund referred to in Article L. 1435-8. » ;
    4° The second sentence of the second paragraph of Article L. 1434-6 is as follows:
    "The amount of the contribution of each national health insurance fund is determined under the provisions of Article L. 1435-9. » ;
    5° The third paragraph of Article L. 1435-4 is as follows:
    "Financial consideration is funded by the regional intervention fund referred to in Article L. 1435-8 of this code and the allocation referred to inArticle L. 162-22-13 of the Social Security Code.
    6° Article L. 6112-3-2 is repealed;
    7° Article L. 6323-5 is amended as follows:
    (a) At the end of the first sentence, the words: "for the quality and coordination of care, under the conditions specified in theArticle L. 221-1-1 of the Social Security Code are replaced by the words: "regional provided for in Article L. 1435-8";
    (b) The last sentence is deleted.
    II.-The Social Security Code is amended as follows:
    1° Section L. 221-1-1 is amended as follows:
    (a) The second paragraph of I is thus drafted:
    "The fund can fund national actions and experiments that contribute to improving the quality and coordination of care provided in the city. » ;
    (b) The third, fourth and sixth paragraphs of the same I are deleted;
    (c) At the end of the 3rd of the IV, the words: "and that reserved for the financing of regional actions" are deleted;
    (d) The V is thus modified:
    ― in the second sentence of the first paragraph, the words: "distribute the annual allocation for regional actions between regional health agencies and" are deleted;
    the last sentence of the same first paragraph is deleted;
    the second sentence of the second paragraph is deleted;
    (e) The second sentence of the first paragraph of the VI shall be deleted;
    2° At the beginning of the first sentence of Article L. 162-45, the words: "The National Fund Management Committee referred to in Article L. 221-1-1 and" are deleted.
    III.-Article 40 of the Social Security Financing Act, 2001 (No. 2000-1257 of 23 December 2000) is amended as follows:
    1° II, III bis and III quater, the first paragraph of IV and V bis are repealed;
    2° In the first paragraph of the III, the words "and functioning" are deleted.
    IV.-The 5th and 7th of I, II and III of this article come into force on 1 January 2013.
    V.-For the year 2012, without prejudice to the provisions of section L. 1435-9 of the Public Health Code, the resources of the Regional Response Fund also include:
    1° A share of the funding of the intervention fund for the quality and coordination of care referred to in theArticle L. 221-1-1 of the Social Security Code ;
    2° A portion of the fund for the modernization of public and private health facilities referred to in section 40 of the Social Security Financing Act, 2001 (No. 2000-1257 of 23 December 2000).
    The order mentioned in the 1st of Article L. 1435-9 of the Public Health Code also sets out in 2012, the amount of the shares mentioned in the 1st and 2nd of this V.
    VI.-A transitional title and until the entry into force of the order made pursuant to the decree referred to in Article L. 1435-11 of the Public Health Code, for its participation in the public service mission referred to in the 1st of Article L. 6112-1 of the same code in a health institution ensuring this mission, the liberal doctor who exercises a medical specialty listed in the contract referred to in the ninth paragraph of Article L.

    Rule 66 Learn more about this article...


    I. ― Experiments may be carried out, beginning January 1, 2012 and for a period not exceeding five years, covering the rules for the organization and financing of emergency pre-hospital health transport carried out at the request of the urgent medical assistance service, with the aim of improving the quality and efficiency of the provision of urgent health transport in the region.
    II. - In this context, experiments may deviate from the following:
    1° TheArticle L. 6312-5 of the Public Health Code, as it concerns the conditions for the realization of urgent sanitary transport at the request of the emergency medical aid service;
    2° The 6° of Article L. 322-5-2 of the Social Security Code, as it relates to the conditions of pay of sanitary transport companies as part of their participation in departmental custody and in the care of pre-hospital emergencies. The ceilings on the amounts of the costing elements of sanitary transport companies providing for the care of pre-hospital emergencies, as well as the maximum amount of expenses for such remuneration for each region or department participating in the experiment, are set by decree of ministers responsible for health and social security.
    III. - Regional health agencies, in connection with local health insurance organizations, conduct these experiments. They determine the conditions of pay for health-care carriers for their participation in the care of pre-hospital emergencies at the request of the emergency medical assistance service by mobilizing all the credits allocated to this care, including the pricing elements and the contractualization assistance credits allocated to the compensation of fire and rescue services in the event of ambulance unavailabilityArticle L. 1424-42 of the General Code of Territorial Communities.
    To this end, a convention is concluded between the regional health agencies, local health insurance organizations, the health establishment headquarters of the emergency medical service and the most representative departmental emergency health transport association including an objective of spending control. The convention is submitted for advice to the subcommittee of health transport of the regional health agency.
    IV. - A semi-annual evaluation of these experiments, including financial gain, coverage of the territory and the availability of ambulance care, is carried out by regional health agencies in connection with local health insurance organizations.
    V. - Six months before the end of the experiment, an evaluation report is transmitted by the Government to Parliament.
    VI. - The modalities for the implementation of these experiments are defined by decree in the Council of State, after the advice of the National Union of Health Insurance Funds and trade union organisations representative of the sanitary transport companies concerned.

    Rule 67 Learn more about this article...


    Beginning in fiscal year 2012 and for a period not exceeding three years, experiments can be conducted on the pricing rules of institutions hosting dependent elderly persons referred to in I of Article L. 313-12 of the Code of Social Action and Families, with the aim of improving the quality and efficiency of care.
    For the purposes of these experiments, it may be derogated from the rules for calculating the overall plan for care provided for in 1° of Article L. 314-2 of the same code by introducing an increase in the package according to quality and efficiency indicators, the list of which is set by decree.
    The modalities for the implementation of the experiments are determined by a national specifications approved by decree in the Council of State.
    Experiments are carried out by regional health agencies, the list of which is set by a decree of ministers responsible for the elderly and social security. Agencies select institutions involved in experimentation among voluntary institutions based on criteria defined in the national specifications.
    An annual assessment of the experiments is carried out by the ministers responsible for the elderly and social security based on the elements transmitted by the regional health agencies and is transmitted to Parliament.
    An evaluation report is carried out before the end of the experiment, for possible generalization.

    Rule 68 Learn more about this article...


    Before the last paragraph of Article L. 313-12 of the Code of Social Action and Families, it is inserted a paragraph as follows:
    "If the multi-year agreement cannot be renewed prior to its expiry due to a refusal of renewal by the Director of the Regional Health Agency or the President of the General Council, it is deemed to be extended for a maximum of one year. »

    Rule 69 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Rule 70 Learn more about this article...


    I. ― Experiments can be carried out, starting on 1 January 2012 and for a period not exceeding five years, as part of pilot projects implementing new modes of care organization designed to optimize the care paths of older persons at risk of self-reliance by preventing their hospitalization in a health facility with accommodation, managing their out-of-hospital and promoting the continuity of the various health and mediocco-care modes.
    Experiments are implemented by agreement between regional health agencies, local health insurance organizations as well as health professionals, hospitals, social and psychosocial institutions and voluntary territorial authorities.
    The terms of reference for the experiments are decided by the ministers responsible for health, social affairs and social security.
    II. - For the implementation of the experiments referred to in I and related to new methods of coordination of care to prevent hospitalization in health establishment with accommodation and to manage the hospital outflow of elderly people at risk of self-reliance, it may be derogated from the billing and pricing rules mentioned in Articles L. 162-5, L. 162-9, L. 162-11, L. 162-12-2, L. 162-12-9, L. 162-14, L. 162-14-1 and L. 162-32-1 of the Social Security Code as they relate to rates, fees, remuneration and incidental fees due to health professionals by social insurance and health insurance, at 1°, 2°, 6° and 9° of article L. 321-1 of the same code as they relate to the fees covered by the health insurance, in article L. 162-2 of the same code as it relates to the direct payment of the fees by the patient and to the articles
    Expenses incurred by all of the basic health insurance plans that result from these experiments are taken into account in the national objective of health insurance expenditures mentioned in the 3rd D of Article LO 111-3 of the same Code.
    III. - Regional health agencies, local authorities, social security agencies, mutual funds governed by the code of mutuality, foresight institutions governed by Book IX of the Social Security Code or Book VII of the Rural and Maritime Fisheries Code and enterprises governed by insurance code associated with pilot projects transmit and share the information they hold in strict measure of their usefulness for the knowledge and monitoring of the path of older persons at risk of loss of autonomy included in pilot projects. This information may be collected for the purpose of assessing or analyzing care and prevention practices or activities.
    IV. - For a generalization, an annual assessment of these experiments, including the patient care, the terms and conditions of this care, the number of health professionals involved in it, and the expenses related to the care they have carried out, as well as the quality of such care, is carried out by the High Health Authority, in conjunction with regional health agencies, local health insurance organizations and hospitals involved in the experiments. This assessment is forwarded to Parliament before October 1.

    Rule 71 Learn more about this article...


    Prior to June 30, 2012, the Government submits to Parliament a report on tax and social expenses resulting from the various legislative and regulatory obligations under which residential institutions of dependent elderly persons and home nursing services are subject to their legal status.

    Rule 72 Learn more about this article...


    Article L. 14-10-5 of the Code of Social Action and Families is thus amended:
    1° I is thus modified:
    (a) At a bis of 1, the year: "2011" is replaced by the year: "2012" and the rate: "12%" is replaced by the rate: "13%";
    (b) At a bis of 2, the year: "2011" is replaced by the year: "2012" and the rate: "38 %" is replaced by the rate: "39 %";
    (c) In the last paragraph, after the word "public" the words are inserted: "and the endowment paid to the Technical Agency for Information on Hospitalization referred to in theArticle 4 of Act No. 2002-73 of 17 January 2002 to conduct studies on the costs of the institutions and services referred to in Article L. 314-3-1 of this Code;
    2° The III is thus amended:
    (a) In the last paragraph, the rate: "38%" is replaced by the rate: "40%";
    (b) It is added a paragraph to read:
    "For 2012, this rate is 39%. » ;
    3° At the V bis and b bis, the year: "2011" is replaced by the year: "2012" and the rate: "2%" is replaced by the rate: "1%".

    Rule 73 Learn more about this article...


    Section 4 of Chapter II of Title I of Book III of the same Code is supplemented by an article L. 312-8-2 as follows:
    "Art. L. 312-8-2. - The depreciation of the evaluations in the establishments under the 7th I of Article L. 312-1 and Article L. 313-12 shall be divided among the different financialers according to the terms fixed by decree. »

    Rule 74 Learn more about this article...


    I. ― Article L. 162-16-1 of the Social Security Code is amended as follows:
    1° After the 6th, five paragraphs are inserted:
    « 7° The fee for dispensation, other than the margins provided for in article L. 162-38, due to pharmacists by social insurance workers;
    « 8° Compensation, other than the margins provided for in the same section L. 162-38, paid by the mandatory health insurance plans in return for individualized commitments. These commitments may include dispensation, participation in screening or prevention actions, support for patients with chronic conditions, actions to promote continuity and coordination of care, and any efforts to improve practices and the efficiency of dispensation. Compensation is based on the achievement of the objectives by the pharmacist;
    « 9° Quantified objectives of evolution of the network of non-profits in the respect of Articles L. 5125-3 and L. 5125-4 of the Public Health Code ;
    « 10° Measures and procedures applicable to pharmacists whose practices are contrary to the commitments set out in the Convention.
    "The Union nationale des caisses d'assurance maladie submits, for advice, to the Union nationale des organismes d'assurance maladie compléter, before transmission to the ministers responsible for health and social security, any conventional measure having the effect of a revalorisation of the dispensation fees or remuneration referred to in 7° and 8° of this article. This notice is deemed to have been rendered within twenty-one days of receipt of the text. It is transmitted to the National Union of Health Insurance Funds, which ensures that it is transmitted to the Ministers responsible for health and social security simultaneously to that of the Convention or of the Act with the conventional measure. This paragraph does not apply where the National Union of Supplementary Health Insurance Agencies participates in the negotiations under the conditions set out in Article L. 162-14-3. » ;
    2° Three subparagraphs are added:
    "A conventional measure that has the effect of a revalorization of the fees, remunerations and incidental fees referred to in 6° to 8° of this section shall enter into force as soon as the expiry of a period of six months from the approval of the agreement or the amendment incorporating it.
    "When the Health Care Alert Committee issues a notice considering that there is a serious risk of overtaking the national health insurance expenditure objective within the meaning of the fifth paragraph of Article L. 114-4-1 and as soon as it appears that this risk of overtaking is in whole or in part attributable to the evolution of that of the sub-objectives referred to in the 3rd D of Course I of Rule 111 In the absence of an amendment setting a new effective date of revalorizations consistent with the relief measures referred to in Article L. 114-4-1, the coming into force is deferred to January 1 of the following year.
    "The second of section L. 162-14-1 is applicable to pharmacists with an offence. »
    II. - The Public Health Code is amended as follows:
    1° In the second paragraph of Article L. 5125-11, the number: "3,500" is replaced by the number: "4,500";
    2° At the end of the b of the 1st of Article L. 5125-14, the number: "3 500" is replaced by the number: "4 500";
    3° In the second sentence of the last paragraph of Article L. 5125-15, the word "five" is replaced by the word "Twelve";
    4° Article L. 5125-16 is supplemented by a II as follows:
    “II. ― Any restructuring of the official network carried out within the same municipality or communes adjacent to the initiative of one or more pharmacists or pharmacists' companies and giving rise to compensation for the final cessation of activity of one or more of the pharmacists must be the subject of prior notice from the Director General of the regional health agency. The final cessation of the activity of the offence or officin concerned shall be found under the conditions set out in section L. 5125-7 and shall not have the effect of compromising the necessary supply of medicines of the resident population of the municipality or neighbourhood concerned. »

    Rule 75 Learn more about this article...


    I. ― Article L. 162-22-11 of the Social Security Code reads as follows:
    "Art. 162-22-11.-In the establishments referred to in (a) to (c) of Article L. 162-22-6, the national rates of benefits provided for in 1° of Article L. 162-22-10, if any assigned to the geographic coefficient provided for in 3° of the same I, shall be used as the basis for the exercise of the medical appeals against third parties and for the invoicing of the care and accommodation of patients not covered by an article 174-20 insurance scheme. »
    II.-The 1st of Article L. 174-3 of the same code is supplemented by the words: ", subject to the provisions of Article L. 174-20".
    III.-Section 12 of Chapter IV of Title VII of Book I of the same Code is supplemented by an article L. 174-20 as follows:
    "Art. L. 174-20.-For scheduled hospital care not covered by a public service mission referred to in theArticle L. 6112-1 of the Public Health Code, health institutions can determine the rates of care and accommodation charged to patients not covered by a health insurance scheme governed by this Code, except for patients receiving state medical assistance defined in Article L. 251-1 of the Code of Social Action and Families, patients subject to urgent care defined in Article L. 254-1 of the same Code, patients admitted to the medical regulations
    "The conditions for the application of this article are determined by decree. »
    IV.-A the last sentence of Article 33 of the Social Security Financing Act, 2004 (No. 2003-1199 of 18 December 2003), after the words "health insurance", are inserted the words "subject to the provisions of Article L. 174-20 of the Social Security Code, and".

    Rule 76 Learn more about this article...


    Section 91 of Act No. 2009-1646 of 24 December 2009 on social security financing for 2010 is amended as follows:
    1° The III is thus amended:
    (a) The first paragraph is supplemented by the words: "within one month from the date of the contested decision";
    (b) After the first aliena, nine subparagraphs are inserted as follows:
    "The grievor must submit a written request, specifying the subject matter of the dispute and indicating the name and address of his doctor. This application is sent by letter with request for notice of receipt or filed against receipt with the medical committee.
    "The medical committee shall inform the competent medical control department of the grievor's request.
    "As soon as it is informed of the application, the Medical Control Service shall establish a file that must include:
    « 1° The advice of the named doctor;
    « 2° The advice of the consulting physician accompanied by all medical evidence and evidence that motivated this opinion;
    « 3° The reasons invoked by the grievor in support of the application;
    « 4° The statement of the question asked to the medical committee.
    "The medical control department shall send this file to the medical committee within fifteen days of receipt of the application, by letter with request for a notice of receipt.
    "The medical committee determines its reasoned conclusions and addresses them to the grievor, to the administration and to the medical control department of the caisse. » ;
    2° In the first sentence of IV, the word "two" is replaced by the word "four";
    3° A VI is added as follows:
    "VI. ― Territorial authorities that have signed conventions under the V between the end of the signing period under this section and December 31, 2011 are authorized to participate in the experiment as of January 1, 2012. »

    Rule 77 Learn more about this article...


    Section 3 of Chapter II of Book III of the Social Security Code is supplemented by an article L. 322-8, as follows:
    "Art. L. 322-8. - Insured persons and their eligible beneficiaries under the special social security scheme of mining and assimilated enterprises are entitled to the free in-kind benefits of the health insurance referred to in this chapter. »

    Rule 78 Learn more about this article...


    I. ― Article L. 161-5 of the same code is supplemented by the words: ", provided that the benefit likely to open entitlement to benefits in kind is not the benefit referred to in Article L. 351-9".
    II. - In the first paragraph of Article L. 311-9 of the same code, after the word "disease" are inserted the words: ", provided that the benefit likely to open entitlement to benefits in kind is not the one referred to in Article L. 351-9".

    Rule 79 Learn more about this article...


    In the first paragraph of section L. 341-14-1 of the same code, the reference: "or L. 732-18-2" is replaced by the references: ", L. 732-18-2 or L. 732-18-3".

    Rule 80 Learn more about this article...


    The III ter of Article 40 of the Social Security Financing Act for 2001 (No. 2000-1257 of 23 December 2000) is thus written:
    "III ter. ― The fund can support the funding of the expert missions carried out by the Technical Hospital Information Agency. »

    Rule 81 Learn more about this article...


    I. ― The amount of the participation of compulsory health insurance plans in the financing of the intervention fund for the quality and coordination of care is set at € 250 million for the year 2012. The maximum amount of expenditure for this fund is set at 281 million euros for 2012.
    II. - The amount of the participation of compulsory health insurance plans in the financing of the fund for the modernization of public and private health facilities is set at 285.87 million euros for the year 2012.
    III. - The amount of the overall endowment for the funding of the National Medical Accident Compensation Board, Iiatrogen Conditions and Nosocomial Infections, referred to inArticle L. 1142-23 of the Public Health Code, is set at 55 million euros for 2012.
    IV. - The amount of the participation of compulsory health insurance plans in the financing of regional health agencies under their management budget is set, for the year 2012, to €160 million.
    V. - The amount of the contribution of the National Solidarity Fund for Self-Government to the financing of the regional health agencies for their actions concerning the care and support for the elderly or persons with disabilities, mentioned in 3° of Article L. 1432-6 of the Public Health Code, is set at 64.55 million euros for the year 2012, which are divided between shares by decree of the Minister for Older Persons and Persons with Disabilities.
    VI. - The amount of the participation of compulsory health insurance plans in the financing of the Health Emergency Preparedness and Response Facility is set, for the year 2012, to €20 million.

    Rule 82 Learn more about this article...


    The second paragraph of Article L. 322-2 of the Social Security Code is supplemented by a sentence as follows:
    "The decree in the Council of State specifies, inter alia, the time limit available to the Union nationale des caisses d'assurance maladie pour se prononcer and the conditions under which the Minister responsible for social security substitutes for the Union nationale des caisses d'assurance maladie in case of absence of a decision of the Union nationale, once this period expires. »

    Rule 83 Learn more about this article...


    For the year 2012, the spending targets of the Health, Maternity, Disability and Death branch are set:
    1° For all compulsory basic social security schemes, at 186.2 billion euros;
    2° For the general social security regime, €161.6 billion.

    Rule 84 Learn more about this article...


    For the year 2012, the national objective of health insurance expenditures for all mandatory basic plans and its sub-objectives are set as follows:


    (In billions of euros)





    OBJECTIVE
    expenditure

    City care expenses

    78.9

    Expenditures on health facilities tariffed to activity

    55.3

    Other expenditure on health facilities

    19.3

    Contribution of health insurance to expenses in institutions and services for older persons

    8.0

    Contribution of health insurance to expenses in facilities and services for persons with disabilities

    8.4

    Other management costs

    1.2

    Total

    171.2

  • Section 2: Provisions relating to old-age insurance expenditures Rule 85 Learn more about this article...


    I. ― Article L. 351-3 of the Social Security Code is supplemented by a 7° as follows:
    « 7° Under conditions and limits of age, resources and total number of quarters validated as such, as set out in the Order-in-Council under this section, and without condition of prior affiliation, the periods that did not result in the validation of another title in a basic regime during which a person was registered as a high-level sportsman on the list mentioned in first paragraph of Article L. 221-2 of the Sport Code. »
    II. - The State shall take charge of the cost of the old age insurance of the general social security system for each year, for the quarters validated during the previous calendar year and on a fixed basis fixed by decree. 7° of Article L. 351-3 of the Social Security Code.
    III. - This section is applicable to registration periods after December 31, 2011 on the list of high-level athletes mentioned in first paragraph of Article L. 221-2 of the Sport Code.
    IV. - In the first paragraph of Article L. 634-2 of the Social Security Code, after the reference: "L. 351-3", the words "with the exception of 7°".
    V. - In Article L. 742-3 of the Rural and Maritime Fisheries Code, the reference: "Chapter VII" is replaced by the references: "7° of Article L. 351-3 and Chapter VII".
    VI. - Prior to October 1, 2013, the Government submits to Parliament a report presenting the cost of the device provided for in this section and examines the possibility of increasing the number of quarters mentioned in Parliament 7° of Article L. 351-3 of the Social Security Code.

    Rule 86 Learn more about this article...


    I. - At the end of the first sentence of the third paragraph of Article L. 14 of the Civil and Military Pension Code, the words: "this calculation" are replaced by the words: "the calculation of the insurance duration referred to in the first paragraph of this III".
    II. - At the end of second paragraph of Article L. 351-1-2 of the Social Security Code, the words: "for this calculation" are replaced by the words and a sentence so written: "in the duration of insurance all plans combined to assess the exceedance of the limit mentioned in the first paragraph. A decree sets out the list of bonuses and majorations to which this paragraph applies. »
    III. - The last paragraph of I of articles L. 643-3 and L. 723-10-1 of the same code is as follows:
    "The duration of insurance that gave rise to the expense of the insured person made after the age specified in the first paragraph and beyond the period mentioned in the second paragraph gives rise to an increase in the pension under conditions fixed by decree in the Council of State. However, for the purpose of appreciating this period of time, benefits for the duration of services and increases in the duration of insurance, other than those granted for children and disability, provided for in the legislative and regulatory provisions, regardless of the basic pension plan under which they were acquired, are not taken into account. A decree sets out the list of bonuses and majorations to which this paragraph applies. »
    IV. - Article L. 732-25-1 of the Rural and Maritime Fisheries Code is supplemented by a paragraph to read as follows:
    "However, the long-term benefits and increases in insurance, excluding those granted for children and disability, provided for in the statutory and regulatory provisions, regardless of the basic pension plan under which they were acquired, are not taken into account in the insurance period for all plans to assess the exceedance of the minimum period referred to in the first paragraph. A decree sets out the list of bonuses and majorations to which this paragraph applies. »
    V. - This section is not applicable to insured persons who meet, before 1 January 2013, the age and duration of insurance that is entitled to the benefit of the pension increase provided for in Article III of Article L. 14 of the Civil and Military Retirement Pension Code, Article L. 351-1-2, to the extent of the pension increase last paragraph I of articles L. 643-3 and L. 723-10-1 of the Social Security Code and section L. 732-25-1 of the Rural and Maritime Fisheries Code, in their drafting prior to the coming into force of this Act.

    Rule 87 Learn more about this article...


    I. ― After Article L. 382-29 of the Social Security Code, an article L. 382-29-1 is inserted as follows:
    "Art. L. 382-29-1. - It shall be taken into account for the purposes of section L. 351-14-1, under the same conditions as the periods defined in the 1st of the same article, the periods of formation carried out in congregations or religious communities or in institutions of formation of ministers of worship that precede the attainment of the statute set out in section L. 382-15 resulting in affiliation with the regime of worship. »
    II. - Article L. 382-29-1 of the Social Security Code is applicable to pensions effective January 1, 2012.

    Rule 88 Learn more about this article...


    I. ― Article L. 161-17-2 of the same code is amended as follows:
    1° At the end of the first paragraph, the year: "56" is replaced by the year: "55";
    2° The second preambular paragraph is replaced by three sub-items:
    "This age is set by decree within the age limit mentioned in the first paragraph for insured persons born before 1 January 1955 and, for those born between 1 July 1951 and 31 December 1954, in a growing way:
    « 1° Four months per generation for insured persons born between 1 July 1951 and 31 December 1951;
    « 2° Five months per generation for insured persons born between 1 January 1952 and 31 December 1954. »
    II. - Article 22 of Act No. 2010-1330 of 9 November 2010 on pension reform is amended as follows:
    1° I is thus modified:
    (a) At the end of the 1st, the year: '66' is replaced by the year: '65';
    (b) At the end of 2°, the year: "63" is replaced by the year: "62";
    (c) At the end of the 3rd, the year: "62" is replaced by the year: " 1961";
    (d) At the end of the 4th, the year: " 1961" is replaced by the year: "60";
    2° The second is thus written:
    “II. ― This age is set by decree within the respective age limits referred to in I for public servants up to the age of opening of the law previously applicable to this Act before January 1, 2015 and, for civil servants reaching that age between July 1, 2011 and December 31, 2014, increasing at reason:
    « 1° Four months per generation for civil servants reaching this age between 1 July and 31 December 2011;
    « 2° From five months per generation to 31 December 2014 for staff who reach this age between 1 January 2012 and 31 December 2014. »
    III. - Section 28 of the Act is amended as follows:
    1° In I, the year: « 1956 » is replaced by the year: « 1955 » ;
    2° The second is thus written:
    “II. ― This age limit is set by order within the age limit referred to in I for public servants who reach the age of opening the right to an applicable pension before January 1, 2015 and, for those who reach that age between July 1, 2011 and December 31, 2014, in an increasing manner to the following:
    « 1° Four months per generation for civil servants reaching this age between 1 July and 31 December 2011;
    « 2° From five months per generation to 31 December 2014 for staff who reach this age between 1 January 2012 and 31 December 2014. »
    IV. - Section 31 of the Act is amended as follows:
    1° I is thus modified:
    (a) At the end of the 1st, the year: '66' is replaced by the year: '65';
    (b) At the end of the 2°, the year: '64" is replaced by the year: '63';
    (c) At the end of the 3rd, the year: "63" is replaced by the year: "62";
    (d) At the end of the 4th, the year: "62" is replaced by the year: " 1961";
    (e) At the end of the 5th, the year: " 1961" is replaced by the year: "60";
    (f) At the end of the 6th, the year: "59" is replaced by the year: "58";
    2° The second is thus written:
    “II. ― This age limit is set by decree within the respective age limits referred to in I for public servants who reach the age of opening the right to a pension applicable prior to this Act before January 1, 2015 and, for those who reach that age between July 1, 2011 and December 31, 2014, in a growing way:
    « 1° Four months per generation for civil servants reaching this age between 1 July 2011 and 31 December 2011;
    « 2° From five months per generation to 31 December 2014 for staff who reach this age between 1 January 2012 and 31 December 2014. »
    V. - Section 33 of the Act is amended as follows:
    1° At the end of the first and last paragraphs of I and at the end of the first paragraph of II, the year: "2016" is replaced by the year: "2015";
    2° In the tenth and last paragraphs of I and in the last paragraph of II, the year: "2015" is replaced by the year: "2014".
    VI. - Section 35 of the Act is amended as follows:
    1° At the end of the first paragraph of I, the year: "2016" is replaced by the year: "2015";
    2° In II, the year: "2015" is replaced by the year: "2014".
    VII. - The ones. Articles 22, 28, 31 and 35 of Act No. 2010-1330 of 9 November 2010 reforming pensions, in their drafting from this Law, are applicable to workers governed by the pension scheme of workers of industrial establishments of the State.

    Rule 89 Learn more about this article...


    In the first paragraph of Article L. 722-17 of the Rural Code and Maritime Fisheries, the words: "may claim by reason of their age to old age benefits" are replaced by the words: "without the minimum duration of insurance or recognized equivalent periods referred to in Article L. 732-25".

    Rule 90 Learn more about this article...


    After the b of article L. 732-39 of the same code, it is inserted a paragraph as follows:
    "By derogation from the first two paragraphs and provided that the insured person has liquidated his or her personal old-age pension with all the legal or legally binding, basic and complementary schemes, French and foreign, as well as the regimes of the international organizations of which he or she has noted, the persons referred to in Article L. 321-5 and to the 2° of Article L. 722-10 of this employee who justify the conditions fixed to a and b of this article »

    Rule 91 Learn more about this article...


    At 2° of Article L. 732-54-1 of the same code, after the word "articles", the reference is inserted: "L. 732-18-3,".

    Rule 92 Learn more about this article...


    I. ― The second paragraph of Article L. 353-1 of the Social Security Code is supplemented by a sentence as follows:
    "However, this minimum is not applicable to reversion pensions from a pension that is less than the minimum amount provided for in section L. 351-9. »
    II. - This section applies to reversion pensions effective July 1, 2012.

    Rule 93 Learn more about this article...


    In the first paragraph of Article L. 634-3-3 of the same code, after the second occurrence of the word "decree" are inserted the words: "or they enjoyed the recognition of the quality of disabled worker mentioned in theArticle L. 5213-1 of the Labour Code "

    Rule 94 Learn more about this article...


    I. ― Article L. 816-1 of the same code is as follows:
    "Art. L. 816-1. - This title is applicable to persons of foreign nationality who meet one of the following conditions:
    « 1° Be a holder for at least ten years of a residence permit to work;
    « 2° Being a refugee, stateless person, having fought for France under the conditions laid down in 4°, 5°, 6° or 7° of Article L. 314-11 of the Code of Entry and Residence of Aliens and the Right to Asylum or to benefit from subsidiary protection;
    « 3° Being a national of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation, under the conditions mentioned in Article L. 262-6 of the Code of Social Action and Families. »
    II. - This section applies to applications filed after the publication of this Act.

    Rule 95 Learn more about this article...


    For the year 2012, the old-age sector's spending targets are set:
    1° For all compulsory basic social security schemes, at 210.4 billion euros;
    2° For the general social security regime, 110.6 billion euros.

  • Section 3: Provisions relating to the expenditure of the occupational accident and disease industry Rule 96 Learn more about this article...


    The amount of the payment mentioned in theArticle L. 176-1 of the Social Security Code is set, for the year 2012, to 790 million euros.

    Rule 97 Learn more about this article...


    I. ― The amount of the contribution of the Occupational Accidents and Diseases branch of the General Social Security Regime to the financing of the asbestos Victim Compensation Fund is set at €315 million for the year 2012.
    II. - The amount of the contribution of the branch Industrial Accidents and Occupational Diseases of the general social security regime to the financing of the Asbestos workers' early termination fund is set at 890 million euros for the year 2012.

    Rule 98 Learn more about this article...


    The amount of the contribution mentioned in theArticle L. 241-3 of the Social Security Code covering the additional expenses incurred by retirements at the age established under Article L. 351-1-4 of the same code is set at 110 million euros for the year 2012.

    Rule 99 Learn more about this article...


    The Social Security Code is thus amended:
    1° In the second paragraph of Article L. 413-5, the words "first, second and third" are replaced by the words "first four";
    2° In the last paragraph of Article L. 434-3, after the word "spouse", the words are inserted: "to the partner of a civil pact of solidarity or to the concubine,"
    3° Section L. 434-8 is amended as follows:
    (a) After the second preambular paragraph, a sub-item reads as follows:
    "In the event of a breach or dissolution of the civil pact of solidarity, the former partner of the deceased victim shall be entitled to annuity only if he or she received financial assistance from the latter on the date of death. This annuity is calculated in accordance with the terms set out in the second sentence of the second paragraph and its duration of payment is limited to the payment of financial assistance. » ;
    (b) In the third paragraph, after the word "spouse", the words are inserted: ", partner of a civil pact of solidarity or concubine";
    (c) In the first sentence of the penultimate paragraph, after the word "spouse", are inserted the words: ", the partner of a civil pact of solidarity or the concubine,"
    (d) In the last sentence of the same penultimate paragraph, after the word "spouse", are inserted the words: "the partner of a civil pact of solidarity or the concubin";
    (e) The said pre-last paragraph is supplemented by a sentence as follows:
    "The same is true for the partner of a civil solidarity pact condemned for non-payment of financial assistance in the event of the dissolution of the pact, when this aid was provided by the partners. » ;
    (f) In the first sentence of the last paragraph, after the word "spouse", the words ", the partner of a civil pact of solidarity or the concubine" are inserted;
    4° Article L. 434-9 is amended as follows:
    (a) The first paragraph is as follows:
    "In the event of a new marriage, a civil pact of solidarity or concubinage, the spouse, a partner of a civil pact of solidarity or concubine of the deceased victim ceases to be entitled to annuity. In such a case, it is allocated an amount equal to the arrears of the annuity calculated according to the rate in force and related to a specified period, on the date of marriage, of the declaration to the court of proceedings of the civil pact of solidarity or the establishment of the concubinage. » ;
    (b) In the second paragraph, the words: "survivor has children" are replaced by the words: ", the partner of a civil covenant of solidarity or the concubin of the deceased victim has children for whom a filiation is established with respect to the deceased victim";
    (c) In the third paragraph, the words: "spouse" are replaced by the words: "disrupting or disbanding the civil pact of solidarity or termination of the cohabiting, surviving spouse, partner or concubine";
    (d) At 2°, the words: "If the surviving spouse receives, because of his new widow," are replaced by the words: "If he receives, because of a new death," and after the word: "food", are inserted the words: "or financial aid in case of dissolution of the civil pact of solidarity";
    5° Section L. 434-13 is amended as follows:
    (a) At 1°, after the word "spouse", the words are inserted: "no partner of a civil pact of solidarity or concubine,"
    (b) At 2°, after the word "spouse", the words are inserted: ", partner of a civil pact of solidarity, concubine";
    6° In the fourth paragraph of Article L. 452-2, after the word "spouse", are inserted the words ", the partner of a civil pact of solidarity or the concubine".

    Rule 100 Learn more about this article...


    I. ― Section 41 of the Social Security Financing Act, 1999 (No. 98-1194 of 23 December 1998) is amended as follows:
    1° After I, it is inserted an Ibi as follows:
    "I bis. ― For the determination of the age of access to the allowance, the duration of the work referred to in the third and seventh paragraphs of this section shall be added to the period of work that is carried out in establishments or vessels entitled to access to the early termination devices of the activity of asbestos workers under a special regime referred to in theArticle L. 711-1 of the Social Security Codeunder the conditions provided by these devices. » ;
    2° In the second paragraph of 2 of the VII, after the word "receiving", the words ", the methods of calculation and the modalities of coordination".
    II.-This section is applicable as of 1 July 2012.

    Rule 101 Learn more about this article...


    For the year 2012, the expenditure targets of the Occupational Accidents and Diseases branch are set:
    1° For all compulsory basic social security schemes, 13.3 billion euros;
    2° For the general social security regime, 11.9 billion euros.

  • Section 4: Provisions relating to expenses of the family branch Rule 102 Learn more about this article...


    I. ― Article L. 531-5 of the Social Security Code reads as follows:
    "III. ― The assistance paid for the partial care of the remuneration of the person in charge of the custody of the child or of the child is equal to one part, fixed by decree, of the net salary served and of the allowances referred to in Article L. 423-4 of the Code of Social Action and of the Families. It is calculated by child in the event of employment of an approved nursery assistant and by household in the event of employment of a person mentioned in theArticle L. 7221-1 of the Labour Code.
    "However, the amount paid cannot exceed a ceiling that varies according to household resources, the number of dependent children, and that the charge is assumed by a single person or a couple, according to a scale defined by decree. The ceiling is increased under conditions provided by decree:
    « 1° When the person alone or both members of the couple have specific working hours;
    « 2° Where the person alone or one of the members of the couple benefits from the benefit established in sections L. 821-1 and L. 821-2 of this code. »
    II. - The second sentence of the first paragraph of Article L. 531-6 of the same code is replaced by three paragraphs as follows:
    "The amount paid cannot exceed a ceiling that varies according to the household's resources, the number of dependent children, and that the charge is assumed by a single person or a couple, according to a scale defined by decree. The ceiling is increased under conditions provided by decree:
    « 1° When the person alone or both members of the couple have specific working hours;
    « 2° Where the person alone or one of the members of the couple benefits from the benefit established in sections L. 821-1 and L. 821-2. »
    III. - Article L. 531-7 of the same code is amended as follows:
    1° The second sentence becomes a second paragraph;
    2° The first paragraph is supplemented by a sentence as follows:
    "However, the law is open from the first day of the calendar month where the conditions are met when a right is already opened for another child. »

    Rule 103 Learn more about this article...


    The last four paragraphs of section L. 581-2 of the same code are replaced by two paragraphs as follows:
    "When at least one of the parents partially subtracts from the payment of a child-food debt set by a court decision that has become enforceable, a differential allowance is paid in advance. This differential allowance supplements the partial payment made by the debtor, up to the amount of the family support allowance.
    "The debtor of family benefits is subrogated in the creditor's rights, within the limits of the amount of the family support allowance or the debt of food if it is lower. In the latter case, the surplus of the allocation remains acquired to the creditor. »

    Rule 104 Learn more about this article...


    I. ― After the word: "revalued", the end of section L. 551-1 of the same code is as follows: "as of April 1 of each year, in accordance with the forecasted annual change in consumer prices, for the year in question, by the commission referred to in section L. 161-23-1.
    "If the annual average change in non-smoking prices of the year considered to be finalized by the National Institute of Statistics and Economic Studies is different from the one originally planned, an adjustment is made to the coefficient of 1 April of the following year, equal to the difference between this change and that initially planned. »
    II.- By derogation from provisions of Article L. 551-1 of the Social Security Code, the monthly basis for calculating family benefits is set at €399 for 2012.
    This amount cannot be used as a reference to the adjustment referred to in the second paragraph of Article L. 551-1.
    III.-By derogation from provisions of the second paragraph of Article L. 522-2, the last paragraph of Article L. 531-2 and the third paragraph of Article L. 543-1 of the Social Security Code, the resource limits for determining the right to family benefits under resource conditions are increased by 1% for 2012.
    IV.- By derogation from provisions of the second paragraph of Article 8 of Order No. 2002-149 of 7 February 2002 relative to the extension and generalization of family benefits and social protection in the departmental community of Mayotte, the limit of resources used to determine the right to re-enterprise allowance is increased by 1% for 2012.

    Rule 105 Learn more about this article...


    Section 8 of Chapter V of Book VII of the Social Security Code is amended to read:
    1° The title is supplemented by the words: "Removal allowances. ― Ready for habitat improvement ― Ready to improve the place of reception";
    2° An article L. 755-21-1 is added as follows:
    "Art. L. 755-21-1. - Loans for improvement of the habitat as well as loans for improvement of the premises are applicable to the departments referred to in Article L. 751-1 under the conditions defined in 1° and 2° of Article L. 542-9. »

    Rule 106 Learn more about this article...


    For the year 2012, the spending targets of the family branch are set:
    1° For all compulsory basic social security schemes, €56.5 billion;
    2° For the general social security regime, 56,0 billion euros.

  • Section 5: Organizational arrangements for funding mandatory plans Rule 107 Learn more about this article...


    For the year 2012, the care expenses mentioned in 2° of Article L. 135-2 of the Social Security Code are set at €3.4 billion for the general plan, €400 million for the agricultural wage system and €100 million for the old-age insurance schemes of the artisanal, industrial and commercial professions.

    Rule 108 Learn more about this article...


    For the year 2012, the forecast of the expenses of the organizations involved in the financing of the mandatory social security schemes is set to:


    (In billions of euros)





    CHARGES PREVISIONS

    Old-age solidarity fund

    18.3

  • Section 6: Provisions relating to the management of risk, organization or internal management of mandatory basic plans or organizations that contribute to their funding Rule 109 Learn more about this article...


    After article L. 114-12-1 of the Social Security Code, an article L. 114-12-2 is inserted as follows:
    "Art. L. 114-12-2. - Each of the organizations responsible for the management of mandatory social security schemes may be designated to carry out and manage a common information system to all or part of them, as well as to other organizations referred to in Article L. 114-12-1, with a view to carrying out their duties.
    "This designation may be provided by a convention between the agencies concerned and published in the Official Bulletin of the Ministry of Social Security or, if not, by decree. »

    Rule 110 Learn more about this article...


    I. ― The same code is amended:
    1° After chapter IV ter of title I of Book I, a chapter IV quater is inserted as follows:


    “Chapter IV quater



    “Prospective and performance of public service
    Social Security


    "Art. L. 114-23. - I. In accordance with the laws of financing social security, the competent authority of the State concludes with the national social security agencies a framework convention for the performance of the public social security service.
    "This agreement is signed, on behalf of each national body of the General Plan, the National Fund of the Independent Social Plan and the Central Fund of the Agricultural Social Community, by the President of the Board or Board of Directors and by the Director General or the Director and, for the special plans referred to in Article L. 711-1, under conditions established by decree.
    "This Convention determines the cross-cutting objectives of the various social security organizations with a view to establishing common actions in this area:
    « 1° Implementation of measures to simplify and improve the quality of service to insured, allocatary and contributors;
    « 2° Mutualization between organizations, including in the field of real estate management, procurement, human resources, communication and information systems, in line with the strategic plan for information systems of the public social security service established by the Minister for Social Security;
    « 3° The territorial presence of the various regimes and branches referred to in articles L. 200-2 and L. 611-1 of this code and L. 721-1 of the rural and marine fishing code in the national territory;
    « 4° Assessing the performance of different regimes.
    "This Convention provides, where appropriate, quantitative and qualitative measurement tools associated with the definition of objectives.
    "It also determines:
    “(a) The terms and conditions of conclusion of the amendments to this Convention;
    “(b) The conflicting assessment process for results achieved against the targets set.
    “II. ― The Public Social Security Service Performance Framework Convention is concluded for a minimum period of four years. The convention and, where appropriate, the amendments to the Convention are forwarded to the parliamentary standing committees referred to in Article LO 111-9.
    "III. ― The conventions referred to in Articles L. 227-1 and L. 611-7 of this Code, Article L. 723-12 of the Rural and Maritime Fisheries Code and in the Regulations with the same purpose shall be negotiated in accordance with the Convention referred to in I of this Article.
    "Art. L. 114-24. - The Social Security Forward-looking and Performance Fund funds studies and actions that contribute to the modernization and improvement of the performance of the Public Social Security Service, including the conduct of audits or projects, and contributes to the operating expenses resulting from the monitoring and evaluation missions of social security organizations.
    "The expenses of the fund are charged against the management budgets of the national funds of the General Plan, the Central Agency for Social Security Organizations, the National Fund for the Social Plan of Independents, the Central Fund for the Agricultural Social Mutual and special schemes in conditions fixed annually by decree of the ministers responsible for social security and budget.
    "The management of the fund is determined by decree. » ;
    2° Article L. 224-5 is supplemented by a paragraph as follows:
    "It provides administrative and accounting management of the fund referred to in Article L. 114-24. » ;
    3° At the end of the second sentence of the fourth paragraph of Article L. 200-3, the words "and the supervisory board" are deleted;
    4° The last sentence of the first paragraph of Article L. 227-1 is deleted;
    5° Chapter VIII of Book II title II is repealed.
    II. - The first agreement referred to in Article L. 114-23 of the Social Security Code is signed before January 1, 2013.

    Rule 111 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

    Article 112 Learn more about this article...


    After the word: "social", the end of the penultimate paragraph of Article L. 224-5 of the same code is as follows: ", local bodies of the general regime and any organization of any other social security regime. »

    Article 113 Learn more about this article...


    [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-642 DC of 15 December 2011. ]

  • Section 7: Control and Control of Fraud Article 114 Learn more about this article...


    I. ― Article L. 114-17 of the Social Security Code is amended as follows:
    1° At the beginning of the first paragraph, the words "I. ―" are added;
    2° The sixth preambular paragraph is amended to read:
    (a) The second sentence is supplemented by the words: "in a prescribed time";
    (b) The last sentence is supplemented by the words: "or the manner in which it will be recovered from future benefits";
    3° At the end of the first sentence of the eighth paragraph, the words: "administrative jurisdiction" are replaced by the words: "the Social Security Court";
    4° The second sentence of the ninth preambular paragraph is deleted;
    5° After the ninth preambular paragraph, two sub-items are inserted:
    "The penalty can be recovered by deductions on future benefits. For deductions on benefits paid by family benefit organizations, sections L. 553-2 and L. 835-3 of this Code, section L. 262-46 of the Code of Social Action and Families and section L. 351-11 of the Construction and Housing Code and, for deductions on benefits paid by old age insurance organizations, sections L. 355-10-2 of the Code of Construction and Housing.
    "The facts that may give rise to a penalty are prescribed according to the rules defined in section 2224 of the Civil Code. The penalty recovery action is prescribed by two years from the date of the notification of the penalty by the director of the agency concerned. »
    II. - Article L. 133-4 of the same code is amended as follows:
    1° The last sentence of the eighth preambular paragraph is deleted;
    2° The penultimate paragraph is supplemented by two sentences as follows:
    "A 10% increase is applicable to amounts claimed that have not been paid on the due dates referred to in the stay. This increase can be discounted. »
    III. - Article L. 162-1-14 of the same code is amended as follows:
    1° The b of the 3° is thus modified:
    (a) The first sentence is supplemented by the words: "or the manner in which it will be recovered from future benefits";
    (b) At the end of the second sentence, the word "administrative" is replaced by the words "social security cases";
    2° The second sentence of the penultimate paragraph is deleted;
    3° Before the last paragraph, two subparagraphs are inserted:
    "The penalty can be recovered by deductions on future benefits. It is applied to the social insured under Article L. 133-4-1.
    "The facts that may give rise to a penalty are prescribed according to the rules defined in section 2224 of the Civil Code. The penalty recovery action is prescribed by two years from the date of the notification of the penalty by the director of the agency concerned. »
    IV. - Article L. 162-1-14-1 of the same code is amended as follows:
    1° In the ninth paragraph, after the word: "recidivism", the words are inserted: "within a prescribed time limit";
    2° After the eleventh preambular paragraph, a sub-item reads as follows:
    "Decisions on sanctions under this article may be challenged before the Social Security Court. When these penalties consist of financial penalties, they are recovered as defined in the seventh and ninth paragraphs of Article L. 162-1-14. »
    V. - The second paragraph of Article L. 162-1-14-2 of the same code is amended as follows:
    1° After the word: "notified" are inserted the words: "and recovered";
    2° Is added a sentence as follows:
    "The penalty may be challenged in the Social Security Court. »
    VI. - In the first sentence of the first paragraph of Article L. 262-52 of the Code of Social Action and Families, the words: "for the penalty provided for" are replaced by the words: ", in respect of family benefits, in the sixth, seventh, ninth and tenth paragraphs of I, in the second sentence of the eleventh paragraph of I and II of".
    VII. - Administrative courts remain competent to hear appeals against decisions on sanctions Articles L. 114-17 and L. 162-1-14 to L. 162-1-14-2 of the Social Security Code and pending on the date of promulgation of this Act.
    VIII. - The first paragraph of articles L. 355-3 and L. 723-13 and the last paragraph of Article L. 815-11 of the Social Security Code are supplemented by the words: ", except in the case of fraud or false declaration".
    IX. - Article L. 725-3-1 of the Rural and Maritime Fisheries Code is supplemented by the words "as well as the last two sentences of the ninth paragraph of the same article".

    Rule 115 Learn more about this article...


    After the word "don't", the end of the last paragraph of Article L. 262-9 of the Code of Social Action and Families is thus written: "Do not live in a fair and permanent relationship and, in particular, do not share with a spouse, concubine or partner of a civil pact of solidarity its resources and expenses. When one of the members of the couple resides abroad, it is not considered isolated that resident in France. »

    Article 116 Learn more about this article...


    After the 2° of the article L. 333-1 of the consumer code, it is inserted a 3° as follows:
    « 3° Debts originating from fraudulent maneuvers committed to the social welfare organizations listed in theArticle L. 114-12 of the Social Security Code.
    "The fraudulent origin of the debt is established either by a court decision or by a sanction imposed by a social security organization under the conditions laid down in articles L. 114-17 and L. 162-1-14 of the same code. »

    Article 117 Learn more about this article...


    After the first sentence of the third paragraph of Article L. 114-12-1 of the Social Security Code, two sentences are inserted as follows:
    "These exchanges may include the amounts of cash benefits provided by the organizations mentioned in the first paragraph. This new feature is implemented before the end of 2012. »

    Article 118 Learn more about this article...


    After article L. 114-12-1 of the same code, an article L. 114-12-3 is inserted as follows:
    "Art. L. 114-12-3. - The finding of fraudulent obtaining, including through false documents or false statements, of a registration number on the national register for the identification of natural persons, results in the suspension of the payment of benefits under the conditions provided for in section L. 161-1-4 and the review of the right to all benefits paid by the organizations referred to in section L. 114-12. Where applicable, the department responsible for the national directory for the identification of natural persons shall cancel the registration number obtained fraudulently. »

    Rule 119 Learn more about this article...


    After the word: "applicant", the end of the penultimate paragraph of Article L. 161-1-4 of the same code is as follows: "of supporting documents, the presentation of false documents or false information or the repeated lack of response to the summons of a social security organization shall, as the case may be, result of the suspension of the application's instruction period for a maximum period of time fixed by decree, or of the payment of »

    Rule 120 Learn more about this article...


    I. ― Article L. 376-1 of the same code is amended as follows:
    1° The second sentence of the seventh paragraph is deleted;
    2° After the word: "so", the end of the last paragraph is thus written: "as in articles L. 725-3 to L. 725-4 of the rural code and the marine fisheries. »
    II. - Chapter VI of Title VII of Book III of the same Code is supplemented by an article L. 376-4 as follows:
    "Art. L. 376-4. - The social security fund of the insured person is informed of the friendly settlement between the insured person and the responsible third party or insurer.
    "The insurer who has made a friendly settlement without complying with the obligation referred to in the first paragraph may not preclude the credit union from the prescription of its claim. It shall pay to the credit union, in addition to the amounts obtained by the credit union under the subrogatory remedy provided for in section L. 376-1, a penalty that is based on the amount of the sums and the gravity of the failure to provide information, within the limit of 50% of the refund obtained.
    "The second paragraph of this section is also applicable to the insurer of the responsible third party when it fails to comply with the credit union's obligation of information under the seventh paragraph of section L. 376-1. Only one penalty is due to the same claim.
    "The challenge of the decision of the social security fund regarding the payment of the penalty is the litigation of social security. The penalty shall be recovered as defined in the seventh paragraph of Article L. 162-1-14. The penalty recovery action is prescribed by two years from the date the penalty is notified by the director of the credit union.
    "The modalities for the application of this article are defined by decree in the Council of State. »
    III. - Article L. 454-1 of the same code is amended as follows:
    1° The second sentence of the fifth paragraph is deleted;
    2° After the word: "so", the end of the last paragraph is thus written: "as in articles L. 725-3 to L. 725-4 of the rural code and the marine fisheries. »
    IV. - Chapter IV of Book IV title V of the same code is supplemented by an article L. 454-2 as follows:
    "Art. L. 454-2. - The insured's health insurance fund is informed of the amicable settlement between the insured and the responsible third party or insurer.
    "The insurer who has made a friendly settlement without complying with the obligation referred to in the first paragraph of this section shall not preclude the credit union from the prescription of its claim. It shall pay to the credit union, in addition to the amounts obtained by the credit union under subrogatory appeals under sections L. 454-1, L. 455-1 and L. 455-1-1, a penalty that is based on the amount of such sums and the gravity of the breach of the obligation of information, within the limit of 50% of the refund obtained.
    "The second paragraph of this section is also applicable to the insurer of the responsible third party when it fails to comply with the credit union's obligation of information under the fifth paragraph of section L. 454-1. Only one penalty is due to the same claim.
    "The challenge of the decision of the health insurance fund regarding the payment of the penalty is the social security litigation. The penalty shall be recovered as defined in the seventh paragraph of Article L. 162-1-14. The penalty recovery action is prescribed by two years from the date the penalty is notified by the director of the credit union.
    "The modalities for the application of this article are defined by decree in the Council of State. »
    V. - Prior to the last paragraph of Article L. 752-23 of the Rural Code and Maritime Fisheries, a paragraph is inserted as follows:
    "The fifth paragraph ofarticle L. 454-1 and Article L. 454-2 of the Social Security Code are applicable to agricultural non-salaries. »

    Rule 121 Learn more about this article...


    At the beginning of Article L. 114-11 of the Social Security Code, four paragraphs are added:
    "In carrying out their respective missions, the social security agencies, the State consular offices and the establishment referred to in Article L. 452-1 of the Code of Education shall communicate any information that is useful:
    « 1° Appreciation and control of the conditions of opening or service of the benefits and aids they provide;
    « 2° On the recovery of the claims they hold;
    « 3° To the consular authorities' verification of the conditions for the issuance of entry and residence documents in French territory. »

    Article 122 Learn more about this article...


    After the fifth preambular paragraph of Article L. 114-19 of the same code, it is inserted a paragraph as follows:
    "Documents and information are provided free of charge within 30 days of receipt of the request. »

    Article 123 Learn more about this article...


    I. ― Section 2 bis of Chapter III bis of Title III of Book I of the same Code is supplemented by an article L. 133-6-7-1, as follows:
    "Art. L. 133-6-7-1. - In the absence of revenue or revenue or income tax returns during a period of at least two consecutive calendar years, an independent worker is presumed to no longer be engaged in professional activity justifying his or her affiliation with the independent social regime. In this case, the delisting may be decided by the social security organization to which it reports, unless opposed by the person concerned in the context of an adversarial procedure whose terms are specified by decree in the Council of State. It is effective at the end of the last year under which income or revenue is known.
    "The organization that pronounces this delisting shall inform the receiving authorities, individuals and organizations of the information regarding the cessation of activity provided for in theArticle 2 of Act No. 94-126 of 11 February 1994 related to the initiative and individual enterprise. When the self-employed person is registered in a professional order, the worker is also informed. »
    II. - The second part of article L. 8221-3 of the Labour Code is supplemented by a sentence as follows:
    "This situation may, in particular, result from the non-declaration of a portion of its turnover or income or from the continuation of activity after being removed by social welfare agencies under Article L. 133-6-7-1 of the Social Security Code. »

    Rule 124 Learn more about this article...


    Sub-section 5 of section 1 of chapter III of title IV of Book II of the Social Security Code is supplemented by an article L. 243-3-2 as follows:
    "Art. L. 243-3-2. - When a leader of a corporation, legal person or any other group that has been subjected to a concealed work report is responsible for fraudulent manoeuvres or for the serious and repeated failure to comply with social obligations that have made it impossible to collect contributions, contributions and monetary penalties due by the company, the legal person or the group, the executive officer may be declared in solidarity responsible for the payment of such contributions
    "To this end, the director of the creditor agency assigns the leader to the president of the court of large instance at the place of the head office.
    "This section shall apply to any person exercising in law or in fact, directly or indirectly, the effective direction of the corporation, corporation or grouping.
    "The remedies that may be brought against the decision of the President of the Court of Grand Instance do not preclude the director of the creditor organization from taking precautionary measures against the leader to preserve the recovery of social debt. »

    Rule 125 Learn more about this article...


    The second paragraph of Article L. 8221-6 of the Labour Code is replaced by two paragraphs:
    "In this case, the concealment of employee employment is established if the policymaker intentionally subtracted by this means to the fulfilment of the obligations of the employer referred to in Article L. 8221-5.
    "The policy-holder who has been sentenced to work concealed pursuant to this II shall be liable to pay social contributions and contributions to the employers, calculated on the amounts paid to the persons mentioned in I for the period for which the concealment of employee employment has been established. »

    Rule 126 Learn more about this article...


    The last paragraph of Article L. 133-4-2 of the Social Security Code is deleted.

    Article 127 Learn more about this article...


    The last paragraph of Article L. 242-1-2 of the same code is amended as follows:
    1° The words: ", under old age insurance," are deleted;
    2° After the first occurrence of the word "paragraph", the words are inserted: "in terms of the opening of rights and the calculation of the resources for benefits provided by social security organizations".

    Rule 128 Learn more about this article...


    After article L. 243-7-3 of the same code, an article L. 243-7-4 is inserted as follows:
    "Art. L. 243-7-4. - As long as an illegal work report has been established and the situation and behaviour of the company or its leaders jeopardizes the recovery of hidden contributions, the recovery inspector may file a social flogging report with the assessment of the amount of hidden contributions.
    "This report is signed by the inspector and the company's manager. In the event of a refusal to sign, mention is made in the minutes.
    "The original record is retained by the recovery body and a copy is notified to the offender.
    "In the light of the illegal work record and the social flogging record, the director of the recovery agency may apply to the enforcement judge for the authorization to practise on the property of the debtor one or more precautionary measures referred to in the proceedings articles 74 to 79 of Act No. 91-650 of 9 July 1991 reform of civil enforcement procedures. »

    Rule 129 Learn more about this article...


    Part II of Article L. 561-29 of the monetary and financial code is supplemented by a paragraph as follows:
    "The service can transmit to the organizations mentioned to theArticle L. 114-12 of the Social Security Code information in relation to the facts referred to in Article L. 561-15 of this Code, which they may use for the exercise of their duties. »

  • Annex



    A N N E X E S
    A N N E X E A


    REPORT OF A TABLE, ESTABLISHED TO 31 DECEMBER 2010, RELATING TO THE PATRIMONIAL SITUATION OF BASIC EMERGENCY EQUIPMENTS AND ORGANIZING ORGANIZING THE FINANCING, AT THE AMORTHING OF THEIR DETECTIVE At EXERCICE 2010


    I. ― Heritage Situation of Social Security as at 31 December 2010



    (In billions of euros)



    ACTION
    2010
    2009
    VARIATION
    PASSIF
    2010
    2009
    VARIATION

    Assets

    6.6

    6.8

    0.2

    Clean capital

    87.1

    66.3

    20.8

    Non-financial assets

    3.9

    4.0

    0.0

    Rankings

    32.8

    30.3

    2.4





    General regime

    0.5

    0.5

    0.0

    Loans, security deposits and other

    1.8

    2.1

    0.2

    Other plans

    3.7

    3.5

    0.2





    Social Debt Relief Fund (CADES)

    0.2

    0.2

    0.0

    Advances, loans granted to organizations in the social sphere (Unions for the management of health insurance institutions, real estate unions of social security organizations)

    0.8

    0.8

    0.0





    Retirement Reserve Fund (RRF)

    28.3

    26.1

    2.3





    Reservations

    13.2

    13.7

    0.5





    General regime

    2.6

    2.6

    0.0





    Other plans

    6.7

    7.0

    0.3





    FRR

    3.9

    4.1

    0.1





    Report again

    110.0

    - 90.7

    19.3





    General regime

    - 13.5

    6.9

    20.4





    Other plans

    1.3

    0.3

    ― 1.0





    Fonds de solidarité vieuxsse (FSV)

    3.2

    0.0

    3.2





    CADES

    - 92.0

    97.3

    5.3





    Year result

    ―23.9

    19.6

    - 4.3





    General regime

    ―23.9

    20.3

    3.6





    Other plans

    ― 1.6

    1.2

    0.4





    FSV

    4.1

    3.2

    0.9





    CADES

    5.1

    5.3

    0.1





    FRR

    0.6

    0.1

    0.7





    Other

    0.7

    0.0

    0.7





    FRR

    0.7

    0.0

    0.7





    Risk and expense provisions

    17.0

    16.4

    0.5

    Financial assets

    50.7

    48.4

    2.3

    Financial liabilities

    146.8

    124,7

    22.0

    Securities and investment securities

    44,6

    43.9

    0.8

    Debts represented by a title (bonds, cash notes, ECP)

    118,8

    106.5

    12.3

    Other plans

    9.2

    8.8

    0.4

    General regime

    17.5

    9.6

    8.0

    CADES

    1.5

    4.0

    2.4

    CADES

    101.2

    97.0

    4.3

    FRR

    33.9

    31.2

    2.7

    Debts in credit institutions

    24,7

    17,8

    6.9

    Banking

    5.9

    4.3

    1.6

    General scheme (including deposits and consignments)

    21.0

    15.5

    5.5

    General regime

    0.8

    0.5

    0.3

    Other plans

    3.7

    2.1

    1.6

    Other plans

    0.7

    0.6

    0.1

    CADES

    0.0

    0.2

    0.2

    CADES

    1.2

    1.0

    0.2

    Deposits

    0.8

    0.0

    0.8

    FRR

    3.2

    2.3

    0.9

    General regime

    0.8

    0.0

    0.8

    Net financial instruments

    0.2

    0.2

    0.0

    Net financial instruments debt

    0.1

    0.1

    0.0

    CADES

    0.2

    0.2

    0.0

    FRR.

    0.1

    0.1

    0.1





    Other

    2.4

    0.3

    2.0





    General regime

    0.3

    0.0

    0.2





    Other plans

    0.1

    0.1

    0.0





    CADES

    2.0

    0.2

    1.8

    Circulating

    59.8

    60.1

    0.3

    Circulating liabilities

    40.5

    40.5

    0.0

    Benefits

    7.8

    9.1

    1.3

    Debts and liabilities (CAP) for recipients

    21,3

    21,3

    0.0

    Accounts and receivables (PAR) on contributions, social contributions, taxes

    41.3

    38.1

    3.2

    Debts to contributors

    1.4

    1.0

    0.4

    State and other public entities

    6.6

    10.1

    ― 3.5

    Debts and CAP in respect of the State and other public entities

    7.6

    7.2

    0.4

    Other assets (different accounts, waiting and regularization accounts)

    4.1

    2.8

    1.3

    Other liabilities (different creditors, waiting and regularization accounts) from electric and gas industries

    10.2

    11.0

    0.8

    Total assets

    117.1

    115.3

    1.8

    Total liabilities

    117.1

    115.3

    1.8


    In the field of all the basic plans, the Fonds de solidarité vieuxsse (FSV), the Caisse d'amortissement de la défense sociale (CADES) and the Fonds de réserve pour les pensions (FRR), the net liabilities (or "debt") of social security, measured by its own capital, amounted to €87.1 billion as of December 31, 2010, i.e., the equivalent of 4.5B gross domestic product ( This net liability increased by 21 billion euros compared to that recorded as of 31 December 2009 (66.3 billion euros), mainly due to the deficit of the plans and the FSV for the year 2010 (29.6 billion euros), lessened by the amortization of the debt carried by CADES (5.1 billion euros) and the revenues allocated to the FRR (2.2 billion euros) in that same year.
    In view of the amounts placed or held in cash (50.7 billion euros, approximately two thirds of which by the FRR), the need for working capital (difference of 19.3 billion euros between capital assets and liabilities), as well as capital assets and provisions, the financial indebtedness amounted to 146.8 billion euros as at 31 December 2010 (compared to € 124,7 billion as at 31 December 2009).
    All of these elements are detailed in annex 9 to the Social Security Financing Bill for 2012.
    II. - Coverage of deficits in fiscal year 2010 and allocation of surpluses in that fiscal year.
    The General Plan accounts were deficits of 23.9 billion euros in 2010. The sick branch has thus recorded a deficit of 11.6 billion euros, the occupational health-care industry (AT-MP) a deficit of 0.7 billion euros, the Vieillesse branch a deficit of 8.9 billion euros and the Family branch a deficit of 2.7 billion euros.
    In order to facilitate the return of growth, which was a priority objective, it was decided in the exceptional context of the year 2010 not to proceed in this fiscal year on debt occasions by CADES. The Government had therefore made the necessary commitments to ensure that the overall deficit of the general regime for the 2009 and 2010 fiscal years could be financed by the Central Agency of Social Security Agencies, with the support of the Agence France Trésor, using non-permanent resources within the limits set by the laws of financing social security.
    Within the framework Organic Law No. 2010-1380 of 13 November 2010 on social debt management, Act No. 2010-1594 of 20 December 2010 Social Security Funding for 2011 organized the transfer of these accumulated deficits from the General Plan for 2009 and 2010 (excluding Labour Accidents) to CADES. In accordance with the organic provisions, the fund has been allocated resources to finance these amounts.
    Most of the basic regimes other than the general regime have, by construction, balanced annual results or very close to the balance. These are financially integrated regimes to the general regime (agricultural regime outside the branch Retirement of the regime of the operators, sick regimes of the military, worship and sailors), pension schemes balanced by state subsidies (SNCF, RATP, regimes of the mines and sailors), employer regimes (public function of the state) balanced by the latter and finally the social regime of the independents whose deficits are covered by the proportions
    However, two plans that do not benefit from such balancing mechanisms recorded deficit results in 2010.
    On the one hand, the Retraite branch of the agricultural farmers' regime, the deficit was €1.3 billion (compared to €1.2 billion in 2009) and was the subject of bank financing in accordance with the ceiling set by the ceiling Act No. 2009-1646 of 24 December 2009 from 2010 to € 3.5 billion. This Act transfers to CADES, through the mobilization of additional resources to which it will benefit in accordance with the Public Deficit Plan, the accumulated deficits for 2009 and 2010 of the Old Plan branch.
    On the other hand, the National Pension Fund for Local Government Officers (CNRACL), it should be noted that it first recorded a deficit in 2010 (€0.5 billion). Given the previous reserves of the caisse, it was essentially self-financed.
    Finally, a few plans have surplus results, mainly the National Electrical and Gas Industries Fund (SNCF) and the temporary Disability Allowance Fund (approximately EUR 0.1 billion each) for local government employees. These surpluses are allocated to the rescheduling of cash.
    In addition, the FSV recorded a deficit of 4.1 billion euros in 2010. The non-reserve fund is included in the balance sheet. To the extent that the VSP is not authorized by the Financing Act to borrow, this deficit in 2010 resulted in a debt to the National Old Age Insurance Fund (CNAV), which was financed in fine by the cash borrowings of the Central Agency for Social Security Organizations (ACOSS), under the same conditions as CNAV's own deficits.
    As with the general regime, Act No. 2010-1594 of 20 December 2010 referred to above organized the transfer of accumulated deficits in 2009 and 2010 to ACADES.


    A N N E X E B


    REPORT ON THE PREVISIONS OF RECETTES AND THE OBJECTIVES OF EXPENDITURES OF BASIC EMERGENCY EQUIPMENTS AND THE GLOBALLY EQUIPMENT, REVISIONS AND DEPENSES OF BODIES CONCERNING THE FINANCING OF


    Hypothesis retained in quadrennial projection


    (percentage)




    2012
    2013
    2014
    2015

    Gross domestic product

    1.0

    2.0

    2.0

    2.0

    Private salary

    3.0

    4.0

    4.0

    4.0

    Inflation

    1.7

    1.75

    1.75

    1.75

    National Health Insurance Expenditures Objective

    2.5

    2.5

    2.5

    2.5


    This annex describes the changes in expenditures, revenues and balances of the general regime, all mandatory basic regimes and the Old Age Solidarity Fund (VSF) by 2015, based on revised macroeconomic assumptions, taking into account recent developments in the economic and financial crisis and their impact on the international economic environment. These projections also incorporate the financial impact of the measures of the return-to-balanced public finances plan announced on November 7, 2011, which contribute particularly to the recovery of social security accounts.
    The assumptions continued to slow down in 2012 with the increase in the private payroll, the main share of social security resources (3.0 per cent compared to 3.7 per cent in 2011). For fiscal years 2013 to 2015, the private payroll is expected to increase by 4% per year in value. These assumptions reflect the desire to base the social security recovery strategy, which underlies the measures set out in this Act, on sincere and prudent financial projections:
    ― the revised increase in the payroll for 2012 incorporates the entire correction to the decrease in the growth hypothesis of gross domestic product (GDP), it itself calibrated on the average forecast for the coming year of independent business institutes;
    ― the growth hypothesis of 4.0% starting in 2013 remains below the average annual rate of private pay between 1998 and 2007 (4.1%), while the possibility of a partial catch-up of the growth points lost between 2008 and 2012 compared to the historical trend cannot be ruled out.
    The quadrennial period that opens is marked by uncertainties about the international macroeconomic environment, which strongly compel the state's public finances. In the stability programme transmitted to the European Commission in the first half of 2011, France committed itself to its European partners to respect a recovery path for the balance of public administrations (from ―5.7 per cent of GDP in 2011 to ―4.5 per cent in 2012, ― 3.0 per cent in 2013 and ― 2.0 per cent in 2014) and whatever the economic situation. All sub-sectors in public administrations will need to take part in this effort, including social security, given its weight in all public finances, although its share in the need for overall public funding remains limited (less than one-fifth of the need for public administration funding in 2010).
    The financial trajectory described in this annex confirms the objective of a very significant reduction in the deficit of all mandatory basic social security schemes. Despite the downward revision of macroeconomic assumptions, the implementation of the second plan to return to the balance of public finances allows to return to a deficit balance of €13.8 billion in 2012, as well as to increase the recovery effort between 2013 and 2015.
    The deficit of all mandatory social security basic plans is expected to increase from €20.1 billion in 2011 to €8.9 billion in 2015, a decrease of more than half. For the only general regime, recovery is even more significant: 6.5 billion euros in 2015, compared to 8.0 billion euros in 2011. The recovery of the deficits of the Vieille branch by the Social Debt Adjustment Fund (CADES) being already funded until 2018, during the period of recovery of the pension reform, only the deficit of the general pension plan off the Vieille branch, which will be only 2 billion euros for the 2015 fiscal year, will have to be reimbursed by subsequent surpluses.
    The main lever and key to the sustainability of this recovery are an ongoing effort to control social security spending. The quadrennial projection described in this annex contains the hypothesis of an average annual increase in net expenses of all mandatory basic social security plans of 2.9% in value between 2011 and 2015, or 1.5% in volume. Maintaining from 2013 the growth of social security spending at a lower rate of almost one point than that of national wealth will be an important result in the pressures that the ageing population will exert on the demand for social services and services. This will be achieved through a strong commitment to the efficiency of the delivery of these services and services.
    In terms of health insurance, pursuant to the return to the balance of public finances plan announced on November 7, 2011, this Act sets out a national target for health insurance expenditures (ONDAM) up 2.5% in value compared to the 2011 target, which will be met. This quadrennial projection is also based on the assumption that this rate of progression will be increased by 2.5% until 2015, and the Government is also committed to continuing a growth in health insurance expenditures controlled at this rate in 2016.
    Given a tendential trend, in the absence of any measure, slightly higher than 4%, this means an economy effort of more than 2.5 billion euros each year. These savings will be allocated precisely between medically controlled city care spending, lowering drug costs through the development of generics and action on product prices, improving hospital efficiency and tariff convergence: the measures will focus on strengthening the effectiveness and performance of the care system.
    The Government's initial project already included commitments and provisions to meet a 2.8% increase in spending under NCDW compared to the 2011 target, which requires a $2.2 billion savings. These will be achieved:
    ― by new medical control actions, which will have to produce 550 million euros of savings;
    - by tariff adjustments in the field of health products in the context of conventional policy, in the amount of 770 million euros;
    - by lower prices for certain medical acts, mainly in radiology and biology, to €170 million;
    ― by setting up a fourth day of deficiency in the event of a sickness stop, for an amount valued at 200 million euros;
    – finally, in the hospital area, by continuing tariff convergence, improving hospital performance and intensifying anti-fraud policies, and a first decrease in the allocation of health insurance plans to the Modernization Fund of Public and Private Health Institutions, expected to be €535 million in savings.
    In addition, pursuant to III of Article 8 of Act No. 2010-1645 of 28 December 2010 of public finance programming for the years 2011 to 2014, an amount of 545 million euros will be set aside in 2012.
    The measures announced during the presentation of the second return to the balance of public finances will enhance these efforts. The expenditure under ONDAM will indeed be reduced by more than 500 million euros in 2012:
    – 290 million euros in savings on drug spending;
    - 90 million euros for a revision of the rates of biology and radiology;
    - €15 million for the additional downward adjustment of the allocation of health insurance plans to the Modernization Fund for Public and Private Health Institutions (a total decrease in the allocation of €100 million compared to the Government's proposed Social Security Financing Act);
    – 20 million euros on medical-social expenditures for the elderly.
    These additional measures will contain the increase in expenditures within the NDWA scope below 2.5% in 2012. From 2013 to 2016, 500 million euros of additional savings each year will have to be cleared in order to maintain a rate of growth of 2.5% of the NDAM. These efforts to control health insurance expenditures will find a tangible translation into the accounts of the Maladie branch of the general plan, whose deficit will return from 11.6 billion euros in 2010 to 5.9 billion euros in 2012 — one division by two in two years — and 0.9 billion euros in 2015. This annex describes a credible path back to a near-balance of the disease branch in the middle of this decade.
    France's performance in regulating health insurance expenditures cannot be overemphasized. Since the beginning of the previous decade, the rate of growth in value for health insurance expenditures has increased from about 7% to less than 3%. The cumulative amount of savings from a situation where health insurance expenditures would have remained on their previous trajectory can be estimated at €40 billion between 2002 and 2010. According to the Organisation for Economic Co-operation and Development (OECD), our country is ranked second in the moderation of public health spending growth since 2005. With an average increase of 1.7% per year in volume over this period, our health insurance expenditures increase significantly less rapidly than in Germany (2.6%) or the UK (5.9%). But at the same time, France remains, among the developed countries, one of those in which the share of health spending financed by public administrations is the highest, in which patients have the widest liberties of doctor choice or mode of care, and which presents the best results in terms of the health of the population, especially with regard to the life expectancy of women. The last report of the Health Accounts Commission shows that, for the third year in a row, the remaining household dependants are decreasing to 9.4% of the consumption of medical care and goods. This share remains in second place France, just behind the Netherlands.
    In the area of pensions, the reform adopted in 2010 began to be implemented in 2011. Following the announcements by the Prime Minister on November 7, 2011, this Act accelerates the upsurge in this reform: the second phase of the rehabilitation of retirement ages, as of January 1, 2012, will increase to 60 years and 9 months for the generation born in 1952 the age of the opening of rights and to 65 years and 9 months the age allowing the automatic application of the full rate, one month more than the schedule initially set. It is reviewed as a whole in order to reach the minimum and "full" ages of 62 and 67, respectively, as early as 2017 and the 1955 generation. In total, the provisions of the pension reform on expenditure will produce in 2012 a significant economy, of the order of 1.4 billion euros for the general plan, not to mention the impact of the revenue measures taken in the Social Security Financing Act for 2011 for the benefit of the National Old Age Insurance Fund (CNAV) and the Old Age Solidarity Fund (FSV), and the gains in resources for the social security plans resulting to the maintenance of more. If the impact of the acceleration of the implementation of the reform will remain limited for the general regime in 2012 (60 million euros), it will be significantly more significant in 2015 (480 million euros), contributing to the recovery of the Vieillesse branch.
    In the longer term, the reform sets the objective of a return to the financial balance of the entire pension system by 2018, without degrading the high level of pension benefit to retirees, or increasing the levies supported by assets in order to preserve the near-parity of living standards currently observed between assets and retirees (the standard of living of retirees is equivalent to an average of 96% 2009). Thus, the preferred lever is the rise of the effective retirement age, through the extension of the insurance period required to obtain a full-rate pension based on the evolution of life expectancy and the rise of the legal ages of retirement. This lever is necessary to achieve the objective of the 2003 pension reform of a two-thirds share of life expectancy gains in favour of professional activity and the remaining third in favour of retirement. In total, according to the available assessments, the increase in age limits is expected to result in a €9.1 billion gain by 2018 for the Age branch of the general regime, almost half of the overall impact of the reform.
    A one-time effort will also be requested in 2012 for the beneficiaries of family benefits and housing assistance, with a flat rate of 1%. This measure will reduce the expenditure on these devices by nearly 400 million euros. In view of the application, starting in 2012, as of April 1 of the revalorization of family benefits, the impact of this measure will be a little more important in 2013 (nearly 500 million euros) and will then remain stable. The law's principle of revising these benefits by reference to changing consumer prices will continue to apply in 2013 and the following years.
    Finally, social security schemes and funds financed by them will have to save on their own budgets. The new savings on the operation and social action of the plans will be 60 and 85 million euros respectively. Funding will also be reduced by €75 million. In total, 220 million euros will be saved.
    The recovery of social security accounts by 2015 is also based on an effort to upgrade revenues. Indeed, the loss of revenues for the general regime related to the very unfavourable conjuncture that the French economy crossed between 2008 and 2011 can be estimated at 9 pay points of the private sector, or about 18 billion euros. Given the magnitude of this puncture on these revenues, without which the social security regimes as a whole would be surplus, the Government is implementing actions to ensure sustainable financing of the high level of social protection that must be guaranteed to the French.
    La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 2010-1330 of 9 November 2010 Retiring reform already had such a goal, with an important revenue stream. Targeted new income is provided to pension plans and VSPs. Thus, households imposed on the highest income tax scale have seen their marginal rate increase by one point. In addition, sampling on stock-options and scap retreats was noted. Capital revenues are also made in a specific way (assets of transfers and real estate, dividends and interest). With respect to companies, the revenue gain induced by the annualization of the calculation of the general social contribution allowances benefits fully to the VSP. Finally, over the longer term, old-age premiums to the general plan will be increased between 2015 and 2018, and offset by a decrease in unemployment insurance premiums, given the planned improvement in the financial situation of this plan.
    In addition to the revenues associated with pension reform, the new measures announced by the Prime Minister on 24 August 2011 as part of a first plan to combat public deficits, and implemented in the Corrigendum Finance Act for 2011 and in the Finance Act for 2012 as well as in this Act, will improve the accounts of the social security organizations of 6 billion euros niches, including approximately 4 billion euros in the reduction of social security. These include: the reform of the cut-offs on real estate surpluses, the rise in the social plan covering schemes such as wage savings or supplementary pension, the expansion of the base of the general social contribution and the contribution for the reimbursement of social debt for the income of activity, the reintegration of overtime in the scale of general social contribution adjustments following the recommendations of the These measures also reflect the desire to strengthen the fairness of the levy, including the contribution of the highest incomes through the increase of 1.2 points of social levies on capital incomes. In addition, as part of a comprehensive public health policy aimed at limiting risk behaviours, tobacco prices will be increased, high alcohol tax and a new tax created on added sugar drinks.
    The year 2012 will see the recovery of social security accounts going through a decisive step. However, the effort to replenish revenues will continue beyond that date, with priority attention being given to measures to reduce social niches. These devices, which constitute derogations from the rules of common comparator law and rates of major social levies, can be justified in terms of the incentives they allow to address economic agents, as in the case of general low-wage reliefs that aim to stimulate the hiring of workers who are low-skilled by companies. Some may have a goal of equity or social cohesion that justifies maintaining them. Others, on the other hand, do not meet or exceed the initial economic or social objectives. Based on this observation, and as a result of the measures already taken, the Government intends to continue beyond 2012 the effort to neutralize the least effective social niches. This quadrennial projection incorporates in this capacity an increase in social income for social security participation in the effort to reduce the public deficit necessary to meet the trajectory on which the Government is committed.
    In total, the assumptions used in the construction of the quadrennial projection associated with this Act result in an average annual increase in revenues from all mandatory basic social security plans of 3.6 per cent in value from 2011 to 2015. For the only general regime, revenue dynamics would be even stronger: + 4.0 per cent on average. With a gap of one point of growth per year between dynamic revenue through regular flow of new measures and long-term expenditure, social security is approaching financial balance in 2015.
    Before this deadline, it will be necessary to finance the deficits that will appear and whose transfer to the Social Debt Fund (CADES) is not organized at this stage. The deficits of CNAV and FSV will be recovered by CADES during the period of recovery of the effects of pension reform, until 2018. While the Sickness and Family branches will remain deficits until 2015 and will have to bear financial expenses for these financing needs, their deficit will be significantly reduced from previous projections, and their impact on the cash flow of the Central Agency for Social Security Agencies (ACOSS) in 2012 will therefore be greatly reduced. Other schemes authorized to resort to borrowing, such as the farmers' pension plan, will face an identical challenge. However, as social security accounts are rectified, it will be possible to provide resources to CADES to cover further limited deficits in accordance with organic provisions. In this regard, this Act provides for the mobilization of new revenues to be derived from CADES under the Public Deficit Control Plan (approximately 220 million euros) for the benefit of the amortization of the accumulated deficit for 2009 and 2010 of the Old Age branch of the agricultural farmers' plan, in accordance with the expected end-of-life date of the credit union estimated at 2025.


    General regime


    (In billions of euros)





    2009
    2010
    2011
    2012
    2013
    2014
    2015

    Disease

    Income

    138,8

    141.8

    147,9

    155.7

    161.4

    167.7

    174.2

    Expenditure

    149.3

    153.4

    157.4

    161.6

    165.9

    170.6

    175.2

    Balance

    10.6

    11.6

    ― 9,5

    5.9

    4.5

    2.9

    0.9

    Industrial accidents, occupational diseases

    Income

    10.4

    10.5

    11.6

    12.0

    12.3

    12.8

    13.3

    Expenditure

    11.1

    11.2

    11.6

    11.9

    12.2

    12.5

    12.8

    Balance

    0.7

    0.7

    0.0

    0.0

    0.1

    0.3

    0.5

    Family

    Income

    56.1

    50.2

    52.4

    53.9

    55.3

    57.0

    58.7

    Expenditure

    57,9

    52,9

    55.0

    56.0

    57,5

    58.9

    60.3

    Balance

    1.8

    2.7

    2.6

    2.0

    2.2

    1.9

    1.5

    Old age

    Income

    91.4

    93.4

    100.6

    104,7

    109.0

    113,7

    119.1

    Expenditure

    98.7

    102.3

    106.6

    110.6

    115.0

    119.1

    12.6

    Balance

    7.2

    8,9

    ― 6.0

    5.9

    ― 6.0

    5.4

    4.5

    All consolidated branches

    Income

    288,7

    287,5

    303.3

    316,7

    328.2

    341.0

    355.0

    Expenditure

    309.1

    311.5

    321.3

    330,5

    340.8

    351.0

    361.5

    Balance

    20.3

    ―23.9

    — 18.0

    13.8

    12.6

    10.0

    6.5


    All basic mandatory plans


    (In billions of euros)





    2009
    2010
    2011
    2012
    2013
    2014
    2015

    Disease

    Income

    162.0

    165.2

    171.8

    180.4

    186.4

    193.2

    200.3

    Expenditure

    172.4

    176.5

    181.3

    186.2

    190.8

    196.0

    201.0

    Balance

    10.4

    11.4

    ― 9,5

    5.8

    4.4

    2.7

    0.7

    Industrial accidents, occupational diseases

    Income

    11.8

    11.9

    13.0

    13.4

    13.7

    14.2

    14.8

    Expenditure

    12.4

    12.6

    12.9

    13.3

    13.6

    13.9

    14.2

    Balance

    0.6

    0.7

    0.1

    0.1

    0.1

    0.3

    0.6

    Family

    Income

    56.6

    50.8

    52,9

    54.4

    55.8

    57,5

    59.3

    Expenditure

    58.4

    53.5

    55,5

    56.5

    57,9

    59.4

    60.8

    Balance

    1.8

    2.7

    2.6

    2.0

    2.2

    1.9

    1.5

    Old age

    Income

    179.4

    183.3

    194.5

    202,6

    209.1

    216.0

    223.3

    Expenditure

    188.3

    194.1

    202,6

    210.4

    217,5

    224.0

    23.5

    Balance

    8,9

    10.8

    8.1

    ― 7.8

    8.3

    ● 8.0

    7.2

    All consolidated branches

    Income

    401.2

    402.0

    422.0

    440.2

    454.5

    470.1

    486,6

    Expenditure

    422,9

    427,5

    442,2

    455.8

    469.3

    482,4

    495,5

    Balance

    21.7

    - 25.5

    20.1

    - 15.6

    ― 14,8

    12.3

    8,9


    Old-age solidarity fund


    (In billions of euros)





    2009
    2010
    2011
    2012
    2013
    2014
    2015

    Income

    10.0

    9.8

    13.8

    14.206

    14,7

    15.2

    15.7

    Expenditure

    13.2

    13.8

    17.5

    18.3

    18.4

    18.6

    18.8

    Balance

    3.2

    4.1

    3.8

    4.1

    3.8

    - 3.4

    - 3.1




    A N N E X E C
    STATE OF RECETTES, CATEGORIA AND BRANCHE, BASE OBLIGATIONAL EQUIPMENTS AND
    AND ASSESSMENT OF RECETTES, BY CATEGORIA, OF BODIES CONCERNING THE FINANCING OF REGIOUS CES


    1. Income by category and branch of mandatory basic social security schemes:


    Fiscal year 2012



    (In billions of euros)




    MALADIA
    VIEILLESSE
    FAMILY
    ACCIDENTS
    du travail/
    diseases
    professional
    REGINES
    Baseline

    Actual contributions

    82.2

    11.5

    35.3

    12.3

    240.2

    State charges

    1.4

    1.3

    0.5

    0.0

    3.3

    Employer fictitious contributions

    0.9

    36.6

    0.1

    0.3

    38.0

    Widespread social contribution

    63.0

    0.1

    9.5

    0.0

    72.5

    Taxes and taxes

    27,8

    17.7

    8.0

    0.3

    53.8

    Transfers

    2.4

    35.4

    0.3

    0.1

    27.7

    Financial products

    0.0

    0.1

    0.0

    0.0

    0.2

    Other products

    2.7

    0.8

    0.6

    0.4

    4.5

    Income

    180.4

    202,6

    54.4

    13.4

    440.2


    The amounts in total per branch and by category may be different from the aggregation of the detailed amounts due to reciprocal transactions (including transfers).
    2. Income by category and branch of the general social security system:


    Fiscal year 2012


    (In billions of euros)




    MALADIA
    VIEILLESSE
    FAMILY
    ACCIDENTS
    du travail/
    diseases
    professional
    REGIME
    General

    Actual contributions

    73.8

    67.3

    35.0

    11.4

    187,5

    State charges

    1.1

    0.9

    0.5

    0.0

    2.5

    Employer fictitious contributions

    0.0

    0.0

    0.0

    0.0

    0.0

    Widespread social contribution

    54,6

    0.0

    9.6

    0.0

    64.2

    Taxes and taxes

    21,3

    11.1

    7.9

    0.2

    40.5

    Transfers

    2.6

    25.2

    0.3

    0.0

    18.5

    Financial products

    0.0

    0.0

    0.0

    0.0

    0.0

    Other products

    2.4

    0.2

    0.6

    0.3

    3.5

    Income

    155.7

    104,7

    53.9

    12.0

    316,7


    The amounts in total per branch and by category may be different from the aggregation of the detailed amounts due to reciprocal transactions (including transfers).
    3. Income by category of organizations contributing to the financing of mandatory basic social security schemes:


    Fiscal year 2012


    (In billions of euros)




    SOLIDARITY FUNDS

    General social inclusion

    10.0

    Taxes and taxes

    4.2

    Financial products

    0.0

    Total

    14.2


    This law will be enforced as a law of the State.
    Done in Paris, December 21, 2011.


    Nicolas Sarkozy


    By the President of the Republic:


    The Prime Minister,
    François Fillon
    Minister of Economy,
    finance and industry,
    François Baroin
    The Minister of Labour,
    employment and health,
    Xavier Bertrand
    Minister of Budget, Public Accounts
    and state reform,
    Government spokesperson,
    Valérie Pécresse
    Minister of Agriculture, Food,
    Fisheries, Rural
    and landscaping,
    Bruno Le Maire
    Minister of Solidarity
    and social cohesion,
    Roselyne Bachelot-Narquin
    The Minister of Public Service,
    François Sauvadet

    (1) Act No. 2011-1906. Preparatory work: National Assembly: Bill No. 3790; Report of Mr. Yves Bur, Mr. Jean-Pierre Door, Ms. Bérangère Poletti, Mr. Denis Jacquat and Ms. Martine Pinville, on behalf of the Social Affairs Committee, No. 3869; Opinion of Ms. Isabelle Vasseur, on behalf of the Finance Committee, No. 3865; Discussion on 25, 26, 27 and 28 October 2011 and adoption on 2 November 2011 (TA n° 752). Senate: Bill, passed by the National Assembly, No. 73 (2011-2012); Report of Mr. Yves Daudigny, Mr. Ronan Kerdraon, Ms. Isabelle Pasquet, Ms. Christiane Demontès and Mr. Jean-Pierre Godefroy, on behalf of the Social Affairs Committee, No. 74 (2011-2012); Opinion of Mr. Jean-Pierre Caffet, on behalf of the Finance Committee, No. 78 (2010-2011); Discussion on 7, 8, 9, 10 and 14 November 2011 and adoption on 14 November 2011 (TA No. 12, 2011-2012). National Assembly: Bill, amended by the Senate, No. 3933; Report of Mr. Yves Bur, on behalf of the Joint Parity Commission, No. 3944. Senate: Report of Mr. Yves Daudigny, on behalf of the Joint Parity Commission, No. 102 (2011-2012). National Assembly: Bill, amended by the Senate, No. 3933; Report of Mr. Yves Bur, Mr. Jean-Pierre Door, Ms. Bérangère Poletti, Mr. Denis Jacquat and Ms. Martine Pinville, on behalf of the Social Affairs Committee, No. 3966; Discussion and adoption on 22 November 2011 (TA No. 763). Senate: Bill, passed by the National Assembly on new reading, No. 124 (2011-2012); Report of Mr. Yves Daudigny, on behalf of the Social Affairs Committee, No. 128 (2011-2012) ; Discussion and rejection on November 23, 2011 (TA No. 16, 2011-2012). National Assembly: Bill, rejected by the Senate again, No. 4007; Report of Mr. Yves Bur, Mr. Jean-Pierre Door, Ms. Bérangère Poletti, Mr. Denis Jacquat and Ms. Martine Pinville, on behalf of the Social Affairs Committee, No. 4010; Discussion and adoption, on final reading, November 29, 2011 (TA No. 777). ― Constitutional Council: Decision No. 2011-642 DC of 15 December 2011 published in the Official Gazette of this day.

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