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Order No. 2011 - December 22, 2011 1923 Relating To The Development Of Social Security In Mayotte In Departmentalization

Original Language Title: Ordonnance n° 2011-1923 du 22 décembre 2011 relative à l'évolution de la sécurité sociale à Mayotte dans le cadre de la départementalisation

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Summary

Implementation of the Constitution, including article 38. Amendment of Order No. 96-1122 of 20 December 1996 on the Improvement of Public Health in Mayotte: change of title, Articles 19, 20, 20-1, 21, 21-1, 22, 26, 34, 20-7, 20-8; creation after Article 20-8 of Articles 20-8-1 to 20-8-7, 20-8-8; after section 20-10 of sections 20-10-1 and 20-10-2; creation of a chapter III "Financement of social security in Mayotte" including articles 28-1 to 28-9; repeal of section 21-1.
Amendment of Order No. 2002-411 of 27 March 2002 amended on health and social protection in Mayotte: amendment of Article 19. Amendment of Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte: amendment of Article 18. Order ratified by Article 30-III-4° of Act No. 2012-1270 of 20 November 2012.

Keywords

ASSURANCE, ASSURANCE, ASSURANCE

Legislative records




JORF n°0297 of 23 December 2011 page 22002
text No. 40



Order No. 2011-1923 of 22 December 2011 on the evolution of social security in Mayotte within the framework of the Departmentalization

NOR: ETSX1130874R ELI: https://www.legifrance.gouv.fr/eli/ordre/2011/12/22/ETSX1130874R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2011/12/22/2011-1923/jo/texte


President of the Republic,
On the report of the Prime Minister, the Minister of the Interior, the Overseas, the territorial authorities and immigration, the Minister of Labour, Employment and Health and the Minister of Solidarity and Social Cohesion,
Having regard to the Constitution, including article 38;
Vu le Social Security Code ;
Considering the Labour Code applicable to Mayotte;
Considering the code of social action and families;
Vu la Act No. 2003-775 of 21 August 2003 reforming pensions;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions;
Vu la Act No. 2010-1487 of 7 December 2010 relating to the department of Mayotte, including its article 30;
See?Order No. 96-1122 of 20 December 1996 amended to improve public health in Mayotte;
See?Order No. 2002-149 of 7 February 2002 amended on the extension and generalization of family benefits and social protection in the departmental community of Mayotte;
See?Ordinance No. 2002-411 of 27 March 2002 amended on health and social protection in Mayotte;
See?Order No. 2006-1588 of 13 December 2006 relating to the prevention, repair and pricing of occupational accidents and diseases in Mayotte;
See?Order No. 2011-1641 of 24 November 2011 extending and adapting active solidarity income to the Department of Mayotte;
Considering the opinion of the National Health Insurance Fund for Employees of 29 November 2011;
Having regard to the opinion of the National Pension Insurance Fund for Employees dated 6 December 2011;
Considering the opinion of the National Family Allowance Fund of 6 December 2011;
Considering the opinion of the Central Agency of Social Security Organizations of 9 December 2011;
Considering the referral of the Industrial Accidents and Occupational Diseases Commission dated 21 November 2011;
Considering the referral of the Mayotte General Council dated 21 November 2011;
The Council of State heard;
The Council of Ministers heard,
Order:

  • Chapter I: Amendment of Order No. 96-1122 of 20 December 1996 as amended to improve public health in Mayotte
    • Section 1: Health, Maternity, Disability and Death Insurance Plan Article 1 Learn more about this article...


      I.-In the title of theOrder No. 96-1122 of 20 December 1996 referred to above, the words "of public health in Mayotte" are replaced by the words "of public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund".
      II.-In the title I of this order, the words: "Extend and adapt title I of Book VII of the Code" and the words: "the territorial community of" are deleted.
      III.-The title II is thus written: "Social security in Mayotte".
      IV.-Section 2 of chapter I of title II becomes chapter I of title II. Its title is as follows: "The health, maternity, disability and death insurance plan".
      V.-Aux articles 19,20,20-1,21,21-1,22,26 and 34 of the same order, the words "health-maternity insurance" are replaced by the words "health insurance, maternity, disability and death".

      • Section 1: Extension of benefits Article 2 Learn more about this article...


        I. - The first paragraph of section 19, paragraph II, of the Order is replaced by the following provisions:
        “II. ― Except as special provisions, is affiliated with this regime :".
        II. - In section 20-1 of the same order, after 7°, are inserted four sub-paragraphs as follows:
        « 7° bis The award of a disability pension to the employee insured who has a disability that reduces his or her ability to work or gain;
        « 7° ter Payment to persons entitled to capital in the event of death of the employee insured;
        « 7° quater The award to women exercising a craft, commercial or liberal profession, exploiting agricultural benefits on a lump-sum basis or on a daily basis on the occasion of their maternity wards;
        « 7° quinquies The award to insured persons under an artisanal or commercial profession of daily allowances in the event of medically recognized physical inability to continue or resume their work. »

      • Sub-section 2: Employee insured Article 3 Learn more about this article...


        Section 20-7 of the Order is amended as follows:
        1° In the last paragraph, the words: "The maximum period of payment, the period of deficiency" are replaced by the words: "The period of deficiency";
        2° It is supplemented by the following provisions:
        "The payment period shall be calculated under the following conditions:
        « 1° For affections 3° of Article L. 322-3 of the Social Security Code, the period during which the daily allowance may be served is calculated from date to date for each condition. In the case of an interruption followed by a resumption of work, the period above shall be repeated again from the moment the work has been resumed for a minimum period of time;
        « 2° For illnesses not provided for in 3° of section L. 322-3 of the same code, the insured person may not receive, for any period of a specified period, a number of daily allowances greater than a specified number. »

        Article 4 Learn more about this article...


        After section 20-7 of the same order, an article 20-7-1 is inserted as follows:
        "Art. 20-7-1. - I. The provisions of Article L. 323-3 and the first to sixth paragraphs of Article L. 323-6 of the Social Security Code are applicable to Mayotte.
        “II. ― The provisions of Article L. 323-3-1 of the same code are applicable to Mayotte subject to the following modifications: the words: "to theArticle L. 6313-1 of the Labour Code“are replaced by the words: “in article L. 711-2 of the Labour Code applicable to Mayotte” and the words: “the primary body” are replaced by the words: “the social security fund of Mayotte”.

        Article 5 Learn more about this article...


        Before the last paragraph of section 20-8 of the same order, a paragraph shall be inserted to read as follows:
        « Les provisions of Article L. 331-4-1 of the Social Security Code are applicable to Mayotte. »

        Article 6 Learn more about this article...


        It is inserted after section 20-8 of the same order articles 20-8-1 to 20-8-7 as follows:
        "Art. 20-8-1.-To be entitled to the disability pension under 7 bis of Article 20-1, the employee insured must have a disability that reduces his or her work or gain capacity to a specified proportion.
        "In addition, it must justify both a minimum period of registration and, during a reference period, either a minimum amount of contributions fixed by reference to the guaranteed minimum wage provided for in Article L. 141-2 of the Labour Code applicable to Mayotte, or a number of hours of employee work.
        "Art. 20-8-2.-The state of disability is appreciated taking into account the remaining working capacity, the general state, age and physical and mental faculties of the insured, as well as his skills and professional training:
        « 1° After consolidation of the injury in the event of an accident not governed by theOrder No. 2006-1588 of 13 December 2006 relating to the prevention, repair and pricing of occupational accidents and diseases in Mayotte;
        « 2° Either on the expiry of the period during which the insured person has received the daily allowances provided for in the 7th of Article 20-1 in the event of physical inability to continue or resume his work;
        « 3° Either after stabilization of its state intervened before the expiry of the period mentioned in 1° or that mentioned in 2°.
        "Art. 20-8-3.-I. ― The disability pension is equal to a percentage of the average annual salary.
        “II. ― The minimum amount of the disability pension cannot be less than the amount provided for in thearticle 14 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte.
        "III. ― Salaries used as the basis for the calculation of pensions and pensions already liquidated are revalued under the conditions provided for inarticle 13 of the above-mentioned order of 27 March 2002.
        "Art. 20-8-4.-The disability pension is always granted on a temporary basis.
        "It takes effect from the expiry of the period referred to in 2° of section 20-8-2 or the date of consolidation of the injury or stabilization of the state.
        "Art. 20-8-5.-The disability pension ends at the age set out in section 6 of the Mayotte Health and Social Protection Order of 27 March 2002. It is replaced from that age by the retirement pension provided for incapacity to work, as provided for in section 10 of that order.
        « Art. 20-8-6.-Les provisions of articles L. 355-2 and L. 355-3 of the Social Security Code are applicable to Mayotte subject to the following modifications:
        « 1° In the third paragraph of Article L. 355-2, the words: "in Article L. 341-5" are replaced by the words: "in the first paragraph of Article 20-8-3 of Order No. 96-1122 of 20 December 1996 on the improvement of public health in Mayotte";
        « 2° In the last paragraph of the same article, the words: "third of the minimum provided for in the first paragraph of Article L. 351-10" are replaced by the words: "quarter of the amount provided for in the first paragraph of Article L. 351-10"article 29 of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte ”;
        « 3° In the second paragraph of Article L. 355-3, the words "of the allowance to old employed workers" are replaced by the words "of the special allowance for older persons provided for in thearticle 28 of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte”.
        "Art. 20-8-7.-The conditions for the application of Articles 20-8-1 to 20-8-5 are determined by decree. »

        Article 7 Learn more about this article...


        It is inserted, after section 20-8-7 of the same order, an article 20-8-8 as follows:
        "Art. 20-8-8. - A death capital equal to a multiple of the basic daily gain defined in section 20-7 shall be paid to the persons entitled to the deceased insured when the deceased insured, less than three months before his death, carried on an employee activity, had a disability pension referred to in section 20-8-1 or an annuity allocated under section 20-8-1.Order No. 2006-1588 of 13 December 2006 concerning the prevention, repair and pricing of occupational accidents and diseases in Mayotte.
        "The death capital is attributed to the surviving spouse not separated by law or fact, to the partner to whom the deceased was bound by a civil covenant of solidarity or default to the descendants and, in the event that the deceased insured does not leave a spouse or partner or descendants to the ascendants.
        "The terms and conditions for the application of this article are provided by decree, especially in the case of the application of local civil status. »

      • Sub-section 3: Non-employed persons Article 8 Learn more about this article...


        It is inserted, after section 20-10 of the same order, sections 20-10-1 and 20-10-2 as follows:
        "Art. 20-10-1. - I. The women mentioned in the 7th quater of Article 20-1 benefit, on the occasion of their maternity wards, from a lump-sum maternal rest allowance to partially offset the decrease in their activity.
        "When they cease all work for a minimum period of time, part of which must immediately precede the presumed date of delivery, insured persons also receive a lump sum daily allowance.
        “II. ― Women referred to in the first paragraph also benefit from the benefits provided for in this section when they hold the approval referred to in Article L. 225-2 of the Social Action and Family Code or when the Child Welfare Service referred to in Article L. 543-2 of the same Code entrusts a child with a view to adoption.
        "The benefits are provided to them under the following conditions:
        « 1° The lump sum allowance provided for in the first paragraph of the I is due for half;
        « 2° The daily allowance provided for in the second paragraph of the I shall be payable for the period(s) of interruption of activity following the arrival of the child in the home, with the maximum duration of attribution of the benefit equal to three-quarters of the period provided for in the case of maternity.
        "III. ― An order determines the terms and conditions for the application of this section, including the amount of the allowance provided for in the first paragraph, the amounts and durations of the daily allowance provided for in the second paragraph, including when the delivery takes place more than six weeks before the date initially provided and requires the child's postnatal hospitalization.
        "The amounts of benefits shall be revalued under the same conditions as those set out for the ceiling of social security contributions provided for in the third paragraph of Article 28-1.
        "IV. ― is considered to be a farmer for the purposes of this article any woman who, as a chief of operation, has a weighted surface exploitation and whose importance is at least equal to a minimum set by decree. This decree also sets out the equivalence criteria used to calculate this weighted surface, taking into account the nature of plant and animal productions.
        "Art. 20-10-2. - To be entitled to the daily allowances referred to in the 7th quinquie of section 20-1, the insured shall:
        « 1° Be affiliated with the health insurance, maternity, disability and death plan of Mayotte for at least one year;
        « 2° To be up-to-date of contributions under sections 28-3 and 28-4.
        "The maximum period of payment, the period of deficiency and the method of determining the amount of the daily allowance shall be determined by decree. »

    • Section 2: Social security financing in Mayotte Article 9 Learn more about this article...


      In the above-mentioned order of 20 December 1996, a chapter III is inserted as follows:


      “Chapter III



      “ Financing social security
      to Mayotte


      "Art. 28-1. - I. For the purposes of this title, the remuneration of employees is those listed in theArticle L. 242-1 of the Social Security Codeexcept those referred to in the second and thirteenth paragraphs of the same article.
      "These remuneration excludes the portion of the allowances paid in connection with the termination of the employment contract or the forced termination of the duties that are not taxable under the General Tax Code in force in Mayotte, within twice the annual ceiling.
      "It is created a ceiling of social security contributions in Mayotte. It is fixed at intervals that cannot be less than the semester or greater than the year, under conditions provided by decree. Its amount, calculated according to the rules provided by decree, is determined by the Minister for Social Security.
      “II. ― For the purposes of this title, the activity income of self-employed agricultural and non-agricultural workers shall be taken into account in determining taxable income under the rules applicable to Mayotte.
      "For the determination of the revenues mentioned in the previous paragraph, it is not taken into account the long-term surplus-values and less-values, deferrals, exemptions and multipliers applied to non-adherent agricultural and non-agricultural self-employees of a management centre or not using the services of an accounting expert approved by a government representative.
      "If no provision applies to a class of income in the General Tax Code applicable to Mayotte, a decree specifies the procedures for determining income to be taken into account by reference to the provisions of General Tax Code applicable in metropolis.
      "Art. 28-2. - I. Funding for the Mayotte Compulsory Basic Social Security Pension Plan established by the MayotteOrdinance No. 2002-411 of 27 March 2002 on health and social protection in Mayotte:
      « 1° The proceeds of contributions, based on the remuneration and income of activity defined in section 28-1, within the limits of the cap provided for in the second paragraph of section 28-1, which are due by any employer of persons mentioned in thearticle 5 of Order No. 2002-411 of 27 March 2002 concerning health and social protection in Mayotte and by any insured person, as well as by independent agricultural and non-agricultural workers.
      « 2° As necessary, a contribution from the National Fund for Old Age Insurance of Employees.
      "II. ― A decree sets out the rates of the 1° I contributions for the period from January 1, 2012 to January 1, 2036 to ensure, at the end of this period, the alignment of the rates with those applicable in Metropolitan France. These contributions are recovered by the Mayotte Social Security Fund.
      "When the application of the foregoing provisions leads to an amount of contributions less than a minimum amount determined by order, the insured is subject to the payment of a minimum lump sum contribution equal to the same amount.
      "The dependant contribution of the insured is subject to a pre-payment by his employer.
      "Art. 28-3. - I. The financing of the health insurance, maternity, disability and death plan of Mayotte under section 19 is provided by a seated social contribution:
      « 1° Of the total remuneration and income of activity defined in Article 28-1, which is collected by employees and self-employed agricultural and non-agricultural workers;
      « 2° On pensions, retirement or disability benefits, unemployment benefits and all other alternative incomes, subject to exemptions granted to holders of those incomes with insufficient resources; the definition and modalities of such exemptions shall be determined by decree;
      « 3° On the income of property or investment as taken into account in determining taxable income under the conditions applicable to Mayotte.
      “II. ― The contribution rate is set at 2% until December 31, 2019.
      "It is set as follows for calendar years from 2020 to 2036:
      “2.35 per cent in 2020;
      “2.71 % in 2021;
      « 3.06 % in 2022 ;
      « 3.41 % in 2023 ;
      « 3.77 % in 2024 ;
      “4.22% in 2025;
      « 4.47 % in 2026 ;
      « 4.82 % in 2027 ;
      “5.18 per cent in 2028;
      “5.53 per cent in 2029;
      “5.88 per cent in 2030;
      “6.24 per cent in 2031;
      « 6.59 % in 2032 ;
      « 6.94 % in 2033 ;
      « 7.30 % in 2034 ;
      « 7.65 % in 2035.
      It is set at 8 per cent from 1 January 2036.
      "III. ― The contribution is pre-counted by the employer or by the organization providing the payment of the income or is paid, in other cases, directly by the income holder. It's covered by Mayotte's social security fund.
      "Art. 28-4. - I. The financing of the Mayotte Maternity Health Insurance Plan is also provided by:
      « 1° The proceeds of an assessment due by any employer of persons referred to in Article 19 II on all remuneration as defined in Article 28-1;
      « 2° The proceeds of a contribution due by any employer and any self-employed agricultural or non-agricultural worker additional to the social contribution provided for in 1° of II of section 28-3, issued on their professional income subject to that contribution and greater than a threshold fixed by decree, at the rate of half of that income up to the limit provided for in the second paragraph of Article 28-1 and all of that income beyond that limit;
      « 3° As required, a contribution from the National Health Insurance Fund for Employees.
      "II. ― The rate of contributions provided for in 1° and 2° of I is fixed by decree for the period from 1 January 2012 to 1 January 2036. These contributions are recovered by the Mayotte Social Security Fund.
      "Art. 28-5. - I. Funding for the Mayotte Family Benefits Plan established by Order No. 2002-411 of 7 February 2002 on Health and Social Protection in Mayotte:
      « 1° The proceeds of contributions due to family benefits by any employee employer; these contributions shall be based on remuneration as defined in article 28-1, within the limits of the ceiling provided for in that article;
      « 2° The proceeds of seated contributions, within the limits of the cap provided for in section 28-1 and for half of their amount, on the professional income of employers and self-employed persons taken into account in determining taxable income under the conditions provided for in 2° of Article 28-2 and above a threshold fixed by decree;
      « 3° As required, a balance contribution from the National Family Allowance Fund.
      "II. ― The rate of contributions under 1° and 2° of I of this article is determined by decree for the period from 1 January 2012 to 1 January 2036 to ensure, at the end of this period, the alignment of rates with those of the metropolis. These contributions are recovered by the Mayotte Social Security Fund.
      "Art. 28-6. - I. Contributions due to occupational accidents and diseases are the sole responsibility of the employer. They are seated, within the limits of a ceiling set by decree, on the remuneration or earnings of employed workers.
      "Performal contributions may be fixed by decree for certain categories of employees or assimilated.
      "The contributions due to occupational accidents and diseases cannot be exempted.
      “II. – The rate of these contributions is determined by order of the Minister for Social Security.
      These contributions are recovered by the Mayotte Social Security Fund.
      "III. ∙ Cash or in-kind rewards paid to persons referred to in a, b and f 2° of Article L. 412-8 of the Social Security Code are not included in the contribution of occupational accidents and occupational diseases for their part that does not exceed, for a calendar month, the product of a percentage, fixed by decree, the social security ceiling in force in Mayotte and the number of hours of internship carried out during the month in question.
      "IV. ― provisions of chapter III of Book I and Articles L. 241-5-1, L. 241-5-2 and L. 242-5 to L. 242-7 of the Social Security Code are applicable to Mayotte from a date fixed by decree and no later than 1 January 2020.
      "Up to the entry into force of the provisions of the preceding paragraph, a decree sets out the general rules of classification and risk pricing. The rate of contributions due, pursuant to these rules, for occupational accidents and occupational diseases is determined by order of the Minister for Social Security, after the advice of the Board of Directors of the Social Security Fund of Mayotte.
      "V. ― The financing of the Mayotte Industrial Accidents and Occupational Diseases Plan is provided by the contributions referred to in this section and, as necessary, up to the date provided for in the first paragraph of IV, by a contribution of the branch of occupational accidents and occupational diseases of the general social security regime.
      "Art. 28-7. - I. The employer's dependant contributions for social insurance and family allowances that are based on earnings or wages below the guaranteed minimum inter-professional salary plus 30% are subject to a degressive reduction, under conditions set by decree.
      "The rate of 30% referred to in the previous paragraph is increased to 40%, 50% and 60% respectively as of January 1, 2019, January 1, 2027 and January 1, 2036.
      “II. ― This reduction is applied to earnings and remuneration paid by employers within the scope of the scheme provided for in the II of Article L. 241-13 of the Social Security Code. However, references to Articles L. 351-4 and L. 351-12 of the Labour Code are replaced by the reference to the provisions relating to the employer's obligation to ensure its employees against the risk of employment deprivation applicable to Mayotte.
      "III. ∙ The amount, calculated each calendar year, for each employee, is equal to the product of annual remuneration, as defined in section 28-1, by a coefficient. This is based on the relationship between the annual pay for breaks, dressings and disqualifications paid under an extended agreement or collective agreement in force on 11 October 2007 and the minimum guaranteed inter-professional wage for one year based on the legal duration of the increased work, if any, on the number of additional or additional hours, without taking into account the increases to which they give. When the employee is subject to an equivalency hour plan paid at a higher rate pursuant to an extended agreement or collective agreement in force since January 1, 2010, the corresponding salary increase is also deducted from the employee's annual remuneration within the limit of 25%. For employees who are not employed full-time or who are not employed throughout the year, the guaranteed minimum interprofessional wage is the one that corresponds to the working period provided for in the contract.
      "IV. ― This coefficient varies according to the company's workforce. At the end of a convergence period from January 1, 2012 to December 31, 2035, it is calculated on the same basis of slaughter as in metropolis respectively for the companies of one to nineteen employees and companies of more than nineteen employees.
      "V. ― A decree sets out the modalities for the application of this article.
      "Art. 28-8. - By derogation from the provisions of this title, self-employed agricultural and non-agricultural workers beginning their activity are exempt from contributions and contributions for a period of twenty-four months from the date of establishment of the activity.
      "Art. 28-9. Articles L. 242-1-1 to L. 242-1-4, as well as chapters III and IV of Book II of the Social Security Code, are applicable to Mayotte. »

      Article 10 Learn more about this article...


      I.-Section 19 of the above-mentioned order of 27 March 2002 is replaced by the following provisions:
      "Art. 19.-Are the proceeds of contributions and contribution under section 28-2 of the above-mentioned Order of 20 December 1996. »
      II.-Section 21 of the above-mentioned Order of 20 December 1996 is replaced by the following provisions:
      "Art. 21.-They are responsible for the financing of Mayotte's health, maternity, disability and death insurance plan for contributions and contributions under sections 28-3 and 28-4 of this Order. »
      III.-Section 21-1 of the Order is repealed.
      IV.-Section 18 of the above-mentioned order of 7 February 2002 is replaced by the following provisions:
      "Art. 18.-Sont assigned to the financing of the Mayotte family benefit plan the proceeds of the contributions and contribution provided for in section 28-5 of the above-mentioned Order of 20 December 1996. »

    • Section 3: Third-party remedies Article 11 Learn more about this article...


      In the above-mentioned order of 20 December 1996, a chapter IV is inserted as follows:


      “Chapter IV



      « Third-party remedies


      "Art. 28-10.-Chapter VI of Title VII of Book III of the Social Security Code, excluding the last paragraph of Article L. 376-1, is applicable to Mayotte. »

    • Section 4: Mayotte Social Security Fund Article 12 Learn more about this article...


      I. - Section 22 of the above-mentioned Order of 20 December 1996 is amended as follows:
      1° The second paragraph of VI shall be replaced by the following:
      « Les Articles L. 224-11 and L. 224-13 of the Social Security Code are applicable to the Mayotte social security fund, which is considered to be a basic body referred to under Book II of the same code. » ;
      2° It is supplemented by the following provisions:
      « VII. ― The collective agreements concluded within the Mayotte Social Security Fund become applicable only after the approval of the Minister for Social Security. »
      II. - Section 23 of the Order is amended as follows:
      I. - Section 22 of the above-mentioned Order of 20 December 1996 is amended as follows:
      1° The second paragraph of VI shall be replaced by the following:
      « Les Articles L. 224-11 and L. 224-13 of the Social Security Code are applicable to the Mayotte social security fund, which is considered to be a basic body referred to under Book II of the same code. » ;
      2° It is supplemented by the following provisions:
      « VII. ― The collective work agreements reached within the Mayotte Social Security Fund become applicable only after the approval of the Minister for Social Security."
      II. - Section 23 of the Order is amended as follows:
      1° In the first paragraph of I and I bis, the words "administration" are deleted;
      2° The last paragraph of I is replaced by the following:
      "Also attend the meetings of the council the competent authority of the State. » ;
      3° II to VII are replaced by the following:
      “II. — Articles L. 121-2, L. 231-2 to L. 231-10, the first paragraph of L. 231-11 and L. 231-12 Social Security Code are applicable to the Mayotte Social Security Fund. For the purposes of Article L. 231-4 of the same code, the social security fund is considered an organization of the general social security system. » ;
      4° VIII, IX, X, XII, respectively, become III, IV, V and VI and XI is deleted;
      5° In III and IV, the words: "administration" are deleted;
      6° In VI, the words "by order of the representative of the Government in Mayotte" are replaced by the words "by the competent national bodies of the general regime".
      III. - In article 23-1 of the same order, the words: "related to medical control are applicable to Mayotte, in the conditions fixed by decree, taking into account the necessary modifications. are replaced by the words: "are applicable to Mayotte. »
      IV. - At the end of section 23-3 of the same order, the words: Articles L. 153-2 and L. 153-4 of the Social Security Code are replaced by the words: "by the Articles L. 153-2, L. 153-4, L. 153-5 and L. 153-6 of the Social Security Code " However, with respect to Article L. 153-5, the reference to "conventional clauses under Articles L. 123-1 and L. 123-2" is replaced by the provisions of Article 22.
      V. - Section 24 of the Order is replaced by the following:
      “Art. 24. - The board of the Mayotte Social Security Fund is responsible for determining, on the proposal of the director:
      « 1° The guidance of multi-year management contracts referred to inArticle L. 227-3 of the Social Security Code in respect of his missions fixed at 1° to 4° and III and IV of Article 22;
      « 2° The objectives pursued to improve the quality of services rendered to the user;
      « 3° The lines of communication policy with regard to users;
      « 4° The axes of risk management policy.
      "He is periodically informed by the Director of the implementation of the guidance he defines and formulates, as necessary, the recommendations he considers necessary for their completion. It approves, on the proposal of the Director, the management and response budgets. These proposals shall be deemed to be approved, except as opposed to the qualified majority council, under conditions and in terms set out by decree.
      "The board also deliberates on:
      « 1° The health and social action policy carried out by the caisse as part of the guidelines defined by the national funds mentioned in the Articles L. 221-1 and L. 222-1 of the Social Security Code ;
      « 2° Procedures for processing claims filed by users, including by a specific commission constituted for this purpose;
      « 3° Acceptance and refusal of donations and bequests;
      « 4° The representation of the body in the bodies or bodies within which it is required to serve.
      "It deliberates on multi-year management contracts mentioned in theArticle L. 227-3 of the Social Security Code.
      "The board may be seized by the director of any matter relating to the operation of the caisse.
      "The council may, on the basis of a reasoned opinion rendered by a two-thirds majority of its members, carry out any control necessary to carry out its duties.
      "The modalities for the implementation of this article, including the conditions of operation of the council, are specified by decree. »
      VI. - The following articles 24-1 and 24-2 are inserted after section 24 of the Order:
      "Art. 24-1. - The director directs the Mayotte Social Security Fund and is responsible for its proper functioning. It implements the guidelines decided by the Board. It makes all necessary decisions and exercises all the skills that are not assigned to another authority.
      "He negotiates and signs the multi-year management contracts mentioned inArticle L. 227-3 of the Social Security Code.
      "He is in charge of:
      « 1° Preparing the work of the council, implementing the directions it defines and executes its decisions;
      « 2° Make any decision and ensure all transactions related to the organization and operation of the caisse, its administrative, financial and real estate management;
      « 3° To establish and execute management and intervention budgets, to conclude on behalf of the caisse any agreements and to monitor their implementation.
      "The director represents the body in justice and in all acts of civil life. It signs markets and conventions, is the agent of the expenses and revenues of the caisse and targets the financial account. He recruits the staff and has authority over him. He can delegate his signature.
      "The Director shall appoint management officers under the conditions specified in theArticle L. 217-6 of the Social Security Code.
      "The Director shall report to the cash management board after the closing of each fiscal year.
      "It also regularly reports to the Board on the implementation of the guidance defined by the Board.
      "The terms and conditions of application of this article are specified by decree.
      "Art. 24-2. - Decisions relating to real estate operations and the management of the assets of the caisse are made jointly by the national funds after advice from the board. »
      VII. - Section 25 of the Order is replaced by the following provisions:
      “Art. 25. - The decisions of the council of the social security fund of Mayotte are subject to the control of the competent authority of the State. ♪ provisions of the second and third paragraphs of Article L. 151-1 of the Social Security Code apply in the same conditions as the primary health insurance funds, pension and occupational health insurance funds, family allowances and unions for the recovery of social security and family allowances.
      « Les Articles L. 281-1 to L. 281-5 of the Social Security Code applies to the Mayotte Social Security Fund, which is, for their application, considered an organization of the general social security system. »
      VIII. - Before section 26 of the same order, an article 25-1 is inserted as follows:
      "Art. 25-1. - The appointment and termination of functions of the director and accounting officer of the social security fund shall be subject to the conditions set out in theArticle L. 217-3-1 of the Social Security Code and decisions relating to their appointment and termination of office shall be taken jointly by the directors of the national funds concerned. The same directors shall exercise the powers referred to in the twelfth paragraph of Article L. 221-3-1 and thebefore the last paragraph of Article L. 227-3 of the Social Security Codewhere appropriate jointly. »
      IX. - After section 26 of the same order, an article 26-1 is inserted as follows:
      "Art. 26-1. - The ones. Articles L. 122-2 to L. 122-4 of the Social Security Code are applicable to Mayotte. »

    • Section 5: Entry into force provisions Article 13 Learn more about this article...


      It is inserted in the order of 20 December 1996 referred to in article 36-1 as follows:
      "Art. 36-1. - I. The provisions of Articles 20-7 to 20-8, in their draftingOrder No. 2011-1923 of 22 December 2011 relating to the evolution of social security in Mayotte within the framework of the Departmentalization, are applicable to work stops that took place on 1 January 2012.
      « II. ― 1° The provisions of articles 20-8-1 to 20-8-7 shall take effect on 1 January 2013;
      « 2° The provisions of section 20-8-8 apply to deaths effective 1 January 2012.
      "III. 1° The provisions of section 20-10-1 shall apply to decreases or cessations of activity effective 1 June 2012 due to pregnancy or adoption;
      « 2° The provisions of Article 20-10-2 shall apply to stoppages of work effective 1 June 2012.
      "IV. ― The provisions of section 28-9 apply to accidents occurring as of July 1, 2012.
      "V. ― The provisions of articles 22 to 23-1 and 23-3 to 25-1, in their draftingOrder No. 2011-1923 of 22 December 2011 relating to the evolution of social security in Mayotte within the framework of the Departmentalization, are applicable on 1 July 2012. »

  • Chapter II: Amendments to Order No. 2002-149 of 7 February 2002 on the extension and generalization of family benefits and social protection in the departmental community of Mayotte
    • Section 1: Development of the Family Benefits and Social Action Plan for Families in Mayotte Article 14 Learn more about this article...


      Section 7 of Order No. 2002-149 of 7 February 2002 referred to above is replaced by the following provisions:
      "Art. 7.-Family allowances are allocated according to the number of dependent children.
      "As of January 1, 2012, the amount of family allowances for a child evolves each year to reach, by January 1, 2026, the same amount as that applicable in overseas departments.
      "Over the same period as that defined in the preceding paragraph, the amount of family allowances for two children increases each year to the same amount as that applicable in metropolis and overseas departments for two children.
      "The amount allocated for three children increases each year during the same period to reach an amount equal to once and a half that allocated for two children.
      "People who are entitled to family allowances for a single child for the month of December 2011 shall retain the benefit of these allowances to the amount collected for that month by derogation from the second paragraph of this article and article L. 551-1 of the Social Security Code as long as that child is the only dependent child of the individual.
      "The conditions of application and the rates corresponding to the annual changes set out in the second, third and fourth paragraphs are fixed by decree. »

      Article 15 Learn more about this article...


      After section 8 of the same order, an article 8-1 is inserted as follows:
      "Art. 8-1. - Effective January 1, 2012, the amount of the tuition allowance increases each year to reach no later than January 1, 2015:
      « 1° For each child attending primary school in the Department of Mayotte, the same amount paid in overseas departments for each child who, as of December 31 of the calendar year of the school year under review, has not yet reached the age of eleven years;
      « 2° For each child attending the college in the Department of Mayotte, the same amount as that paid in overseas departments for each child who, as of December 31 of the calendar year of the school year concerned, reached the age of eleven, but did not reach the age of fifteen years;
      « 3° For each child attending high school in the Department of Mayotte, the same amount as that paid in overseas departments for each child who, as of December 31 of the calendar year of the school year concerned, has already reached the age of fifteen. »

      Article 16 Learn more about this article...


      In section 13 of the same order, the first two paragraphs are replaced by eight subparagraphs as follows:
      "Every undue payment of family benefits is recovered, provided that the allotted party does not contest the undue nature of the payment, by deductions on future benefits or by full refund of the debt in a single payment if the allotted party opts for this solution. If not, the paying agency may, under conditions fixed by decree, proceed to the recovery of the indus by deductions on the future due either for the housing aids in force in Mayotte, or for the benefit referred to in section 35 of Order No. 2002-411 of 27 March 2002 on the health and social protection in Mayotte, i.e. under the active solidarity income applicable to Mayotte
      "By derogation from the previous provisions, where an undue was constituted on a paid third-party benefit, the organization may, if any other benefits are paid directly to the individual, recover the undue on these benefits under the terms and conditions specified by decree.
      "These deductions will be determined under conditions defined by decree according to the composition of the family, its resources, the expenses of housing, the benefits provided by the bodies responsible for family benefits, with the exception of those specified by decree.
      "The decisions of the caisse manager notifying the recovery of unduly paid benefits indicate the avenues and deadlines for appeals to the individual and the conditions and time limits in which it may make its written or oral submissions. In the latter case, the debtor may be assisted by counsel or represented by an agent of his choice.
      "For the recovery of unduly paid family benefits, the director of the caisse manager of the family benefits plan in Mayotte may, within the time and under the conditions set by decree, issue a constraint which, in the absence of opposition from the debtor to the social security court, has all the effects of a judgment and in particular grants the benefit of the judicial mortgage.
      "The provisions of the first paragraph apply to undue payments of family benefits effective 1 January 2012.
      "The provisions of the third paragraph shall not apply to the deductions referred to in the first paragraph and after 1 January 2012 until 1 January 2014.
      "Up to 31 December 2013, these deductions, as well as those referred to in Article 35 of Order No. 2002-411 of 27 March 2002 on health and social protection in Mayotte and the XXI of Article L. 549-1 of the Code of Social Action and Families, cannot exceed a percentage determined by decree. »

      Article 17 Learn more about this article...


      Chapter III of title I of the same order is amended as follows:
      1° Section 15 is supplemented by the following provisions:
      "The objectives of the social action carried out by the caisse manager of the family benefits plan in Mayotte in favour of the plan's nationals and their families are those defined by the objective and management agreement with the Caisse nationale des allocations familiale mentioned in theArticle L. 227-1 of the Social Security Code. The National Family Allowance Fund assigns to the Mayotte Family Benefit Management Fund an annual allocation on the health and social action fund referred to in 2° of Article L. 223-1 of the Social Security Code.
      2° In the first paragraph of Article 16, after the words "social action", the word "specific" is added;
      3° Section 17 is replaced by the following:
      “Art. 17. - The financing of the contribution to the provision of school restoration costs by the Mayotte Family Benefits Manager is provided by the allocation of a fraction of the resources provided for in I of section 28-5 of the above-mentioned Order No. 96-1122, the total amount of which is determined annually by the order mentioned in section 16. »

    • Section 2: Family Benefits Management in Mayotte Article 18 Learn more about this article...


      I. - The second paragraph of section 19, paragraph II, of the same order is supplemented by the following sentence: "The caisse manager is assisted for the exercise of his duties in Mayotte by a guidance board for the management of family benefits in Mayotte. »
      II. - The III of section 19 of the Order is replaced by the following provisions:
      "III. ― The guidance board for the management of family benefits in Mayotte chaired by the representative of the State in Mayotte and composed of equal numbers of representatives of the representative organizations of the employees and employers in Mayotte, as well as organizations representing families and qualified persons, includes:
      « 1° Implement the directions of social action for citizens of the Mayotte family benefit plan defined by the objective and management agreement referred to in Article 15. In this capacity, he carries out the missions to the Board of Directors of the caisse manager and provided for in section 15. It takes into account, in its orientations, those implemented by the Social Security Fund of Mayotte under its social activities and by the General Council of Mayotte;
      « 2° He also carries out the missions to the board of directors of the family benefits plan manager in Mayotte with respect to the friendly remedies filed by citizens of the Mayotte family benefits plan. A commission is constituted for this purpose within the council of orientation, composed of representatives of representative organisations of employees and employers in Mayotte members of this council, and chaired by the representative of the State in Mayotte.
      "A decree sets the conditions for the application of this article, including the composition of the commission referred to in 2° above and the conditions under which it considers the claims. »

  • Chapter III: Amendment of Order No. 2002-411 of 27 March 2002 on Health and Social Protection in Mayotte
    • Section 1: Old-age insurance
      • Sub-section 1: Basic Employee Insurance Article 19 Learn more about this article...


        I. - Order No. 2002-411 of 27 March 2002 referred to above is amended as follows:
        1° After the title: « Title II, Assurance vieuxsse », it is inserted the following title:


        “Chapter I



        “ Provisions relating to employees


        2° Section 6 is amended as follows:
        (a) In the first paragraph, the words: "the age foreseen at first paragraph of Article L. 351-1 of the Social Security Code are replaced by the words: "the age expected at first paragraph of Article L. 161-17-2 of the Social Security Code, for insured persons born as of 1 January 1961”;
        (b) The first paragraph is supplemented by a sentence as follows:
        "This age is set by decree, increasing by generation and within the age limit mentioned in the first paragraph of this article, for insured persons born before 1 January 1961. » ;
        (c) In the second paragraph, the words: "From the age foreseen to 1° of Article L. 351-8 of the Social Security Code are replaced by the words: "From the age provided for in the previous paragraph increased by five years";
        3° Section 9 is replaced by the following:
        “Art. 9. - An increase in the duration of insurance for children shall be attributed to social insured persons under the conditions laid down in the provisions of article L. 351-4 of the Social Security Code.
        "However, for children born or adopted before January 1, 2013, the increments provided for in the II and III of Article L. 351-4 referred to above are attributed to the mother unless, within a period expiring January 1, 2014, the child's father proves to the Mayotte Social Security Fund that he raised the child alone for one or more years during his first four years or four years after his adoption. In this case, the increases are attributed to the father for one quarter per year, the remaining portion attributed to the mother.
        "For children born or adopted after July 1, 2009, the period referred to in the previous paragraph is extended to four years and six months from the birth or adoption of the child.
        "The increase defined in this article is attributed within the limit of three children per insured person and three children per couple of parents";
        4° In Article 10, the word "specified" is replaced by the words "specified in the first paragraph of Article 6";
        5° In section 4 of chapter I, an article 11 bis is inserted before section 12, as follows:
        "Art. 11 bis. - The Mayotte Social Security Fund is obliged to periodically, as an information, address to its nationals the information necessary to verify their situation with respect to all the rights they have established in the pension scheme defined in Article 5, according to a periodicity and the terms specified by decree. » ;
        6° Section 12 is amended as follows:
        (a) The first paragraph is supplemented by a sentence to read as follows: "Also benefit from the full rate of insured persons who meet the conditions set out in the 1° ter of Article L. 351-8 of the Social Security Code or those provided for in section 10 of this order. » ;
        (b) The second paragraph is supplemented by the following sentence: "When the amount of the pension is less than a minimum, a single lump sum payment shall be substituted for the pension, under the conditions laid down by decree. » ;
        7° After Article 14, an article 14-1 is inserted as follows:
        "Art. 14-1. - The ones. Articles L. 161-22, L. 351-15 and L. 351-16 of the Social Security Code are applicable to the pension plan defined in section 5. » ;
        8° Section 15 is replaced by the following:
        “Art. 15. - In the event of death of the insured, his or her surviving spouses is entitled to a pension calculated and liquidated in accordance with provisions of articles L. 353-1 to L. 353-3 of the Social Security Codeexcluding the third paragraph of articles L. 353-1 and L. 353-3. However, for the purposes of these articles, the words "his surviving spouse" are replaced by the words "his surviving spouses";
        9° Article 17 is repealed;
        10° Section 18 is replaced by the following:
        “Art. 18. - The ones. Articles L. 356-1 to L. 356-4 of the Social Security Code are applicable to the pension plan defined in section 5. » ;
        11° In Articles 5 and 19, the words: "Mayotte social insurance fund" are replaced by the words: "Mayotte social security fund";
        12° Article 20 is supplemented by two paragraphs as follows:
        "Any undue payment of old-age insurance benefits or special allowance for older persons is recovered, provided that the insured does not contest the undue nature, by deductions on future benefits or allowances, or by full refund of the debt in a single payment if the insured opts for this solution. If not, the paying agency may, under conditions fixed by decree, proceed with the recovery of the indus by deductions on future deadlines.
        "For the benefits mentioned in the preceding paragraph, the Mayotte Social Security Fund may issue a constraint, non-value admission and recovery of claims under the same rules as those set out in articles L. 161-1-5, L. 133-3 and L. 256-4 of the Social Security Code, respectively. » ;
        13° After Article 20, an article 20-1 is inserted as follows:
        "Art. 20-1. - Sections 9 and 15 apply to pension effective July 1, 2012.
        “The 9° of Article 19 of Order No. 2011-1923 of 22 December 2011 comes into force on that same date.
        “The provisions introduced by the 2°, 4°, 5°, 6° and 10° of Article 19 of Order No. 2011-1923 of 22 December 2011 come into force on January 1, 2013. »

      • Sub-Section 2: Basic insurance for non-employed workers in artisanal, industrial and commercial and agricultural occupations Rule 20 Learn more about this article...


        I.-Le titre II de l'ordre du 27 mars 2002 susvisée est compléter par un chapitre II ainsi écrit :


        “Chapter II



        “Basic insurance for non-employed workers in artisanal, industrial and commercial and agricultural occupations


        “Section 1



        “Assured


        "Art. 23-1.-I. ― Subject to the provisions of Chapters III and IV of this Title, residents in Mayotte who have the status of non-employed workers in artisanal, industrial and commercial and agricultural occupations are obligatoryly affiliated with the compulsory basic social security pension scheme defined in Article 5 under the conditions provided for in this section.
        "Art. 23-2.-I. ― The craft professions referred to in Article 23-1 include the heads of individual companies, managers and non-employed associates of enterprises operated in the form of a company, registered in the repertoire of the trades or liable to be subject to that registration, as well as all persons who, during their last professional activity, led in one of these qualities a company whose activity and dimension would have been of a nature to cause such registration. When registration to the trades repertoire is not effective on the date of affiliation, it must intervene within six months. Otherwise, the insured person is deemed no longer to have the quality of non-employed work of the craft professions.
        “II. ― The industrial and commercial professions referred to in Article 23-1 include persons whose professional activity includes either the registration of the trade register or the subjugation of the territorial economic contribution as a merchant, or whose last professional activity would have been of a nature to cause such registration or subjection to the patent or territorial economic contribution. Where such registration or sub-submission is not effective on the date of affiliation, they must intervene within six months. Otherwise, the insured person is deemed no longer to be a non-employed worker in industrial and commercial occupations.
        "III. ― is considered to be an agricultural operator, for the purposes of this chapter, any person who, as other than that of an employee or that of a co-working spouse as defined in section 23-3, valued in a weighted area and whose importance is at least equal to a minimum set by decree. This decree also sets out the equivalence criteria used to calculate this weighted area, taking into account the nature of plant and animal productions.
        "Art. 23-3.-A with the exception of persons referred to in Articles L. 311-2 and L. 311-6 of the Social Security Code, the spouse of the head of an industrial or commercial enterprise, as well as of the head of an farm or an agricultural enterprise, may, if he or she regularly engages in a business, opt for the status of a collaborating spouse. He is then personally affiliated with the pension plan defined in section 5.
        "These provisions also apply to the partner bound by a civil pact of solidarity to the chief of operations or business.
        "The co-working spouses defined in the preceding paragraphs are subject to the minimum lump sum contribution provided for in the second paragraph of 1° of Article 28-2 of Order No. 96-1122 referred to above. The payment shall be made by the business or operating heads referred to in the first paragraph under their co-working spouses.


        “Section 2



        “Right to old age pension


        "Art. 23-4.-I. ― The right to an old-age pension of non-employed workers is determined in accordance with the provisions set out in chapter I of this title, with the exception of its article 18, subject to the modifications made necessary by the specificity of the activity of non-employed workers and fixed by decree, in particular for the determination of the average annual income used as a basis for the calculation of the pension.
        “II. — The provisions of sections 23-1 to 23-4 come into force on July 1, 2012. »

      • Sub-Section 3: Liberal Professions and Employee and Non-employed Lawyers Article 21 Learn more about this article...


        I. ― Title II of the above-mentioned order of 27 March 2002 is supplemented by a chapter III, as follows:


        “Chapter III



        “ Provisions relating to liberal professions


        "Art. 23-5. - Residents in Mayotte who practise a liberal profession, in the sense ofArticle L. 622-5 of the Social Security Code, are governed by the basic old-age insurance, supplementary old-age insurance and disability-deceas of the liberal professions established to theArticle L. 642-1, L. 644-1 and L. 644-2 of the Social Security Code. »
        II. ― Title II of the above-mentioned order of March 27, 2002 is supplemented by a chapter IV as follows:


        “Chapter IV



        “ Provisions concerning employee lawyers
        and non-employed


        "Art. 23-6. - Residents in Mayotte who practise the profession of an employee or non-employed lawyer are subject to basic old-age insurance, supplementary old-age insurance and disability-decree of lawyers established to Articles L. 723-1, L. 723-6 and L. 723-24 of the Social Security Code. »

    • Section 2: Disabled Adult Allowance in Mayotte Article 23 Learn more about this article...


      In chapter II of the above-mentioned order of 27 March 2002, an article 35-1 is inserted after section 35, as follows:
      "Art. 35-1. - Any undue payment of the benefit referred to in this chapter shall be recovered, provided that the individual contractor does not contest the undue nature of the benefit, by deductions on future benefits or by full repayment of the debt in a single payment if the allotted party opts for this solution. If not, the paying agency may, under conditions established by decree, proceed with the recovery of the indus by deductions on the future due either in respect of the family benefits mentioned in thearticle 2 of Order No. 2002-149 of 7 February 2002 relating to the extension and generalization of family benefits and social protection in the Department of Mayotte, either for housing aids in force in Mayotte, or for the active solidarity income applicable to Mayotte referred to in Article L. 262-2 of the Code of Social Action and Families, as it is the result of theOrder No. 2011-1641 of 24 November 2011 extending and adapting active solidarity income to the Department of Mayotte.
      "By derogation from the previous provisions, where an undue was constituted on a paid third-party benefit, the organization may, if any other benefits are paid directly to the individual, recover the undue on these benefits under the terms and conditions specified by decree.
      "These deductions are determined under conditions defined by decree according to the composition of the beneficiary's family, its resources, the housing expenses, the benefits provided by the family benefit agencies, except those specified by decree.
      "For the recovery of the allowance for unduly paid disabled adults, the director of the family benefits plan manager in Mayotte may, within the time and under the conditions set by decree, issue a constraint which, if the debtor's opposition to the social security court, includes all the effects of a judgment and confers on the benefit of the judicial mortgage.
      "The decisions of the fund manager notifying the recovery of the unduly paid allowance indicate the avenues and deadlines for appeal to the individual contractor and the conditions and times in which he or she may make his written or oral submissions. In the latter case, the debtor may be assisted by counsel or represented by an agent of his choice.
      "The provisions of the first paragraph apply to undue allowance payments for adults with disabilities effective January 1, 2012.
      "Up to December 31, 2013, deductions under the first paragraph cannot exceed a percentage determined by decree. »

  • Chapter IV: Amendments to Order No. 2006-1588 of 13 December 2006 on the Prevention, Repair and Pricing of Occupational Accidents and Diseases in Mayotte Article 24 Learn more about this article...


    The above-mentioned order of 13 December 2006 is amended as follows:
    « 1° In Article 1, the words: "and pricing" are deleted;
    « 2° In Article 50, the reference to Articles 43 and 45 is replaced by the reference to Articles L. 434-8 and L. 434-10 of the Social Security Code;
    « 3° It is inserted after section 104, an article 104-1 as follows:
    "Art. 104-1.-I. ― Effective July 1, 2012, the provisions of Articles L. 411-1 to L. 412-9, Articles L. 421-1 to L. 482-5, fromarticle L. 743-1 and articles L. 754-1 to L. 754-3 the Social Security Code is applicable to Mayotte.
    “II. — Sections 2 to 4.6 to 49.51 to 97 and 100 to 102-1 of this Order are repealed effective June 30, 2012. »

  • Chapter V: Miscellaneous and Transitional Provisions Rule 25 Learn more about this article...


    At the 9th of Article L. 135-2 of the Social Security Code, after the words: "Health and social protection in Mayotte" are added the words: "and, according to the calculation methods set by decree, the sums representative of the consideration for the duration of insurance, by the compulsory basic social security pension scheme referred to in Article 5 of this Order, of the periods defined in Article 8. »

    Rule 26 Learn more about this article...


    Except where otherwise provided, the provisions of this Order come into force on January 1, 2012.

    Rule 27 Learn more about this article...


    Effective January 1, 2015:
    1° The words: " and agricultural" in the title of subsection 2 of section 1 of chapter III of this order are deleted;
    2° At the 7th quater of Article 20-1 of the above-mentioned Order of 20 December 1996, the words "farm exploitants" are deleted;
    3° The IV of section 20-10-1 of the above-mentioned order of 20 December 1996 is deleted;
    4° In the first and second paragraphs of Article 28-1 of the above-mentioned Order of 20 December 1996, the words: "agricultural and non-agricultural self-employed persons" are replaced by the words: "non-agricultural independent workers";
    5° At 1° of the I of Article 28-3 of the above-mentioned Order of 20 December 1996, the words "self-employed agricultural and non-agricultural" are replaced by the words "self-employed non-agricultural";
    6° At 2° of Article 28-4 of the above-mentioned Order of 20 December 1996, the words "a self-employed agricultural or non-agricultural workers" are replaced by the words "a self-employed non-agricultural workers";
    7° In section 28-8 of the above-mentioned order of 20 December 1996, the words: "agricultural and non-agricultural self-employed persons" are replaced by the words: "non-agricultural independent workers";
    8° In the title of Chapter II of Title II of the order of 27 March 2002 referred to in its drafting of this order, the words: "and agricultural" are deleted;
    9° In section 23-1 of the above-mentioned order of 27 March 2002, the words: " and agricultural" are deleted;
    10° The III of section 23-2 of the above-mentioned order of 27 March 2002 is deleted;
    11° In the first paragraph of section 23-3 of the above-mentioned order of 27 March 2002, the words: "as well as the head of a farm or agricultural enterprise" are deleted;
    12° In the second paragraph of the same article, the words: "Operational Head or" are deleted;
    13° In the third paragraph of the same article, the words "or exploitation" are deleted.

    Rule 28 Learn more about this article...


    The Prime Minister, the Minister of the Interior, the Overseas, the local authorities and immigration, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, spokesman for the Government, the Minister of Solidarity and Social Cohesion and the Minister to the Minister of the Interior, the Overseas, the local authorities and the local authorities


Done on 22 December 2011.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The Minister of Labour,

employment and health,

Xavier Bertrand

The Minister of the Interior,

of the Overseas, territorial authorities

and immigration,

Claude Guéant

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse

Minister of Solidarity

and social cohesion,

Roselyne Bachelot-Narquin

The Minister to the Minister of Interior,

of the Overseas, territorial authorities

and immigration, in charge of the overseas,

Marie-Luce Penchard


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