Key Benefits:
Public concerned: social security agencies responsible for the recovery of social contributions, self-employed persons affiliated with the social system of the independents.
Purpose: operation of the single social interlocutor and organization of the independent social regime.
Entry into force: the text comes into force on the day after its publication.
Notice: The text sets out the framework for the implementation of the single social interlocutor (ISU) for the functions performed jointly by the independent social regime (RSI) and the organizations of the general recovery regime. A national management agreement between the National Fund for the Independent Social Plan and the Central Agency for Social Security Organizations and the regional conventions between the basic funds of the IHR, the unions for the collection of social security and family allowance contributions (SSAF) and the General Social Security Funds will define the technical modalities. These conventions will lead to the establishment of an organization that allows the management of the collection of contributions to the public of craftsmen and merchants to be processed in a common way. In addition, the decree allows the RSI national body to delegate its jurisdiction over litigation collection to the RSI core funds.
References: the provisions of Social Security Code Amended by this decree may be consulted, in their writing resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance and the Minister of Social Affairs and Health,
Vu le Social Security Codeincluding articles L. 133-6-4, L. 184-1 and L. 283-1;
Having regard to the advice of the Board of Directors of the Caisse nationale du régime social des indépendants dated 16 April 2013;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 26 April 2013;
The State Council (Social Section) heard,
Decrete:
At the beginning of section 2 of chapter III bis of title III of Book I of the Social Security Code, an article R. 133-19 is inserted as follows:
"Art. R. 133-19. - For the exercise of the mission of the single social interlocutor defined in Article L. 133-6 and in accordance with the competences defined, for each of these organizations, in Articles L. 133-6-1 to L. 133-6-5, including the competence of their respective directors, are concluded:
« 1° A national management agreement between the National Independent Social Plan Fund and the Central Social Security Agency.
"The national convention determines the modalities of national pilotage, strategic objectives in terms of quality of service, performance of recovery and risk control, the modalities for periodic evaluation of the results of the core funds of the social regime of the independents and the organizations referred to in articles L. 213-1 and L. 752-4, as well as the modalities under which national funds may be seized of the difficulties encountered by these bodies and agencies in the implementation of the regional conventions.
« 2° Regional management agreements between the core funds of the independent social regime and the organizations referred to in articles L. 213-1 and L. 752-4.
"Regional conventions, whose model is defined by decree of the Minister for Social Security, include:
“(a) Functions related to the management of individual data useful for the calculation and recovery of social contributions and contributions under common management, the organization chosen to implement them, the technical tools mobilized and the staff assigned to these functions;
“(b) The articulation of functions defined in a with the remaining functions performed exclusively by each body or body;
"(c) The terms and conditions under which the conduct of material transactions may be entrusted to the agents of either body or agency. »
Article R. 631-2 of the Social Security Code is supplemented by a paragraph to read:
"However, it may delegate to the core fund to which the debtor is attached or to another base fund the litigation recovery it provides in full law pursuant to the first paragraph. The delegation extends to litigation recovery actions that are ongoing on the date it is decided. »
The Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 8 July 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
