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Decree No. 2013-624 Of July 15, 2013 On Directorate Officers And Accounting Officers From Social Security Agencies

Original Language Title: Décret n° 2013-624 du 15 juillet 2013 relatif aux agents de direction et aux agents comptables des organismes de sécurité sociale

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Keywords

SOCIAL , SECURITY , CODE OF SOCIAL SECURITY , CSS , ORGANIZED SECURITY , DIRECTION OF SOCIAL SECURITY , INCLUDING , COMPTABLE , LOCATION , LIST OF APPLIANCE ,


JORF n°0164 of 17 July 2013 page 11931
text No. 12



Decree No. 2013-624 of 15 July 2013 on management and accounting officers of social security agencies

NOR: AFSS1303672D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/7/15/AFSS1303672D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2013/7/15/2013-624/jo/texte


Public concerned: executives and executives of social security agencies.
Purpose: Modernization of the Fitness to Leadership List of the Social Security Organizations of the General Regime, the Social Plan of Independents and the Agricultural Regime, the Governance of the National School of Social Security (EN3S) and the Access to this School.
Entry into force: the text comes into force on the day after its publication. However, the new terms and conditions for establishing the fitness list will only come into force in 2014 for the fitness list established under 2015; the new terms and conditions of access to the EN3S will apply only in 2014; the new governance rules will apply to the next renewal of the term of office of the NS3 Board members scheduled for 2015.
Notice: the decree modernizes the provisions governing the career of executive officers of social security organizations and their training by EN3S. It amends the rules relating to the Aptitude List for Management Officers to take into account, in particular, the courses carried out outside social security. It creates the possibility to set up a third access competition for the EN3S. For the general regime and the social regime of the independents, it further clarified the respective prerogatives of directors and boards or boards of directors with respect to executive officers.
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 Social Affairs and Health,
Vu le Public Health Codeincluding its article R. 1435-15;
Vu le Social Security Code ;
Vu le Decree No. 2010-235 of 5 March 2010 amended on the remuneration of public officials participating as an incidental activity in training and recruitment activities;
Vu le Decree No. 2012-1246 of 7 November 2012 Financial and Public Accounts Management;
Having regard to the advice of the Board of the National Health Insurance Fund of Employees dated 16 April 2013;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 17 April 2013;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 19 April 2013;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund dated 7 May 2013;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 7 May 2013;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


The Social Security Code is thus amended:
1° In article R. 123-8, it is added a paragraph as follows:
"It concludes with the Minister for Social Security, for a minimum of four years, a convention of objectives and management that includes the mutual commitments of the signatories related to the implementation of the missions entrusted to the school. » ;
2° Section R. 123-9 is replaced by the following provisions:
"Art. R. 123-9. - The National Higher Social Security School contributes to the recruitment of social security workers and provides these officers with training to enable them to perform the functions of executive officer and accounting officer of social security organizations. Its mission is:
« 1° Organize the entry examinations provided for in R. 123-28 and the selection tests for personnel governed by the national collective agreements of social security organizations;
« 2° To provide qualified training for the performance of the duties of management and accounting officer, for students from the competitions provided for in R. 123-28 and for staff governed by the national collective agreements of social security organizations. The conditions under which such training is provided, with respect to personnel governed by the national collective agreements of social security agencies, are determined by order of the Minister for Social Security;
« 3° To contribute, in conjunction with relevant administrations or social welfare agencies, to recruitment and qualification training:
“(a) Consulting practitioners, consulting engineers and other technical executives of social security organizations;
“(b) Inspectors and controllers of regional health agencies mentioned at theArticle R. 1435-15 of the Public Health Code ;
"(c) any other category of technical higher jobs;
"(d) Senior staff of foreign administrations or organizations involved in health and social protection;
« 4° To issue diplomas sanctioning the trainings it provides;
« 5° Organize continuous training sessions and accompanying cycles to professional transitions, including:
“(a) Higher supervision staff of social security agencies, regional health agencies, administration and health care institutions;
“(b) Members of professional and trade union organizations;
"(c) Senior officials in the public and private sectors;
« 6° To undertake studies and research on health and social issues;
« 7° Implement international cooperation in teaching and research;
« 8° To ensure the management of the Institute of High Social Welfare Studies. » ;
3° Section R. 123-10 is replaced by the following provisions:
Art. R. 123-10. - The conditions for admission of French and foreign listeners to qualifying training cycles and continuing training sessions provided for in Article R. 123-9 are defined by the rules of procedure of the school provided for in Article R. 123-20-1.
"During the duration of continuous training sessions, listeners are placed under the authority of the director and subject to the rules of procedure of the school. » ;
4° Section R. 123-11 is amended as follows:
(a) In the first paragraph, the words "and the minister responsible for agriculture" are deleted;
(b) In the last sentence of the first paragraph, after the word "includes", the words "the following members" are inserted;
(c) After the first paragraph, the following paragraph shall be inserted:
"I. ― With deliberative voice:”
(d) The eleventh to seventeenth preambular paragraphs are replaced by the following:
"In the event of unavailability, the members of the board of directors referred to in 1° and 3° shall be replaced by a substitute designated under the same conditions as the licensee.
“II. - With advisory voice:
« 1° A representative of each of the promotions of the students in school, elected under the conditions prescribed by the rules of procedure of the school;
« 2° A staff representative elected under the conditions set out in the school rules of procedure.
"III. ― Also attending the Board of Directors:
« 1° The director and accounting officer of the school;
« 2° The school's budget controller;
« 3° Two Government Commissioners representing the Minister for Social Security and the Minister for Agriculture. They are heard every time they ask.
"The term of office of the board members is four years. This mandate is renewable. However, the term of office of the representative of each of the student promotions is limited to the duration of the term. » ;
(e) It is added a paragraph to read:
"When exercising the powers set out in R. 123-14, the board of directors shall include only the members referred to in I."
5° Article R. 123-12 is amended as follows:
(a) In the first paragraph, after the words: "at 1°, 2° and 3°", are inserted the words: "from I";
(b) The fifth and sixth preambular paragraphs are deleted;
6° Section R. 123-14 is replaced by the following provisions:
"Art. R. 123-14. - I. The director of the school is appointed by decree on the report of the Minister responsible for social security, after advice from the board of directors, for a period of five years renewable.
“II. ― School management officers other than the accounting officer are appointed by the director.
"III. ― The accounting officer shall be appointed by joint order of the minister responsible for the budget and the minister responsible for social security.
"It can be chosen from accounting officers governed by a national collective agreement of social security agencies. He has the quality of public agent for the performance of his duties at school. » ;
7° Section R. 123-15 is replaced by the following provisions:
"Art. R. 123-15. - The board of directors shall determine the general directions of the establishment.
"He deliberates in particular on:
« 1° The guidance of the objective and management agreement provided for in Article R. 123-8, on the proposal of the Director, and the follow-up to these commitments;
« 2° The orientations of the teachings and training after the advice of the educational commission provided for in article R. 123-20;
« 3° The annual report on the activity and operation of the school, presented by the director;
« 4° The school budget and its changes;
« 5° The financial account and the allocation of results;
« 6° Acquisitions, alienations and exchanges of buildings;
« 7° Borrowing, participation in all forms of public or private groupings;
« 8° Acceptance of gifts and bequests;
« 9° The rules of procedure of the school on the proposal of the director and, if applicable, the board of directors.
"The board of directors shall give its opinion on the matters submitted to it by the Minister for Social Security and by the director of the school. » ;
8° The last two paragraphs of section R. 123-16 are replaced by the following:
"He establishes the curriculum of teachings with the assistance of the educational commission.
"He makes all necessary decisions and exercises the skills that are not attributed to another authority.
"He has sole authority over staff and fixes the organization of work in services. Within the framework of the provisions governing staff and except for the accounting officer, it shall make any individual decisions that involve the management of staff and, in particular, the name of employment, the termination, the advancement, the discipline.
"The Director shall designate the executive officer responsible for ensuring the interim of his or her duties in the event of a momentary absence, incapacity or vacancy. In the absence of designation, the Deputy Director shall provide the Director's interim.
"He concludes on behalf of the school all contracts, conventions, markets and transactions. It sets the rates for training sessions.
"Under the conditions defined by decree, the Director commits expenses, notes debts and debts, issues orders of income and expenses, and may, under his responsibility, require that he have gone beyond the refusal of a visa or payment, possibly opposed by the accounting officer. He's cutting the school accounts.
"He has the power to give up registrations of privileges or mortgages on buildings required for the benefit of the school. However, in the absence of a finding of extinction or cancellation of secured receivables, the release may only be granted in accordance with a decision of the Board of Directors.
"He accepts provisionally or provisionally and without prior authorization the donations and bequests made at the school.
"He may delegate, under his responsibility, part of his powers to some of the school officers.
"The director decides on legal actions to be brought on behalf of the school and represents the school in justice and in civil life. He may give a warrant to officers of the school in order to ensure the representation of the school in court and in the acts of civil life.
"The director is responsible for the discipline of students and trainees and fixes their leave. » ;
9° In R. 123-18, the words "in R. 123-18-1 and R. 123-18-2" are replaced by the words "in R. 123-18-1";
10° Article R. 123-19 is repealed;
11° In R. 123-20, the third to eighth paragraphs are replaced by the following:
"She assists the director in the definition and implementation of the educational project.
"She is called to give her opinion, in particular on:
« 1° The orientations of the teachings, trainings and courses of graduates;
« 2° Conditions of access to graduate and graduation cycles;
« 3° The orientations of ongoing training programmes;
« 4° The orientations of the study and research programs. » ;
12° After the article R. 123-20, an article R. 123-20-1 is inserted as follows:
"Art. R. 123-20-1. - The terms and conditions for the organization of the school, the nature and content of the teachings, diplomas or certificates given, the internal discipline of the school, as well as the guarantees of which the sanctions that may be imposed, including exclusion, are specified by the rules of procedure of the school. » ;
13° In R. 123-21, the word "public servants" is replaced by the words "public agents and" and the words "administrative and technical permanent" and the words "and contractual agents" are deleted;
14° Section R. 123-22 is replaced by the following provisions:
"Art. R. 123-22. - Stakeholders at school are paid by convention or by vacation under the conditions provided by the Decree No. 2010-235 of 5 March 2010.
15° Article R. 123-23 is amended as follows:
(a) In the first paragraph, after the word "understands", the word "in particular" is inserted;
(b) In the fifth paragraph, after the words: "school", the words are inserted: ", in particular, the proceeds of registration, schooling, examinations and competitions";
(c) In the seventh paragraph, after the words "professional training", the words ", especially those from employers" are inserted;
16° Section R. 123-28 is replaced by the following provisions:
"Art. R. 123-28. - I. ― Every year there are two competitions opening access to school.
"The internal competition is open to people who justify, as of December 31 of the year of the competition, at least four years of seniority in one or more social security organizations.
"The professional experience of the persons mentioned in the 2nd of Article R. 123-45-1 is taken into account in calculating this period of seniority.
"The external contest is open:
« 1° Candidates with a national degree sanctioning three years of higher education or other grade level II, or a certificate issued by a higher education institution justifying an equivalence to the holding of a degree or a level II title;
« 2° Candidates justifying any other diploma, certificate or title issued in another Member State of the European Union by a public or private administration, institution or organization, in particular following a standardized examination or test, provided they meet the same conditions as the candidates mentioned in the 1st;
"The fathers and mothers of three children may apply for the external examination without completing the conditions of qualification mentioned in the fifth paragraph.
“II. ― A third entrance examination at the school may be open to persons who justify, as of December 31 of the year of the contest, the exercise for a total of eight years of one or more public or private professional activities.
"The opening of this contest is fixed by the order mentioned in the V.
"III. – No one can compete more than three times in total for all competitions.
"IV. ― The organization of the competitions, the terms and conditions of registration, the nature and organization of the trials, the content of the programs, the composition and organization of the jury and the rules of discipline shall be determined by order of the Minister for Social Security, after the advice of the board of directors.
"V. ― The dates of the examinations, the deadlines and the procedure for filing applications, the number of places offered to each competition, the places where the trials take place, and the list of members of the jury are fixed annually by order of the Minister for Social Security, after the advice of the board of directors.
"VI. ― Members of the jury of the entrance examinations are selected from category agents A of the public service, including teachers-researchers, management and accounting officers governed by the national collective agreements of social security agencies.
"Special examiners may be appointed by order of the Minister for Social Security.
"Correctors may be appointed by order of the Minister for Social Security to participate, with the members of the jury, in the correction of the trials.
"Special examiners and corrections participate in the deliberations of the jury with advisory voice for the award of the notes related to the tests they have assessed or corrected. »
« VII. ― The list of candidates admitted as students is fixed by the jury.
"The candidates admitted will attend the next post-competition tuition, with the exception granted by the director of the school on a motivated request of the interested parties, accompanied by an application from their employer to the internal candidates. » ;
17° Section R. 123-30 is replaced by the following provisions:
"Art. R. 123-30. - The students of the school receive theoretical and practical teaching within a training cycle with a duration of more than twenty-four months. » ;
18° Section R. 123-33 is replaced by the following provisions:
"Art. R. 123-33. - The training provided for in article R. 123-30 is sanctioned by an exit examination, the result of which is determined by a jury whose members are selected from category agents A of the public service, including teachers-researchers, management and accounting officers governed by the national collective agreements of social security agencies.
"The members of the jury are appointed by the director of the school.
"The student who has completed the exit examination and has subscribed to the commitment to serve in a social security organization or a regional health agency for a period of six consecutive years is entitled a former student.
"An annual order of the Minister for Social Security sets out the list of persons eligible for the title of a former student of the school. » ;
19° Section R. 123-34 is replaced by the following provisions:
"Art. R. 123-34. - A student who, for whatever reason, does not complete his or her schooling, refuses to sign the commitment to serve or does not fully meet this commitment must pay the school a representative allowance for the costs incurred by the student to ensure his or her education.
"The student may be completely or partially exempted from this obligation by the board of directors on the proposal of the school director. » ;
20° Article R. 123-35 is repealed;
21° Section R. 123-36 is replaced by the following provisions:
"Art. R. 123-36. - I. Students from the external competition who are not paid by a social security organization are non-school employee agents.
"The school fulfils the obligations of the employer with respect to these students.
"Students receive compensation for the duration of their schooling, the amount of which, fixed by order of the Minister for Social Security, is equal to the basic remuneration of a supervisory officer provided for in the collective labour agreement referred to in Article L. 123-1.
"This allowance is subject to social contributions due to private law officers governed by this collective agreement.
“II. ― Students from the internal competition, as well as students from the external competition who are paid by a social security organization, continue to be paid by their employer for the duration of their schooling.
"The school reimburses the employer for the cost of compensation and accessories paid, under the conditions fixed by order of the Minister for Social Security.
"III. ― Students from the third competition are non-registered employees during the course of their schooling.
"The school fulfils the obligations of the employer with respect to these students.
"They receive compensation, the amount of which, set by order of the Minister for Social Security, is equal to the most basic remuneration of a supervisory officer provided for in the collective labour agreement referred to in Article L. 123-1.
"This allowance is subject to social contributions due to private law officers governed by this collective agreement. » ;
22° Section R. 123-37 is replaced by the following provisions:
"Art. R. 123-37. - Social security agencies and regional health agencies transmit annually to the school, on a date fixed by decree of the Minister for Social Security, the list of vacant senior management posts. The director of the school sets out the list of vacancies proposed to students.
"At the end of the schooling, each of the former students is appointed on one of the positions on this list or on a position of management officer by the director of the organization concerned. » ;
23° Articles R. 123-37-1, R. 123-37-2, R. 123-38 and R. 123-39 are repealed;
24° Section R. 123-40 is replaced by the following provisions:
"Art. R. 123-40. - The list of candidates admitted to following the training provided in the 2nd of Article R. 123-9 for staff governed by the national collective agreements of social security organizations is decided by the director of the school either on the basis of the tests conducted for this purpose or under the conditions defined by the decree of the Minister for Social Security for candidates exempted from entry tests. » ;
25° It is re-established after R. 123-40 an article R. 123-41 as follows:
"Art. R. 123-41. - An annual order of the Minister for Social Security sets out the list of persons who successfully completed the training provided for in 2° of section R. 123-9. » ;
26° Articles R. 123-42, R. 123-43 and R. 123-44 are repealed.

Article 2 Learn more about this article...


The Social Security Code is thus amended:
1° In subsection 3, before section R. 123-45, the following words are inserted:


“paragraph 1



"Aptitude list and career path"


2° Section R. 123-45 is replaced by the following provisions:
"Art. R. 123-45. - I. Management officers and accounting officers of social security organizations are appointed among candidates on a fitness list established by job category or approved in a category at least equivalent.
“II. ― These provisions do not apply to social security organizations with a public institution, the Union des caisses nationales de sécurité sociale, the Caisse nationale du régime social des indépendants, the Caisse Centrale de la Mutualité sociale agricole and the old-age insurance organizations of the liberal professions. » ;
3° Section R. 123-45-1 is replaced by the following provisions:
"Art. R. 123-45-1. - Persons with the title of a former pupil of the National Higher Social Security School are registered in law on the aptitude list referred to in article R. 123-45 at the end of their schooling, under the conditions set by the decrees mentioned in article R. 123-47.
"Can apply for registration on the aptitude list, subject to the conditions of experience, nature of employment and training set out by the decrees mentioned in article R. 123-47, the following persons:
« 1° Persons employed as supervisory, managerial or accounting officers in a social security organization;
« 2° Persons governed by national collective agreements of social security organizations employed by organizations authorized to recruit such persons;
« 3° Persons with the title of a former student of the National School of Social Security, who do not fall under one of the situations mentioned in the preceding paragraphs;
« 4° Category A public officials;
« 5° Persons answering one of the situations mentioned in 1° to 3° and whose employment contract is suspended under the provisions of the Labour code or collective agreements. » ;
4° Article R. 123-45-2 is repealed;
5° Article R. 123-46 is amended as follows:
(a) After the first paragraph, the following paragraph is added:
"Registration on one of the lists gives access to the jobs of the other list according to the terms fixed by the decrees mentioned in R. 123-47. » ;
(b) In the second paragraph, the words: ", and after advice from the Board of Directors of the Central Fund for Agricultural Social Mutuality" are deleted;
(c) The last paragraph is replaced by the following paragraph:
"These two commissions are presided over by a member of the Council of State, a magistrate of the Court of Auditors or a member of the General Inspection of Social Affairs, active or honorary, and include, in addition to representatives of the Minister for Social Security and the Minister for Agriculture, on a parity, representatives of national social security bodies and representatives of executive and accounting officials. » ;
6° Section R. 123-47 is replaced by the following provisions:
"Art. R. 123-47. - Joint Orders of Ministers for Social Security and Agriculture define for each of the Fitness Lists the distribution of jobs by category, the registration rules, the validity of the registration, the conditions of experience, training and evaluations relating to these categories, the composition and the rules of operation of the commissions referred to in Article R. 123-46, the terms and conditions for the designation of the members of these committees and the terms and conditions for the registration of the
"These decrees also set the proportion of registration on the fitness list for persons in a supervisory position who fall within 1° and 2° of Article R. 123-45-1 and for persons under 4° of the same article. » ;
7° Before R. 123-47-1, the following words are inserted:


“Paragraph 2



« Appointment »


8° Article R. 123-47-1 is amended as follows:
(a) The 1° is replaced by the following:
« 1° Be a holder of the certificate of training in the field of accounting issued by the Ecole nationale supérieure de sécurité sociale; » ;
(b) At 2°, the word "spouse" and the words "and the minister responsible for agriculture" are deleted;
9° Article R. 123-47-2 is amended as follows:
(a) The first paragraph is replaced by the following paragraph:
"In order to be a candidate for a position of Director of Organization, the Senior Management Officer or Accountant who has served in the position for more than seven consecutive years, on the date of the publication of the vacancy, must have previously exercised at least once the duties of Senior Management Officer or Accountant in a different organization. » ;
(b) In the second paragraph, the word "4°" is replaced by the word "3°";
10° In R. 123-47-3, the words "R. 123-45-2" are deleted;
11° In article R. 123-47-7, the 9° and 10° are deleted;
12° The first sentence of the last paragraph of article R. 123-47-9 is replaced by the following sentence:
"The directors of the national organizations of the general regime and the social regime of the independents shall report annually to the Career Committee on their policy of managing directors and accountants. »

Article 3 Learn more about this article...


The Social Security Code is thus amended:
1° Article R. 123-51 is amended as follows:
(a) In the first paragraph, the words ", revocation" are deleted and, before the word "separation", the word "of" is inserted;
(b) The last paragraph is replaced by the following:
"The provisions of this Article shall apply to executive officers governed by national collective agreements of social security organizations employed by bodies authorized to recruit such personnel, other than those mentioned in the third, fourth and fifth paragraphs of Article R. 123-48;
2° In the first paragraph of R. 123-52, the word "treatment" is replaced by the word "remuneration".

Article 4 Learn more about this article...


The Social Security Code is thus amended:
1° In the first paragraph of article R. 217-10, the word "8" is replaced by the word "ten";
2° After R. 217-11, a section 5 is inserted as follows:


“Section 5



“Personals


"Art. R. 217-12. - As part of the staff rules, and with the exception of the accounting officer, the Director shall make any individual decisions necessary for the management of staff, including the name of employment, the advancement, discipline and termination of employment. It designates the officers responsible for the interim management positions except that of the accounting officer. » ;
3° After the article R. 611-62, an article R. 611-62-1 is inserted as follows:
"Art. R. 611-62-1. - The provisions of Article R. 217-12 shall apply to directors of the basic funds. »

Article 5 Learn more about this article...


I. ― The 4th and 5th of Article 1 come into force for the designation of the members of the next board of directors of the National School of Social Security.
II. ― The 7th and 6th paragraph of Article 1 of Article 1 shall enter into force after the appointment of the members of the next board of directors of the National School of Social Security.
III. ― The 16th of Article 1 comes into force from the competition to the National Higher Social Security School held in 2014.
IV. ― 2°, 3°, excluding its second paragraph, 4°, 5° and 6° of Article 2 come into force from the opening of the registration procedure on the aptitude list established under the year 2015.
V. ― The second paragraph of Article 2(3) comes into force on January 1, 2015.

Article 6 Learn more about this article...


The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of Agriculture, Agri-Food and Forestry, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.


Done on 15 July 2013.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Social Affairs

and Health,

Marisol Touraine

Minister of Economy and Finance,

Pierre Moscovici

Minister of Agriculture,

agri-food and forest,

Stéphane Le Foll

Minister Delegate

to the Minister of Economy and Finance,

Budget Officer

Bernard Cazeneuve


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