Summary pursuant to article 27 of law 78-17.
Keywords national EDUCATION, public service, Central ADMINISTRATION, decentralized, PERSONNEL, PENSION, retirement, additional pension, data collection, pension plan, computer, file computerized, automated processing, data processing, personal data, name, SANTOSH, putting in work, authority competent JORF n ° 0189 August 15, 2013 text no. 1 Decree No. 2013-729 of August 12, 2013 establishing automated data processing staff referred to as 'SIRAD' on the collection of data for the additional pension plan public service of personnel of the Ministry of national education NOR: MENF1315804D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/8/12/MENF1315804D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2013/8/12/2013-729/jo/texte interested Publics: officials of the Ministry of national education.
Subject: creation of automated processing of personal data on the collection of data for additional pension in the public service by the Ministry of national education.
Entry into force: the text comes into force the day following its publication.
Notice: the text allows the creation of automated processing of personal data on the collection of data for additional public service pension plan. It allows the necessary treatments to the calculation, payment and declaration with the establishment of the additional retirement from the public service (ERAFP) of contributions payable in respect of the additional pension on ancillary remuneration to officials of the Ministry of national education, paid principal on the State budget.
The text specifies the service with which to exercising the right of access of the persons concerned by the processing, the categories of personal data stored (data relating to the identification of persons, their professional lives and their economic and financial situation) and the recipients eligible to receive communication of such data.
In addition, it defines the conservation periods laid down for each category of recorded data and spreading the right of opposition of concerned persons as permitted article 38 of Act No. 78-17 of 6 January 1978 modified data processing, files and freedoms.
References: this decree can be accessed on the Legifrance website (http :// www. legifrance Govt. fr).
The Prime Minister, on the report of the Minister of national education, having regard to the code of civil and military retirement pensions;
Having regard to Act No. 78-17 of 6 January 1978 amended relative to computers, files and freedoms, particularly article 27 thereof;
Having regard to Act No. 2003-775 dated August 21, 2003 amended the pension reform, including article 76;
Considering Decree No. 2004-569 June 18, 2004, amended relating to the additional public service pension;
Having regard to the opinion of the National Commission of data processing and freedoms dated June 14, 2012;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...
The Minister of national education is authorized to implement automated processing of personal data called 'SIRAD' relating to the collection and processing of data to the management of regularisations of contributions pension plan public service of officials of the Ministry of national education, additional paid principal on the State budget.
This treatment allows the main employer, who paid the highest salary, to ensure the collection, consolidation of the unsupported elements of individual remuneration of any kind into account in the base for calculation of the civil and military retirement pensions and the calculation of adjustment of contributions.
It also allows the statement of pension contributions due to the establishment of the additional retirement of public service by employers using no index treatments, referred to as secondary employers.
Article 2 more on this article...
The categories of personal data recorded in the treatment are the following: 1 ° data relating to the identification of persons: has) family name, and, where applicable, name of use and given names;
(b) home address;
(c) date and place of birth;
(e) registration number in the national register for the identification of natural persons);
2 ° data relating to working life: a) statutory category (A, B, or C);
(c) periods of activity (over a year);
d) Code occupations and socio-professional categories (PCS) according to the INSEE nomenclature, discretionary and statistical purposes;
3 ° data to economic and financial: has) Elements of remuneration (treatment, benefits, premiums, any deductions);
b) gross index.
Article 3 read more on this article...
I. ― are only entitled to access information SIRAD system agents human resources of Central and decentralized in the Ministry of national education services, individually designated and specially authorized by the administrative authority responsible for the treatment.
II. ― are recipients of information from SIRAD, strictly necessary for their mission and within the limits of their powers: 1 ° regulated agents secondary employers, not mentioned in the I of this article, for the purposes of reporting of contributions payable to the establishment of the additional retirement from the public service;
2 ° officers authorized the establishment of additional retirement from the public service for the purposes of the additional retirement of each official account management.
Article 4 more on this article...
The personal data referred to in article 2 are kept in active base for two years from the last access to this data.
During this time, the data are accessible to all authorized agents referred to in article 3.
Beyond, data are accessible only to a small number of users specially empowered to respond to the requests for information of the officers concerned and this, until the liquidation of the rights to retirement of the agent.
Article 5 read more on this article...
The rights of access and rectification under articles 39 and 40 of the aforementioned law of January 6, 1978 exerted with the services of management of the personnel of Central and decentralized of the Ministry of national education services.
Article 6 read more on this article...
The right of opposition referred to in article 38 of the above-mentioned law of January 6, 1978 does not apply to this treatment.
Article 7 read more on this article...
Traces of the consultations, updates and exchanges are kept for a maximum period of twelve months.
Article 8 more on this article...
The Minister of education is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Made on August 12, 2013.
Jean-Marc Ayrault by Prime Minister: the Minister of national education, Vincent Peillon