Key Benefits:
Public officials concerned: officials from the Ministry of National Education.
Purpose: Create an automated personal data processing for the collection of data for the additional public service pension plan by the Department of National Education.
Entry into force: the text comes into force on the day after its publication.
Notice: The text authorizes the creation of an automated personal data processing for the collection of data for the additional public service pension plan. It makes it possible to carry out the necessary salaries for the calculation, payment and reporting to the establishment of the additional public service pension (ERAFP) of the additional pension contributions on the incidental remuneration provided to officials under the Ministry of National Education, principally paid on the state budget.
The text specifies the service to which the right of access of the persons concerned by the processing is exercised, the categories of personal data registered (data relating to the identification of persons, their professional life and their economic and financial situation) and the recipients authorized to receive such data.
In addition, it defines the retention periods for each registered data category and excludes the opposition rights of the persons concerned as permitted by theArticle 38 of Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms.
References: This decree is available on the website Légifrance (http :// www. legifrance. gouv. en).
The Prime Minister,
On the report of the Minister of National Education,
Vu le Civil and Military Pension Code;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to information technology, files and freedoms, including article 27;
Vu la Act No. 2003-775 of 21 August 2003 amended to reform pensions, including article 76;
Vu le Decree No. 2004-569 of 18 June 2004 amended on the additional retirement of the public service;
Vu the opinion of the National Commission on Informatics and Freedoms of 14 June 2012;
The State Council (Social Section) heard,
Decrete:
The Minister for National Education is authorized to implement an automated personal data processing known as "IRAD" for the purpose of collecting and processing data for the management of the regularizations of the additional pension plan of the public service of officials under the Ministry of National Education, who are paid principally on the state budget.
This treatment allows the primary employer, who paid the highest indiciary salary, to ensure the collection, consolidation of the individual compensation elements of any kind not taken into account in the civil and military pension calculation plate and the calculation of the regularizations of contributions.
It also allows the declaration of pension contributions due to the establishment of the additional public service pension by employers not serving indiciary salaries, known as secondary employers.
The personal data categories recorded in the processing are:
1° Data relating to the identification of persons:
(a) Name of family, and, where applicable, name of use, and surnames;
(b) Personal address;
(c) Date and place of birth;
(d) Nationality;
(e) Registration number on the National Register for the Identification of Physical Persons;
2° Professional life data:
(a) Statutory category (A, B, or C);
(b) Affection;
(c) Periods of activity (on a reference year);
(d) Professional code and socio-professional categories (PCS) according to the INSEE nomenclature, optionally and for statistical purposes;
3° Economic and financial data:
(a) Compensation elements (treatment, allowances, bonuses, deductions);
(b) Gross index.
I. ― Access to the SIRAD information system alone is the human resources officers of the central and decentralized departments of the Ministry of National Education, individually designated and specially authorized by the administrative authority responsible for the processing.
II. ― Are recipients of information from SIRAD, strictly necessary for their mission and within the limits of their responsibilities:
1° Authorized officers of secondary employers, not mentioned in I of this section, for the purpose of reporting contributions due to the establishment of the additional public service pension;
2° Authorized officers of the additional public service pension institution for the purpose of managing the additional pension account of each employee.
The personal data referred to in Article 2 shall be retained on an active basis for two years from the last access to this data.
During this period, the data are accessible to all authorized agents referred to in Article 3.
Beyond that, the data are only accessible to a limited number of users specially authorized to respond to requests for information from the agents concerned, until the disposition of the agent's retirement rights.
Access and rectification rights provided by Articles 39 and 40 of the Act of 6 January 1978 referred to above apply to the central and decentralized services staff management services of the Department of National Education.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
The traces of consultations, updates and exchanges are kept for a maximum period of twelve months.
The Minister of National Education is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 12 August 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of National Education,
Vincent Peillon
