Key Benefits:
Publics concerned: members of the boards and boards of the bodies of the general social security system and the Caisse des Français de l' étrangers.
Subject: duration of the mandates of members of the boards and boards of directors of the organizations of the general social security system and the Caisse des Français de l' étrangers.
Entry into force: for the directors of the Caisse des Français de l' étrangers, entered into force on the day after the publication of this decree. For members of the Boards and Boards of Directors of the General Plan, effective at the end of 2017. Transitional provisions allow for the concomitant renewal of all mandates of members of the boards and boards of directors of the organizations of the general regime at that date.
Notice: following a decision of the Constitutional Council of 23 May 2014 by which it has found their regulatory character, the decree amends the term of office of the members of the boards and boards of directors of the general regime and the Caisse des Français de l' étrangers.
The duration of the mandates of members of the boards and boards of the organizations of the general social security system is increased from five to four years. The majority of members of boards and boards of directors are designated by trade union organizations of national representative inter-professional employees and national professional organizations of representative employers. With representation determined every four years, the next Representation Order will take place before the summer of 2017. The provision of this Order provides for the periodicity of the renewal of the mandates of these members of the boards and boards of directors with that of the determination of representation at the national and inter-professional level of trade union organizations and professional organizations of employers, as provided for in the articles L. 2122-9 and L. 2152-4 Work code.
In addition, the current mandates of the Caisse des Français de l' étrangers are extended for one year.
References: the provisions of Social Security Code Amended or introduced by this decree may be consulted, in their drafting, on the Legifrance website (http://www/legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Considering the Constitution, in particular the second paragraph of article 37;
Vu le Social Security Codeincluding articles L. 231-2, L. 231-7 and L. 766-5;
Having regard to Constitutional Council decision No. 2014-248 L of 23 May 2014;
The State Council (Social Section) heard,
Decrete:
The Social Security Code (Legislative Party) is amended as follows:
1° Section L. 231-2 is repealed;
2° The third paragraph of Article L. 231-7 is deleted;
3° The fourteenth paragraph of Article L. 766-5 is replaced by the following provisions:
"The status of directors is governed by sections L. 231-9 to L. 231-12. »
I.-A sub-section 2 of chapter I, section 1, title III of Book II, of the social security code, section D. 231-1 becomes section D. 231-1-1.
II.-A sub-section 1 of Chapter I, Chapter I, Title III of Book II of the regulatory part of the same code, an article D. 231-1 is created as follows:
"Art. D. 231-1.-The term of office of members of the boards or boards of directors of the general social security system is four years. »
III.-After the last paragraph of article D. 231-24 of the same code, it is added a paragraph as follows:
"The term of office of the president is renewable once. »
I. - The duration of the terms of reference set out in section D. 231-1 applies to the terms of office of members of boards and boards of directors from the general renewals of all boards and boards of directors held after December 31, 2016.
II. - By derogation from Article D. 231-1, in its drafting of Article II of Article 2 of this Decree, the term of office of the members of the councils of the National Health Insurance Fund of employed workers and of the primary health insurance funds to be designated or elected as part of the first general renewal following the publication of this Order shall be fixed to three years.
III. - The terms of reference of the members of the boards of directors of the bodies of the general social security system other than those mentioned in the II, which is under way on the date of publication of this decree and whose renewal occurred in 2011, are extended for one year.
IV. - In the event of a full renewal or creation for any reason of a board or board of directors occurring after the date of publication of this Order and outside a general renewal of all boards or boards of directors, the term of office of the board or board of directors concerned shall expire on December 31, 2017.
I.-A section 3 of chapter VI of Book VII, title VI of the Social Security Code:
1° Paragraph 1 is entitled: "Term of office of directors and composition of the board of directors of the fund";
2° Article R. 766-6is R. 766-6-1;
3° An article R. 766-6 is created as follows:
"Art. R. 766-6.-The term of office of directors of the Caisse des Français de l' étrangers is six years. »
II.-The terms of office of the directors of the Caisse des Français de l' étrangers, which is currently under way on the date of publication of this decree, are extended for one year.
The Minister of Social Affairs, Health and Women's Rights is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 9 October 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
