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Decree No. 2014 - 1498 11 December 2014 The Collective Safeguards With The High Degree Of Solidarity Referred To In Article L. 912 - 1 Of The Code Of Social Security

Original Language Title: Décret n° 2014-1498 du 11 décembre 2014 relatif aux garanties collectives présentant le degré élevé de solidarité mentionné à l'article L. 912-1 du code de la sécurité sociale

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Keywords

STATUS OF SOCIAL , SOCIAL SECURITY , CODE OF THE SOCIAL SECURITY , CSS , ASSURE , SALARIE , SOCIAL PARTNER , ASSURANCE , CODE OF ASSURANCE ,


JORF n°0288 of 13 December 2014 page 20901
text No. 33



Decree No. 2014-1498 of 11 December 2014 on collective guarantees with the high degree of solidarity referred to in Article L. 912-1 of the Social Security Code

NOR: AFSS1415225D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/12/11/AFSS1415225D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/12/11/2014-1498/jo/texte


Publics concerned: social partners, insurance companies under the insurance code, contingency institutions Social Security Codemutual funds code of mutuality.
Subject: definition of collective guarantees provided by supplementary collective agreements to characterize a high degree of solidarity for the application of theArticle L. 912-1 of the Social Security Code.
Entry into force: the text comes into force on the day after its publication.
Notice: where social partners recommend one or more insurers to organize the management of complementary social protection devices that they establish by professional or inter-professional agreement, this agreement must provide for the institution of collective guarantees with a high degree of solidarity and, as such, include non-directly contributory benefits.
The purpose of this decree is to clarify the nature of guarantees and benefits that characterize a high degree of solidarity and their modalities of implementation by social partners.
References: this decree is taken for the application of theArticle 14 of Act No. 2013-1203 of 23 December 2013 Social Security Funding for 2014. Articles of the Social Security Code Amended by this decree are available, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Vu le Social Security Codeincluding articles L. 911-1 and L. 912-1;
Vu la Act No. 2013-1203 of 23 December 2013 the financing of social security for 2014, including article 14;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


In Book IX of the Social Security Code, a title I is re-established as follows:


« Title I
« GENERAL PROVISIONS RELATING TO THE COMPLETED SOCIAL PROTECTION OF SALARIES


"Art. R. 912-1.-The professional or inter-professional agreements referred to in the first paragraph of Article I of Article L. 912-1 provide for the share of the paid premium or contribution that will be allocated to the financing of benefits referred to in 1°, 2° and 3° of Article R. 912-2 as well as, where applicable, other equivalent actions that carry out an objective of solidarity that they state.
"It is considered to have a high degree of solidarity within the meaning of the provisions of the first paragraph of Article L. 912-1 the agreements for which the share of this funding is at least 2% of the premium or contribution.


"Art. R. 912-2.-The professional or inter-professional agreements referred to in the first paragraph of Article L. 912-1 may provide, with a view to providing guarantees with a high degree of solidarity within the meaning of this paragraph:
« 1° A total or partial care of the contribution of all or part of the employees or apprentices who may benefit from the exemptions provided for in paragraph 2 of Article R. 242-1-6, as well as the contribution of all or part of the employees, apprentices or former employees whose contribution is at least 10% of their gross income;
« 2° Funding for preventive actions related to occupational hazards or other health policy objectives, including health behaviours.
"These preventive actions will be able to relay priority actions in areas identified as such in the framework of health policy, including national information or training campaigns, or to provide specific actions to the professional or inter-professional field concerned and to reduce the risks of future health and improve the living conditions at work and the health of employees.
« 3° Support for social action benefits, including:
“(a) Either individually: the allocation, when the material situation of the persons concerned justifies it, of individual assistance and relief to employees, former employees and entitled persons;
“(b) Either collectively, for employees, former employees or their eligible persons: the award according to the criteria defined by the help agreement to meet the loss of autonomy, including expenses resulting from the accommodation of a disabled adult in a medical-social institution, expenses related to the care of a disabled child or those that are necessary for the support provided to family caregivers.
"Guidelines of prevention actions as well as the rules of operation and the terms and conditions for the allocation of social action benefits are determined by the Joint Branch Commission, taking into account, where appropriate, the health improvement objectives defined in the framework of the health policy to the implementation of which these guidelines contribute in the professional or interprofessional field they cover.
"The Joint Board of Branch oversees the implementation of these guidelines by the organizations with which companies organize the coverage of their employees. »

Article 2 Learn more about this article...


The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights and the Secretary of State responsible for the budget are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 11 December 2014.


Manuel Valls

By the Prime Minister:


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


Minister of Finance and Public Accounts,

Michel Sapin


The Secretary of State in charge of the budget,

Christian Eckert


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