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Decree No. 2015-860, July 15, 2015, Establishing A Transitional Premium Of Solidarity For Some Job Seekers

Original Language Title: Décret n° 2015-860 du 15 juillet 2015 instituant une prime transitoire de solidarité pour certains demandeurs d'emploi

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Keywords

EMPLOY , WORK , LUTTE CONTRE LE CHOMAGE , DEMANDEUR D'EMPLOI , AIDE A L'EMPLOI , ALLOCATION DE SOLIDARITE SPECIFIQUE , ASS , REVENU DE SOLIDARITE ACTIVE , RSA , REMUNERATION , PRIME TRANSITOIRE DE SOLIDARITE ,


JORF n°0162 of 16 July 2015 page 12091
text No. 27



Decree No. 2015-860 of 15 July 2015 establishing a transitional solidarity award for certain job seekers

NOR: ETSD15419D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/7/15/ETSD1515419D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/7/15/2015-860/jo/texte


Publics concerned: job seekers benefiting from the specific solidarity allowance or active solidarity income born between January 1, 1954 and December 31, 1955.
Subject: creation of a transitional solidarity award.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree creates a transitional solidarity grant and defines the conditions of attribution, calculation and payment by Pôle emploi. This premium is paid monthly, under conditions, to job seekers born between January 1, 1954 and December 31, 1955 who have reached the age of 60 and who have validated the number of quarters required under the old-age insurance plan for the opening of a full-rate pension upon termination of their right to unemployment insurance. To benefit from this award, applicants must benefit from the specific solidarity allowance or active solidarity income and have been compensated for the return to employment assistance allowance, the specific reclassification allowance, the occupational transition allowance or the occupational security allowance at least one day between January 1, 2011 and December 31, 2014.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le code of social action and familiesincluding article L. 262-1;
Vu le Social Security Codeincluding articles L. 161-17-2 and L. 351-1;
Vu le Labour code ;
Vu la Act No. 2005-32 of 18 January 2005 programming for social cohesion, including its article 74;
See?Order No. 2006-433 of 13 April 2006 relating to the experimentation of the contract of professional transition, including Article 6;
Considering the opinion of the National Council for Employment, Training and Vocational Guidance dated 7 July 2015,
Decrete:

Article 1 Learn more about this article...


A transitional solidarity grant is awarded to job seekers who, cumulatively:
1° Born between 1 January 1954 and 31 December 1955 and reached the age of 60;
2° Benefit from the specific solidarity allocation defined to Articles L. 5423-1 to L. 5423-3 of the Labour Code or active solidarity income defined inArticle L. 262-1 of the Code of Social Action and Families ;
3° Either was compensated, at least one day, between January 1, 2011 and December 31, 2014, for the unemployment insurance allowance referred to in the 1° of Article L. 5421-2 of the Labour Code or the specific reclassification allowance referred to inArticle 74 of Act No. 2005-32 of 18 January 2005 programming for social cohesion or the occupational transition allocation referred to in theArticle 6 of Order No. 2006-433 of 13 April 2006 relating to the experimentation of the contract of professional transition or the occupational security allowance referred to in theArticle L. 1233-68 of the Labour Codeeither fulfilled, during the same period, the conditions for the opening of a right to these same allowances but were not compensated for, inter alia, the suspension or interruption of that right or the application of the waiting period and deferred compensation;
4° Have exhausted their rights to the allowances mentioned in the 3rd of this article;
5° Have not reached the age mentioned atArticle L. 161-17-2 of the Social Security Code ;
6° Justifies the duration of insurance defined at second paragraph of Article L. 351-1 of the Social Security Code for the opening of the right to an old-age pension at full rate at the termination of their rights to one of the allowances mentioned in the 3rd of this article.

Article 2 Learn more about this article...


The transitional bonus of solidarity is at the expense of the State. It is paid monthly by Pôle emploi, with which the State concludes a management agreement.
The amount is set at 300 euros per month.

Article 3 Learn more about this article...


The transitional solidarity premium ceases to be paid to the recipient of the specific solidarity allowance or active solidarity income from the effective date of the pension and at the latest to the age mentioned at the time of the pensionArticle L. 161-17-2 of the Social Security Code.

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The transitional solidarity award is subject to the rules applicable to the specific solidarity allocation relating to litigation, control, sanctions, prescription, recovery of the indus, instability and inceivability.

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It is not taken into account the transitional solidarity award for the determination of the right to the specific solidarity allocation defined to the Articles L. 5423-1 to L. 5423-3 of the Labour Code and the active solidarity income defined inArticle L. 262-1 of the Code of Social Action and Families.

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The application for payment of the transitional solidarity grant must be filed by December 31, 2017.

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The transitional solidarity award is awarded for periods beginning on 1 June 2015.

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


Done on July 15, 2015.


Manuel Valls

By the Prime Minister:


The Minister of Labour, Employment, Vocational Training and Social Dialogue,

François Rebsamen


Minister of Finance and Public Accounts,

Michel Sapin


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

Marisol Touraine


The Secretary of State in charge of the budget,

Christian Eckert


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