Key Benefits:
Public concerned: advice from national social security agencies of the general system and organizations to designate representatives within them.
Purpose: Designation rules to ensure equal access of women and men to the advice of national social security agencies of the general system.
Entry into force: this decree comes into force on the day after its publication. For the first time in practice, he found that he was required to renew the Board of the National Health Insurance Fund for Employees and the Board of Occupational Accidents and Diseases in October 2017, and, at the renewal of the Boards of Directors of the Central Social Security Agency, the National Old Age Insurance Fund and the National Family Allowance Fund in late 2021.
Notice: Pursuant to the Act, the Board of the National Health Insurance Fund for Employees (CNAMTS), the Boards of Directors of the National Family Allowance Fund (CNAF), the National Health Insurance Fund for Employees (CNAVTS) and the Central Agency for Social Security Organizations (ACOSS) and the Board of Occupational Accidents and Diseases include as many women as men. When the number of members of these bodies is odd, the gap between men and women is not greater than one.
This decree determines the conditions under which members of these councils are appointed to ensure compliance with this obligation.
Thus, each organization or institution called to designate an equal number of members refers to as many women as men. For organizations that designate a number of odd members, the difference between the number of women and men designated by each of them must not be greater than one. A draw whose terms are defined by an order then determines the organizations that will have to designate more women and those that will have to designate more men, to guarantee the goal of parity.
References: this decree is taken for the application of theArticle 75 of Act No. 2014-873 of 4 August 2014 for real equality between women and men. The provisions of Social Security Code Amended by this decree may be consulted, in their writing resulting from this amendment, 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. 231-1 and L. 231-3;
Vu la Act No. 2014-873 of 4 August 2014 for real equality between women and men, including article 75;
The State Council (Social Section) heard,
Decrete:
After chapter VI of title II of Book II of the second part of the Social Security Code, a chapter VII is inserted as follows:
“Chapter VII
« Egal access to women and men
"Art. R. 227-1.-To ensure a composition in accordance with the provisions of Article L. 231-1, in the board and boards of directors of the national funds and central agency referred to in Articles L. 221-3, L. 222-5, L. 223-3 and L. 225-3 and in the commission referred to in Article L. 221-5, the designations of the following advisors and directors shall be made under the conditions
« 1° Each organization or institution to designate an equal number of incumbent councillors or administrators designates as many women as men;
« 2° Each organization or institution to designate an odd number of incumbent advisors or directors shall make such designations so that the difference between the number of designated women and the number of designated men is not greater than one. The drawing of lots referred to in R. 227-2 determines whether they are to designate a higher number of women or a higher number of men. For organizations or institutions that designate only an adviser or administrator, this random draw also determines whether this seat must be provided by a woman or a man.
"These provisions also apply to organizations or institutions when they designate representatives in several categories of advisors or administrators.
"Art. R. 227-2.-A drawing of lots shall take place at each renewal of the terms and for each instance referred to in Article L. 231-1, provided that organizations or institutions have an odd number of members to designate.
"The conditions for the drawing are defined by a decree of the Minister for Social Security.
"Art. R. 227-3.-In the board and boards of directors of the national funds and of the central agency referred to in sections L. 221-3, L. 222-5, L. 223-3 and L. 225-3 and in the commission referred to in section L. 221-5, when in the course of a term the seat of a incumbent representative becomes vacant, the new representative must be of the same sex as the originally designated holder.
"Art. R. 227-4.-To be able to fulfil its obligation to replace the holder with a substitute of the same sex, each organization or institution shall designate the same number of women and men among its alternates as among its holders. »
Chapter VIII of Title II of Book II of Part II of the Social Security Code, comprising Articles R. 228-1 to R. 228-10, is repealed.
The Minister of Social Affairs, Health and Women's Rights and the Secretary of State for Women's Rights are responsible, each with regard to her, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on July 29, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
State Secretary for Women's Rights,
Pascale Boistard
