Key Benefits:
Publics concerned: workers of the State who opted for recruitment by GIAT during his transformation into a national society and under the regime defined by Decree No. 90-582 of 9 July 1989, called "workers under decree".
Subject: social protection regime applicable to the "workers under decree" employed by the national company GIAT Industries and its subsidiaries of the group NEXTER.
Entry into force: the text comes into force on the day after publication.
Notice: the decree aims to take into account the provisions introduced by theArticle 189 of Act No. 2015-990 of 6 August 2015 which authorizes the opening to the private sector of the capital of the companies of the NEXTER group and which, in this context, guarantees to the aforementioned personnel the maintenance of their current regime.
In addition, the present decree provides some textual updates.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence and the Minister of Finance and Public Accounts,
Vu le Social Security Code ;
Vu la Act No. 89-924 of 23 December 1989 amended allowing the transfer to a national company of industrial establishments dependent on the Industrial Group of Terrestrial Arms (GIAT);
Vu la Act No. 2015-990 of 6 August 2015 for growth and activity;
Vu le Decree No. 72-154 of 24 February 1972 amended on leave in the event of illness, maternity and labour accidents which may be enjoyed by certain workers of the State who are monthly;
Vu le Decree No. 95-727 of 9 May 1995 amended on the social protection of workers mentioned in article 6 (b) of Act No. 89-924 of 23 December 1989 authorizing the transfer to a national society of industrial establishments dependent on the Industrial Group of Terrestrial Arms;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments;
Considering the advice of the Departmental Technical Committee of the Ministry of Defence dated 17 March 2015;
The State Council (Section of Administration) heard,
Decrete:
The above-mentioned decree of 9 May 1995 is amended in accordance with articles 2 to 5 of this decree.
Section 1 is replaced by the following:
"Art. 1.-People who have made the option referred to in (b) of the second paragraph of section 6 of the above-mentioned Act of 23 December 1989 shall, at the expense of the company employing them, be entitled to the maintenance of their wages or the half-salary, in conditions identical to those provided by the above-mentioned decree of 24 February 1972, in the case of compensation of the risks and expenses of sickness, maternity or
"The company employing the personnel concerned is subrogated against the general social security regime in the rights of the person concerned to the daily allowances due under sections L. 321-1, L. 331-3 and L. 431-1 of the Social Security Code, under the conditions set out in sections R. 323-11 and R. 433-12 of that Code.
"The company referred to in Article 1 of the Act of 23 December 1989 referred to above shall be established by an annuity advisory board, competent for compensation for occupational accidents and occupational diseases occurring to the personnel mentioned in this section, without prejudice to the application of Book IV of the Social Security Code.
"The composition of the commission ensures parity between the representatives of the staff concerned and those of the society.
"The representatives of the staff concerned are appointed by the trade union organizations which appear to be the most representative in view of the results of the first and second college in the elections of the business committee.
"The terms and conditions of the commission shall be determined by order of the Minister of Defence. »
In Article 2, the words: "of GIAT - Industries" are replaced by the words: "of the company referred to in Article 1 of the law of 23 December 1989 referred to above" and the references: "Article 3 of the decree of 24 September 1965 referred to above" are replaced by the references: "theArticle 3 of Decree No. 2004-1056 of 5 October 2004 relative to the pension regime of workers of industrial establishments of the state".
Section 3 is replaced by the following:
"Art. 3.-People who have made the option referred to in b of the second paragraph of section 6 of the Act of 23 December 1989 referred to above benefit from rights identical to those provided inArticle 49 of Decree No. 2004-1056 of 5 October 2004 relating to the pension scheme of workers in industrial establishments of the State to accumulate their pension with the rents allocated in the event of an occupational accident or illness pursuant to Book IV of the Social Security Code. »
Section 4 is replaced by the following:
"Art. 4.-The company employing the workers in the labour force concerned shall reimburse them for the portion of the contribution paid by them to the general social security regime, for health insurance, maternity, death and disability insurance, which exceeds the amount of the contributions as they are due by the workers of the industrial establishments of the State. »
The Minister of Finance and Public Accounts, the Minister of Defence and the Secretary of State in charge of the budget are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on November 19, 2015.
Manuel Valls
By the Prime Minister:
Minister of Defence,
Jean-Yves Le Drian
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert