Key Benefits:
Publics concerned: companies, legal entities, employers and social security fund of Mayotte.
Purpose: Costing of occupational accidents and diseases in Mayotte.
Entry into force: the provisions of this Order are applicable as of January 1, 2016, with the exception of the provisions of Article 5, applicable as of January 1, 2020.
Notice: This text makes it applicable to Mayotte as of January 1, 2020 the fees for occupational accidents and diseases provided by the Social Security Code. This text allows the establishment of a classification of companies according to their activity in accordance with the national nomenclature, a notification of the classification by the Mayotte Social Security Fund and a calculation of the rates allowing the application of Social Security Code and taking into account the specificities of Mayotte. It provides transitional provisions in order to allow the progressive reconciliation of the regulations applicable to Mayotte of common law.
References: the provisions of Social Security Code Amended by this decree can be found 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 Code ;
See?Order No. 96-1122 of 20 December 1996 amended to improve public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund, including article 28-6;
Considering the opinion of the Commission on Industrial Accidents and Occupational Diseases dated 16 September 2015;
Considering the advice of the National Standards Assessment Board dated 3 December;
Considering the referral of Mayotte's General Council dated 21 July 2015,
Decrete:
The ceiling referred to in I of section 28-6 of the amended 20 December 1996 order referred to above is set at Euro1,070 per month for pay or gains paid as of January 1, 2011. This amount is revalued annually in accordance with the rate of change in the ceiling in effect in metropolis on January 1st of each year, increased by 5 points and one tenth.
♪ third and fourth paragraphs of Article D. 242-6-11 of the Social Security Code are applicable to Mayotte. For the purposes of the third paragraph, the words "the tariffs" are replaced by the words "the net collective rates applicable to Mayotte".
The provisions of Article D. 242-6-16 of the same code are applicable to Mayotte.
Articles D. 242-6-1 to D. 242-6-10, D. 242-6-12 to D. 242-6-15 and D. 242-6-17 to D. 242-6-23 the Social Security Code applies to Mayotte and, for the purposes of this application, the provisions of this code to which these provisions refer, subject to the following modifications:
1° References to the metropolis, metropolitan territory, an overseas department, to the departments mentioned in article L. 751-1 of the same code are replaced by the reference to Mayotte;
2° References to the Primary Fund, the Primary Health Insurance Fund, the Health Insurance Fund, the Retirement Insurance Fund and the Occupational Health Insurance Fund, the Regional Health Insurance Fund and the caisses referred to in Article L. 215-1 of the Code are replaced by the reference to the Mayotte Social Security Fund.
For a transitional period of up to December 31, 2019, the rate of contribution due to occupational accidents and diseases is determined by institution.
The Mayotte Social Security Fund classifies each institution in a risk category according to the activity carried out in that institution.
In the event of a plurality of activities within the same institution, the classification is carried out according to its main activity, which is the one exercised by the largest number of employees.
If the activities in the establishment are carried out by an equal number of employees, the classification is carried out according to the activity that generates the greatest risk.
The Mayotte Social Security Fund shall notify each employer of its ranking in a category of risk by single letter or hand-over against discharge.
During the transitional period provided for in section 5, provisions of Article D. 242-6-4 of the Social Security Code, except for the second and third paragraphs, shall apply to all establishments in Mayotte, regardless of their number of employees or the number of the company to which they belong.
For the purposes of these provisions, the risk value is calculated according to the provisions of Article D. 242-6-5 of the same code.
During the transitional period provided for in section 5, the rate of contributions of the establishments located in Mayotte is set annually by order of the Minister for Social Security, after the advice of the Board of Directors of the Social Security Fund of Mayotte.
The rate of establishments classified in the same risk category shall converge towards the net collective rate of the general regime published annually for the corresponding risk category, so that the rate differences between Mayotte and Mayotte levels are the lowest possible as of January 1, 2020.
The Mayotte Social Security Fund shall notify each employer of its rate of contribution due to occupational accidents and occupational diseases by single letter or handover against discharge.
The provisions of this Order come into force on January 1, 2016, with the exception of the provisions of Article 4, which come into force on January 1, 2020.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Overseas 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 15 December 2015.
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
Minister of Overseas,
George Pau-Langevin
The Secretary of State in charge of the budget,
Christian Eckert
