Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, the Minister of the Public Service and the Reform of the State and the Minister of Overseas,
In view of Articles L. 712-11-1, L. 712-11-2 and L. 712-11-3 of the Social Security Code,
In the light of country law n ° 2002-016 of 11 January 2002 on social security in New Caledonia, as amended by the law of the country n ° 2002-020 Of 6 August 2002 with various provisions of social order;
Having regard to Decree No. 98-844 of 22 September 1998 laying down the conditions and procedures for the settlement of the costs of the movement of civilian personnel of the State in the interior From an overseas territory, between the metropolis and an overseas territory, between two overseas territories and between an overseas territory and an overseas department, Mayotte or Saint-Pierre-et-Miquelon,
Décrète:
3 ° b and 6 ° of the I of Article 24 of the decree of 22 September 1998 are written as follows:
" 3 ° b) For judges, an appointment to a job classified outside the hierarchy. "
" 6 ° The fulfilment of the statutory mobility obligations laid down in the provisions of Article 39 (2) and (3) of the Ordinance of 22 December 1958 referred to above and by the provisions of Article 1 of Decree No. 2004-708 of 16 July 2004 on the mobility and secondment of civil servants recruited through the National Administrative School. "
Article 28 of the above-mentioned Decree of 22 September 1998 reads as follows:
" Art. 28. - In the event of the separation of the spouses, the separation of the spouses, the separation of the concubins or the dissolution of the civil pact of solidarity during their stay, and whether the marriage, the concubinage or the civil pact of solidarity were contracted Prior to the employee's tour of assignment, the spouse, partner or partner of a separate civil solidarity pact or the former spouse, concubin or partner of a civil pact of solidarity may claim, provided that such costs do not Paid by his employer, to the reimbursement of such costs of change of residence when he requests, within one year from the date of divorce, the separation or dissolution of the civil pact of solidarity, his return, and That of the dependent children entrusted to him, instead of the habitual residence of the agent at the time of divorce, the separation or dissolution of the civil pact of solidarity, or, possibly, instead of his own habitual residence. "
The second and third paragraphs of Article 34 of the Decree of 22 September 1998 read as follows:
" 1 ° A spouse, partner or partner in a civil solidarity pact, if one of the At least two of the following conditions are met:
" (a) The personal resources of the spouse, the partner or the partner of a civil solidarity pact are less than the salary subject to the pension under the gross index 340; "
Article 36 of the above-mentioned Decree of 22 September 1998 reads as follows:
" Art. 36. - The agent who changes residence may be entitled to take charge of the resulting costs for himself and, where appropriate, for his spouse, concubin or partner of a civil solidarity pact and the members of his family on the condition that The costs were not borne by the employer of his spouse, partner or partner of a civil solidarity pact.
" Each of the spouses, concubins or partners of a civil pact of solidarity with a right of Change-in-residence allowance received the allowance to which it is entitled on the basis set for a single.
" In all cases, the care of each of the members of the family can only be carried out under one Or the other spouse, concubins or partners of a civil pact of solidarity.
" The taking of such costs shall be definitively acquired only if the agent justifies the transfer of his family residence and the installation to his new residence The residence of the family members who followed him, within six months of their respective arrival. "
The fifth paragraph of Article 41 of the above-mentioned Decree of 22 September 1998 reads as follows:
" In all cases, the travel expenses of the spouse, concubin, or Partner of a civil solidarity pact and family members. "
It is added to Article 60 of the Decree of 22 September 1998 referred to above as follows:
" The provisions of this Article shall not apply to officers assigned to New Caledonia. "
The Minister of Economy, Finance and Industry, the Minister of the Public Service and Reform of the State, the Minister for Overseas and the Minister Delegate to the Budget and Budget Reform, Shall be responsible for the execution of this Decree, which shall be published in the Official Gazette of the French Republic.
Done at Paris, February 2, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister for Overseas,
Brigitte Girardin
Minister of the Economy,
Finance and Industry,
Hervé Gaymard
Public Service Minister
and state reform,
Renaud Dutreil
Le Minister Delegate to
Budget and Budget Reform,
Government Spokesperson,
Jean-François Copé
