Key Benefits:
Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister of Health, Family and People with Disabilities,
Given the Code Mutuality, in particular Article L. 114-26;
In view of the opinion of the Higher Council of mutuality dated 5 June 2003;
The Conseil d' Etat (social section) heard,
Décrète:
It is inserted in section 5 of Chapter IV of the book Ier du Code de la mutualité (Second part: Orders in Council of State) four articles R. 114-4 to R. 114-7 thus written:
" Art. R. 114-4. -The compensation referred to in the second subparagraph of Article L. 114-26 may be awarded in the mutual organisations which, on average each year in the last three years, have at least five thousand registered members, have cashed At least one million euro of contributions or have employed at least ten employees in full-time equivalent.
" Art. R. 114-5. -The total amount of the allowances paid by the same mutual fund pursuant to the provisions of the second subparagraph of Article L. 114-26 shall not exceed that of the total of the ten highest remuneration paid to its employees by this Organization.
" Art. R. 114-6. -I.-The annual amount of the compensation awarded to another person, other than the reimbursement of the remuneration or loss of earnings and the reimbursement of expenses referred to in the sixth subparagraph of Article L. 114-26, shall not exceed the ceiling provided for in the First paragraph of Article L. 241-3 of the Social Security Code for the year in question.
" This amount, however, is increased to twice the amount of the ceiling referred to in the first subparagraph for organizations which, on average yearly during the Last three years, have at least twenty-five thousand participating members, have cashed at least five million euros of contributions or have employed at least fifty employees in full-time equivalent.
" II. -Each person referred to in the second subparagraph of Article L. 114-26 and entitled to compensation shall submit to the Board of Directors an annual account of the activities carried out and the time spent in the service of the Mutual.
" This report shall be annexed to the report provided for in Article L. 114-17
Art. R. 114-7. -The total of the allowances allocated to another title than the reimbursement of the remuneration maintained or the loss of earnings and reimbursements of the costs referred to in the sixth paragraph of Article L. 114-26 as the chairpersons of the Administrative Council And the directors, irrespective of the number of their mandates, may receive in a calendar year, may not exceed twice the amount of the ceiling provided for in the first paragraph of Article L. 241-3 of the Social Security Code of the year Considered. "
Section R. 125-2 of the (old) mutuality code is repealed.
The Minister for Social Affairs, Labour and Solidarity and the Minister of Health, Family and Disabled Persons shall each have responsibility for the implementation of this Decree, Which will be published in the Official Journal of the French Republic.
Done at Paris, February 10, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Business Social,
du travail et de la solidarité,
François Fillon
The Minister of Health, the
Family and People with Disabilities,
Jean-François Mattei
