Decree No. 2004-132 Of February 10, 2004, Relating To Compensation Of Directors Of Mutual Associations, Unions And Federations And Amending The Code Of Mutuality Second Part: Decrees Of The Council Of State)

Original Language Title: Décret n° 2004-132 du 10 février 2004 relatif à l'indemnisation des administrateurs des mutuelles, unions et fédérations et modifiant le code de la mutualité (deuxième partie : Décrets en Conseil d'Etat)

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Changing the code of mutuality summary: inserting in section 5 of chapter IV of the art. R. R. 114 114-4 - 7, repeal of art. R. 125-2.
Keywords SOCIAL AFFAIRS, CODE OF MUTUALITY, MUTUAL, UNION MUTUAL, FEDERATION MUTUAL AGENCY MUTUAL, PRESIDENT, DIRECTOR, COMPENSATION, TREATMENT, COMPENSATION, MODE OF CALCULATION, BENEFICIARY, PAYMENT, ACTIVITY THRESHOLD, CAP, CUMULATION OF MANDATES JORF n ° 36 of February 12, 2004, page 2861 text no. 3 DECREE Decree No. 2004-132 of February 10, 2004, relating to compensation of Directors of mutual associations, unions and federations and amending the code of mutuality second part (: Decrees of the Council of State) NOR: SOCS0324735D ELI: not available the Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity and the Minister of health, family and disabled persons, given the code of mutuality, notably article L. 114-26.
Considering the opinion of the High Council of mutuality as of June 5, 2003;
The Council of State (social section) heard, decrees: Article 1 more on this article...

It is inserted in section 5 of chapter IV of book I of the code of mutuality second part: decrees of the Council of State) four articles R. 114 - 4-R. 114 - 7 thus written: 'art. R. 114-4. -The compensation referred to in the second paragraph of article L. 114 - 26 can be attributed in mutual benefit organizations who, on average over the past three years, count at least five thousand identified participating members, have conceded at least one million euros of contributions or have used at least ten employees in full time equivalent.
'Art. R. 114-5. -The total amount of compensation paid by the same mutual body under the provisions of the second paragraph of article L. 114 - 26 may not exceed the total of the ten highest remuneration paid to employees by this body.
'Art. R. 114-6. -I. - the annual allowance, attributed to another title as repayment of compensation or loss of earnings and the reimbursement of costs referred to in the sixth paragraph of article L. 114 - 26, shall not exceed the ceiling provided for in the first paragraph of section L. 241 - 3 of the code of social security for the year in question.
"This amount is however increased to two times the amount of the ceiling referred to in the first subparagraph to organizations that, on average over the past three years, count at least twenty-five thousand members, have conceded at least five million euros in contributions or have used at least fifty employees in full time equivalent.
"II. - each of the persons referred to in the second paragraph of article L. 114 - 26 and benefiting from this compensation to the Board of Directors of the Authority an annual report of activities exerted and the time spent in the service of the mutual."
"This report is annexed to the report referred to in article L. 114 c - 17
'Art. R. 114-7. -The total compensation awarded to a different title than the refund of maintained compensation or loss of earnings and reimbursements of costs referred to in the sixth paragraph of article L. 114 - 26 that the Chairmen of Board of Directors and administrators, regardless of the number of mandates, can receive in a calendar year, cannot exceed twice the amount of the ceiling referred to in the first paragraph of section L. 241 - 3 of the code of social security of the year considered. ' Article 2 more on this article...

Article R. 125 - 2 of the code of mutuality (former) is repealed.


Article 3 more on this article...

The Minister of Social Affairs, labour and solidarity and the Minister of health, family and disabled people are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.


Done at Paris, on February 10, 2004.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon the Minister of health, family and disabled persons, Jean-François Mattei

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