CODE OF SOCIAL SECURITY
LexInter | May 3, 2009 | 0 Comments

CODE OF SOCIAL SECURITY

Chapter 5: Central Agency of Security Organizations

social.

Section 1: Missions of the Central Agency of Bodies

social security * ACOSS *

Article L225-1

The Central Agency of Social Security Bodies is responsible for managing

common treasury of the various branches managed by the National Fund for

family allowances, by the National Health Insurance Fund and by the

national pension insurance for salaried workers, under the conditions set by

decree taken on the report of the ministers concerned.

In order to clarify the management of the branches of the general scheme, the Central Agency for

social security organizations ensure the individualization of the cash flow of each

branch by permanent monitoring in forecasting and accounting implementation; she establishes the state

cash flow forecast for each branch.

A decree determines the modalities of application of this article, as well as the conditions

investment of the overall cash surpluses recorded for all

branches mentioned in the first paragraph.

Article L225-1-2

When the National Pension Insurance Fund for salaried workers passes a

financial agreement in application of Article L. 222-6, the Central Agency for Bodies

social security can at the same time conclude a financial agreement with the

legal person in charge of managing the retirement risk within the special regime.

The conclusion of this agreement conditions the entry into application of the first paragraph of

Article L. 222-6.

This agreement is subject to the approval of the ministers responsible for the pension plans.

social security concerned.

Section 1: Missions of the Central Agency of Bodies

social Security

Article L225-1-1

The Central Agency of Social Security Bodies is also responsible for:

1 ° To exercise a power of direction and control over the collection unions in

cash management;

2 ° To define its orientations in terms of control and collection of contributions and

social security contributions as well as coordinating and verifying their implementation

work by local organizations;

2 ° bis To coordinate its orientations in matters of contentious recovery of

social contributions and contributions due by employers and persons exercising

craft, industrial and commercial professions, in respect of their employees, with

those defined, in application of I of article L. 133-6-4, by the social

self-employed for their personal social contributions and contributions;

3 ° In the cases provided for by law, to directly collect contributions and

contributions; this recovery is carried out under the guarantees and penalties applicable to

contributions to the general scheme under Chapters II, III, IV and V of Title IV of Book I and

chapters III and IV of title IV of this book;

3 ° bis To ensure the homogeneous application of the laws and regulations relating to contributions

and social security contributions collected by collection agencies

referred to in Articles L. 213-1 and L. 752-4;

3 ° ter To authorize the said bodies to bring disputes before the Court of Cassation;

3 ° quater To harmonize the positions taken by collection agencies in

application of the provisions of Article L. 243-6-1;

3 ° quinquies To initiate and coordinate concerted actions of control and

collection carried out by collection agencies. The Central Agency for

social security organizations may require the participation of social security

recovery from these actions;

4 ° To receive, unless otherwise provided, the product of membership fees and contributions

collected by third parties. A decree in the Council of State sets the guarantees and sanctions

applicable in the matter; these guarantees and sanctions are not applicable to the State;

5 ° To centralize all operations, including operations on behalf of

third parties, unions for the recovery of social security contributions and contributions

family allowances, general social security funds, as well as unions and

federations of said bodies, and transfer the proceeds to the bodies of the

general scheme and to the National Social Insurance Fund for the Self-Employed, as well as

make the payment to all bodies designated for this purpose, in accordance with the

laws and regulations in force, as well as the stipulations

agreements taken by virtue of Articles L. 123-1 and L. 123-2 and approved by the

competent state;

5 ° bis To manage, on behalf of the social security schemes concerned, the distribution

taxes and duties mentioned in II of article L. 131-8;

6 ° To control the real estate operations of collection unions and the management of

their real estate assets.

Section 2: Organization and resources of the Central Agency for

social security organizations * ACOSS *

Article L225-2

The Central Agency of Social Security Bodies is a national public establishment

of an administrative nature. It enjoys legal personality and financial autonomy.

It is subject to the control of the competent authorities of the State.

Article L225-3

The Central Agency of Social Security Bodies is administered by a council

administration of thirty members including * composition *:

1 ° Thirteen representatives of the insured persons appointed by the trade unions of

nationally representative interprofessional employees;

2 ° Thirteen representatives of employers and self-employed workers at the rate of:

– ten employer representatives appointed by professional organizations

national representative employers;

– three representatives of self-employed workers appointed by the institutions or

professional organizations of self-employed workers representative in terms of

national;

3 ° Four persons qualified in the fields of activity of collection unions

and appointed by the competent state authority.

There are also three employee representatives elected in

conditions fixed by decree.

Article L225-4

Social security funds communicate all information to the central agency

necessary for the performance of the mission entrusted to it by article L. 225-1.

Article L225-6

The resources needed to finance the national administrative management fund for

the Central Agency of Social Security Bodies are levied each year on the

collections from the general social security scheme, under conditions set by

interministerial decree.

Chapter 5: Central Agency of Security Organizations

social.

Article R225-1

The board of directors of the central agency of social security bodies

comprises fifteen members, at the rate of:

1 °) five representatives of the national workers’ health insurance fund

employees ;

2 °) five representatives of the National Workers’ Old Age Insurance Fund

employees ;

3) five representatives of the national family allowances fund.

The representatives of each national fund are appointed by the council

directors among its members.

Nine of the fifteen members of the agency’s board of directors are chosen from among

social insurance administrators and six among employer administrators.

The distribution of seats between organizations representing social insurance

is carried out on the basis of the total votes obtained by these organizations at national level

during the elections to the boards of directors of the primary health insurance funds

and family allowance funds and according to the rule of proportional representation

at the strongest remainder.

If this distribution is not respected or if one or more of the organizations

representative national trade unions within the meaning of Article L. 133-2 of the Labor Code

are not represented, the minister responsible for social security invites advice

administration of the three national funds to proceed to a new deliberation.

According to the same rules, each council also designates an equal number of alternates

to that of the representatives holding the fund.

In the event that a director ceases to belong to the board of directors of the

national fund that he represents, he is immediately terminated and the fund

appoints a new administrator. The functions of this administrator end in

at the same time as those of the other directors of the agency.

Article R225-2

For the application of Article L. 225-3, the Minister responsible for social security and the

Minister responsible for agriculture are each represented at the central agency for

social security bodies by a government commissioner.

For the application of the same article, the minister responsible for the budget is represented by two

Government commissioners.

Government commissioners attend meetings of the board of directors and

are heard whenever they request it.

Article R225-3

The board of directors regulates through its deliberations the affairs of the agency either on

proposal of its president, its members, or the director, either on the initiative of the

Minister responsible for social security or the Minister responsible for the budget.

The board of directors establishes the agency’s internal regulations.

It takes the decisions necessary for the application of Article L. 225-1 and the texts adopted for

its execution.

It deliberates on matters for which its intervention is expressly provided for in

terms of decrees n ° 53-1227 of December 10, 1953 and n ° 62-1587 of December 29, 1962

and, in particular, on the budget and the annual accounts of the agency. It also deliberates on

the director’s annual report on administrative and financial operations.

The board of directors may appoint committees and delegate to them part of the

its powers under the same conditions as those defined in article R. 224-3.

Article R225-4

The board of directors of the central agency of social security bodies is

meets at least once every three months. It can be convened outside of meetings

normal by the president either on his own initiative or on the invitation of the minister responsible

social security or the minister responsible for the budget.

The director and the accountant attend meetings of the board of directors. Of them

representatives of the social security scheme for the self-employed, including the CEO or his

representative and a director appointed from among them by the board of directors of the

national fund, also attend the sessions, in an advisory capacity.

The board of directors can only validly deliberate if the majority of the members

having deliberative voice attend the meeting. Members of the board of directors do not

may be represented at the meetings.

However, they can delegate the vote to another member of the board.

administration. In this case, no member can receive more than one delegation.

Decisions are taken by majority vote.

Article R225-5

Within ten days of the meeting, the minutes of the deliberations of the board

administration are sent to the minister in charge of social security and to the minister

responsible for the budget.

In case of emergency, the minister responsible for social security may, after agreement with the

Minister in charge of the budget, aim for, for immediate execution, a deliberation which has been

communicated in application of article L. 226-4.

Article R225-6

The director of the central agency of social security bodies is appointed by

decree issued on the report of the minister responsible for social security and the minister responsible

of the budget [* competent authority *] after opinion of the chairman of the board of directors of

the body concerned. The director appoints, if necessary, one or more directors

delegates, deputy directors and assistant directors.

The revenue and expenditure operations of the central agency of the

social security are carried out by an accountant appointed by joint decree of the

Minister responsible for the budget and the Minister responsible for social security.

Article R225-7

The director ensures the functioning of the agency under the control of the council

administration. He executes the decisions of the board of directors. It may, the case

if necessary, receive delegation from it.

The director has sole authority over the staff, sets the organization of work in the departments

and ensures general discipline. Subject to legislative provisions and

regulatory authority giving jurisdiction to another authority, it takes all

individual concerning personnel management and the general discipline of the service.

The director submits each year to the board of directors the draft budget for

the agency.

The director is the revenue and expenditure authorizing officer.

The director may, under his responsibility, delegate his signature to one or more agents

to perform in its name either certain acts or all acts relating to certain of its

attributions.

Chapter 6: Provisions common to national funds and

at the central agency.

Article R226-1

For the application of Articles L. 151-1, L. 153-1, R. 151-1 and R. 153-1, the national fund

competent is:

1 °) the national health insurance fund for salaried workers [* CNAM *] for

decisions emanating from a primary or regional health insurance fund, excluding

of those taken with regard to the collection of contributions;

2 °) the national family allowances fund [* CNAF *] for decisions emanating from

a family allowances fund, excluding those taken for

collection of contributions;

3 °) the National old-age insurance fund for salaried workers [* CNAV *] for

decisions emanating from the regional pension insurance fund for salaried workers

of Strasbourg and for decisions emanating from the regional health insurance funds

concerning the exercise of the powers mentioned in articles R. 215-1 to R. 215-4, R.

222-1 and R. 222-2, R. 232-1, R. 251-23, R. 252-16 to R. 252-21 and R. 253-2;

4 °) the central agency of social security organizations [* ACOSS *] for decisions

from a collection union and for those relating to the collection of

contributions mentioned in 1 ° and 2 ° of the first paragraph of this article.

For the application of the provisions of Articles L. 151-1 and R. 151-1, the union of funds

national [* UCANSS *] is substituted for the national fund competent in matters

for which it has been delegated by the national funds under article L. 224-5.

When the decision which has been the subject of a suspension measure emanates either from a fund

general of the overseas departments, or of a union or federation grouping

organizations of different natures, the competent national fund is determined:

1 °) for the application of the second paragraph of article R. 151-1, taking into account the purpose of

provisions deemed to be infringed;

2 °) for the application of the fourth paragraph of the same article, taking into account the nature of the

risk involved.

Article R226-2

For the application of the provisions of the fourth paragraph of article R. 151-1, the fund

competent national body is referred to after further deliberation by the council or the council

administration of the body whose decision was suspended by the regional prefect.

Article R226-3

Control of national funds and the central agency of security organizations

social security provided for in Articles L. 221-2, L. 222-4, L. 223-2 and L. 225-2 is exercised by the Minister

in charge of social security and by the minister in charge of the budget.

Article R226-4

The opposition provided for in Article L. 224-10 is exercised by the Minister responsible for security

social or by the minister responsible for the budget.

The time limit provided for in the same article is set at twenty days from the communication of

deliberations.

Article R226-5

The contracts are awarded in the forms and conditions prescribed for the contracts of

the state.

Article R226-6

The national funds and the central agency of social security bodies are

required to provide the Minister responsible for social security, in the forms and conditions

fixed by the latter, the statistics concerning the social security schemes for which they

assume management.

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