Key Benefits:
The President of the Republic,
On the report of the Prime Minister, the Minister of Defence, the Minister of State, the Minister for the Interior and Spatial Planning, Minister of Economy, Finance and Industry, Minister of Health and Solidarity and the Minister of the Public Service,
In light of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Judiciary ;
Given the code of the national service, in particular Article L. 63;
Law No. 83-634 of 13 July 1983 amending the rights and obligations of civil servants, together Act No. 84-16 of 11 January 1984, as amended Statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 as amended laying down statutory provisions relating to the territorial civil service and Act No. 86-33 of 9 January 1986, as amended Statutory provisions relating to the hospital public service;
Having regard to Act No. 2005-270 of 24 March 2005 on the general status of members of the military, in particular Articles 61 and 64;
Having regard to Decree No 92-1194 of 4 November 1992 laying down the provisions Applicable to civil servants trainees in the territorial civil service, as amended by Decree No 2003-161 of 25 February 2003;
Having regard to Decree No 94-874 of 7 October 1994 laying down the common provisions applicable to trainees of The State and its public establishments, as amended by Decrees 2003-67 of 20 January 2003, No 2003-1307 of 26 December 2003 and No 2005-978 of 10 August 2005;
In the light of Decree No. 97-487 of 12 May 1997 laying down the common provisions applicable to Trainee agents of the hospital public service, as amended by Decrees No. 2002-974 of 20 February 2002, No. 2003-159 of 25 February 2003 and No. 2004-1063 of 1 October 2004;
In the opinion of the Committee on the Statute of the Higher Council of the Public Service of the State as of July 20, 2005;
In view of the opinion of the Senior Council of the Territorial Civil Service dated 6 July 2005;
In the opinion of the Higher Council of the Hospital Public Service dated 8 July 2005;
In view of the opinion of the Military Service Board of Governors as of June 3, 2005;
The Conseil d' Etat (Finance Section) heard,
Describes:
A member who is a winner of a competition for access to one of the civil civil service or the judiciary that meets the conditions Laid down by Article 61 of the abovementioned Act of 24 March 2005 shall carry out the probationary period or the period of prior training in the position of secondment.
During the secondment, pursuant to Article 64 of the Act of 24 March 2005, the member shall receive from the host administration the gross unspeakable treatment, the residence and family allowances and, where applicable, the bonuses and allowances attached to the new employment. In the event that the remuneration received by the member in his new employment is less than that which he would have received had he remained in the position of activity in the armed forces, the member shall receive compensation from the Ministry of Defence Compensation equal to the difference between, on the one hand, gross unspeakable treatment, residence and family allowances, and, where applicable, the premiums and allowances attached to the new employment, and, on the other hand, the index balance Gross, the residence allowance, the family pay supplement, the military expenses allowance and the allowances and allowances related to the qualification that he would have received had he remained in the position of activity.
At the end of the internship or Period of training, the member shall be held in accordance with the conditions laid down by the special status of the host body, or maintained in the armed forces.
If he is confirmed, he shall be removed from the frames or deleted from the control of
For the member serving under a contract, the contract is extended for the duration of the secondment.
The winner of a contest that does not meet the conditions laid down in Article 61 of the Act of 24 March 2005 to obtain a secondment shall be removed from the Checks of the active army on the date of his appointment as a student or trainee official
I. -The statutory provisions of the host body or framework remain applicable when they establish For the member of the classification rules more favorable than those set out in this chapter.
II. -Where the classification is a function of the duration of the military service, the duration taken into account for the partial resumption of service seniority shall be understood as the actual duration of the services, other than those achieved where appropriate in quality Called. The actual duration of national service performed as called for shall be taken into account for its entirety in accordance with Article L. 63 of the National Service
. -Where the member is classified at a level leading to a lower salary than he previously received, he shall retain in his personal capacity the benefit of his earlier treatment up to the day on which he receives at least equal treatment In the new body or framework of employment, within the limit of the treatment corresponding to the highest echelon of this body or framework of employment.
A member named in a category C or equivalent occupational group or framework is classified by taking into account the actual duration of military service, three quarters of that duration.
A member named in a category B or equivalent occupational body or framework is classified as follows :
1 ° An officer and a non-commissioned officer shall be classified at the level with an equal or default index greater than that which they held as a member. Within the limit of the average duration, or maximum for the territorial civil service, fixed for each step advancement by the special status of the host body or framework, they shall retain the seniority acquired in their Previous rank where the increase in salary resulting from their appointment is less than that which would result from a step-up in their old situation, or to that which resulted from their rise at the level audit if it were The last of their previous rank.
2 ° The non-commissioned member shall see his effective period of military service taken into account for the eight twelfths up to twelve years and seven twelfths beyond twelve years.
A member named in a category A or equivalent occupational body or framework is classified as follows:
1 ° The officer is Rank at the level with an equal or default index that is immediately greater than that which it held as a member. Within the limit of the average duration, or maximum for the territorial civil service, fixed for each step advancement by the special status of the host body or framework, it shall retain the seniority of the level acquired in its previous Where the increase in salary resulting from his appointment is less than that which would result from a step-up in his former situation, or that which resulted from his elevation audit step if he was the last of Its previous rank.
2 ° The NCO is classified by taking into account the effective duration of military services under the following conditions:
a) The first four years are not taken into account;
b) The fraction between Four and ten years is taken into account by two-thirds;
(c) The duration of services exceeding ten years is taken into account by three quarters.
3 ° The non-commissioned member is classified, applying the rules laid down at 2 ° to the fraction of the Services which would have been taken into account, pursuant to Article 5, for classification in a category B body or framework.
For the purposes of Article 4, 2 ° of Article 5 and 2 ° and 3 ° of Article 6, classification at the substantive level shall be made in the starting grade at the level which the person concerned has attained, having regard to The seniority thus taken, on the basis of the average or maximum durations for the territorial civil service, fixed for each step advancement by the special status of the host body or framework.
The Prime Minister, the Minister of State, Minister of Interior and Spatial Planning, the Minister of Defence, the Minister of the Economy, Finance and Industry, the Minister of Health and Solidarity, the Minister of Public Service and the Minister Delegate to the Budget and State Reform, Government Spokesperson, shall each be responsible for The execution of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, January 4, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Defence,
Michèle Alliot-Marie
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of Economics,
Finance and Industry,
Thierry Breton
Minister of Health and Solidarity,
Xavier Bertrand
The Minister of the Public Service,
Christian Jacob
The Minister Delegate to the
budget and state reform,
Government Spokesperson,
Jean-François Copé
