In line with the conclusions of the “Ségur de la Santé”, a decree of February 10taken for the application of thearticle 42 of law n° 2021-1754 financing of social security for 2022, extends the scope of the supplementary salary index, initially provided for by thearticle 48 of the social security financing law for 2021to new categories of professionals and establishments, social and medico-social services.
This concerns in particular all territorial civil servants exercising their functions within establishments managed or created by territorial communities or their groupings. As a reminder, this additional index treatment, described in the decree of September 19, 2020does not apply to persons who exercise the profession of doctor, dental surgeon or pharmacist, but to non-medical public officials who are tenured and contractual.
Agents and establishments concerned
An additional index salary is introduced for civil servants exercising their functions within the following establishments created or managed by local authorities or their groupings:
- accommodation establishments for dependent elderly people mentioned in 6° of I of Article L. 312-1 of the Code of Social Action and Familiesincluding professionals working in day care without accommodation;
- establishments and services of an experimental nature mentioned in 12° of the same I which accommodate dependent elderly people and which fall within the expenditure target mentioned in I of thearticle L.314-3 of the same code.
An indemnity equivalent to the additional index salary is also paid to contract employees of the territorial public service performing their duties in these establishments. Its amount is equivalent to that of the supplementary salary, after deduction of employee contributions and social security contributions.
According to thearticle 7 of this decreethe additional salary index is also paid to territorial civil servants exercising functions similar to those of nursing assistant, nurse, health executive in the nursing sector and the rehabilitation sector, physiotherapist masseur, podiatrist pedicure , speech therapist, orthoptist, occupational therapist, audioprosthetist, psychomotrician, midwife, childcare assistant, dietician, medical psychological assistant, social life assistant or companion educational and social, and in the same categories of establishments as those listed in the new article 1-1 of the decree of September 19, 2020 relating to the payment of additional indexed salary to certain public officials:
- the home nursing services mentioned in 6° and 7° of I of Article L. 312-1 of the Code of Social Action and Families ;
- the establishments and services mentioned in 2°, 3°, 5° and 7° of the same I as well as establishments and services welcoming people with disabilities mentioned in 12° of this I, which fall under the expenditure objective mentioned in I of article L. 314-3 of the same code;
- the establishments and services mentioned in 9° of I of Article L. 312-1 of the same code;
- establishments organizing day care without accommodation under the conditions provided for in the last paragraph of the same I;
- the establishments mentioned in III of article L. 313-12 of the same code receiving a care package mentioned in IV of the same article.
An indemnity equivalent to the additional index salary is also paid to territorial contract staff performing similar functions in these establishments. Here too, its amount is equivalent to that of the supplementary salary, after deduction of employee contributions and social security contributions.
The amounts
Details of the amounts are given inarticle 8 of the decree of February 10.
Without change, for civil servants carrying out their activity in accommodation establishments for dependent elderly people, the amount of the supplementary salary is fixed as follows:
- 24 index points increased on September 1, 2020;
- 49 index points increased on December 1, 2020 (183 euros net per month).
For those working in establishments and services of an experimental nature:
- 49 index points increased on June 1, 2021 (183 euros net per month).
For territorial civil servants exercising functions similar to those mentioned in article 1-1 and in the same categories of establishments as those listed in this same article (caregiver, nurse, health executive in the nursing sector and the rehabilitation sector, physiotherapist masseur, etc.):
- 49 index points increased on October 1, 2021 (183 euros net per month).
The gross amount of the indemnity equivalent to the index salary supplement paid to contractual staff is defined by reference to the value of the index point. He follows his evolution.
Funding
The question of the financing of the extension of this indemnity arose during the examination of the draft decree by the National Council for the Evaluation of Standards, which gave a favorable opinion during its meeting of January 13. “The rapporteur ministry specifies that the implementation of this system will be neutral for the finances of local authorities, whether as employers or funders. Its financing for the establishments concerned, falling within the scope of Article 42 of the Social Security Financing Act, will be provided through Health Insurance credits within the framework of the National Expenditure Objective. health insurance (Ondam). »
The elected members of the CNEN also feared having to bring forward the payment of the additional index salary, with the risk of reimbursement in manifestly disproportionate delays. We can read in the deliberation of the CNEN that “the rapporteur ministry underlines that the local authorities will not have (…) to make advances for these establishments”.
The Ministry of Solidarity and Health also indicated during this meeting that a second draft decree was being drawn up at the same time concerning the establishments mentioned inarticle 43 of the social security financing law for 2022 which are, in turn, funded by the departments. This project will specify the terms of compensation.
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