Question 8393 — self-employed workers and self-employed

Summary

Article 15 of the social security financing law for 2018 abolishes on January 1, 2020 the social regime for the self-employed (RSI) which was created in 2006. Given the scale of the transformation, a two-year transitional phase, which began on January 1, 2018, is planned so that the various missions of the RSI are gradually taken over in management by the funds of the general regime to which is now entrusted the social protection of self-employed workers. The Social Protection Council for Self-Employed Workers (CPSTI) was created by the aforementioned article 15 to ensure, from January 1, 2019, the proper application of the legislation and the quality of the service provided to self-employed workers, determine the general guidelines relating to health and social assistance actions specific to them, and manage the complementary regime compulsory old age insurance, the death disability scheme and the related real estate assets, lead and finally control the action of regional authorities. The CPSTI thus becomes the governing body for questions on specific aspects of the social system for self-employed workers. The missions entrusted to the CPSTI are complementary to those carried out for independent workers by the regime's bodies. general. Therefore, it appears necessary that these specific prerogatives can be applied within a body specific to independent workers, whose operating costs will be reduced taking into account the limited missions of the CPSTI. In addition, during the transitional phase which extends from January 1, 2018 to December 31, 2019, in order to guarantee continuity of service to policyholders of the self-employed social system, the old funds of the social system for the self-employed, renamed into delegated funds for the social security of the self-employed, are maintained, in parallel with the establishment of the CPSTI. However, these entities exercise different skills. In order to avoid an increase in costs linked to the governance of the social system for self-employed workers, and to promote an efficient and relevant organization, 3° of XVI of article 15 of the Law No. 2017-1836 of December 30, 2017 on the financing of social security for 2018 provides that the members sitting in the general assembly of the CPSTI or its regional bodies exercise respectively, simultaneously, the mandate of member of the council of the national fund delegated for the social security of self-employed workers and of the local funds delegated for the social security of self-employed workers located within the geographical jurisdiction of each regional authority. In the same way, Decree No. 2018-174 of March 9, 2018 relating to the implementation of the reform of the social protection of self-employed workers provided for by article 15 of the social security financing law for 2018, in its transitional provisions, provides for harmonizing the number of seats in the board of directors of the national fund delegated for social security of self-employed workers and those of local funds delegated on the number of seats respectively within the general assembly and regional bodies of the CPSTI. In addition, these delegated funds are intended to disappear following the implementation of the reform, on December 31, 2019.

Machine translation from French. The official text remains authoritative.

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