Section 3a: Departmental Mobilisation Fund for Integration

A departmental mobilisation fund for integration is established in the form of a levy on State revenue and benefits the departments, the territorial authority of Martinique, and the authorities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon. It is endowed with €500 million per year.

As of 1 January 2019, the territorial collectivity of French Guiana and the Department of Mayotte and, as of 1 January 2020, the Department of Reunion, are no longer eligible for the fund mentioned in the first paragraph. The amount of the fund is reduced by the total amount of credits allocated under this fund in 2018 to the territorial collectivity of French Guyana and the Department of Mayotte and in 2019 to the Department of Reunion. The départements participating, pursuant to article 43 of law no. 2021-1900 of 30 December 2021 on finance for 2022, in the experiment relating to the recentralisation of the solidarity income mentioned in article L. 262-2 of the code of social action and families are no longer eligible for the fund mentioned in the first paragraph of this article from 1st January 2022 or from 1st January of the year of the experimental transfer, for the duration of the experiment. The amount of the fund is reduced by the total amount of credits allocated to the départements under this fund in the year preceding the experimental transfer.

I. - This fund is made up of three parts:

1° A first part of 40% for compensation;

2° A second part of 30% for equalisation;

3° A third part of 30% for integration.

II. - The appropriations from the first share are distributed between the départements, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon for which a positive difference is noted between the expenditure incurred by the département or collectivity in respect of the year preceding the year for which the payment is made and the right to compensation resulting for this département or collectivity from the transfers and creation of competencies resulting from law no. 2003-1200 of 18 December 2003 decentralising the minimum integration income and creating a minimum activity income, Law no. 2008-1249 of 1 December 2008 generalising the active solidarity income and reforming integration policies and Order no. 2010-686 of 24 June 2010 extending and adapting the loi n° 2008-1249 du 1er décembre 2008 généralisant le revenu de solidarité active et réformant les politiques d'insertion, au prorata du rapport entre l'écart positif constaté pour chaque département ou collectivité et la somme de ces écarts positifs.

III. - The appropriations for the second share are distributed under the conditions specified by this III between the departments of mainland France after deduction of the sums required for the share intended for the department of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon.

This share is calculated by applying to the total amount of the second share the ratio between the number of recipients of the active solidarity income mentioned in l'article L. 262-1 of the Social Action and Family Code, applicable to the household in the department of Guadeloupe, the territorial collectivity of Martinique, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon and the total number of beneficiaries, recorded at 31 December of the year preceding the year in respect of which the payment is made. The appropriations for this share are distributed between the department of Guadeloupe, the territorial authority of Martinique and the authorities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon for which a positive difference is noted between the expenditure incurred by the department or authority in respect of the year preceding the year for which the payment is made and the right to compensation resulting for this department or authority from the transfer and creation of powers resulting from law no. 2003-1200 of 18 December 2003 and law no. 2008-1249 of 1 December 2008, the aforementioned Order no. 2010-686 of 24 June 2010, in proportion to the ratio between the positive difference recorded for each department or collectivity and the sum of these positive differences.

The balance of the second part is distributed among the départements of mainland France in proportion to the ratio between the positive difference recorded between the expenditure incurred by each département in respect of the year preceding the year for which the payment is made and the right to compensation resulting for this département from the transfers of powers resulting from the aforementioned Law no. 2003-1200 of 18 December 2003 and Law no. 2008-1249 of 1 December 2008, multiplied by a synthetic index of resources and charges, on the one hand, and the sum of these positive differences weighted by this index, on the other.

The synthetic index of resources and charges mentioned in the previous paragraph is made up of the sum of:

1° 25% of the ratio recorded in the year preceding the year in respect of which the payment is made between the per capita financial potential of all the départements in metropolitan France and the per capita financial potential of the département as defined in article L. 3334-6 ;

2° 75% of the ratio between the proportion of the total number of beneficiaries of the active solidarity income mentioned in Article L. 262-1 of the Social Action and Family Code in the department, in the population defined in Article L. 3334-2, and this same proportion recorded for all departments in mainland France. The total number of beneficiaries is recorded by the Minister for Social Action on 31 December of the year preceding the year for which the payment is made.

IV. - The appropriations for the third share are distributed between the départements under the conditions specified by this IV, after deduction of the sums required for the share intended for the département of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon.

The amount of this share is equal to the cumulative amount of credits allocated under the distribution of the third share to the department of Guadeloupe, the territorial collectivity of Martinique and each of the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon in the year preceding the year in respect of which the payment is made.

The share intended for the department of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon and the balance of the third share intended for the departments of mainland France are each divided between three envelopes in accordance with the following table:

YEAR	2017	2018	2019	2020	2021	2022	2023 and subsequent years
Envelope allocated under the active solidarity income	35%	35%	35%	35%	35%	35%	35%
Allocation for subsidised employment contracts	55%	45%	35%	25%	15%	5%	0%
Envelope allocated for subsidised employment contracts co-financed by the départements	10%	20%	30%	40%	50%	60%	65%

1. The share intended for the department of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon is distributed according to the following criteria:

a) The envelope allocated for the active solidarity income mentioned in article L. 262-1 of the code de l'action sociale et des familles is divided between the department of Guadeloupe, the territorial authority of Martinique and the authorities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon in proportion to the ratio recorded in the year preceding the year in respect of which the payment is made between the amount of expenditure on allocations under the revenu de solidarité active in the department and the amount of expenditure on allocations under the revenu de solidarité active in the department of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon ;

b) The budget allocated for assisted employment contracts is divided between the department of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon in proportion to the ratio between the average, recorded in the department of Guadeloupe and the territorial collectivity of Martinique and in each of the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon at the end of the four quarters of the year preceding the year in respect of which the payment is made, of the total number of fixed-term contracts referred to in Articles L. 5132-5, L. 5132-11-1 et L. 5132-15-1 of the Labour Code, employment support contracts mentioned in article L. 5134-20 of the same code, initiative-employment contracts mentioned in article L. 5134-65 of the same code and the future employment contracts mentioned in Article L. 5134-112 of the same code, concluded in favour of beneficiaries of the active solidarity income mentioned in article L. 262-1 of the Social Action and Family Code applicable to the household and the average of the total number of these contracts recorded on these same dates for all the départements mentioned in article L. 3441-1, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon. The numbers of contracts are recorded by the Minister for Employment;

c) The budget allocated for assisted employment contracts mentioned in Articles L. 5132-5, L. 5132-11-1, L. 5132-15-1, L. 5134-20, L. 5134-65, L. 5134-112 of the Labour Code, co-financed by the départements, is divided between the département of Guadeloupe, the territorial collectivity of Martinique and the collectivities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon in accordance with procedures laid down by decree.

2. The balance of the third share intended for the départements of mainland France is distributed according to the following criteria:

a) The budget allocated for the active solidarity income mentioned in article L. 262-1 of the Code de l'Action Sociale et des Familles (Social Action and Family Code) is divided between the départements of mainland France in proportion to the ratio, recorded in the year preceding the year in respect of which the payment is made, between the amount of expenditure on allocations under the revenu de solidarité active (active solidarity income) in the département and the amount of expenditure on allocations under the revenu de solidarité active (active solidarity income) in all the départements of mainland France ;

b) The budget allocated for subsidised employment contracts is divided between the départements of mainland France in proportion to the ratio between the average, recorded in each département of mainland France at the end of the four quarters of the year preceding the year in respect of which the payment is made, of the number of fixed-term contracts mentioned in articles L. 5132-5, L. 5132-11-1 and L. 5132-15-1 of the French Labour Code, the employment support contracts referred to in Article L. 5134-20 of the same code, the initiative-employment contracts referred to in Article L. 5134-65 of the said code and the jobs for the future referred to in Article L. 5134-112 of the same code, concluded in favour of beneficiaries of the active solidarity income mentioned in article L. 262-1 of the social action and family code applicable to the household and the average of the total number of these contracts recorded on these same dates for all the départements in mainland France. The numbers of contracts are recorded by the Minister for Employment;

c) The budget allocated for the assisted employment contracts mentioned in Articles L. 5132-5, L. 5132-11-1, L. 5132-15-1, L. 5134-20, L. 5134-65, L. 5134-112 of the Labour Code, co-financed by the départements, is distributed between the départements of mainland France according to the terms set by decree.

V. - When a positive difference is noted between the sum of the allocation calculated under the conditions provided for in II to IV and the compensation resulting, for the department or local authority, from the transfers and creation of competences resulting from law no. 2003-1200 of 18 December 2003, Law no. 2008-1249 of 1 December 2008 and Order no. 2010-686 of 24 June 2010 cited above, and the expenditure incurred by the department or local authority in respect of the year preceding the year for which the payment is made, the amount of the allocation is capped.

To this end, the amount of the allocation calculated under the conditions set out in II to IV is reduced by the amount of the positive difference defined in the first paragraph of this V, up to the amount of the allocation.

Departments or local authorities for which there is a negative difference between, on the one hand, the sum of the allocation calculated under the conditions provided for in II to IV and the compensation resulting from the transfer and creation of competencies resulting from Law no. 2003-1200 of 18 December 2003, Law no. 2008-1249 of 1 December 2008 and Order no. 2010-686 of 24 June 2010 mentioned above, and, on the other hand, the expenditure incurred in respect of the year preceding the year for which the payment is made.

The sums deducted are distributed among the eligible departments and local authorities in proportion to the ratio between the negative difference mentioned in the penultimate paragraph and the sum of these same differences for all departments and local authorities.

VI. - Any adjustments to be made to the amount of one or more of the shares provided for in II to IV, allocated to one or more departments or local authorities in respect of a previous financial year, shall be made when the data taken into account to allocate the appropriations for that financial year are subsequently rectified, in particular in application of a court decision that has become final.

The sums required for these adjustments are deducted from the appropriations for the current financial year allocated to the portions to which these adjustments relate, before they are distributed among the beneficiary departments and local authorities.

The sums required for the adjustments are deducted from the appropriations for the current financial year allocated to the portions to which these adjustments relate, before they are distributed among the beneficiary departments and local authorities.