Notwithstanding article L. 311-1 of the General Civil Service Code and article L. 6143-7-2 of this Code, hospital civil servants managing the establishments mentioned in article L. 5 of the General Civil Service Code may be seconded on a public law contract by the Director General of the National Management Centre, for a limited period of time, in order to re-establish the proper functioning of one of these establishments.
These provisions do not apply to establishments placed under provisional administration in application of article L. 6143-3-1 or to university hospital centres.
The proposal for secondment and the signature of the contract are the responsibility of, as appropriate:
1° The director general of the regional health agency for the establishments mentioned in 1°, 3° and 5° of article L. 5 of the general civil service code;
2° The representative of the State in the department for the establishments mentioned in 4° and 6° of the same article.
Management posts filled under the terms of this article are pensionable under the Caisse Nationale de Retraite des Agents des Collectivités Locales, with pension deductions being made on the basis of a salary index. These same posts also give entitlement to contributions to the compulsory additional public pension scheme. Employees appointed to these posts are granted accommodation on an absolute service requirement basis under the conditions set out in article L. 721-5 of the General Civil Service Code.