Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity and the Minister of Economy, Finance and Industry,
Vu The Social Security Code, in particular Articles L. 711-1 and R. 711-1;
In view of Title IV of the Book I of the Monetary and Financial Code;
In light of the amended Decree No. 68-300 of 29 March 1968 on the pension scheme of the agents holding the Banque de France;
Due to the deliberation of the General Council of the Banque de France as of 19 January 2007,
Décrète:
The pension plan for the holders of the Banque de France is set as from 1 April 2007 by the regulation annexed to this Decree.
Agents may request, within one month of the publication of this Decree, to liquidate their retirement pension before reaching the age limit of Their category, under the conditions laid down in the provisions of the Regulation annexed to the aforementioned decree of 29 March 1968. In this case, the liquidation of the pension shall take place no later than the first day of the fourth month following the request notwithstanding the provisions of Article 29 of that Regulation.
The Minister of Economy, Finance and Industry and the Minister of Health and Solidarity are responsible, each as far as it is concerned, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Pension Plan for Incumbent Agents
of the Bank De France
Article 1
In accordance with Article 23 of the Decree of 16 January 1808, the Banque de France holds a pension fund known as " Bank of France Employees Reserve Fund " And is intended to serve the retirement pensions of the incumbent agents.
Article 2
The reserve fund shall affect the payment of pensions:
1 ° Income from its existing portfolio as of the date of entry into force of this Regulation and of the gifts and bequests that it may receive Later;
2 ° The income from the investment of contributions deducted from the pensionable remuneration, as defined in Article 3, of all the incumbent agents and the sums received in respect of redemptions of rights;
3 Contribution Annual payment by the Bank and sufficient to supplement the amount of pensions to be used for the resources referred to in paragraphs 1 ° and 2 ° above.
Article 3
A contribution of 7.85 % is retained on the Nominal salary, special allowances, balance sheet premium, uniform complement and productivity bonus paid to agents; these amounts represent the contributory remuneration of agents.
Article 4
The capital constituted by the portfolio of the reserve fund existing as of October 1, 1950, and by the proceeds of donations and bequests that the credit union has received since that date, or may receive cannot be the subject of any Levy to provide pension service.
However, in the event that the Bank's operating expenses are, at the end of a fiscal year, greater than revenue, the General Council may, within the limits of that measure Would be required, decide to allow the reserve fund to cover part of the pension payment for that fiscal year:
-either through the deduction of 7.85 % on the remuneration paid during the fiscal year; or
-or Even by taking deductions from previous years capitalised, since 1 October 1950, to form a reserve separate from that referred to in the first paragraph of this Article.
Article 5
Reserve fund funds are used in securities listed on a periodic basis by the General Council of the Bank.
Article 6
Pensions are granted on a Special report and in execution of a deliberation of the General Council finding that the pension rights have been verified or, by the Governor, by delegation of the General Council
Article 7
The right to pension is vested in the right holders who have at least 15 years of effective service.
There is no requirement for length of service, however:
-for agents who cease their activity as a result of a disability resulting from or not resulting from the performance of their duties at the Bank;
-en The payment of a pension to a successor in accordance with the conditions set out in Title VI of this Regulation if the death of the agent occurred while in operation.
Article 8
Periods Of effective services are:
-the periods during which the agent received remuneration from the holder of the Banque de France; the periods during which the agent was authorised to perform a part-time service are counted For all of their duration;
-time spent on secondment;
-time spent on national service, within the limit of the legal duration of the compulsory active national service;
-time spent on volunteering Under the conditions laid down in Articles L. 122-1 et seq. Of the code of the national service;
-periods of mobilization and captivity, as well as periods during which the interested parties were engaged in time of War, deportees or resistant or political internees.
Can also be taken into account:
-traineeships and service time in the permanent auxiliary framework at the Banque de France, if these periods have given rise to the Recall provided for in Article 19;
-the services performed in contract quality at the Banque de France, if the validation of these services has been authorised by a regulation of the Governor and if requested in the two years that Follows the substantive date. The period of time available to the officer to accept or reject the validation notification is one year.
Cannot be taken into account for military services whose duration is taken into account for the calculation of another civil or civil retirement pension or Military.
Article 9
Time spent in a statutory position that does not include the performance of effective services cannot be entered into the right to pension except within the limit Three years per child born or adopted from 1 April 2007, provided that the holder of the pension has received parental leave of education, parental leave or availability to raise a child under eight years of age Granted by the Bank.
Article 10
Services taken into account in the winding-up of the pension are the services listed in Articles 7 and 8, the periods of part-time service being Deductions, subject to the provisions of Article 11, for the fraction of their duration equal to that which defines the authorized work plan.
Time spent on secondment may be taken into account only if it has given rise to the recall referred to in Articles 19 and 20.
Article 11
By way of derogation from the provisions of Article 10, periods of working part-time as of 1 April 2007 may be counted as Periods of full-time work, subject to the payment of a deduction for pension, the rate of which is applied to the pensionable remuneration of an officer of the same rank, step and index working at full
. Section 72, this account may not have the effect of increasing the duration of the services referred to in section 31 of more than six quarters.
The rate of the deduction is equal to the amount:
1 ° From the contribution rate to the agents Provided in section 3, multiplied by the time worked by the agent;
2 ° of a rate fixed under the following conditions multiplied by the unworked time of the agent.
This rate is equal to 80 % of the sum of the Contribution referred to in 1 ° above and a representative rate of the employer contribution, equal to that held by decree pursuant to Article L. 11a of the Civil and Military Pension Code.
Article 12
Subject to the interruption of their activity at the Banque de France under the conditions laid down in I and II of Article 13, the agents are entitled, for the liquidation of the pension, to an enhancement of One year service for each of their children born before 1 April 2007, for each of their children whose adoption is prior to 1 April 2007 and, provided that they have been raised for at least nine years before their twenty-first Birthday, for each of the other children listed in Article 35 whose care has commenced prior to 1 April 2007.
The bonus provided for in the preceding paragraph shall also be granted to female officers who have given birth in the course of Their years of study, prior to their recruitment to the Banque de France, provided that this recruitment occurred within two years of obtaining the diploma required to enter the competition or examination, without being able to An interruption of activity condition.
Article 13
I. The interruption of activity provided for in Article 12 must in all cases have lasted at least two months at least.
II. -Are taken into account for the calculation of the duration of interruption of activity the periods corresponding to an interruption of actual service, which occurred in the framework:
a) From maternity leave;
b) Adoption leave;
(c) Leave of absence Paternity leave;
d) Parental leave of education;
e) Parental leave;
f) Availability to raise a child under the age of eight.
Article 14
Rights for Termination of retirement shall also include periods of payment of the tuberculosis care allowance defined in Article L. 161-21 of the Social Security Code and subject to the rules of coordination
Account within the 9-year limit and subject to:
-prior to the winding-up of the pension;
-that they succeed in periods of affiliation to an old-age or retirement insurance plan or to periods covered by Article L. 161-19 of the Social Security Code;
-that they are not remunerated for any other title in that pension or in any way in any other pension.
The pensions of pensioners and their successors in title are Revised, upon request of the persons concerned, to take into account the periods of the payment of the tuberculosis care allowance under the conditions set out above.
Article 15
Insurance time Total the duration of the actual and eligible services in liquidation provided for in the preceding Articles, plus, where applicable, the period of insurance and equivalent recognised periods validated in one or more other schemes of Compulsory basic retirement.
For the calculation of the term of insurance, a calendar year shall not exceed four quarters, subject to the subsidies referred to in Article 12 and the increments of that period provided for in Article 14 and 16.
The corresponding number of quarters is rounded to the top integer.
Article 16
For each of their children born as of April 1, 2007, the female agents who gave birth After their recruitment has been granted an increase in insurance period fixed to two quarters.
This increase in insurance period cannot be combined with the period of insurance taken into account under Article 9 when the insurance period Is greater than or equal to six months.
Article 17
Agents raising in their homes a child under the age of 20 with a disability equal to or greater than 80 % benefit from an increase in Their period of insurance for one quarter per 30-month period of education, within four quarters.
The child's disability is assessed in the forms provided for in section 42 below.
Article 18
The periods of study completed in the institutions, schools and classes referred to in article L. 381-4 of the Social Security Code are likely to be taken into account:
-either for the duration of the services Retained for the liquidation of the rights and the duration of the insurance period;
-either for the duration of the insurance period only;
-or to obtain a liquidation supplement without the surcharge being taken into account This
may cover not more than twelve quarters, subject to graduation and the payment of the necessary contributions according to the scale and the terms of payment defined by decree in the Council of State for the State officials. The scale applies to the agent's pensionable remuneration at the time of application.
Periods of study that have obtained an equivalent degree from a Member State of the European Union can also be taken into account.
Admission to large schools and classes of the second level preparatory to these schools is equivalent to obtaining a diploma.
These quarters must not have resulted in an affiliation to a compulsory basic pension plan.
Article 19
A condition to pay to the reserve fund the contributions set out in Article 20 below, the holders of the Banque de France have the right to obtain, on their request, the reminder For the determination of the number of annuities for retirement:
1 ° of their probationary periods and service time in the permanent auxiliary framework at the Banque de France;
2 ° Time spent on standby without pay For the exercise of a parliamentary term of office;
3 ° From time spent on secondment;
4 ° Time spent in a non-managerial position if they were not entitled to a pension under the pension scheme to which they were affiliated during the non-executive position. Frames;
5 ° From time spent on legal training leave without processing.
The years thus recalled are considered effective services.
Article 20
To get authorized callbacks By Article 19, the agents concerned shall pay to the reserve fund employees, for the duration to be recalled, the contributions calculated under the following conditions:
1 ° For the recall of traineeships or periods of service Carried out in the permanent auxiliary framework, applying to the initial contributory remuneration of the category in which they have been granted the rate set out in Article 3;
2 ° For the recall of time spent on secondment during the five years The first years of their secondment, by applying to the pensionable remuneration that they would have received if they had remained in their full-time position the rate set out in section 3;
3 ° For the recall of time spent on legal training leave, Applying to the pensionable remuneration that they would have received if they had remained in their full-time position at the rate set out in item 3; and
4 ° For the recall of time spent in non-executive positions, by applying to contributory remuneration To the full time position to which they are reintegrated at the rate set out in the last paragraph of Article 11;
5 ° For the recall of time spent on standby without pay for the exercise of a parliamentary mandate and the time spent in service Posted beyond the first five years of the secondment, by applying to the pensionable remuneration that they would have received if they had remained at their full time position the rate set out in the last paragraph of section 11
Added to the amount of the contributions determined as described above, except in the case provided for in section 21 below.
Section 21
To obtain the recalls referred to in section 19, the Interested agents must apply to the Governor within one year of the date of their tenure. The payment of contributions provided for in section 19 may be staggered over as many years as is included in the recall.
If the payment is made in full within twelve months of the date of commencement of the loan, it is not In
contrary case, it shall be increased by interest for late payment on securities of the Banque de France as from the end of the 12-month period.
To obtain the reminders referred to in 4 ° Section 19, interested agents must make an application to the Governor within three months of reinstatement.
Section 22
Where due payments have not been made In full on the date of the admission to retirement of the official concerned, the sums remaining due shall be taken from the arrears of the pension, without that deduction, from the living of the pensioner, may reduce the arrears of more than one Fifth.
Article 23
When the interested agent dies before making all of the payments payable, the duration of the services requested by the officer nevertheless counts for the All in the calculation of the pension rights of his or her spouse and orphans; the balance shall be deducted from the arrears of their pension, without such levy being able to reduce these arrears by more than one fifth
Is not required when the recall does not cause any change in the pension amount.
Article 24
Incumbent agents who are in the absence position and who wish to benefit from the Provisions of 2 ° and 3 ° of Article 19 shall, for the duration of their absence, pay the contributions provided for in Article 20. Failure to make a payment before the end of the period of absence shall constitute an obstacle to the recall of the relevant period.
The officers who are reinstated after a non-executive position and who wish to benefit from Article 19 must pay the Contributions provided for in 4 ° of Article 20.
Article 25
In the case of reduced salary due to sick leave, maternity leave, adoption or measurement leave Officers shall pay the same deductions to the reserve fund as if they had continued to receive their full salary and the corresponding time is not considered an absence.
Article 26
Pension liquidation occurs:
a) When the officer is admitted to retirement by age limit, or has reached, on the date of admission to retirement:
-at least the age of sixty years;
-or at least the age of fifty-five years if he or she belongs to one of the categories Nomenclature shall be fixed by the General Council approved by the Ministry of Economy and Finance;
(b) When the agent is admitted to retirement following a disability;
(c) When the agent ceases to be Functions:
-is the parent of three children who are alive or deceased by war or a living child who is over one year of age and has a disability equal to or greater than 80 %, provided that they have, for each child, suspended their activity in The conditions laid down in Article 27. The invalidity of the child shall be assessed in the forms provided for in Article 42.
The children referred to in the preceding paragraph shall be treated as children referred to in Article 35 of the Article 35 which the agent has raised under the conditions laid down in Article 35 ; or
-or warrants that the spouse is suffering from an infirmity or an incurable disease placing him or her in any profession; such incapacity is assessed in the forms provided for in Article 42;
(d) On request Of the agent from the age of sixty years, or fifty-five years if it belongs to one of the categories whose nomenclature is fixed in accordance with the provisions of paragraph a above, where, apart from the cases provided for in paragraphs b and C, the cessation of activity occurs before the said ages.
Article 27
The interruption of activity provided for in the second paragraph of Article 26 shall have a continuous period of at least two Months in the context of maternity leave, paternity leave, adoption leave, parental leave of education, parental leave or availability to raise a child under the age of eight.
This interruption of activity Must have occurred during the period between the first day of the fourth week preceding the birth or the adoption and the last day of the sixteenth week following the birth or adoption.
Notwithstanding the provisions of The preceding paragraph, for the children listed in the fourth, fifth, sixth and seventh paragraphs of Article 35, that the person concerned has raised under the conditions laid down in the eighth paragraph of that article, the interruption of activity must take place either Before their sixteenth birthday, before the age at which they have ceased to be dependent within the meaning of Articles L. 512-3 and R. 512-2 of the Social Security Code.
No minimum period of interruption of activity is required where the birth is When the officer was not carrying on any professional activity.
Section 28
I.-Subject to the transitional provisions of section 68, the age of sixty years referred to in the 26 shall be lowered for the servants covered by this Regulation justifying, in that scheme and, where appropriate, in one or more other compulsory schemes, a period of insurance, or equivalent recognised periods, at least equal to 168 Quarters to fifty-six years for the agents who started their activity before the age of sixteen.
Are considered to have started their business before the age of sixteen, the agents justifying:
-that is, a period of insurance of at least five Quarters at the end of the year in which their sixteenth anniversary occurred;
-or, if they were born in the fourth quarter and do not justify the period of insurance provided for in the preceding paragraph, of an insurance period At least four quarters in respect of the year in which the sixteenth anniversary occurred.
For the application of the term of activity which gave rise to contributions to the agents defined in the first paragraph Above, are deemed to have given rise to contributions:
-periods of national service, for one quarter per period of at least ninety days, consecutive or not. When the period covers two calendar years, it may be assigned to either of these years, the most favourable solution being retained;
-the periods during which the agents were placed on statutory sick leave Periods counted as periods of insurance in one or more other compulsory plans for sickness, maternity and temporary incapacity.
These periods are retained within the limit of four Quarters and without the number of quarters that gave rise to contributions or deemed to be more than four for the same calendar year.
For the purposes of this same term of activity that gave rise to a contribution to the office Officers shall be held for a number of quarters not more than four in each calendar year in which the insured person has been successively or simultaneously affiliated with several of the plans considered
Condition of period of insurance or of equivalent recognised periods defined in the first subparagraph shall be taken into account the bonus for children referred to in Article 12, the periods of insurance referred to in Articles 16 and 17 and Break-in periods referred to in item 9.
II. -The date on which the conditions laid down in I of this Article are satisfied shall, for the purposes of Articles 69 and 70, be retained for the purpose of determining the period in which the agent is liable to liquidate his pension, provided that Request to benefit from the provisions of this Article before its sixtieth anniversary.
Article 29
The 60-year age requirement under Article 26 shall be lowered, in the Conditions laid down by decree, for disabled agents who, when they have a permanent disability of at least 80 %, have a period of insurance at least equal to a limit fixed by decree, all or part of that duration having Payment of deductions for pensions.
A pension increase shall be granted to disabled employees referred to in the preceding paragraph, under conditions laid down by decree in the Council of State.
The decrees referred to in this Article Are those taken for the purposes of Article L. 24-I (5 °) of the Civil and Military Pension Code.
Article 30
The pension is based on the last pensionable remuneration in respect of The employment, grade or class and step actually occupied by the officer for at least six months at the time of termination of pensionable service or, failing that, - unless there has been a demotion by discipline-on the Contributory earnings in respect of employment, grade or class and step previously occupied.
In the case of part-time work, the pensionable remuneration for the calculation of the pension is the one to which the agent could have claimed Has provided a full-time service.
The six-month period will not be the opposite when the termination of an officer's service has occurred as a result of death or accident in service or on the occasion of service.
Decisions of the Governor approved by the General Council shall fix, where appropriate, the assimilation with the existing categories of the jobs, classes, grades or levels that would be deleted.
Article 31
I.-The duration of eligible services and rebates in liquidation is expressed in quarters. The number of quarters necessary to obtain the maximum percentage of the pension shall be set at one hundred and sixty quarters subject to the transitional provisions of Article 69.
This maximum percentage shall be set at 75 % of the treatment referred to in Section 30.
It may be increased to 80 % of the head of enhancements under section 12.
Each quarter is paid by reporting the maximum percentage defined in the second paragraph to the number of quarters referred to in the first paragraph.
II. -The fraction of a quarter equal to or greater than forty-five days is counted for one quarter. The quarter fraction less than forty-five days is neglected.
III. -The number of quarters referred to in the first subparagraph of the I shall evolve as the duration of the services and subsidies required of the officials of the State to obtain the maximum percentage of a civil pension under the conditions laid down in Article 5 of the Law No. 2003-775 of 21 August 2003 on pension reform.
Article 32
Subject to the transitional provisions of Article 70, where the term of insurance defined in Article 15 is Less than the number of quarters necessary to obtain the percentage of the pension referred to in the second paragraph of Article 31, a reduction coefficient calculated on the basis of 1.25 % per missing quarter applies to the amount of the pension Liquidated pursuant to sections 30 and 31 within the twenty-quarter limit.
The number of missing quarters taken into account for this calculation is equal to:
1 ° or the number of quarters corresponding to the period between the age at which the Pension is liquidated from the age limit of the degree held by the pensioner;
2 ° or the number of additional quarters that would be required on the date on which the pension was wound up, to the number of quarters to obtain the Maximum percentage referred to in the second paragraph of Article 31.
The smallest of the two number of quarters resulting from the provisions of 1 ° and 2 ° shall be taken into account.
The coefficient of deterioration shall not apply to the agents At retirement for disability.
The coefficient of impairment is not applicable to reversion pensions when the liquidation of the pension the agent could have benefited after his death in activity.
For the calculation of the duration Coverage under this section, periods of part-time service are counted as periods of full-time service.
Section 33
When Insurance Duration As defined in Article 15 shall be greater than the number of quarters necessary to obtain the maximum percentage referred to in the second paragraph of Article 31 and that the agent has reached the age of sixty years, a mark-up coefficient calculated on the basis of 0.75 % per additional quarter shall apply to the amount of the pension liquidated under sections 30 and 31 within the twenty-quarter limit.
The number of additional quarters taken into account for this calculation shall be equal to, as of the date of The liquidation of the pension, the number of quarters of services performed after April 1, 2007, beyond the age of sixty years and in addition to the number of quarters necessary to obtain the maximum percentage referred to in the second paragraph of the Article 31.
For the calculation of the term of insurance referred to in this Article, periods of part-time service shall be deducted for the fraction of their duration equal to that which defines the authorized work arrangements.
Article 34
For the purpose of liquidation of the pension, the amount of the pension shall not, subject to the transitional provisions of Article 71, be less than:
(a) Where the pension pays at least forty years of service To an amount corresponding to the pensionable remuneration associated with the value as at 1 April 2007 of the index 182;
(b) Where the pension pays fifteen years of actual service, to 57.5 % of the amount set out in the preceding paragraph, that rate Being increased by 2.5 percentage points per additional year of effective service between fifteen and thirty years and 0.5 percentage point per year of effective services of thirty to forty years;
(c) Where the pension pays less than fifteen years of service The amount of the minimum guaranteed shall be revalued under the same conditions as the pensions.
For the purposes of applying the Provisions referred to in the first subparagraph above, the period during which the agent has been authorised to perform a part-time service shall count for the fraction of its duration corresponding to that which defines the authorized work arrangements.
Section 35
I.-A pension increase is granted to holders who have raised at least three children.
To this increase:
-the children of the pensioner;
-the Children of the spouse;
-children who have been the subject of a delegation of parental authority in favour of the holder of the pension or of his or her spouse;
-children under the care of the holder of the pension or of his/her spouse, where Guardianship is accompanied by the effective and permanent custody of the child;
-the children collected at the child's home by the holder of the pension or his/her spouse, who justifies having borne the actual and permanent burden of the child by the production of all An administrative document establishing that they have been retained for the granting of family benefits or the family supplement for processing or calculating income tax.
II. -With the exception of children who have died of war crimes, children must have been raised for at least nine years, either before their sixteenth birthday or before the age at which they have ceased to be dependent within the meaning of Articles L. 512-3 and R. 512-2 of the Social Security Code.
For the purposes of the above term, account shall be taken, where appropriate, of the time during which the children were raised by the spouse after the death of the holder.
III. -The benefit of the increase shall be granted:
-either at the time of the winding-up of the pension, if the child has already attained the age of sixteen years or if he has ceased to be dependent under the conditions laid down in II above;
-at a later date, at the When the child reaches the age of sixteen or ceases after that age to be dependent.
IV. -The rate of the increase in the pension shall be set at 8.5 % of its amount for the first three children and at 4.25 % per child beyond the third, without the amount of the pension increased to exceed that of the pensionable remuneration determined at Section 30.
Article 36
The pension is paid from the settlement date as defined in section 26.
Article 37
If, as part of the implementation of Section 26, an officer wishes to apply his or her pension rights before reaching the age limit set by the Staff Regulations, he must apply to the Governor at least six months before the date on which he wishes to cease Service.
Article 38
The holding agent who ceases to belong to the staff of the Banque de France for any reason, without being able to claim a pension from the reserve fund is Restored, as regards old-age insurance, in the situation which it would have had if it had been affiliated with the general scheme of social insurance during the period in which it was submitted to this scheme, under the conditions laid down in the Articles D. 173-1 et seq. Of the Social Security Code.
It benefits from the direct reimbursement of deductions in an effective manner on its earnings to the reserve fund.
However, the amount of this refund is reduced :
1 ° of the amount of old-age insurance contributions payable by the agents provided for in the regulations relating to coordination with the general social security system;
2 ° And, where applicable, sums of which the person concerned Would be a debtor to the Bank.
In addition, the agent concerned must join in the year following his departure to the IRCANTEC (a supplementary pension institution for non-state and public officials) and pay the Retroactive premiums for the period during which he was employed at the Bank.
Article 39
When an incumbent agent who has left the service of the Banque de France without The right to a pension shall be re-appointed to an employment of the incumbent agent, he shall be entitled, for retirement, to all the services which he has rendered, provided that, upon request made by him within three months of his last He will return to the reserve fund the contributions previously refunded to him
Article 40
Ineligibility for disability retirement under Article 7, paragraph 2, is pronounced, either at the request of the person concerned or ex officio, for the benefit of the incumbent agent who is Is permanently incapable of continuing its functions.
The admission to ex officio retirement is pronounced without delay if the incapacity is the result of a disease or infirmity that its definitive and stabilised character does not make it susceptible to Processing; if it does not, it intervenes on the expiry of the sick leave provided for by the Staff Regulations.
Section 41
The Agent admitted to retirement for disability due to infirmity Resulting from contracted or aggravated injury or illness either in service, or by performing an act of dedication in a public interest, or by exposing his or her days to save the life of one or more persons is entitled to a life annuity The
to this pension is also open to the retired officer who is affected by a professional disease whose service accountability is recognised by the reform commission After the date of the cancellation of the executives, under the conditions laid down in Article 42. In such case, the enjoyment of the pension shall take effect on the date of filing of the request of the person concerned. This is also the case when the entry into use of the pension is deferred pursuant to Article 26 d of this Regulation.
The amount of the disability pension shall be fixed at the fraction of the contributory remuneration equal to the percentage Of disability. If the amount of this pensionable remuneration exceeds an amount equal to the value of the index 836 to April 1, 2007, the fraction exceeding that limit shall be counted only for the third party. However, the fraction exceeding ten times this gross amount is not taken into account.
Article 42
Reality of the asserted disabilities, their relationship with previously compensated neglities, the rate Of the disability that they result in, the permanent incapacity to perform the duties is appreciated by a reform commission composed of:
-two officers appointed by the Governor; and
-two officers of the same rank as the Cause or, failing that, the rank immediately above, taken from those who represent the personnel on the disciplinary boards. These officers sit in turn in the order and the conditions set out in the Governor's decision;
-two physicians designated by the Governor who may be assisted by a specialist.
Prior to the committee meeting, the officer is invited to Review the file; it may make written submissions and provide medical certificates. If it considers it appropriate, the Commission may make any further inquiry.
The opinion of the reform committee shall specify the rate of invalidity determined according to the indicative scale adopted pursuant to Article L. 28 of the Civil and Military Pension Code,
The decision-making authority rests, in all cases, with the Governor.
Section 43
The officer whose retirement was pronounced in Under Article 42, which is recognised, after the opinion of the reform commission, able to resume the exercise of its functions may be reinstated in a job of its rank if there is a vacancy. The invalidity pension provided for in Article 7 shall be cancelled as from the effective date of the reinstatement.
Article 44
The liquidated invalidity pension in accordance with the provisions of Article 40 and 42 shall be calculated in accordance with the rules laid down in Article 31, above.
Article 45
Where, on the date of retirement, the rate of invalidity is at least equal to 60 %, the amount of the pension May not be less than 50 % of the remuneration defined in Article 30 without regard to any increase granted under the third paragraph of this Article.
This amount shall be increased to 80 % of the fees if the invalidity results An attack or wrestling in the performance of duties or an act of devotion in the public interest or the fact that the person concerned has exposed his or her days in order to save the life of one or more
. To have recourse in a consistent manner to the assistance of a third party to carry out ordinary acts of life, he is entitled to a special increase, the amount of which is calculated in accordance with Article R. 341-6 of the Code of Social security.
This increase is granted for a period of five years. At the end of that period, the rights of the persons concerned shall be re-examined and the increase shall be granted on a final basis if it is recognised that the holder continues to collect the conditions for the benefit, or, in the case of Not, deleted. Thereafter, it may be reinstated at any time following the same procedure as from the date of the pensioner's application if the pensioner justifies being entitled to claim it again.
This mark-up is not cumulative to the applicant 's Amount with any other benefit having the same object.
In cases of worsening of pre-existing disabilities, the rate of disability to be deducted for the calculation of the disability pension provided for in section 41 or the disability rate prescribed in The penultimate paragraph of article 42 is appreciated in relation to the remaining validity of the agent.
Article 46
On-duty officers are entitled, by priority, to the head of disability From the employment of a secondment or during the exercise of their mandate, from the insurance plan that is applied to them by the employing organization, without they being able to receive a total pension less than that which they would have obtained if the Sections 40, 41 and 45 were applicable to them. In such cases, they receive a differential pension
I. -Rights Spouses
Article 47
Spouses of a holding agent are entitled to a pension equal to one half of the pension that was or would have been available to the agent on the day of death.
A reversion pension is added Potentially:
1 ° One-half of the disability pension that the agent was or could have benefited from;
2 ° 50 % of the section 35 gross-up to which the agent benefited or could have benefited. This benefit is only served to the spouse who has raised, under the conditions set out in section 35, the children entitled to such an increase.
This reversion pension, taking into account the external resources, may not be less than The solidarity allowance for elderly persons established by Article L. 815-1 of the Social Security Code, irrespective of the date of its liquidation.
Article 48
For the spouse to be entitled to The pension provided for in section 47 must be at least three years after the date of death of the agent, unless there is one or more children from the marriage. In calculating this period, the marriage time corresponding to a period of effective services is increased by half.
However, if the agent has died, or if he has a disability pension, it is sufficient for the marriage to have been Prior to the illness or event that led to the retirement or death of the agent.
Section 49
The separated spouse and divorced spouse are entitled to the pension First paragraph of Article 47, or Article 51. A divorced spouse who remarried before the death of the agent and who, upon termination of that marriage, is not entitled to a reversion pension, may assert that right if it is not open to the benefit of another.
Article 50
When, upon the death of the agent, there are several spouses, divorced or survivors, entitled to the pension defined in the first paragraph of Article 47, the pension shall be divided among those
the death of one of the beneficiaries, his or her share shall, where appropriate, be transferred to the orphans of less than twenty-one years from his or her union with the agent or holder of the pension or adopted at the Course of this union.
Article 51
When an agent dies as a result of an attack or struggle in the performance of his or her duties or an act of devotion in the public interest or to save the The life of one or more persons, the reversion pension granted to the spouse, plus the pension due under the legislation on accidents at work, may not be less than an amount corresponding to the remuneration submitted In
cases, this guaranteed minimum is revalued under the same conditions as pensions.
Section 52
The surviving spouse or divorced spouse who Contracts a new marriage, is bound by a civil pact of solidarity or lives in a state of well-known concubinage loses his right to a pension.
The rights that belonged to him or who belonged to him pass to the children born of his marriage to the agent Deceased under the conditions set out in the second paragraph of section 53.
The surviving spouse or divorced spouse, whose new union is dissolved, who is no longer bound by a civil pact of solidarity or who ceases to live in a common-law relationship May, if he so wishes, recover his right to a pension and request an end to the application which may have been made of the provisions of the first paragraph of this Article. In such cases, the pension that may be granted to the children born of the marriage to the deceased agent is removed.
II. -Rights of orphans
Article 53
Each orphan is entitled, up to the age of twenty-one years, to a pension equal to 10 % of the pension obtained by the agent or that he could have obtained on the day of his death, and increased, Where applicable, 10 % of the invalidity pension of which he was or could have benefited, without the total of the emoluments allocated to the surviving spouse and the orphans may exceed the amount of the pension and, possibly, of the pension Of the disability assigned or attributed to the officer. If there is a surplus, there shall be a temporary reduction in the pensions of the orphans in equal shares.
In the event of the death of the surviving spouse or if the surviving spouse is not entitled to a pension or stripped of his or her rights, the rights defined in the first Article 47 shall pass to children less than twenty-one years of age and a pension of 10 % shall be maintained for each child within the limit of the maximum set in the preceding
. Children who, on the day of the death of their author, were at the actual burden of the latter as a result of a permanent infirmity making them unable to earn a living.
The pension granted to these children cannot be combined with a Other pension or annuity of the general scheme, allocated for old age or invalidity, up to the amount of those benefits. It shall be suspended if the child ceases to be unable to earn a living.
These provisions shall also apply to children who have been affected, after the death of their author, but before their twenty-first birthday, of an infirmity Permanently unable to earn a living.
Article 54
The pension awarded to each orphan shall expire at the twenty-first anniversary of the orphan's death or death if
The orphan's pension that is extinguished shall not increase that of the other orphans of the same agent, except the derogations provided for in Articles 53 (1st and 2nd paragraphs) and 56.
Article 55
Infirm children over the age of twenty and one, if they meet the conditions laid down in the third and fifth paragraphs of Article 53, shall be entitled to orphan's pension, subject to the application of the cumulation rules laid down in Article 53. Article.
III. -Common provisions
Article 56
The total amount of pensions awarded by the head of reversibility to surviving spouses or children of one or more beds shall not exceed, all inclusive, the pension of which Benefited or would have benefited the agent from any increase included on the day of his death. This reversion pension is in addition to one half of the disability life annuity available to the agent so that the total is not less than an amount equal to the value of the index 182 as of April 1, 2007
Total amount of pensions must be reduced, by application of the maximum fixed above, this reduction shall affect proportionately the pension of each person entitled. The pension of each beneficiary shall increase that of the other beneficiaries when it is extinguished until, within the limit of the maximum fixed above, the beneficiaries' pension reaches the quotité to which they are entitled, respectively.
Article 57
The minimum pension provided for in the third paragraph of Article 47 of this Regulation may be reversion pensions at the rate of 50 % allocated to surviving spouses.
the pension is divided between several beneficiaries, the share of the minimum pension which can be allocated to each beneficiary according to its own resources shall be calculated on the basis of the proportion of the pension which Is personally allocated to him.
Article 58
When an officer, a beneficiary of a disability pension or annuity under this Regulation, has disappeared from his or her home and more than one He has not given a sign of life, his spouse and children under the age of twenty and a year he has left may obtain, on an interim basis, the liquidation of the pension rights that would be open to them in the event of death
A pension may also be granted, on an interim basis, to the spouse and children under the age of twenty and one year of an active agent who has been missing for more than one year, when he was at least fifteen annuities on the day of his disappearance
The provisional pension is abolished when the death is officially established or the absence has been declared by judgment in force of res judicu and a final pension is then allocated to the beneficiaries.
Article 59
Accumulation by a surviving spouse of multiple pensions held under this Regulation from the head of different agents is prohibited, only the highest is served.
An orphan may combine the two reversion pensions
shall not accumulate reversion pensions obtained from his father's father and those obtained from an adoptive father; he shall not accumulate reversion pensions obtained from his father's father and mother. The leader of his mother and those obtained from the leader of an adoptive mother. However, it may opt for the most favourable reversion pension
Article 60
The account opened on behalf of the employees' reserve fund on the books of the Banque de France and to the credit of which deductions are made from the remuneration of agents for the benefit of The reserve fund is separate from the account opened under the first paragraph of Article 4 of this Regulation.
Article 61
As from 1 January 2008, pensions are revalued each Year by a regulation of the Governor in accordance with the forecast evolution of the non-tobacco consumer price index provided for in the economic, social and financial report annexed to the Finance Act for the year under
. The change in the price of non-tobacco consumption, as mentioned in the economic, social and financial report annexed to the Finance Act for the following year, is different from that which had originally been foreseen, it is Procedure, under conditions laid down by a regulation of the Governor, to an adjustment intended to ensure, for the following year, a recovery in conformity with that finding.
Article 62
Pensions of The employees' reserve fund is payable monthly and in arrears, by bank transfer.
Article 63
In the event of the death of an active agent, the payment of the pension of the beneficiaries starts at On the first day of the calendar month following the month of death.
In the event of the death of a retired officer, the pension or annuity for the disability of that agent is paid until the end of the calendar month in which the agent dies. The payment of the pension of the beneficiaries begins on the first day of the following month.
In the event of the death of a beneficiary of a survivor's pension or a survivor's pension, the pension or annuity is paid until the end of the calendar month In the course of which the beneficiary has died.
Article 64
Excluded from the benefit of the reversion are persons declared unworthy to succeed under the conditions laid down in Articles 726 and Next of the Civil Code.
Article 65
Incumbents who have permanently ceased their activity at the bank or temporarily in the course of a leave of absence for personal reasons shall be submitted, For the exercise of a private professional activity, for a period of three years following their cessation of activity under the provisions of this Article.
I.-Private professional activities within the meaning of this Article Professional activities carried out in private enterprises and in private non-profit organisations as well as private liberal activities. Firms in the competitive sector operating in accordance with the rules of private law are treated as private companies.
II. -The agents mentioned in the first subparagraph shall not be able to carry on an activity:
(a) In a private enterprise where in the three years preceding the definitive termination of their duties they have been entrusted either to monitor or control this Whether to enter into contracts or contracts with that undertaking or to express an opinion on such contracts or contracts.
This prohibition also applies to activities carried on in a business:
-which holds at least 30 % of the Capital of the above-mentioned undertaking or whose capital is at least 30 % owned either by the aforementioned undertaking or by a business holding also 30 % of the capital of the aforementioned enterprise;
-or who has concluded With the aforementioned undertaking a contract involving an exclusive right or de facto exclusivity;
(b) infringing on the dignity of their previous functions or at risk of compromising or jeopardising the normal functioning, independence or Service neutrality.
III. -The officers mentioned in the first paragraph of this article who are considering a private professional activity shall take up a commission on incompatibilities established by a regulation of the Governor, who shall decide whether to collect The authorization of the Governor.
Where such authorization is required, the decision of the Governor shall be made to the officer's knowledge within two months of the referral to the
. -Incumbents who breach the provisions of this Article shall be liable to a suspension of the pension taken upon the decision of the Governor, after the opinion of the Disciplinary Board competent for the active agents of the grade That the officer had reached the date of his cessation of activity.
Section 66
The officer whose pension entitlement has been suspended pursuant to section 65 is reinstated, in respect of the old-age risk, in The situation in which he or she would benefit if he had been affiliated with the general social security scheme for the duration of his or her services to the bank.
The pension he could claim for that fact is at the expense of the reserve fund.
Article 67
Notwithstanding the provisions of The penultimate subparagraph of Article 8, agents whose ownership occurred before the entry into force of this Regulation may request the validation of the services performed in contractual quality at the Banque de France to the Condition of making the request before 31 December 2008.
Article 68
Until 31 December 2010, the provisions of the first paragraph of I of Article 28 are replaced by the provisions provided for The following paragraphs.
The age of sixty years referred to in Article 26 shall be lowered for the agents covered by this Regulation which justify, in that scheme and, where appropriate, in one or more other compulsory schemes, of a duration Insurance, or equivalent recognized periods:
-as from January 1, 2008, to fifty-nine years for officers who are responsible for a period of activity that gave rise to contributions to their office at least equal to 160 quarters Commenced their activity before the age of seventeen;
-effective July 1, 2009, at fifty-eight years for officers who have a duration of activity that gave rise to a contribution to their office at least equal to 164 quarters and which Started their activity before the age of sixteen.
The following are considered to have started their activity before the age of seventeen, the agents justifying:
-a period of insurance of at least five quarters at the end of the year in the course of Which occurred, respectively, on their seventeenth birthday;
-or, if they were born in the fourth quarter and do not justify the period of insurance provided for in the preceding paragraph, of a period of insurance of at least four Quarters for the year in which the seventeenth anniversary occurred, respectively.
Article 69
I.-Until 1 July 2011, by way of derogation from the first subparagraph of Article 31, the number of quarters necessary to obtain the maximum percentage shall be fixed according to the date on which the agent is liable to liquidate his pension pursuant to Article 26 in accordance with the following table:
You can view the table in OJ
No 50, 28/02/2007 text number 26
II. -As from 1 January 2012, the period of insurance necessary to benefit from a full-rate retirement pension and the duration of the services and subsidies necessary to obtain the maximum percentage referred to in Article 31 shall be increased by one Quarter in the limit of the number of quarters required of state officials in order to obtain the maximum percentage of a civil pension under the conditions laid down in Article 5 of Act No. 2003-775 of 21 August 2003 reforming
Article 70
Until June 30, 2022, are fixed as shown in the following table:
1 ° The rate of the coefficient of worship, by way of derogation from the provisions of Article 32 ;
2 ° The age at which the coefficient of minoration is cancelled, expressed in relation to the age limit, by way of derogation from the provisions of the 1 ° of article 32.
You can consult the table in OJ
No 50 du 28/02/2007 text number 26
Article 71
I.-Pensions guaranteed to the minimum guaranteed before the entry into force of this Regulation shall be revalued in the The conditions of section 29 effective the year following that entry into force.
II. -Until 31 December 2016, the provisions set out in the following table shall apply, by way of derogation from Article 34 (a) and (b), and the resulting amount shall be used, where appropriate, for the application of the c of the same
.
You can view the table in OJ
No 50, 28/02/2007 text number 26
For the table in the preceding paragraph, the counting of years of service Referred to in Article 34 takes into account the subsidies provided for in Article 12 within the limit of:
-5 years of bonus in 2007;
-4 years of bonus in 2008;
-3 years of bonus in 2009;
-2 years of bonus In 2010;
-1 year of bonus in 2011.
Article 72
For a period of one year from the entry into force of this Regulation, agents have the opportunity to recall the periods of Part-time work such as periods of full-time work, subject to the payment of a deduction for pension applied to the contributory earnings of an officer of the same rank, step and index working at full rate at the fixed rate The last paragraph of section 11.
This recall may not increase the duration of services referred to in section 31 of more than six quarters. The term thus recalled shall be based on the maximum duration referred to in the second subparagraph of Article 11. It shall not be taken into account in the insurance period referred to in Article 15.
Done at Paris, February 27, 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of Health and Solidarity,
Xavier Bertrand
ANNEXED ORDER TO ORDER N ° 2007-262
