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Decree No. 2007 - 369, March 20, 2007 Taken For The Application Of The Provisions Of Article 110 Of The Law Of Financing Social Security For 2007 (No. 2006) - 1640 Of December 21, 2006

Original Language Title: Décret n° 2007-369 du 20 mars 2007 pris pour l'application des dispositions de l'article 110 de la loi de financement de la sécurité sociale pour 2007 (n° 2006-1640 du 21 décembre 2006)

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Keywords

SANTE , SOCIAL WELFARE , SOCIAL SECURITY , OLD-AGE INSURANCE , FREEDOM PROFESSION , SKI INSTRUCTOR , INDEPENDENT SKI INSTRUCTOR , SOCIAL CONTRIBUTION , SPECIAL SCHEME , AFFILIATION , CIPHERS , PENSION , RETIREMENT , SUPPLEMENTARY OLD-AGE INSURANCE , RETIREMENT POINT , ASSIGNING , PAYMENT , BENEFICIARY , CALCULATION MODE


JORF No. 68 of 21 March 2007 Page 5167
Text No. 33



Decree n ° 2007-369 of 20 March 2007 for the application of the provisions of Article 110 of the Social Security Financing Act for 2007 (No 2006-1640 of 21 December 2006)

NOR: SANS720207D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/3/20/SANS0720207D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/3/20/2007-369/jo/texte


The Prime Minister,
On the report of the Minister of Health and Solidarity,
In view of the Social Security Code, in particular Articles L. 643-3 And L. 644-1;
In view of the Social Security Financing Act for 2007 (No. 2006-1640 of 21 December 2006), in particular Article 110;
In view of the reference to the advice of the Board of Directors of the National Old Age Insurance Fund Professions as of 30 November 2006, Décrète:

Item 1
For the purposes of the provisions of Article 110 of the Social Security Financing Act for 2007 referred to above, a number of pension points of the old-age insurance scheme shall be allocated to the Liberal professions equal to one hundred and thirty-five times the number of points acquired by the person concerned in the specific professional device.
When the result obtained does not correspond to an integer number of points, the number of points allocated is Equal to the integer greater than the result obtained, when the first decimal is at least five, or the integer less in other cases.

Article 2 More on this Article ...


For the purposes of applying the provisions of Article 110 of the Social Security Financing Act for 2007 referred to above, the number of points awarded under the scheme Supplementary old-age insurance of the liberal professions concerned shall be determined according to the following procedures:
1 ° For insured persons who are beneficiaries of an old-age benefit granted under the specific professional arrangement or Temporary benefit granted under the insurance contract provided for in Article 110 of the Social Security Financing Act for 2007 referred to above:
a) A balance of rights shall be determined equal to the difference between Product of the number of points acquired by the person concerned in the specific professional device by the value of the point of that device and, on the other hand, the product of the number of points awarded pursuant to the provisions of Article 1 of this Decree by the value of the point of the basic old-age insurance scheme of the liberal professions;
(b) The number of points referred to in the first paragraph of this Article shall be equal to the total value of the quotient of the balance determined by this 1 ° By the value of the point of the supplementary old-age insurance scheme of the liberal professions concerned;
2 ° For the persons referred to in the second part of Article 110 other than those mentioned in 1 ° of this Article, a Number of points equal to the number of points acquired by the person concerned in the specific professional arrangement.
The provisions of the second subparagraph of Article 1 of this Decree shall apply to the determination of the number of points Provided for in 1 ° and 2 ° of this Article.

Article 3 Read more about this Article ...


For the application of the provisions of Articles 1 and 2 of this Decree:
1 ° The number of points acquired by the person concerned in the specific professional device shall be terminated as at 31 December 2006;
2 ° In the event that the person concerned receives a benefit granted under this scheme, the number of points on the basis of which the amount of the benefit and the value of the point of service are calculated shall be taken into account;
3 ° Values of the points of the basic old-age insurance scheme and the supplementary old-age insurance scheme for which the person concerned is responsible, on a compulsory basis as at 31 December 2006;
4 ° The value of the point of the specific professional measure Taken into account is 93.39.

Item 4 More about this Article ...


For the application of the provisions of Article 110 of the Social Security Financing Act for 2007 referred to above and with a view to determining the duration of insurance referred to in the second paragraph of the Article L. 643-3 of the Social Security Code, it is taken into account a number of quarters corresponding to the number of points in respect of the contributions paid by the person concerned in the specific professional arrangements put in place by the trade union to which It joined. This number of quarters shall be determined as follows:
1 ° For persons mentioned in II of Article 110 mentioned above other than those mentioned in 2 ° of this Article:
(a) Two quarters for each calendar year in which The contribution gave rise to the allocation of a point in the specific professional arrangement;
b) One quarter for each calendar year in which the contribution gave rise to a half point in the device Specific professional;
2 ° For persons mentioned in II of section 110 mentioned above who exercised the duties of a ski school principal before January 1, 2007, four quarters for each calendar year in the course of Which, on the one hand, the assessment gave rise to the award of one point in the specific professional arrangements and, on the other hand, the aforementioned functions were carried out for a period of at least six months
Provisions of 2 ° of this Article, an order of the Ministers responsible for sports and social security shall draw up the nominative list of persons fulfilling the conditions laid down in that 2 ° and the periods of exercise as school principal of Ski, in view of the evidence submitted by the trade union concerned. This list shall be forwarded to the bodies mentioned in the V of Article 110 of the aforementioned Law.
The application of the provisions of this Article shall not have the effect of bringing the number of insurance quarters to more than four Valid for the same calendar year, taking into account the period of insurance and equivalent period of time of the person concerned in the old-age insurance scheme of the liberal professions and in one or more other insurance schemes Basic old-age pension or to change the insurance period taken into account for the calculation of pensions for those schemes having effect before 1 January 2007.

Article 5 Read more about this article ...


The age from which the right to pension is opened in basic old-age and supplementary old-age insurance schemes for the intended liberal professions Article 110 of the Social Security Financing Act for 2007 referred to above shall be fixed, for the persons mentioned in those II and III born before 1951, on the first day of the month following the sixty-first anniversary of the Social Security Act. The person concerned.

Article 6 Learn more about this Article ...


I. -The reduction provided for in Article R. 643-7 of the Social Security Code and the coefficient of minoration fixed by the statutes of the fund in charge of the management of the supplementary old-age insurance scheme Mentioned in Article 110 of the Social Security Financing Act for 2007 referred to in Article 110 shall not be applicable to the service of the rights referred to in Article 5 of this Decree to beneficiaries of those rights born before 1951 and who are either Beneficiaries on 31 December 2006 of an old-age benefit granted under the specific professional arrangement, or beneficiaries of a temporary benefit granted under the insurance contract provided for in Article 110
II. -For beneficiaries born after 1950, each of the abatement mentioned in the first paragraph of this Article shall be applied progressively according to the year of birth of the person concerned according to the following terms:
1 ° 33 % of the reduction or Minoration for those born in 1951;
2 ° 66 % reduction or minoration for those born in 1952;
3 ° 100 % reduction or minoration for those born after 1952.

Article 7 Read more about this article ...


Contributions for ski instructors who benefit from the provisions of Article 110 of the Social Security Financing Act for 2007 No other activity which is compulsory under the basic old-age insurance scheme or a supplementary old-age insurance scheme for the liberal professions and has not been affiliated before the 31 December 2006 to these plans are calculated, on a provisional basis, for the years 2007 and 2008, on the flat bases applicable in the case of the beginning of a liberal activity.

Article 8 Read more about this article ...


The Minister of Economy, Finance and Industry, the Minister of Health and Solidarity, the Minister for Youth, Sports and Associative Life, the Minister responsible for the budget and reform of the State, spokesman for the Government, and the Minister responsible for social security, the elderly, persons with disabilities and the family shall each be responsible for the implementation of the This Decree shall be published in the Official Gazette of the French Republic.


Done at Paris, March 20, 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Health and Solidarities,

Xavier Bertrand

Minister of the Economy,

Finance and Industry,

Thierry Breton

The Minister of Youth, Sports

and associative life,

Jean-François Lamour

Associate Minister for the

Budget and State Reform,

Government Spokesperson,

Jean-François Copé

The Minister responsible for Social Security,

for the Elderly,

aux Disabled people

and family,

Philippe Bas


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