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Decree Of 28 July 2006 Taken For The Application Of Decree No. 2005-1233 Of September 30, 2005 On Additional Pension Plan For Teaching Staff And Documentation Referred To In Articles L. 914 - 1 Of The Education Code And L...

Original Language Title: Arrêté du 28 juillet 2006 pris pour l'application du décret n° 2005-1233 du 30 septembre 2005 relatif au régime additionnel de retraite des personnels enseignants et de documentation mentionnés aux articles L. 914-1 du code de l'éducation et L...

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JORF n ° 174 of 29 July 2006 page 11315
text n ° 25




Order dated 28 July 2006 for the application of Decree No. 2005-1233 of 30 September 2005 concerning the additional pension scheme of the Teachers and documentation referred to in Articles L. 914-1 of the Code of Education and L. 813-8 of the Rural Code, in particular Articles 6 and 7

NOR: MENF0601889A ELI: http://www.legifrance.gouv.fr/eli/arrete/2006/7/28/MENF0601889A/jo/texte


The Minister of Economy, Finance and Industry, the Minister of National Education, Higher Education and Research, the Minister of Health and Solidarity, and the Minister of Agriculture and Fisheries,
Given the Code of Education, in particular Article L. 914-1;
Given the rural code, in particular Article L. 813-8;
Due to Act No. 2000-1352 of 30 December 2000 on the Finance Act for 2001;
In view of Act No. 2003-775 of 21 August 2003 on the reform of pensions ;
In view of Act No. 2005-5 of 5 January 2005 on the situation of masters of the Private educational institutions under contract, in particular Article 3;
In view of Decree No 2003-243 of 17 March 2003 laying down the conditions for the granting of a temporary cessation allowance to certain teachers of agricultural education Activities, in particular Article 4;
Having regard to Decree No. 2005-1233 of 30 September 2005 on the additional pension scheme for teaching staff and documentation referred to in Articles L. 914-1 of the Code of Education and L. 813-8 of the Code Rural, in particular Articles 6, 7 and 11;
In light of Decree No. 2006-933 of 28 July 2006 concerning the conditions for the termination of employment of masters and documentalists contracted or approved by private educational institutions linked to the State by contract for the application of Article L. 914-1 of the Education Code ;
In view of Decree No. 2006-941 of 28 July 2006 on the conditions for cessation of employment of teaching and documentation staff referred to in article L. 813-8 of the Rural Code;
Stop:

Item 1 More about this Article ...


The employer contribution rate to the additional pension scheme for teachers and documentation referred to in Articles L. 914-1 of the Code of education and L. 813-8 of the rural code is fixed from 1 September 2005 to 0.75 % of the gross remuneration paid by the State.
The rate of the pay contribution is fixed from that date to 0.75 % of the gross remuneration Paid by the State.

Article 2 Learn more about this Article ...


For masters admitted to the benefit of the temporary retirement benefit or the temporary allowance for early termination of activity, the pension paid under the additional pension scheme shall be equal to the Portion of section 7 of the September 30, 2005 Order in Council Above the amount of temporary retirement benefits provided by the State.
For masters admitted directly to the benefit of an old-age pension from the general social security scheme or the social insurance scheme, the Pension paid under the supplementary pension scheme shall be equal to the fraction laid down in Article 7 of the decree of 30 September 2005 mentioned above of the sums received in respect of old-age pensions under the general scheme of social security, of the Agricultural social insurance, compulsory supplementary pension schemes Prorated because of the periods of service that would have been withheld, on the date of liquidation of that pension, if they had been accepted for the benefit of the temporary retirement benefit or the temporary cessation allowance Activity.

Item 3 Read more about this article ...


The annual amount beyond which the pension of the additional pension plan is served in an annuity is set at 300 euros. This amount is adjusted by the application of the coefficients provided for in Article R. 351-26 of the Social Security Code.

Article 4 Learn more about this Item ...


The liquidation request is Formulated in writing by the person concerned with his service manager either on the occasion of his cessation of activity in order to benefit from an old-age pension from the general scheme of social security, from an old-age pension from social insurance Of the agricultural, temporary retirement benefit or the temporary cessation of activity allowance either after that cessation of activity.
When it is formulated after the cessation of activity, the application for liquidation shall be Addressed directly to the plan manager
masters admitted to the benefit of the temporary retirement benefit or the temporary allowance for early termination of employment or admitted directly to the benefit of an old-age pension of the general security system Of the social insurance scheme prior to 1 July 2006 has a period of six months after the publication of this Order to apply for the winding-up of the pension paid under the additional scheme With effect from the date on which they completed the Conditions to benefit from this.

Item 5 Learn more about this Article ...


The governing body of the additional pension plan determines the nature of the supporting documents to be produced in Accompanying an application for the liquidation of the pension of the additional pension scheme.

Article 6 Learn more about this Article ...


Contributors and beneficiaries mentioned in Article 19 of the aforementioned decree of 30 September 2005 consists of:
-contributors defined in section 2 of the same order;
-beneficiaries of pension or temporary retirement benefits referred to in section 5 of the Order; and
-surviving spouses who are beneficiaries of a reversion pension And beneficiaries of an orphan's pension in the form of annuities mentioned in Article 9 of the same decree;
-teachers and documentation staff who did not make any contributions to the additional scheme and did not benefit from the date Assessment of the service of an old-age pension of the general security system Social or supplementary pension schemes or temporary retirement benefits as defined in the same decree but justifying on 1 September 2005 the minimum period of service provided for in Article 5 of the same decree;
-former contributors of the An additional plan that did not liquidate, on the valuation date, their pension from that plan;
-the beneficiaries of the beneficiaries mentioned in the second, third, fifth and sixth paragraphs.
The managing body shall keep the Information about these recipients.

Item 7 Learn more about this Article ...


For the purpose of establishing the ratios referred to in Article 19 of the aforementioned decree of 30 September 2005, the actuary shall carry out his calculations from one of the mortality tables provided for at 2 ° of the first Paragraph of Article A. 931-10-10 of the Social Security Code, or of an experienced table, provided that the latter presents more conservative assumptions than each of the mortality tables.
The discount rate for the calculation is that To the first paragraph of Article A. 932-3-1 of the Social Security Code.

Article 8 Learn more about this Article ...


The Director of the Budget in the Ministry of Economy, Finance and Industry, the Director of Financial Affairs, Ministry of National Education, Higher Education and Research, Director of Social Security at the Ministry of Health and Solidarity and the Director-General of Education and Research at the Ministry of Agriculture and Fisheries shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the Republic French.


Done at Paris, July 28, 2006.


The Minister of National Education

of higher education

and search,

For the Minister and delegation:

The Director of Financial Affairs,

M. Dellacasagrande

The Minister of the Economy,

Finance and Industry,

For the Minister and delegation:

The Deputy Director,

F. Carayon

The Minister of Health and Solidarity,

For the Minister and by delegation:

The Deputy Director of Pensions and Institutions

of the Complementary Social Protection,

F. The Morvan

The Minister of Agriculture and Fisheries,

For the Minister and delegation:

The Secretary General,

D. Outgoing


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