Key Benefits:
The President of the Republic,
On the report of the Prime Minister, the Minister of Economy, Finance and Industry, the Minister of Health and Solidarity and the Minister for Agriculture and Fisheries,
Given the code of education, In particular Articles L. 442-18 and L. 914-1;
In view of the code of civil and military retirement pensions, in particular Articles L. 13, L. 14 I, L. 24 and L. 86-1;
Given the rural code, in particular Articles L. 810-1 and L. 813-8;
Given the code Social security;
In view of the Act of 18 August 1936 concerning retirement by Seniority;
Given the financial law for 2001 (n ° 2000-1352 of 30 December 2000), in particular Article 100;
In view of Act No. 2003-775 of 21 August 2003 on the reform of pensions, and in particular Article 66 (II and III);
In view of Decree No. 89-406 of 20 June 1989 concerning contracts between the State and the teachers of the institutions referred to in Article 4 of Law No. 84-1285 of 31 December 1984 on the reform of relations between the State and the educational institutions Private agricultural sector;
In light of Decree No. 2006-79 of 26 January 2006 on various social measures Applicable to teachers and documentation referred to in Article L. 813-8 of the Rural Code;
In view of the opinion of the National Council of Agricultural Education of 11 May 2006;
The State Council (social section) heard;
Le Council of Ministers heard,
Describes:
Teachers and documentation staff referred to in Article L. 813-8 of the Rural Code may, under the conditions set out below, cease Benefit from temporary retirement benefits, consisting of the temporary cessation allowance provided for in Article 100 of the aforementioned Act of 30 December 2000, upon cessation of activity.
Such staff shall, at the When they request the liquidation of temporary retirement benefits, hold a contract awarded pursuant to the aforementioned decree of 20 June 1989.
The right to temporary benefits Pension is acquired:
1 ° To the staff referred to in Article 1 justifying fifteen years of services listed in Article 3;
2 ° Without conditions of service, teachers and documentation personnel who are permanently disabled To carry out their duties, provided that it has been established by the reform committee responsible for the officials of the State and under the conditions applicable to them.
Can only be taken into account for the application of Article 2:
1 ° Services performed:
(a) In respect of functions performed in private educational institutions linked by contract to the State as teachers and documentation referred to in Article L. 813-8 of the Rural Code;
(b) Before the entry into force of the provisions of Law No. 84-1285 of 31 December 1984, as a teacher, in private educational establishments which have benefited from the State recognition scheme pursuant to Law No. 60-791 Of 2 August 1960 on agricultural education and vocational training.
These services are counted in proportion to their actual duration when they do not correspond to services performed on a full-time basis. However, the teaching services performed under the following conditions shall be taken into account on the basis of full time for the opening of the right to pension:
(a) Part-time services;
(b) Services performed on an incomplete basis when, concomitantly, in a private educational institution contracted with or recognized by the State, an executive activity or, In a training centre for staff referred to in Article L. 914-1 of the code of education or L. 813-8 of the rural code, an activity of leadership or trainer, provided that these activities have given rise to validation under the scheme General social security or agricultural social insurance;
2 ° Services Military.
Teachers and documentation staff mentioned in Article 1 benefit from the benefits Temporary retirement:
I.-1 ° At age sixty. Services performed on an incomplete basis shall be counted in proportion to their actual duration;
2 ° No condition of age for the personnel mentioned in 2 ° of Article 2 and for those meeting the conditions laid down in the 3 ° and 4 ° of the I of the article L. 24 of the Civil and Military Pension Code and R. 37 of the same Code.
II. -The condition of age of sixty years mentioned in 1 ° of the I shall be lowered for disabled personnel under the conditions applicable to officials of the State defined in Article L. 24 of Article L. 24 of the Civil and Military Pensions Code. Retirement
Teachers and documentation staff referred to in Article 1 Satisfy the conditions laid down in Chapter I which, on the date of the first day of the month following their cessation of activity, do not satisfy the conditions for obtaining a general system of social security or agricultural social insurance Old-age pension calculated at the rate normally applicable to the age of Sixty-five years, from that same date:
1 ° A temporary retirement benefit liquidated according to the rules followed by the general scheme of social security or agricultural social insurance for insured persons when they have reached the age mentioned in Article L. 351-8 of the Code of Social security;
2 ° A temporary supplementary retirement benefit wound up according to the rules followed by the supplementary retirement institution for insured persons aged 65.
However these temporary retirement benefits Shall be liquidated by taking into consideration only the period of insurance In the light of the general scheme of social security or agricultural social insurance and the rights which they have acquired from the supplementary pension institution (s) under the heading:
(a) Services referred to in Article 3;
(b) Increases in periods of insurance provided for in Articles L. 351-4, L. 351-4-1, and L. 351-5 of the Social Security Code;
(c) Increases for children provided for by pension plans Additional mentioned in Book IX of the Social Security Code.
I. -Where the person concerned does not justify in the general system of social security or agricultural social insurance, or in those schemes and one or more other compulsory basic schemes, periods of insurance and recognised periods Equivalent, within the meaning of Article L. 351-1 of the Code of Social Security, of a duration at least equal to the duration required, by application of Article L. 13 of the Civil and Military Pensions Code and of Article 66 of the Law of 21 August 2003 referred to above, for a teacher holding the public born in the same year and benefiting from the Same conditions for the opening of pension rights obtain the maximum percentage of civil pension, a coefficient of reduction shall apply to the amount of temporary retirement benefits liquidated under Article 5.
The coefficient Shall be calculated in accordance with the provisions of Article L. 14 of the Civil and Military Pension Code and of Article 66 of the Law of 21 August 2003 referred to
. -The period of insurance which gave rise to contributions to the insured person:
-after the age provided for in the first paragraph of Article L. 351-1 of the Social Security Code;
-as of 1 January 2004;
-and beyond the required duration, by application of Article L. 13 of the Civil and Military Pensions Code Of the pension and the II of Article 66 of the aforementioned Act of 21 August 2003, so that a teacher holding the public who was born in the same year and enjoying the same conditions for the opening of pension rights shall obtain the maximum percentage of the pension Civil,
gives rise to an increase in the temporary retirement benefits in Application of Article 5.
Except as otherwise provided in the fourth paragraph of this Article, this increase shall be calculated in accordance with Article D. 351-1-4 of the Social Security Code.
The liquidation and payment of temporary retirement benefits served under Article 5 shall be provided by a Body authorised for this purpose by joint order of ministers responsible for Agriculture, the budget and social security.
The resulting financial burden is fully borne by the state
Temporary retirement benefits cease to be paid to teaching and documentation personnel:
1 ° Where they are entitled to an old-age pension from the general social security scheme or from agricultural social insurance liquidated at full rate in the event that no coefficient of deterioration was applicable to the temporary benefits Liquidated pensions pursuant to Articles 5 and 6;
2 ° When they reach the age at which the coefficient of minoration applicable to their old-age pension under the general social security or agricultural insurance scheme Pursuant to the provisions of 2 ° du I and II of Article R. 351-27 of the Code of Social security is the closest to the one applied to temporary retirement benefits liquidated pursuant to Articles 5 and 6. When the differences between the rate applied to the temporary retirement benefits and the immediately higher and lower rates of fading are the same, the immediately lower rate of minoration is taken into account.
The age limit of teaching and documentation staff who can liquidate benefits Retirement age at age sixty is set at sixty-five years. Such staff may be held in office until the end of the school year in which they reach that age limit.
Subject to the rights to the decline of the age limit recognised under the provisions of the Act of 18 August 1936 referred to above, the staff referred to in Article 1, who do not justify, when they reach the age of sixty-five Of the maximum insurance period laid down in Article L. 351-1 of the Code of Social security, may, subject to the interest of the service and their physical fitness, be maintained in activity.
The extension of the activity provided for in the preceding paragraph shall not have the effect of keeping the persons concerned in operation Beyond the maximum insurance period laid down in Article L. 351-1 of the Social Security Code, or beyond 10 quarters.
The Minister responsible for agriculture shall grant the extension of the activity.
Temporary retirement benefits are not cumulative with the replacement income referred to in Article L. 351-2 of the Labour Code or a civil or military pension Retirement.
I. -The provisions of Articles L. 84, second paragraph, L. 85 and L. 86-1 of the Civil and Military Pension Code apply to holders of temporary retirement benefits. However, only the income from activities served directly or indirectly by the State, the local authorities or their public institutions is taken into account for their
. -By way of derogation from the provisions of the I, the temporary retirement benefits may be combined in full with income from activities of the persons mentioned in 2 ° of Article 2.
Holders of temporary retirement benefits, as well as their successors in title, shall benefit from Application of the first paragraph of Article L. 914-1 of the Code of Education, benefits in kind for sickness and maternity insurance of the general social security scheme or agricultural social insurance.
I. -The provisions of this Decree shall apply to teachers and documentation staff who cease their activity as of 10 July
. -Decree n ° 2003-243 of 17 March 2003 laying down the conditions for granting certain teachers of private agricultural education a temporary cessation allowance shall be repealed on that same date.
The Prime Minister, the Minister of Economy, Finance and Industry, the Minister of Health and Solidarity, the Minister of Agriculture and Fishing, the minister delegated to the budget and the reform of the state, Government spokesperson, and the Minister responsible for social security, the elderly, persons with disabilities and the family are responsible, as far as they are concerned, for the application of this Decree, which will be published in the Journal Official of the French Republic
Done at Paris, July 28, 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
Minister of Agriculture and Fisheries,
Dominique Bussereau
Minister of the Economy,
Finance and Industry,
Thierry Breton
Minister of Health and Solidarity,
Xavier Bertrand
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
The Minister responsible for Social Security,
aux personnes âgées,
aux personnes handicapées
et à la famille,
Philippe Bas
