Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform and the Minister Delegate to Industry,
Given the Civil and Military Pension Code;
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to amended Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications, including section 29-3;
Having regard to amended Decree No. 47-1846 of 19 September 1947 establishing the National Pension Fund, as provided for in Article 3 of Order No. 45-993 of 17 May 1945 on public services of departments and municipalities and their public institutions;
Having regard to Decree No. 97-139 of 13 February 1997 on the modalities for determining and disbursing the employer's contribution with a liberatory character charged to France Télécom;
The State Council (Finance Section) heard,
Decrete:
Officials of France Télécom who have chosen to benefit from the provisions of Article 29-3 of the above-mentioned Act of 2 July 1990 have a period of one month, from the date of notification of the decision stating their integration into one of the bodies or framework of employment of the public service of the State, the territorial public service or the public service hospital, to request to pay for the pension on the basis of the salary
This application is addressed by the grievor to the administration or host agency. The individual must inform France Télécom accordingly of his request. It takes effect on the date of integration into one of the bodies or employment frameworks of the public service of the State, the territorial public service or the hospital public service.
When the pension deduction treatment, on the basis of which an employee from France Télécom is paid within the body or framework of integration employment, exceeds the level of treatment he held on the date of his detachment and on the basis of which he had chosen to contribute, the employee shall contribute for his retirement on the basis of the treatment he received.
I. - When the employees of France Télécom benefiting from the provisions of section 29-3 of the above-mentioned Act of 2 July 1990 chose to contribute for retirement on the basis of the pension deduction treatment they held in their original bodies on the date of their detachment, France Télécom pays to the pension plan for which the grievor reports a liberatory contribution.
This liberatory contribution is calculated by the application of the rate of the employer contribution of the pension plan, as defined in II of this section, to the amount of the lump-sum compensation paid to the employee of France Télécom pursuant to Decree No. 2004-938 of 3 September 2004.
II. - For civil servants under the Civil and Military Pension Code, the rate of employer contribution provided for in I is until 31 December 2005 the rate referred to in article 3 of the above-mentioned decree of 13 February 1997.
Effective January 1, 2006, the employer contribution referred to in section L. 61 of the Civil and Military Pension Code is applied.
For officials affiliated to the National Pension Fund of Local Government Officers, the employer contribution provided for in I is the employer contribution referred to in Article 3 of the above-mentioned Decree of 19 September 1947 and to all contributions that are recovered under the same conditions and under the same rules.
III. - The Minister responsible for the budget shall notify France Télécom each year under each of the pension plans concerned of the amount of the liberatory contribution corresponding to the employees of France Télécom who have chosen to benefit during the previous calendar year from the provisions of section 29-3 of the law of 2 July 1990 referred to in the conditions provided for in I.
This notification shall be received no later than 28 February of each year.
IV. - France Télécom must communicate to the Minister responsible for the budget before January 31 of each year, for each public service, the number of employees of France Télécom who have benefited from the provisions of section 29-3 of the law of July 2, 1990 referred to in the conditions set out in I, during the previous calendar year and the amount of the lump sum allowance paid to them.
France Télécom spontaneously pays out in respect of pension plans, on the last working day of March, of the amount of the liberatory contribution for the previous calendar year.
In the event of detachment in an employment that leads to pension of the pension plan of the public servants affiliated to the National Pension Fund of local government officials, the difference between the amount of the contribution for the creation of pension rights paid by the community or the employer institution and that resulting from the application of the rate referred to in section 46 of the law of January 11, 1984 referred to above is the subject of a single refund to the community or to the employer institution by France
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister Delegate for Industry and the Secretary of State for Budget and Budget Reform are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 3, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Delegate to Industry,
Patrick Devedjian
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Public Service
and state reform,
Renaud Dutreil
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
