Key Benefits:
Minister of Social Affairs, Labour and Solidarity, Minister of Health, Family and Persons with Disabilities and Minister for Budget and Budget Reform,
Considering the social security code, including articles L. 911-3, L. 911-4 and L. 921-4;
In view of the Order of March 31, 1947, which approved the National Collective Retirement and Staff Pension Agreement of March 14, 1947, together the Orders that extended further amendments to this Agreement;
In view of the decision of 27 March 1962 to extend the Inter-Professional National Retirement Agreement of 8 December 1961 for the generalization of supplementary pensions and annexes to this agreement, together the decrees that have expanded subsequent amendments to this agreement and its annexes;
Having regard to the decrees of 15 March 1973, 11 June 1973, 25 June 1973, 6 April 1976, 20 October 1986, 21 June 1988, 5 December 1988, 7 July 1989 and 13 June 1994 expanding the scope of professional and territorial application of the agreement of 8 December 1961;
Having regard to the decrees of 24 December 1973, 26 December 1973, 10 July 1975, 21 June 1988, 5 December 1988, 7 July 1989, 24 December 1993 and 13 June 1994 expanding the scope of professional and territorial application of the national collective agreement of 14 March 1947;
Considering the statutes of the Association for the Management of the Financial Structure (ASF) as approved on June 18, 1984;
Considering the February 10, 2001 AGIRC-ARRCO Supplementary Retirement Agreement;
Considering the extension and expansion request submitted by signatory organizations on 6 March 2001;
In view of the advice on the extension and expansion of the February 10, 2001 agreement on complementary pensions AGIRC-ARRCO published in the Official Journal of January 5, 2002;
Considering the opinion of the Commission referred to in Article L. 911-3 of the Social Security Code dated 4 July 2002;
Considering that the preamble, the first part and the annex to the above-mentioned agreement have only general considerations without legal effect, some of which are related to the general old-age insurance scheme; that these provisions do not fall within the scope of the agreements referred to in Article L. 921-4; therefore, they are not likely to be extended and expanded under the extension and expansion procedure referred to in Articles L. 911-3, L. 911-4 and L. 921-4;
Considering that the first paragraph of Article III-1 establishes an association governed by the law of 1 July 1901, the Association for the Management of the AGIRC-ARRCO Fund (AGFF) ; that the purpose of the AGFF is to ensure the reimbursement to the ARGIRC and the ARRCO of the corresponding expenses, on the one hand, to the cost of a liquidation without a reduction in pension share to sixty years that, therefore, all operations under the responsibility of the AGFF are pension operations within the meaning of articles L. 921-4, L. 922-1 and L. 922-4; that the creation of the AGFF as an association thus contravenes the provisions of title II of Book IX of the Social Security Code which reserves to the complementary pension institutions and their federations the realization of the operations required by the implementation of the plans referred to in 21
Considering that the second paragraph of Article III-1 provides for the resumption by the AGFF of the assets and receivables of the Association for the Management of the Financial Structure (ASF); that the Association cannot intervene without a decision in this sense taken in the framework of the ASF itself and in accordance with its statutes;
Considering that the provisions of Article III-3 are related to the internal operation of the AGFF; that these provisions, of a statutory nature, are not likely to be extended and extended pursuant to the extension and expansion procedure referred to in Articles L. 911-3, L. 911-4 and L. 921-4,
Stop:
In accordance with the provisions of Article L. 911-3 of the Social Security Code, the provisions of the agreement of 10 February 2001 on supplementary pensions AGIRC-ARRCO, excluding the terms "as governed by the law of 1 July 1901" in the first paragraph of Article III-1 and with the exception of the preamble, part one, schedule and section III-3.
The second paragraph of Article III-1 shall be extended subject to a decision by the statutory bodies of the ASF to transfer its assets and receivables to the benefit of the AGFF.
The effect of this extension is to make the provisions of this agreement mandatory for all employees, former employees and their beneficiaries, and for all employers included in the scope of the national collective agreement for pension and foreseeance of executives of 14 March 1947, as well as for all employees, former employees and their beneficiaries and for all employers included in the scope of the agreement of 8 December 1961, in the conditions set out above.
In accordance with the provisions of Article L. 911-4 of the Social Security Code, the provisions of the agreement of 10 February 2001 on supplementary pensions AGIRC-ARRCO, excluding the terms "as governed by the law of 1 July 1901" in the first paragraph of Article III-1 and with the exception of the preamble, part one, schedule and section III-3.
The second paragraph of Article III-1 is expanded subject to a decision by the FSA to transfer its assets and receivables to the benefit of the FATF.
This enlargement made the provisions of this agreement mandatory for all employees, former employees and their beneficiaries, and for all employers included in the scope of the collective agreement of 14 March 1947, as extended by the decrees of 24 December 1973, 26 December 1973, 10 July 1975, 21 June 1988, 5 December 1988, 7 July 1989, 24 December 1993 and 13 June 1994
The Director of Social Security and the Budget Officer are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, November 13, 2002.
Minister of Health, Family
and persons with disabilities,
For the Minister and by delegation:
By preventing the Director of Social Security:
Deputy Director of Pensions and Institutions
supplementary social protection,
F. The Morvan
Minister of Social Affairs,
and solidarity,
For the Minister and by delegation:
By preventing the Director of Social Security:
Deputy Director of Pensions and Institutions
supplementary social protection,
F. The Morvan
Minister for Budget
and budgetary reform,
For the Minister and by delegation:
By preventing the Budget Director from:
Deputy Director,
D. Banquy
Note. - The text of the above-mentioned agreement was published in the Official Gazette of the Ministry, fascicle collective agreements no. 2001/13, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15.
