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Decree No. 2005 - 1525 Of 8 December 2005 On The Conditions Of Termination Of Activity Of Some Masters And Documentalists Contractual Or Approved Educational Institutions Aided New Caledonia

Original Language Title: Décret n° 2005-1525 du 8 décembre 2005 relatif aux conditions de cessation d'activité de certains maîtres et documentalistes contractuels ou agréés des établissements d'enseignement privés sous contrat de Nouvelle-Calédonie

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Summary

Application of articles 21 (2° and 3° of III) and 22 of Law 99-209.

Keywords

NATIONAL EDUCATION , SUPERIOR , ASSESSMENT , ASSESSMENT , ASSESSMENT , ASSESSMENT ,


JORF n°286 of 9 December 2005 page 18991
text No. 26



Decree No. 2005-1525 of 8 December 2005 on the terms and conditions of termination of activity of certain contractual or approved masters and documentalists of private educational institutions under New Caledonia

NOR: MENX0500257D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/12/8/MENX0500257D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/12/8/2005-1525/jo/texte


President of the Republic,
On the report of the Prime Minister, the Minister of National Education, Higher Education and Research and the Minister of Overseas,
Having regard to the amended Organic Law No. 99-209 of 19 March 1999 on New Caledonia, in particular the 2nd and 3rd of Article 21 and Article 22 thereof;
Considering the education code, including articles L. 231-1, L. 442-18, L. 914-1 and L. 974-1;
Having regard to the Civil and Military Pension Code, including articles L. 18, L. 24, L. 84, L. 86-1 and R. 37;
Considering article L. 161-21 of the Social Security Code;
Having regard to amended Decree No. 64-217 of 10 March 1964 concerning the contracted and approved masters of private educational institutions under contract;
In view of the decrees No. 78-860 of 9 August 1978, No. 85-900 of 21 August 1985, No. 88-115 of 1 February 1988, No. 91-438 of 10 May 1991, Articles 12 and 13 of Decree No. 92-947 of 7 September 1992, Article 12 of Decree No. 92-1472 of 31 December 1992, Decree No. 97-382 of 16 April 1997, Article 4 of Decree No.
Having regard to Decree No. 80-7 of 2 January 1980 on the conditions of termination of activity of certain contractual or approved masters of private educational institutions under contract, as amended by Decrees No. 81-234 of 9 March 1981, No. 85-586 of 7 June 1985 and No. 93-1156 of 11 October 1993;
In view of Decree No. 87-25 of 15 January 1987 on the consideration of the periods of payment of tuberculosis care allowance for civil and military pensions;
Considering the opinion of the Government of New Caledonia of 13 July 2005;
Having regard to the opinion of the Higher Education Council of 19 May 2005;
The State Council (inland section) heard;
The Council of Ministers heard,
Decrete:

Article 1 Learn more about this article...


Contractual or approved masters and documentalists of private educational institutions under New Caledonia, to which a final contract or approval has been granted pursuant to the aforementioned decree of 10 March 1964, may, under the conditions set out below, cease their activity and benefit from pension benefits established by the social security regulations in force in New Caledonia.
When their institution has been decided, the pension benefits mentioned in the preceding paragraph can only be granted to the masters and documentalists justifying fifteen years of service listed in Article 5 of this Order.
However, the condition of fifteen years of service set out in the preceding paragraph is not enforceable to the masters and documentalists who are in the permanent inability to perform their functions, provided that the latter has been recognized by the competent reform committee with respect to government officials.

Article 2 Learn more about this article...


The masters and documentalists mentioned in Article 1 may cease their activity when they reach the age of sixty.
However, those of them who justify fifteen years of full-time or part-time service during which they have benefited from the indiciary regime of teachers holding public education may cease their activity when they reach the age of fifty-five years. They may claim, in order to complete the fifteen years of services so required, to take into account:
1° Full-time services performed in the first-degree classes of a private educational institution, with the exception of services that are entitled to the salary scale of teachers in schools;
2° Completed full-time or part-time services as an instituter of the public service of the State, provided that they are not taken into account in the granting of a pension from the civil and military pension system of the State.

Article 3 Learn more about this article...


I. - The age conditions referred to in Article 2 are not enforceable:
1° To contract or approved masters and documentalists meeting the conditions set out in the third paragraph of Article 1;
2° To contract or approved masters and documentalists whose spouse is suffering from incurable infirmity or illness, placing him unable to practise any profession, provided that either of them has been recognized by the competent reform committee with respect to government officials;
3° To contract or approved masters and documentalists parents of three living children, or died by war, or of a living child, who is more than one year old and who has a disability equal to or greater than 80%, provided that they have, for each child, interrupted their activity under the conditions applicable to state officials defined in Article L.24, 3° of the Civil and Military Pension Code.
II. - The age requirement of sixty years referred to in the first paragraph of Article 2 shall be lowered for contracted or approved masters and documentalists with disabilities in accordance with the rules and conditions applicable to State officials defined in Article L. 24, paragraph 5, of the Civil and Military Pension Code.
Contractual or approved masters and documentalists referred to in the preceding paragraph are entitled to a pension based on the number of quarters required to obtain the full rate.

Article 4 Learn more about this article...


The masters and documentalists mentioned in Article 1 cease their activity when they reach the age of sixty-five years. They can, however, be held up to the end of the school year in which they reach this age limit.
Those of the masters and documentalists who benefit from the system of remuneration of teachers who hold public education cease their activity when they reach the age of sixty. They can, however, be held up to the end of the school year in which they reach this age limit. In addition, they may be allowed each year to extend their activity for the duration of a school year, at the latest until the end of the school year in which they reach the age of sixty-five years.
The Vice-President is competent to grant or refuse the authorization provided for in the preceding paragraph.

Article 5 Learn more about this article...


Can only be taken into account for the application of the second paragraph of Article 1:
1° Services performed in private educational institutions or in training tasks for private teachers and documentalists, provided that these services have been validated in the context of the social security regulations in force in New Caledonia;
2° The services performed as a teacher in public education, provided that they are not taken into account in the concession of a pension of the civil and military pension plan of the State;
3° Military services provided that they are not taken into account in the concession of a pension or reform balance under the state pension system;
4° For teachers who have practised in primary classes, the schooling carried out from eighteen years in private educational training centres that have concluded a convention with the State;
5° The periods during which the tuberculosis care allowance defined in Article L. 161-21 of the Social Security Code was paid, within nine years and under the conditions established by the decree of January 15, 1987 referred to above.

Article 6 Learn more about this article...


The services listed in Article 5 are deducted on a pro rata basis of their actual duration when completed on incomplete time.
However, part-time education services are taken into account in their entirety for the opening of the pension entitlement.

Article 7 Learn more about this article...


When their institution has been decided by the social security regulations in force in New Caledonia, the pension benefits referred to in section 1 are not cumulative with remuneration paid by one of the communities referred to in section L. 86-1 of the Civil and Military Pension Code.

Article 8 Learn more about this article...


The Prime Minister, the Minister of National Education, Higher Education and Research and the Minister of Overseas are responsible, each with respect to him, for the implementation of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, 8 December 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

Minister of National Education,

higher education

and research,

Gilles de Robien

The overseas minister,

François Baroin


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