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Decree No. 2002 - 1555 24 December 2002 On Compensation Of Victims Of Accidents Of Work And Occupational Diseases And Their Successors And Amending The Social Security Code Second Part: Decrees In Council D...

Original Language Title: Décret n° 2002-1555 du 24 décembre 2002 relatif à l'indemnisation des victimes d'accidents du travail et de maladies professionnelles et de leurs ayants droit et modifiant le code de la sécurité sociale (deuxième partie : Décrets en Conseil d...

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Summary


The provisions of art. 52 and 53 of Act 2001-1246 of 21-12-2001 on social security financing for 2002 improve compensation for victims of occupational accidents and their beneficiaries. This decree specifies the terms and conditions for the application of these provisions. Art. 1 of this text reduces the PIP rate from 100% to 80% allowing the victim to increase his/her pension when using a third person. The rate of 80% was retained by reference to other disability compensation schemes that already compensate the third person without requiring a total incapacity (compensative allowance). In addition, the above-mentioned law includes a partner of a civil solidarity pact and a concubin among the beneficiaries of the employment accident victim. It provides for a 10 per cent increase in the pension that is used to them in the event of the victim's death. The same measure is applied to annuity paid to orphan children. Accordingly, Art. 2 of the Decree increases the pension granted to the spouse, partner or concubine from 30% to 40%. In Art. 3, I defer from 16 to 20 years the age limit for the payment of annuity to children regardless of their situation; II and III increase the rent for orphans by 10 points.

Keywords

SOCIAL BUSINESS , SOCIAL SECURITY , CODE OF THE SOCIAL SECURITY , ACCIDENT OF THE WORK , MALADIA PROFESSIONAL , VICTIME , INCAPACITY , LAW , PERSONAL TIERCE , CONCUBIN , PACS , VIAGE , MAJORATION , INDEMNIUM


JORF no. 303 of 29 December 2002 page 21941
text No. 10



Decree No. 2002-1555 of 24 December 2002 on compensation for victims of occupational accidents and occupational diseases and their beneficiaries and amending the Social Security Code (Part Two: Orders in the State Council)

NOR: SOCS0223676D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/SOCS0223676D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/2002-1555/jo/texte


The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Considering the social security code, including its book IV;
Having regard to the opinion of the Commission on Industrial Accidents and Occupational Diseases of 30 January 2002;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Article R. 434-3 of the Social Security Code reads as follows:
"Art. R. 434-3. - The incapacity rate in the third paragraph of Article L. 434-2 is set at 80%. The increase referred to in the same paragraph shall be 40 per cent of the pension.
The minimum amount of this increase is determined by order of the Minister for Social Security and the Minister for Budget. »

Article 2 Learn more about this article...


Section R. 434-11 of the same code is amended as follows:
I. The first paragraph is as follows:
"The portion of the victim's annual salary that serves as the basis for the pension provided for in the first paragraph of Article L. 434-8 in favour of the spouse, partner bound by a civil pact of solidarity or concubin is set at 40%. The duration mentioned in the same paragraph is two years. »
II. - In the second paragraph, the words "30%" are replaced by the words "40%".

Article 3 Learn more about this article...


Article R. 434-16 of the same code is amended as follows:
I. - The first six paragraphs are replaced by the following paragraph:
"The age limit provided for in the first paragraph of Article L. 434-10 is 20 years. »
II. - In the seventh paragraph, which becomes the second paragraph, the words "15%" are replaced by the words "25%" and the words "10%" by the words "20%".
III. - In the last paragraph, the words "20%" are replaced by the words "30%".

Article 4 Learn more about this article...


The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister of Agriculture, Food, Fisheries and Rural Affairs, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.


Done in Paris, December 24, 2002.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Social Affairs,

and solidarity,

François Fillon

Minister of Economy,

finance and industry,

Francis Mer

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister for Budget

and budgetary reform,

Alain Lambert


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