Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Social Relations and Solidarity, the Minister of State, Minister of Ecology, Sustainable Development and Development, and the Minister of Budget, Public Accounts and Public Service,
Vu le Social Security Codeincluding articles L. 711-1 and R. 711-1;
Given the Civil and Military Pension Code;
Vu la Act No. 2003-775 of 21 August 2003 amended to reform pensions, including article 5;
Vu le Decree No. 2007-730 of 7 May 2007 relating to the pension and pension fund of the staff of the Société nationale des chemins de fer français, including its article 1;
Having regard to the regulations of the staff of the Société nationale des chemins de fer français;
Considering the status of retirees of the Société nationale des chemins de fer français;
Having regard to the advice of the board of directors of the pension and pension fund of the staff of the Société nationale des chemins de fer français dated 7 January 2008;
After notice of the State Council (social section),
Decrete:
The National Railway Corporation staff pension regulations are amended to read:
1° Article 2:
(a) In the first paragraph, the words ", and at least 18 years old" are deleted.
(b) The third paragraph is deleted.
2° The last paragraph of section 4 is replaced by the following provisions:
"It is also taken into account, for the determination of the right to pension and for the calculation of the quotity of the pension, the periods of interruption or reduction of activity during which agents have benefited from parental leave, parental education leave, child-rearing leave or part-time granted to raise a child. The duration thus taken into account is limited to one year for children born or adopted before 1 July 2008 and to three years for children born or adopted from that date. In case of activity reduction, the duration taken into account is the unworked duration.
"The provisions of the preceding paragraph are exclusive, for the periods in question, of any possibility of additional validation on an expensive basis at the expense of the agent. However, for children born or adopted before 1 July 2008, officers who have previously conducted an expensive validation at their expense for the periods in question are entitled to the provisions of the preceding paragraph. »
3° It is inserted, after article 4 bis, an article 4 ter as follows:
"Art. 4 ter. - Buying years of study.
"The periods of study carried out in the schools, schools and classes mentioned in theArticle L. 381-4 of the Social Security Code may be taken into account:
" — either under Article 13 below;
" — either under Article 13-1 I below;
"to obtain a winding-up supplement under section 13 below without taking this supplement into account in the insurance period defined in section 13-1 I below.
"This can be taken into account in no more than twelve quarters, subject to the graduation and payment of the required contributions in accordance with a scale and payment terms defined under actuarial neutrality conditions by order of the Minister for Social Security and the Minister responsible for the budget.
"Student periods that have resulted in an equivalent degree from a Member State of the European Union may also be taken into account.
"The admission to major schools and classes of the second degree preparatory to these schools is assimilated to graduation.
"These quarters must not have given rise to a validation in a mandatory basic pension plan. »
4° The last paragraph of Article 7 is deleted.
5° Article 10:
(a) In the first paragraph, the words: "whose enjoyment is deferred" are replaced by the words: "whose liquidation can be requested" and the words: "and at the latest at its 55th anniversary" are deleted;
(b) The second paragraph of Article 10 is replaced by the following:
"However, officers with at least three living children (or died by war-related events) or a child with a disability of more than one year or more than 80 per cent and with at least fifteen years of effective service, excluding, inter alia, any period of availability, which cease their duties voluntarily, are entitled to a pension proportionate to the condition that they have, for each child, interrupted their activity under the conditions set out below.
"The children mentioned in the preceding paragraph are assimilated to the children listed in 1°, 2°, 3°, 4° and 5° of (a) of Article 15 below, who have been raised under the conditions provided for in the first paragraph of (a) of this article.
"The interruption of activity in the second paragraph must have had a continuous period of not less than two months in the context of maternity leave, paternity leave, adoption leave, parental leave, education parental leave, leave of absence for the upbringing of children or, for persons who have exercised a statutory or non-employed activity prior to their employment, In the event of simultaneous births or adoptions, the duration of the interruption of the activity taken into account for all the children involved is also two months.
"This interruption of activity must take place during the period between the first day of the fourth week before birth or adoption and the last day of the sixteenth week after birth or adoption.
"By derogation from the provisions of the preceding paragraph, for children listed in 2°, 3°, 4° and 5° of the a of Article 15 below that the person concerned has raised under the conditions provided for in the first paragraph of paragraph (a) of this article, the interruption of activity must intervene either before their sixteenth anniversary or before the age when they have ceased to be dependant in the sense of Articles L. 512-2 and R.
"No minimum duration of interruption of activity is required when the birth, adoption or care of the child intervened while the person concerned did not have any professional activity.
"For the purposes of Article 13 and Article 13-1, Item 13-1, the number of quarters to obtain the maximum percentage of pension is that of the date on which the pension entitlement is open to persons referred to in the second paragraph. »
6° It is inserted, after Article 10, an article 10-1 as follows:
"Art. 10-1. - Agents with disabilities.
"I. ― The age of fifty-five years resulting from articles 7 and 10 above is reduced:
« 1° Fifty-two and one-half years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in the III of Article 13-1 below, at least equal to the number of quarters referred to in the second paragraph of Article 13 below, decreased by 50 quarters, and a term of insurance that gave rise to less than contributions
« 2° Fifty-three years for persons with disabilities if warranted when they were incapacitated permanently at least 80% of an insurance period, as defined in the III of Article 13-1 below, at least equal to the number of quarters referred to in the second paragraph of Article 13 below, decreased by 60 quarters, and a period of insurance having given rise to less than the number of quarters referred to in the second paragraph of Article 13 below;
« 3° A fifty-three and a half years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in the III of Article 13-1 below, at least equal to the number of quarters referred to in the second paragraph of Article 13 below, decreased by 70 quarters, and a term of insurance that gave rise to less than contributions
« 4° Fifty-four years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in the III of section 13-1 below, at least equal to the number of quarters referred to in the second paragraph of the I of section 13 below, reduced by 80 quarters, and an insurance period that gave rise to less than the amount of their dependants
« 5° A fifty-four and a half years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in the III of Article 13-1 below, at least equal to the number of quarters referred to in the second paragraph of Article 13 below, decreased by 90 quarters, and a term of insurance that gave rise to less than contributions
"II. ― A pension increase is granted to disabled persons referred to in I above. The rate of pension increase is set at one third of the quotient obtained by dividing the duration of the services actually performed during which the individual was permanently incapacitated at least 80% by the duration of the services and bonuses allowed in liquidation. This number is rounded, if any, to the nearest one hundredth.
"The pension increase applies to the amount of the pension raised, if any, to the minimum pension provided for in section 13-2 below.
"The pension so increased cannot exceed the pension that would have been obtained by application of the maximum percentage referred to in section 13 I below. »
7° Article 13:
(a) The provisions of the first paragraph shall be replaced by the following provisions:
“1. The duration of the services and bonuses provided for in section 4 and 2 of this section and eligible for liquidation shall be expressed in quarters. In the final count of liquidable quarters, the quarter fraction equal to or greater than forty-five days is counted for one quarter. The quarter fraction below forty-five days is neglected.
" Subject to the transitional provisions of Article 23-1 below, the number of quarters required to obtain the maximum percentage of the pension is set at one hundred and sixty quarters and changes as the duration of the services and bonuses required of State officials to obtain the maximum percentage of a civil pension under the conditions defined in Article 5 of Act No. 2003-775 of 21 August 2003 on pension reform.
"The maximum pension percentage is 75%. It may be increased to 80% of the campaign profit (double) and the bonus referred to in 1° and 2° of 2 of this article.
"Each quarter is paid by bringing the maximum percentage defined above to the number of quarters resulting from the second paragraph.
"The amount of the pension shall be calculated by multiplying the percentage of liquidation as a result of the application of the preceding paragraphs by the remuneration defined in Article 14 below. »
(b) The number: "2" is inserted in front of the words: "The liquidable annuities for the calculation of the pension", and after the mention: "3°" are inserted the words: "for personnel whose admission to the permanent framework of the SNCF was pronounced before January 1, 2009,".
The last paragraph is deleted.
8° It is inserted, after Article 13, an article 13-1 as follows:
"Art. 13-1. - Decote and overcote.
"I. ― Subject to the transitional provisions of Article 23-1 below, where the term of insurance, as defined in the III below, is less than the number of quarters required to obtain the maximum percentage of the pension referred to in Article 13 above, a factor of reduction, the rate of which is that provided for State officials under Article I of Article L.14 of the Code of Civil and Military Pensions,
"The number of quarters taken into account in this calculation is equal:
« 1° The number of quarters corresponding to the period that separates the age at which the pension is liquidated from a reference age corresponding to the minimum age for the pension entitlement applicable to the insured plus five years. For persons whose opening of the right to pension is not subject to a minimum age condition, the reference age is that which would result from the application of the previous sentence if they were not exempted from such a condition.
« 2° The number of additional quarters that would be required, at the date of liquidation of the pension, to reach the number of quarters to obtain the maximum percentage of the pension referred to in 1 of section 13 above. However, the number of quarters taken into account may not exceed the difference between the said number of quarters to obtain the maximum percentage of the pension and 150, which is reduced, if any, by the number of quarters of insurance, within the meaning of the III below, coded and carried out beyond the age at which the pension entitlement is open when such a age condition exists.
"The corresponding number of quarters is rounded to the upper integer. The smallest of the two quarters resulting from the provisions of 1° and 2° above is considered.
"The lowering factor is not applicable to pensions for disabled workers whose permanent disability is at least 80% or to those of those who are retired on the basis of disability.
"The lowering factor is not applicable to reversion pensions when the liquidation of the pension that the agent could have benefited after his death in business.
“II. ― Where the period of insurance, as defined in III below, is greater than the number of quarters required to obtain the maximum percentage of the pension referred to in 1 of section 13 above, without being less than one hundred and sixty quarters, and the agent has reached the age of sixty years, an increase coefficient applies to the amount of the pension calculated under section 13 above.
"The number of quarters taken into account in this calculation is equal, on the date of the winding-up of the pension, to the number of quarters of insurance, as defined in the following III, paid and completed after July 1, 2008, beyond the age of sixty years and in addition to the number of quarters mentioned in the preceding paragraph. When the activity is carried out on a part-time basis, the number of quarters so determined is retained for a fraction equal to that defined in the authorized work regime.
"The corresponding number of quarters is rounded to the upper integer.
"The rate of the coefficient of increase is equal, by additional quarter within twenty quarters, to the rate for state officials pursuant to Article III L. 14 of the Code of Civil and Military Pensions of Retirement.
"III. ― The duration of the insurance shall be the duration of eligible liquidation services and bonuses, if any, of the insurance period and of the equivalent recognized periods validated in one or more other mandatory basic pension plans.
"For each of their children, women who have given birth after their recruitment by the SNCF receive a two-quarter insurance increase.
"A child under twenty years of age with a disability equal to or greater than 80% is eligible for an increase in the duration of their insurance in a quarter per 30-month period, within eight quarters.
"The provisions of the two preceding paragraphs are cumulative.
"For the calculation of the insurance period:
« 1° Part-time activity periods are counted as full-time activity periods.
« 2° A calendar year may not be more than four quarters, subject to increases in service life and enhancements under these Regulations. »
9° It is inserted, after Article 13-1, an article 13-2 whose title is: "Minimum pension". It is constituted by paragraphs 11 to 13 of Article 13, which are thus deleted in this article.
10° Article 14 is supplemented by a paragraph to read:
"When the winding-up of the pension is not consistent with the final termination of the activity, the remuneration, within the meaning of the preceding paragraphs, is revalued, during the period between the date of the termination and the effective date of the pension, in accordance with the provisions of section 21-1 below. »
11° Article 16:
(a) In the first paragraph, the words "or female agent" are deleted;
(b) After the first subparagraph, two subparagraphs are inserted:
"When the employee's pension has been increased to the minimum pension amount provided for in section 13-2 above, the reversion pension is increased to 51.3% as at 1 July 2008, to 52.7% as at 1 July 2009 and to 54% as at 1 July 2010.
"When the employee's pension exceeds the amount of the minimum pension provided for in section 13-2 above, the reversion pension cannot be less than the amount that would result from the application of the previous sentence. »
(c) In the fourth paragraph, the words "(or female agent)" and "(or female agent)" are deleted.
(d) The fifth paragraph is deleted.
12° Article 17:
(a) The words: "(a) Veuves" are replaced by the words: "(a) Surviving spouses »;
(b) In the first paragraph of (a), the word "widows" is replaced by the words "surviving spouses";
(c) In the last paragraph of (a), the words "the widow" are replaced by the words "the surviving spouse";
(d) In b, the words "divorced woman" are replaced by the words "divorced spouse";
(e) In the first paragraph of (c), the words: "or woman agent, retiree or retired woman" are replaced by the words: "or retired woman";
(f) In d, the words "of the female agent" are replaced by the words "of a female agent" and the last sentence is deleted.
13° Article 18:
(a) The mention: « 1° Upon death of the agent" is deleted;
(b) The words: "the widow and divorced woman or between divorced women" are replaced by the words: "the surviving spouse and the divorced spouse(s);
(c) The words "to the widow" are replaced by the words "to the surviving spouse";
(d) The words: "divorced" are replaced by the words: "divorced spouses";
(e) The words: "one of the beneficiaries" are replaced by the words: "one of the beneficiaries";
(f) The sentence: "The mother receives the amount of the shares assigned to her own children provided that she has the actual charge" is replaced by the following sentence: "The surviving spouse receives the amount of the shares assigned to her own children provided that the surviving spouse actually has the burden."
(g) The second is deleted.
14° It is inserted, after Article 18, an article 18-1 as follows:
"Art. 18-1. - Orphan's pension.
"Each orphan, within the meaning of section 17, c, is entitled to a pension equal to 10% of the pension obtained by the agent or to obtain on the day of his or her death, without the total pension awarded to the surviving spouse, divorced spouses and orphans to exceed the amount of the pension awarded or to be attributed to the agent. If there is a surplus, the temporary reduction of orphans' pensions is made. »
15° Article 19:
(a) The title is supplemented by the words: "and orphan pensions";
(b) In the first paragraph, the words: "and the orphan pension" are added after the words: "reversion pension";
(c) In the second paragraph, the words: "and orphan pension" are added after the words: "reversion pension";
(d) The provisions of the C are replaced by the following provisions: "If the divorced spouse comes in competition with other eligible persons, his pension share shall not begin to run, at the earliest, only on the first day of the quarter following that in which he justified his pension entitlement; »
(e) The d is deleted.
16° It is inserted, after Article 21, an article 21-1 as follows:
"Art. 21-1. - Revitalization of pensions.
"As of 1 January 2009, pensions are revalued from the planned rate for State officials pursuant to Article L. 16 of the Civil and Military Pension Code, subject to the transitional provisions of Article 23-1, III. »
17° It is inserted, after section 23, an article 23-1 as follows:
"Art. 23-1. - Transitional provisions.
"I. ― The duration of the services and bonuses required to obtain the maximum percentage of the pension referred to in 1 of section 13 above is 151 quarters for persons meeting the conditions set out in sections 7 to 10-1 above between July 1 and December 31, 2008 inclusive. For those who meet the conditions set out in sections 7 to 10-1 above after December 31, 2008, it increases from one quarter to January 1 and July 1 of each year to July 1, 2012 inclusive, from one quarter to December 1, 2012, and then from one quarter to July 1 of each year to the maximum period defined at theArticle 5 of Act No. 2003-775 of 21 August 2003 reform of pensions. As of 2013, the schedule of this increase is adjusted, if any, within the same time frame as provided for in the decree referred to in article III.
“II. ― The lowering coefficient provided for in I of section 13-1 above is applicable only to persons who meet the conditions set out in sections 7 to 10 above as of July 1, 2010. For persons meeting the conditions set out in sections 7 to 10 above between 1 July 2010 and 30 June 2011 inclusive, its rate is fixed by missing quarter at one-tenth of the rate set out in the first paragraph of Article 13-1 above. For persons meeting the conditions set out in sections 7 to 10 above after 30 June 2011, it increases from the same amount as 1 July of each year until the rate set out in the first paragraph of I of Article 13-1 above is equal.
"The age at which the coefficient of minoration is canceled corresponds, for the period between July 1, 2010 and June 30, 2011 included, to the reference age referred to in 1° of I of section 13-1 above reduced by sixteen quarters. For periods after June 30, 2011, this decrease is reduced from two quarters to July 1 of each year to June 30, 2013, then from one quarter to July 1 of each year to June 30, 2024 inclusive.
"III. ― The pension revalorization factor applicable to January 1, 2009 shall be determined by order of the Minister for Social Security in accordance with the provisions of the first paragraph of section L. 16 of the Civil and Military Pension Code. »
By derogation from the provisions of article 2 of the pension status, only the following elements shall be taken into account for the equalization of pensions, beginning with the publication of this decree:
― the 1/2 point of residence allowance integrated in the co-disposable and liquidable seat as of December 1, 2008;
― the work bonus (prim code 1 and 2) taken into account for the first step in expanding the year-end premium;
― the operating and holiday gratifications integrated in the co-disposable and liquidable plate on June 1, 2008;
– the general salary increases of the year 2008.
This decree comes into force on 1 July 2008, with the exception of b of 5°, 12°, 13° and 15° of Article 1st.
The Minister of State, Minister of Ecology, Development and Sustainable Development, the Minister of Labour, Social Relations and Solidarity, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for Transport 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, January 15, 2008.
François Fillon
By the Prime Minister:
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
Minister of State, Minister of Ecology,
sustainable development and development,
Jean-Louis Borloo
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Transport Officer
Dominic Bussereau
