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Decree N ° 2008-69 22 January 2008 Amending The National Status Of The Staff Of The Electricity And Gas Industries

Original Language Title: Décret n° 2008-69 du 22 janvier 2008 modifiant le statut national du personnel des industries électriques et gazières

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Summary

Amendments to articles 1 to 3 of Decree 46-1541.

Keywords

WORK , PUBLIC SERVICE , ELECTRICITY , GAS , ELECTRICAL INDUSTRY AND GASIERE , PERSONNEL , NATIONAL STATUS , WORKING AGREEMENT , SOCIAL SECURITY , SOCIAL ASSURE , SPECIAL REGIME , COMPLEMENTARY REGIME , SOCIAL COTISATION , PENSION


JORF no.0019 of 23 January 2008 page 1198
text No. 28



Decree No. 2008-69 of 22 January 2008 amending the national status of electric and gas industry personnel

NOR: MTSS0774734D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/1/22/MTSS0774734D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/1/22/2008-69/jo/texte


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,
Given the Civil and Military Pension Code;
Vu le Social Security Codeincluding articles L. 711-1 and R. 711-1;
Vu la Act No. 46-628 of 8 April 1946 amended on the nationalization of electricity and gas, including Article 47;
Vu la Act No. 2003-775 of 21 August 2003 amended to reform pensions;
Vu le Decree No. 46-1541 of 22 June 1946 Amending the national status of electric and gas industry personnel;
In view of the letters dated 26 December 2007 by which the most representative national trade union organizations of the electric and gas industry personnel were invited to provide their views by 7 January 2008 and the opinions received;
Considering the advice of the Board of Directors of the National Fund of Electrical and Gas Industries dated 8 January 2008;
After notice of the State Council (social section),
Decrete:

Article 1 Learn more about this article...


Annex 3 to the national status of the electric and gas industry personnel approved by the above-mentioned Decree of 22 June 1946 is amended as follows:
1° In paragraph 2 of Article 1, after the paragraph: "The so-called "sedentary" services are counted for their duration. "is inserted the following paragraph:
"For persons whose recruitment as a statutory agent was made before January 1, 2009:".
2° In section 1, paragraph 6, the words: "is the annuities on which the above-mentioned benefits are deducted" are replaced by the words: "is the basis for the calculation of the above-mentioned benefits, the part-time periods being deducted for the fraction of their duration corresponding to the amount of the remuneration assessed under the special pension plan, as a result of the amount of the remuneration to which the agent could have claimed his or her pension contribution. »
3° It is inserted, after article 1st, an article 1st-1 as follows:
"Art. 1-1.-Procurement of periods 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:
"[i] either under paragraph 1 of Article 3 below;
" — either under Article 3-1 I below;
"to obtain a winding-up supplement under 1 of paragraph 3 of Article 3 below without taking this supplement into account in the insurance period defined in I of Article 3-1 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° Paragraph 1 of Article 2 is replaced by the following provisions:
Paragraph 1. The annual salary or salary used to calculate the pension, together with the residential increase provided for in Article 9 of the statute, shall be determined on the basis of the hierarchical coefficient, including the length of time, held for at least six months at the time of the termination of the pensionable services.If not, they shall be determined on the basis of the previously held coefficient.
"The amount of the so-called "end of year" gratification, set out in Article 14 of the Statute, is to be added to the said annual salaries or salaries.
"The six-month condition is not enforceable when the winding-up occurs as a result of the agent's disability or death or during a work stop following a long illness, work injury or occupational illness.
"In the event of a part-time activity, the basic remuneration for the calculation of the pension, as defined in the preceding paragraphs, is the remuneration to which the agent could have claimed if he had performed his full-time activity.
"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 3-2 of this annex. »
5° Paragraph 3, paragraph 1, is replaced by the following provisions:
“1. The duration of services and bonuses provided for in sections 1 and 1-1 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 3-3 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 percentage of the pension is set at 75% subject to the increases and bonuses granted under section 5 below.
"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 section 2 above. »
6° After Article 3, articles 3-1 to 3-3 are inserted as follows:
"Art. 3-1.-Diet and Surcote.
"I. ― Subject to the transitional provisions of Article 3-3 below, where the duration of the 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 paragraph 3 of Article 3 above, a factor of minoration, the rate of which is that provided for State officials by Article I of Article L. 14 of the Code of Pensions and Military Pensions of
"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 paragraph 3 of section 3 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 persons with disabilities whose permanent incapacity is at least 80% or to employees who are retired from duty after a 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 duration of the 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 paragraph 1 of section 3 above, without being less than one hundred and sixty quarters, and that the agent has reached the age of sixty years, an increase coefficient applies to the amount of the pension calculated under paragraph 3 of section 3 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 shall be retained for a portion of the amount of the remuneration assessed under the special pension plan in respect of the amount of the remuneration to which the officer would have been entitled if he had been engaged on a full-time basis and which would have been assessed on the plan.
"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 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 the service length increases and enhancements provided for in this annex.
"Art. 3-2.-Revalorization of pensions.
" Effective 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 3-3, III.
"Art. 3-3.-Transitional provisions.
"I. ― The duration of the services and bonuses required to obtain the maximum percentage of the pension referred to in 1 of paragraph 3 of section 3 above shall be set at one hundred and fifty and one quarter for persons meeting the conditions set out in paragraphs 1 and 2 of section 3 above between 1 July and 31 December 2008 inclusive. For persons who meet the conditions set out in paragraphs 1 and 2 of Article 3 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, then from one quarter to the 1st of July of each year to the maximum period defined atArticle 5 of Act No. 2003-775 of 21 August 2003 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 factor provided for in Article 3-1 is applicable only to persons who meet the conditions defined in paragraphs 1 and 2 of Article 3 effective July 1, 2010. For persons meeting the conditions set out in paragraphs 1 and 2 of Article 3 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 3-1. For persons meeting the conditions set out in paragraphs 1 and 2 of Article 3 after 30 June 2011, this rate increases from the same amount as 1 July of each year until the rate set out in the first paragraph of Article 3-1 is equal.
"The age at which the coefficient of minoration is canceled corresponds, for the period between July 1, 2010 and June 30, 2011 inclusive, to the reference age referred to in 1° of I of Article 3-1 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. »
7° The third paragraph of paragraph 1 of the second paragraph of Article 4 is supplemented by the following sentence: "The condition of the six months provided for in this article is not enforceable. »

Article 2 Learn more about this article...


For staff recruited as of January 1, 2009, taking into account the specificity of trades is the subject of a branch or business negotiation conducted in 2008.

Article 3 Learn more about this article...


This Order comes into force on 1 July 2008.

Article 4 Learn more about this article...


The Minister of State, Minister of Ecology, Development and Sustainable Development, the Minister of Labour, Social Relations and Solidarity and the Minister of Budget, Public Accounts and Public Service are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, January 22, 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


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