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Decree No. 2008-637, June 30, 2008, On The Regulation Of Pensions Of The Staff Of The Régie Autonome Des Transports Parisiens

Original Language Title: Décret n° 2008-637 du 30 juin 2008 portant règlement des retraites du personnel de la Régie autonome des transports parisiens

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Summary

Repeal of Decrees No. 2005-1639 of 26 December 2005 and No. 2008-48 of 15 January 2008.
Partly repealed: Article 39 (2nd subparagraph) (Decree No. 2015-1872 of 30 December 2015).

Keywords

WORK , PARISIAN TRANSPORT , AUTONOME REGION OF PARISIAN TRANSPORT , PERSONNEL , SOCIAL SECURITY , SOCIAL ASSURE , PENSION , RETRAITE , CAISSE DE RETRAITE , SOCIAL ASSURANCE , SPECIAL , SOCIAL COTISATION , REGULATION , REGULATION ,


JORF n°0152 of 1 July 2008 page 10556
text No. 24



Decree No. 2008-637 of 30 June 2008 regulating the retirements of the staff of the Autonomous Régie des transports parisiens

NOR: MTSS0813151D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/6/30/MTSS0813151D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/6/30/2008-637/jo/texte


The Prime Minister,
On the report of the Minister of Labour, Social Relations, Family and Solidarity, the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, and the Minister of Budget, Public Accounts and the Public Service,
Vu le Civil codein particular its article 1;
Vu le Social Security Codeincluding articles L. 711-1 and R. 711-1;
Considering the code of social action and families;
Given the Civil and Military Pension Code;
Considering the Code of Military Disability Pensions and War Victims;
Considering the rural code;
Vu le Labour code ;
Vu la Act No. 2003-775 of 21 August 2003 amended to reform pensions, including article 5;
Vu la Act No. 2005-102 of 11 February 2005 amended for equal rights and opportunities, participation and citizenship of persons with disabilities;
Vu le Decree No. 59-157 of 7 January 1959 amended on the organization of passenger transport in Ile-de-France, including its article 4;
Vu le Decree No. 59-1091 of 23 September 1959 amended by statute of the Autonomous Régie des transports parisiens, in particular its article 6;
Vu le Decree No. 2005-1636 of 26 December 2005 relating to the financial agreements passed by the special pension plan of the staff of the Autonomous Régie des transports parisiens, at the rate and at the rate of contributions received by this plan and amending the plan Decree No. 59-157 of 7 January 1959 concerning the organization of passenger transport in Ile-de-France;
Vu le Decree No. 2005-1637 of 26 December 2005 amended on the resources of the staff pension fund of the Régie autonome des transports parisiens;
Vu le Decree No. 2005-1639 of 26 December 2005 concerning the regulation of pensions of the staff of the Autonomous Régie des transports parisiens;
Having regard to the advice of the board of directors of the staff pension fund of the Régie autonome des transports parisiens dated 12 June 2008;
Given the emergency;
After notice of the State Council (social section),
Decrete:

  • TITRE IER: REGULATIONS OF THE PERSONNEL OF THE AUTONOME REGION OF PARISIAN TRANSPORT
    • CHAPTER IER: GENERAL PROVISIONS Article 1 Learn more about this article...


      Are affiliated with the special pension plan of the staff of the Autonomous Régie des transports parisiens :
      1° Agents and former agents of the permanent governing body, including interns and commissioned persons;
      2° Persons who entered into a learning contract with the Board after June 30, 2008Article L. 6221-1 of the Labour Code or a contract of professionalizationArticle L. 6325-1 of the same code ;
      3° Pension holders served under this decree;
      4° The persons entitled to the persons mentioned in 1° to 3°.

      Article 2 Learn more about this article...


      For the purposes of this decree, the jobs of the board are classified into two categories:
      1° First category: sedentary services;
      2nd category: active services.
      Employment in active services is divided into two groups whose nomenclature is set out in tables A and B annexed to this Order.
      All jobs that are not listed in tables A and B annexed to this Order are classified as sedentary services.

      Article 3 Learn more about this article...


      Insurance periods may only be deducted for the determination of pension entitlement if they have given rise to a minimum of contributions. In the event of a manifest force or impossibility for the insured to demonstrate the payment of contributions, the insured may be made using evidence or consistent presumption.

      Article 4 Learn more about this article...


      The winding-up of the pension shall be at the request of the insured under the conditions set out in section 5 when he is entitled to claim it, or on his own motion under the conditions laid down in section 13.

      Article 5 Learn more about this article...


      The insured person indicates the date on which he wishes to enter the pension, which is necessarily the first day of a month and cannot be preceded by the filing of the application.
      If the insured person does not specify the date on which he wishes to enter the pension, the insured person shall take effect on the first day of the month following receipt of the application.

    • CHAPTER II: CONSTITUTION OF THE RIGHT TO PENSION Article 6 Learn more about this article...


      The right to pension shall be subject to an effective period of at least one year, subject to the provisions of Article 51, VI.
      This right is open:
      1° No age condition:
      (a) When the insured person is reformed under the conditions defined in Article 13;
      (b) When the insured person is a parent of three children, living or deceased by war, or a child who is more than one year old and has a disability equal to or greater than 80%, provided that the insured person justifies at least fifteen years of effective civil service for retirement and an interruption of activity for each child of a continuous duration of at least two months between the first day of the fourth week before the adoption. The children who were raised by the insured for at least nine years prior to their sixteenth birthday or before they ceased to be dependent within the meaning of the Family Benefits Regulations, as well as children born, adopted or collected before the parent's employment with the pensioner.
      The interruption of the activity must take place in the following leave: maternity leave, paternity leave, adoption leave, parental education leave, parental leave, leave without pay provided that the employee did not exercise an employee or non-employed activity during the leave. In the event of simultaneous births or adoptions, the continuous duration of the interruption of the activity taken into account for all the children involved is also at least two months. For the children collected, the absence or interruption of activity for a continuous period of at least two months must take place during the period of education, either before the sixteenth anniversary, or before the age at which the child ceases to be dependant within the meaning of the regulations relating to family benefits, the interruption of activity in one of the leave mentioned in this paragraph.
      The condition of interruption of activity is not required in the following cases: lack of professional activity at the time of birth or adoption of children, this period should not have given rise to a mandatory contribution to a basic pension plan; insured who, on his or her own exclusive charge, has raised each of the children concerned for at least nine years before they have ceased to be dependant under the Family Benefits Regulations;
      (c) Where warranted, in accordance with the terms set out in the last paragraph of section 45, that the insured person or his or her spouse is suffering from incurable infirmity or illness that permanently prevents him from earning his or her life, provided that the insured person justifies at least fifteen years of effective and retired civilian services;
      2° At the age of fifty years for insured persons who justify twenty-five years of service in a second category of employment in Table B annexed to this Order, subject to the provisions of Articles 9 to 11;
      3° At the age of fifty-five years for insured persons who justify twenty-five years of service in a second category of employment in the table annexed to this decree, subject to the provisions of articles 8 to 11;
      4° At the age of sixty years in all other cases, subject to the provisions of Articles 7 and 8, the second paragraph of Articles 9 and 10 and the second paragraph of Article 11.

      Article 7 Learn more about this article...


      I. ― The age of the 4th of Article 6 is lowered for disabled persons:
      1° Fifty-five years for those who have completed in the special pension plan of the board and, where applicable, in one or more other mandatory pension plans, while they were incapacitated permanently at least 80%, an insurance period or periods recognized at least equal to the duration defined in the second paragraph of section 23 diminished by forty quarters and an insurance period that gave rise to less than contributions
      2° Fifty-six years for those who have completed, under the conditions set out in 1°, an insurance period or periods recognized at least equal to the duration defined in the second paragraph of Article 23 reduced by fifty quarters and an insurance period that has given rise to dependant contributions at least equal to that same reduced duration of seventy quarters;
      3° Fifty-seven years for those who have completed, under the conditions set out in 1°, an insurance period or periods that are recognized at least equal to the duration defined in the second paragraph of Article 23 reduced by sixty quarters and an insurance period that has given rise to dependant contributions at least equal to that same reduced duration of eighty quarters;
      4° Fifty-eight years for those who have completed, under the conditions set out in 1°, an insurance period or periods recognized at least equal to the duration defined in the second paragraph of Article 23 diminished by seventy quarters and an insurance period that has given rise to deducted contributions at least equal to that same reduced duration of ninety quarters;
      5° Fifty-nine years for those who have completed, under the conditions set out in 1°, an insurance period or periods recognized at least equal to the duration defined in the second paragraph of Article 23 reduced by eighty quarters and an insurance period that has given rise to contributions to their dependants at least equal to that same reduced duration of one hundred quarters.
      II. ∙ For the purposes of I, persons with disabilities with disabilities with a permanent disability of at least 80% are as follows:
      1° Insurers justifying a permanent disability rate equal to or greater than the rate set at first paragraph of Article L. 241-3 of the Code of Social Action and Families for the issuance of the disability card;
      2° Insurers justifying a permanent disability rate equal to or greater than the rate established under the provisions of the first paragraph of Article L. 821-1 of the Social Security Code for the allocation of the allowance to disabled adults;
      3° Insured persons with category C disability status in accordance with provisions of articles L. 323-10 and L. 323-12 of the Labour Code in their earlier writing Act No. 2005-102 of 11 February 2005 referred to aboveor recognized as workers with a heavy disability under the provisions of Article L. 5212-9 of the same code ;
      4° Insured persons with disability pension 2° and 3° of Article L. 341-4 of the Social Security Code ;
      5° Registered insured persons who are totally unfit for the exercise of the agricultural profession pursuant to the provisions of the first paragraph of theArticle L. 732-8 of the Rural Code or 1° and 2° of Article 1106-3 of the Rural Code old;
      6° Insurers justifying a total and final disability pursuant to the provisions of the 1st of Article 1 of the Schedule to the Order of July 30, 1987 approving the regulation of the disability and loss insurance scheme of non-employed workers in artisanal occupations;
      7° Insured persons recognized as invalid under the provisions of 2° and 3° of Article 6 of the Schedule to the Order of January 26, 2005 approving amendments to the Regulation of the Disability Insurance Plan of the National Autonomous Organization of Industrial and Commercial Professions;
      8° Insured persons who are victims of a work accident, travel accident or occupational illness as defined in Book IV of the Social Security Code justifying a permanent disability rate equal to or greater than 66%;
      9° Insured victims of bodily harm justifying a 44% disability rate, established by a transaction based on the medical examination scale or by a court decision.

      Article 8 Learn more about this article...


      I. ― A. ― For insured persons who have held different class jobs under this decree, the age of owed is obtained by lowering the age of sixty years of equal time:
      1° To the two-fifths of the duration of the services performed in a second category in table B annexed to this decree, with a maximum of ten years;
      2° A fifth of the duration of the services performed in a second category of employment in table A annexed to this Decree, with a maximum of five years.
      B. ― For insured persons referred to in A, the required service time is obtained by lowering the duration of thirty years of a time equal to the fifth of the duration of the services performed in a second class employment, with a maximum of five years.
      II. ― The provisions of the I may not have the effect of lowering the age of the opening of the right to pension under fifty years for an insured person who has been employed in the second category in Table B annexed to this Order, nor less than fifty-five years for an insured person who has been employed in the first or second category in Table B annexed to this decree.

      Article 9 Learn more about this article...


      The ages and durations of service or insurance provided for in 2° to 4° of Article 6 and in Article 7 shall be reduced by one year for each of the children of insured persons born or adopted before 1 July 2008, including children born or adopted before the date of their recruitment by the board, provided that the persons concerned justify an interruption of activity under the conditions provided for in b of 1° of Article 6.
      Insured persons under 4th of Article 6 shall be entitled to the provisions of this Article if they justify a period of thirty years of service valid in a first class employment, the duration being reduced under the conditions defined in the first paragraph.
      The reduction in the service life resulting from this article shall not exceed five years.

      Article 10 Learn more about this article...


      For the insured veterans, the ages and durations of services or insurance provided for in 2° to 4° of Article 6 and in Article 7 are reduced to a maximum of half of the periods that allow them to benefit from double campaign during a war or shipment declared a war campaign.
      Veterans under section 6, 4, shall be provided with the provisions of this section if they warrant a period of thirty years of service valid in the first class of employment, the duration being reduced under the conditions defined in the first paragraph.

      Article 11 Learn more about this article...


      I. ― For war-reformed insured persons within the meaning of the Code of Military Disability Pensions and War Victims, with a disability of at least 25 per cent and subject to the provisions of 2° and 3° of Article 6 and Articles 7 and 8, the ages set out in these articles are reduced, for each disability fraction of 10 per cent, by six months for those who are in the first category and three months for those who are in the second category.
      For war-reformed insured persons within the meaning of the Code of Military Disability Pensions and War Victims, with a disability of not less than 25 per cent and which fall under the provisions of Article 6, the age of opening of the right to pension shall be reduced, for each disability of 10 per cent, by six months when the persons concerned total a period of validity within the meaning of Article 19 at least 25 years
      II. ― For the purposes of the provisions of I, there is no mention of disability fractions of 5%.
      III. ― insured persons referred to in I may claim either early retirement resulting from the provisions of I or early retirement resulting from the provisions of Article 10.

      Article 12 Learn more about this article...


      Subject to the provisions of Article 11, the reductions in the age and duration of services or insurance provided for in Articles 7 to 11 are cumulative.

      Article 13 Learn more about this article...


      I. ― Any insured that a disease, injury or infirmity makes it impossible to occupy a job on the board may request its reform.
      The board may issue the reform of an employee that a sickness, injury or infirmity renders it unable to remain at its service.
      II. ― The decision to reform is taken by the board after consultation with the medical board provided for in the statute of the staff of the board, in which, in addition, a doctor of the pension fund of the staff of the board of the board of directors sits. This decision shall take effect except as a reasoned objection from the director of the caisse made to the board within fifteen days or appeal filed by the person concerned under the conditions set out in article 95 of the statute of the staff of the board in its writing annexed to this decree.
      An immediate retirement pension shall be terminated regardless of the duration of service performed by the insured at the time of the termination of his or her duties on the board.

      Article 14 Learn more about this article...


      For the purposes of the condition provided for in the first paragraph of Article 6, the effective services performed on the member's board shall be retained between the date of admission and the last day of the month in which the member leaves the board, and that rule shall also apply in the case of readmission to the pension plan prior to the liquidation of the pension.
      For the purposes of the preceding paragraph, part-time activity periods are deducted as full-time activity periods.

      Article 15 Learn more about this article...


      Persons who have been affiliated under the 2nd of Article 1 and who have not been admitted to the permanent framework of the board are not subject to the provisions of this chapter.

    • CHAPTER III: LIQUIDATION OF THE PENSION Article 16 Learn more about this article...


      Be taken into account for the opening of the pension entitlement and the calculation of the pension, provided that the dues are paid during the corresponding period under the conditions set out in section 48:
      1° The period spent on availability for breastfeeding and artificial breastfeeding, in accordance with the provisions of Article 24 (a) and (b) of the Staff Regulations of the Board in their writing annexed to this Decree, for children born before 1 July 2008;
      2° The period spent in special availability pursuant to 1° and 2° of Article 33 of the statute of the staff of the board in their writing annexed to this decree;
      3° The period spent in special availability pursuant to the 3rd and 4th of Article 33 of the statute of the staff of the board in their writing annexed to this decree.

      Article 17 Learn more about this article...


      Periods of study in schools, schools and classes mentioned inArticle L. 381-4 of the Social Security Code may be taken into account:
      1° Either under Article 23;
      2° Either under Article 24;
      3° Either to obtain a winding-up supplement under section 23 without taking this supplement into account in the insurance period defined in section 24 I.
      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. Admission to large schools and classes of the second degree preparatory to these schools is assimilated to graduation. Periods of study that have resulted in an equivalent degree from a Member State of the European Union may also be taken into account.
      These quarters should not have resulted in a validation in a mandatory basic pension plan.

      Article 18 Learn more about this article...


      Part-time work periods may be taken into account as full-time work periods, subject to the payment of a pension allowance determined under the conditions set out in section 49.
      This consideration may not increase the duration of the periods defined in section 19 by more than four quarters or by eight quarters for persons with disabilities whose permanent disability is at least 80%.

      Article 19 Learn more about this article...


      I. ― Consideration shall be given to the opening of the pension entitlement and to the calculation of the pension:
      1° Actual services as defined in the first paragraph of Article 14. For the purposes of sections 6 to 13, part-time activity periods are considered as full-time activity periods. For the calculation of the pension and subject to the provisions of Article 18, part-time activity periods shall be taken into account because of the fraction of their duration equal to the ratio between the duration of the services performed and full-time service obligations;
      2° Availability periods under the conditions defined in Article 16;
      3° Periods of study in the conditions defined in 1° and 3° of Article 17;
      4° Military and assimilated services, including the time spent in detention or deportation by deportees and internees, determined in accordance with the rules applicable to civil officials of the State. However, military services are not taken into account when they have been either paid by a pension or by a reform balance served under the Civil and Military Pension Code, or performed by a commitment or re-engagement outside of the service's age class flags even if they are not paid by a pension served under the same code. However, the application of this provision may not have the effect of taking into account in the pension a time of service less than that due to the officer's age class in the event that this time was actually accomplished by the person concerned, or exclude from the opening of the law and the calculation of the pension the services performed voluntarily during the duration of hostilities, during a war or a declared campaign shipment of war;
      5° Within nine years, the periods in which the insured persons received the tuberculosis allowance provided for in the tuberculosis allowanceArticle L. 41 of the Code of Military Disability Pensions and War Victims, including those where they have been hospitalized due to the condition that the service of that allowance has been justified, provided that they are not liable to be taken into account in any other title or paid in any other pension under theArticle R. 173-18 of the Social Security Code ;
      6° Periods of interruption or reduction of activity during which insured persons have benefited, for children born or adopted as of 1 July 2008, from parental leave, parental leave of education, from leave of absence for breastfeeding and artificial breastfeeding provided for by the a and b of Article 24 of the statute of the employees of the Laven in their drafting annexed to this decree, from leave without pay granted The time taken into account is limited to three years per child. In case of activity reduction, the duration taken into account is the unworked duration.
      II. ∙ The periods referred to in 1° of Article 16 and 3° to 6° of this Article shall be counted as sedentary service periods within the meaning of Article 2.
      The periods referred to in 2° and 3° of Article 16 are deducted, by analogy to the classification provided for in Article 2, according to the nature of the activity of the agent in that position.
      The periods in the special rotation position referred to in Article 21 of the Staff Regulations in its writing annexed to this Order are deducted as service periods of the class to which the officer belonged on the date on which he was placed in that position.

      Rule 20 Learn more about this article...


      For the calculation of the pension:
      1° Insured persons who have been admitted to the administration before 1 January 2009 are entitled to a service bonus equal to the fifth of the service life actually performed in one of the second category jobs in Table B annexed to this Order, with a maximum of five years;
      2° Insured persons who have been admitted to the Board prior to January 1, 2009, receive a service bonus equal to half of the service life actually completed after the age of fifty in one of the second category jobs in the second part of the table annexed to this decree, with a maximum of five years;
      3° A renewal of one year is granted for children born, adopted or collected before 1 July 2008 for the benefit of insured persons who meet the conditions defined in b of 1st Article 6;
      4° Campaign profits are granted under the same conditions as for civil servants of the State. The maximum percentage set out in section 23 may be increased by five points of the head of these campaign benefits.
      The cumulative bonuses under 1° and 2° may not result in a total bonus over five years.

      Article 21 Learn more about this article...


      The computation of the periods defined in articles 14 and 16 to 19 shall be carried out from day to day, each month being counted for thirty days.

      Article 22 Learn more about this article...


      The pension is calculated on the elements of compensation subject to contribution corresponding to the benchmark coefficient applicable to the insured during the last six months of his activity.
      In the event of a change of situation over the past six months, the compensation elements for the benchmark coefficient that was applicable to the insured prior to that period shall be taken into account, except in the following circumstances: if there has been a demotion for professional misconduct, when the change of situation results only from a general revision of the remuneration or when the out-of-service or death of the insured results from an accident on-service or on- occasion.
      In the event of a part-time activity, the pension is calculated on the compensation elements to which the insured person could have claimed if he had exercised his full-time activity.
      Where the termination of the pension is not concurrent with the termination of office, the remuneration set out in this section shall be revalued, for the period between the date of separation and the date of payment of the pension, in accordance with the provisions of Article 42.

      Article 23 Learn more about this article...


      The duration of the periods and bonuses referred to in sections 19 and 20 taken into account 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 taken into account for a quarter. The quarter fraction below forty-five days is not taken into account.
      Subject to the provisions of section 51, the number of quarters required to obtain the maximum percentage of the pension is set at one hundred and sixty quarters. It evolves 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 theArticle 5 of Act No. 2003-775 of 21 August 2003 referred to above.
      The maximum pension percentage is 75 per cent.
      Each quarter shall be paid by the maximum percentage defined in the third paragraph in the number of quarters resulting from the second paragraph.
      The amount of the pension is calculated by multiplying the percentage of liquidation as a result of the application of the preceding paragraphs by the remuneration defined in Article 22.

      Article 24 Learn more about this article...


      I. ― Subject to the provisions of section 51, where the term of insurance defined in the III is less than the number of quarters required to obtain the maximum percentage of the pension referred to in section 23, a factor of reduction equal to that provided for in the I of Article L. 14 of the Civil and Military Pension Code applies to the amount of the pension calculated under section 23 within the 20-quarter limit.
      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 insured persons whose opening of the right to pension is not subject to a minimum age condition, the reference age is the age that would result from the application of the first paragraph of I 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 section 23. However, the number of quarters taken into account may not exceed the difference between this 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, which is paid and carried out beyond the age at which the pension entitlement is opened when such a condition of age 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° is considered.
      The lowering factor is not applicable to insured persons under sections 7 and 13. Nor is it applicable to reversion pensions when the liquidation of the pension that the insured person could have benefited comes after his death in business.
      II. ― Where the term of insurance defined in the III is greater than the number of quarters required to obtain the maximum percentage of the pension referred to in section 23, without being less than one hundred and sixty quarters, and the insured has reached the age of sixty years, a multiplier shall apply to the amount of the pension calculated under section 23.
      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 services performed after July 1, 2008, beyond the age of sixty years and in addition to the number of quarters referred to 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 increase is equal, by additional quarter within 20 quarters, to the rate for state officials under the III of theArticle L. 14 of the Civil and Military Pension Code.
      III. ― The duration of insurance shall be the duration of the periods and bonuses taken into account for the increased liquidation, if any, of the duration of insurance and the equivalent periods validated in one or more other mandatory basic pension plans.
      For each of their children born as of July 1, 2008, women who have given birth after their recruitment by the board receive an insurance increase of two quarters for the first child and four quarters for the other children. This increase in the duration of insurance cannot be combined with the periods taken into account under 6° I of section 19 when they are greater or equal to that increase.
      Insured persons who raise a child under the age of 20 with a disability equal to or greater than 80 per cent at their home receive an increase in their term of insurance per 30-month period, within eight quarters.
      The provisions of the preceding two paragraphs are cumulative.
      For the calculation of the insurance duration:
      1° Part-time activity periods are counted as full-time activity periods;
      2° A calendar year may not count for more than four quarters, subject to increases in service life and enhancements provided by this Order.

      Rule 25 Learn more about this article...


      The pension is increased for insured persons who have raised at least three children for nine years prior to their sixteenth birthday by 10% of the amount for the first three children and by 5% per child beyond the third, without the total of the increased pension being able to exceed the amount of the remuneration determined in section 22.
      Children entitled to majoration are children born of the insured whose filiation is established, adopted children, children collected at the home of the pensioner who are placed under guardianship or who are born of the spouse and born of a previous marriage, as well as children who have died as a result of war.
      To be taken into account, each child collected must have been raised within the meaning of the Family Benefits Regulations by the insured for at least nine years prior to the sixteenth anniversary or before he or she has ceased to be dependant within the meaning of the Regulations.

      Rule 26 Learn more about this article...


      A pension increase is granted to insured persons under the provisions of Article 7. The rate of this increase is set at one third of the quotient obtained by dividing the actual service duration during which the individual was permanently incapacitated at least 80% by the duration of the periods and bonuses allowed in liquidation. This number is rounded, if any, to the nearest one hundredth.
      The application of this increase may not have the effect of bringing the pension to an amount greater than the amount it would have achieved, without this increase, in the case of an insurance period in the plan equal to the period referred to in the second paragraph of section 23.
      The pension under this section shall, where applicable, be increased to the minimum amount determined in section 27.

      Rule 27 Learn more about this article...


      The pension cannot be less:
      1° The amount guaranteed under the conditions provided by theArticle L. 17 of the Civil and Military Pension Code for a pension calculated on twenty-five liquidable annuities. However, in the case of a pension calculated in this plan for less than 25 liquidable annuities, this amount is reduced by 4% per missing year;
      2° A 75% of the compensation elements used to calculate the pension acquired as a result of a disability resulting from either an act of dedication performed in a public interest or by exposing its days to save the life of one or more persons, or from a sustained struggle or an attack suffered during the duties. The pension is, however, taken into account in conjunction with the annuity that may be granted under the Labour Accidents and Occupational Diseases Act;
      3° 50% of the compensation elements used to calculate the pension for insured persons under section 11;
      4° In the amount of the disability pension awarded under the general social security system if the individual meets the conditions to be entitled to the insured under section 13. In the case of a worsening of pre-existing infirmities, the disability rate is assessed against the remaining validity of the agent;
      5° The amount of the allowance mentioned in theArticle L. 815-1 of the Social Security Code when the individual meets the conditions to be entitled to it.

    • CHAPTER IV: RIGHTS OF CONJOINTS AND ORPHELINS Rule 28 Learn more about this article...


      Surviving spouses of insured persons under this Order are entitled to a reversion pension equal to 50% of the pension obtained by the spouse or obtained on the day of his death.
      In addition to the reversion pension, where the surviving spouse is a parent of the children entitled to the increase provided for in section 25, half of that increase.

      Rule 29 Learn more about this article...


      I. ― The right to a reversion pension is subject to the following conditions:
      1° Marriage has been contracted prior to the reform or death of the spouse if the spouse has obtained or could obtain a pension in the case provided for in paragraph 1 of Article 6;
      2° Marriage was contracted at least two years before the termination of the activity or the death of the spouse, if the spouse obtained or could obtain a pension in the other cases provided for in Article 6, unless one or more children are married.
      II. - Where the conditions set out in I are not met, the right to a reversion pension is open:
      1° If the marriage lasted at least four years. In this case, the effective date of the reversion pension cannot be earlier than the fifty-fifth anniversary of the surviving spouse;
      2° If the marriage lasted for at least two years and one or more children are married. In this case, the effective date of the reversion pension is immediate.

      Rule 30 Learn more about this article...


      The beneficiaries of a reversion pension remarried, linked by a civil pact of solidarity or living in cohabitation receive, without further revalorization, the pension they previously benefited from their new status.
      Recipients of a re-married reversion pension that have been re-married, divorced or separated from the body shall be entitled to full pension if they are at least sixty years of age or fifty-five years of age in the event of a work disability equal to or greater than 80%. The same is true for beneficiaries of a reversion pension linked by a civil pact of solidarity when it is terminated the pact, as well as for those living in cohabitation when it ceases.

      Rule 31 Learn more about this article...


      I. ― Each orphan is entitled, up to the age of twenty-one years, to a pension equal to 10% of the pension that the parent has or would have obtained on the day of his or her death, without the total pension allocated to all eligible persons being entitled to exceed the amount of the pension awarded or that would have been awarded. In the event of a surplus, the temporary reduction of orphans' pensions is made.
      II. ∙ In the event of the death of the second parent or if the second parent fails to meet the conditions to be entitled to a pension, the rights defined in the first paragraph of section 28 shall pass to children under twenty-one years of age and the pension of 10% shall be maintained to each of them within the maximum limit set out in I.
      III. ― For the purposes of I and II, children who are affected on the day of the death of their parent of permanent infirmity who are unable to earn their lives are considered to be children under twenty-one years of age.
      IV. ― Children ' s pensions cannot, in total, be less than the amount of the family benefits the parent would have benefited.
      V. ∙ Adoptive children are considered to be orphans of father and mother.

      Rule 32 Learn more about this article...


      Where there is a surviving spouse and children under the age of twenty-one years of two or more beds as a result of one or more previous marriages of the insured, the reversion pension is maintained at the rate of 50% and that of orphans is fixed for each of them to 10% under the conditions set out in I of section 31.
      When children under twenty-one years of age from various beds are orphans of father and mother, the pension that would have been allocated to the surviving spouse under the first paragraph of Article 28 is equally divided between each group of orphans, the pension of 10% of children being, in this case, allocated under the conditions provided for in Article II 31.

      Rule 33 Learn more about this article...


      I. ― Any person separated from a body or divorced person shall be entitled to the reversion pension provided for in the first paragraph of section 28, subject to the conditions set out in sections 28 to 30. His children under the age of twenty-one years are entitled to an orphan pension under Article 31, I, under the conditions set out in Article 31 and 32.
      II. ― A divorced person who remarries, enters into a civil pact of solidarity or lives in marriage before the death of his former spouse loses his or her pension rights.
      III. ― Where at the death of the insured there are several spouses, survivors or divorced, entitled to the pension defined in the first paragraph of section 28, the pension shall be shared among them on the prorated basis of the respective duration of each marriage. This sharing is effected upon the liquidation of the rights of the first of them upon request.
      The pension quota for each eligible person begins to run only from the day he or she has applied for liquidation.
      Upon the death of one of the beneficiaries, its share increases the share of the survivor(s) except for the right to benefit of children under twenty-one years of age.

      Rule 34 Learn more about this article...


      Pensions for reversion and orphans take effect on the day after the death of the insured, subject to the provisions of 1° of II of Article 29 and the last paragraph of III of Article 39.

      Rule 35 Learn more about this article...


      When an insured person, who has a pension granted under this Order, has disappeared from his home and more than six months have elapsed without his or her claim for the termination of his or her pension, his or her spouse and children under the age of twenty-one years may obtain, on a provisional basis and with effect from the day that the pension ceased to be paid, the liquidation of rights that would be opened to them in the event of the death of the insured person.
      When an insured person, not yet a pensionable pension under this Order, has disappeared from his or her home for more than six months, his or her spouse and children under the age of twenty-one years may obtain, on a provisional basis and with effect of the day of the disappearance, the liquidation of rights that would be opened to them in the event of the death of the insured person.
      The provisional liquidation of the rights of the spouse or children becomes final when the death is officially established or when the absence has been declared by a judgment passed in force of a finding.

    • CHAPTER V: PENSION SERVICE Rule 36 Learn more about this article...


      Pensions awarded pursuant to this decree shall be closed and segregated under the same conditions and limits as wages.

      Rule 37 Learn more about this article...


      Recognition of the right to pension is prescribed by thirty years and pension orders are prescribed by five years.

      Rule 38 Learn more about this article...


      The notification of the amount of pension liquidated on the basis of the provisions of this Order shall be sent to the beneficiary, together with the detailed account of the liquidation.

      Rule 39 Learn more about this article...


      I. ― Pensions awarded pursuant to this Order are payable on a monthly basis for a term expired, regardless of the date of their concession.
      II. ― The calculations of pensions and their accessories are made by reference to a year of twelve months of thirty days.
      III. ― In the event of a pensioner's death, the pension is paid until the end of the calendar month in which the pensioner died.
      Payment of pension to eligible persons takes effect from the first day of the following month.
      IV. ― The remaining arrears due to the death of the pension holder are validly paid in the hands of the non-separate surviving spouse, unless the heirs, legatees and creditors are opposed.
      In this case, the surviving spouse is exempted from bail and employment, except for the survivor to respond, as appropriate, to the amounts affected against the heirs or legatees, as well as any other values dependent on succession or community.
      V. ― The restitution of unduly paid amounts can only be required if the person concerned was in bad faith. This restitution is continued by the pension fund of the staff of the board.

      Rule 40 Learn more about this article...


      If, at the end of the month following the termination of the duties on the board, the pension could not be disposed of at the effective date, pension payments are made to the insured. These advance payments are based on a summary disposition of certain items collected on file and on the basis of the four-fifths of the amount calculated. These deposits are paid under the same conditions as the pension and recovered on its arrears.
      Individuals who have the right to insured persons who have died in business or in retirement may apply to the assignment of deposits on their pension under the same conditions.

      Rule 41 Learn more about this article...


      The liquidation of the pension is final. However, the pension may be revised at the initiative of the credit union or upon request of the person concerned within one year of the notification of the initial liquidation of the pension in the event of an error of law and at any time in the event of material error.

      Rule 42 Learn more about this article...


      Effective January 1, 2009, pensions are reassessed under the conditions provided by theArticle L. 16 of the Civil and Military Pension Codesubject to the provisions of Article 53.

      Rule 43 Learn more about this article...


      The pension increase provided for in section 25 is combined with family benefits for children eligible for this increase.
      The pension acquired pursuant to Article 6, paragraph 1 (a), shall be combined with the annuity, if any, granted under the Labour Accidents and Occupational Diseases Act, within the limits established by this legislation.

      Rule 44 Learn more about this article...


      The insured person who leaves the board without having acquired a pension entitlement under sections 6 to 13 shall be reinstated in the rights that he would have acquired if, during the period in which he or she raised the special pension plan of the board, he or she was affiliated:
      1° In the general social security system, its rights are valued and disposed of in accordance with the regulations applicable to old age coordination between compulsory social security schemes;
      2° A supplementary pension plan, which is, according to the hierarchical level occupied by the individual, the plan defined by the national collective agreement for pension and foreseeance of executives of 14 March 1947, the plan defined by the national interprofessional supplementary pension agreement of 8 December 1961.

    • CHAPTER VI: GARANTIE INVALIDITE Rule 45 Learn more about this article...


      Any insured person who ceases to work with a disability rate equal to or greater than two thirds, within the meaning of the general social security regime, is entitled to a disability pension calculated and served under the conditions provided for by this plan.
      The decision granting this guarantee is made by the pension fund of the employees of the board after consultation with the disability board provided for by the status of the employees of the board.

    • CHAPTER VIII: TRANSITIONAL PROVISIONS Rule 50 Learn more about this article...


      The former agents of the Paris metropolitan railway and the Société des transports en commun de la région Paris, who have a pension from the former self-employed pension fund of the secondary railway officers and their eligible persons, receive a pension calculated according to the pension regulations that they would have been dependent on these farms if they had not been affiliated to the former autonomous railway. This pension is revised in accordance with the provisions set out in II of section 59 of the Regulation of Staff Pensions of the Board in its drafting prior to July 1, 2008.
      If the amount of the benefits served by the former autonomous body is less than that obtained under the provisions of the first paragraph, it shall be used to the persons concerned to supplement the difference.

      Rule 51 Learn more about this article...


      I. ― The duration of the services and bonuses required to obtain the maximum percentage of the pension referred to in section 23 is set at one hundred and fifty-one quarters for insured persons meeting the conditions set out in sections 6 to 13 between July 1 and December 31, 2008 inclusive. For insured persons who meet the conditions set out in these items 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 July 1 of each year to the maximum period defined at theArticle 5 of Act No. 2003-775 of 21 August 2003 referred to above. Effective 2013, the schedule of this increase shall be adjusted, if any, within the same time limits as provided for in the decree referred to in article III.
      II. ― The lowering factor provided for in Article 24 I is applicable only to persons who meet the conditions set out in Articles 6 and 8 to 12 effective July 1, 2010. For insured persons who meet the conditions set out in these items between July 1, 2010 and June 30, 2011 inclusive, the rate is set by quarter missing at one tenth of the rate set out in the first paragraph of Article 24. For insured persons who meet the conditions set out in these articles 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 24.
      The age at which the coefficient of reduction 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 24 decreased 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 first paragraph of Article L. 16 of the Civil and Military Pension Code.
      IV. ― Insured persons who have worked part-time prior to July 1, 2008, shall be entitled to the provisions of section 18 if they apply before July 1, 2009. Payment methods for contributions are defined by order of the Minister for Social Security.
      V. ― For insured persons whose apprenticeship contract provided for in theArticle L. 6221-1 of the Labour Code or the contract of professionalizationArticle L. 6325-1 of the same code is in progress as of 1 July 2008, the periods for these contracts are taken into account for the application of Article 24.
      VI. ― The actual service period provided for in the first paragraph of section 6 is fifteen years for insured persons who have left the office of the board before July 1, 2008.

  • PART II: FINAL PROVISIONS Rule 52 Learn more about this article...


    This Order comes into force on 1 July 2008. Are repealed on the same date:
    1° The regulation of the retirements of the staff of the Autonomous Régie des transports parisiens in its drafting prior to this decree;
    2° The Decree No. 2005-1639 of 26 December 2005 ;
    3° The Decree No. 2008-48 of 15 January 2008 relating to the special pension plan for the staff of the Autonomous Régie des transports parisiens.

    Rule 53 Learn more about this article...


    The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Labour, Social Relations, the Family and Solidarity, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for Transport are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic and will immediately enter into force.

  • Annex



    A N N E X E S
    TABLE A
    Part I


    I. ∙ Enforcement personnel:
    Agents of the following sectors:
    ― the "Computer" (ex-mechanography) sector;
    ― "shops" sector.
    II. • Master’s staff:
    Agents of the following sectors and sub-filters:
    - sub-filter "Administrative Control and Investigations";
    - sub-filter "Works";
    ― the "Computer" (ex-mechanography) sector;
    ― the "Road Network Depot Stores" sector;
    - sub-filter "Infirmiers";
    ― agents of the sub-filter "Police operators" of the Villiers laboratory.
    III. Frameworks:
    All jobs that involve an effective command of control and execution personnel on the lines, in the workshops, in the depots, on the yards, in the substations and normally behave in a way that is significantly different from those of the first class, such as, in particular, variable or irregular hours or even of usual or rolling nights, abnormal meals, unfixed rest days.
    All jobs of the general railway and road network permanences.
    Chiefs of division and assimilated from operating services performing their duties on the lines under the conditions indicated above.


    Part II


    I. ∙ Enforcement personnel:
    Agents of the following sectors and sub-filters:
    - sub-filter "Deposit Office";
    ―maintenance and workshops except those listed in Table B annexed to this Order.
    II. • Master’s staff:
    Agents of the following sectors and sub-filters:
    - sub-filter "Deposit Office";
    ―maintenance and workshops except those listed in Table B annexed to this Order.


    TABLE B


    I. ∙ Enforcement personnel:
    All agents of the following sectors and sub-filters:
    ― the "Clear Network Operations" sector;
    - sub-filter "Receivers";
    - sub-filter "Machinists".
    All agents in the "Making and Workshop" sector listed below:
    ― Track laying teams officers;
    - agents of catenary line maintenance teams;
    - substation agents (driving, high-voltage pipes, permanence, maintenance) carrying on a continuous service;
    - agents of underground workshops and construction sites;
    ― Chaulage crew agents;
    - agents of the troubleshooting of the general road network;
    – officers of the four-hour teams in the morning of deposits;
    ―laveurs of deposits;
    – Agents responsible for the maintenance of duty stations, at 50% of the services performed.
    II. • Master’s staff:
    All agents of the following sectors and sub-filters:
    ― the "Clear Network Operations" sector;
    - sub-filter "Machinists".
    Agents of the "Making and workshops" sector listed below:
    - foreman-visitors;
    ― Masters of Enforcement Officers in this table.
    III. Frameworks:
    All jobs as an assistant inspector or assimilated inspector and inspector or assimilar, as well as those listed in Table A annexed to this Order, when they are practised in an ordinary manner in the underground.


    Staff status
    of the Autonomous Régie des transports parisiens
    Article 21


    It is considered to be in a position of activity the agents receiving a special rotation that can, in principle, be granted only to the agents:
    1° Elus in one of the permanent governing bodies such as board, board of directors, board of directors, board of directors;
    2° Disposal of the social works of the board.
    General instruction No. 3 specifies the conditions for special reorganization and, in addition, the conditions under which agents exercising a trade union mandate may be placed in that position.


    Article 24


    On request, leave of absence may be granted:
    (...)
    II. to female agents:
    (a) For breastfeeding, within the maximum limit of twelve months; This lay-off is granted on the expiration of maternity leave by three-month renewable periods, upon presentation of a medical certificate, to women who breastfeed their child;
    (b) For artificial breastfeeding provided by the mother, within the maximum limit of an expiring duration with the first anniversary of the child's birth.


    Rule 33


    The special lay-off is the position of the officer who, used outside the board, continues to benefit, subject to the provisions of section 34, from his or her advance and retirement rights.
    It may only be pronounced in the following cases:
    1° Provision of a public administration or agency;
    2° Provision of a private enterprise whose activity is linked to the transport industry;
    3° This is a legislative mandate, or a term of office of general councillor or councillor within the limits of the Parisian transport region, where this mandate, because of its nature or importance, does not allow the agent to continue to serve on the board;
    4° Exercise of trade union functions in federal or confederal organizations to which the trade union organizations of the board are attached.


    Rule 83


    Agents who, at the expiry of their sick leave entitlements referred to in section 80 above, remain affected by a serious and characterized condition whose healing or consolidation may be considered medically may be granted half-salary sick leave or, if they have at least three dependent children within the meaning of the family allowance legislation, two thirds of their salary.
    These leave shall be granted by the medical board and may be renewed on subsequent notice of the commission up to a total of three years, taking into account the period of sick leave referred to in section 80.
    They are only valid for a specified condition and may be reduced, suspended or deleted if the recipient's state no longer justifies its maintenance.
    In the event of a relapse of the same condition after a resumption of service, the new non-availability is considered to be the continuation of the one that motivated the last sick leave referred to in the first paragraph above, obtained by the individual. However, an interruption of at least one year in the service of the benefits of this disease shall, in the event of relapse, be entitled to the benefit of the provisions of this article, in the same conditions as if it were a different condition.


    Rule 84


    Agents affected:
    ― tuberculous affection;
    - cancerous affection;
    mental illness;
    polio;
    – serious and acquired immune deficit;
    - severe and invalid neurological conditions;
    - severe and incapacitating respiratory failure, requiring permanent oxygen therapy;
    – serious and invalidating heart failure stage IV of the NYHA (New York Heart Association);
    ― pending organ transplant and total incapacity for work recognized by the medical board,
    can get long-term leave with full salary for three years, and with half-salary for two years.
    These leave shall be granted and renewed by period not exceeding six months, either on request of the persons concerned, or on their own motion, after the advice of the medical commission.


    Rule 95


    Every officer has the right to appeal against the decision taken by the medical commission.
    To be admissible, the appeal must be filed within two months of the day of the contested decision.
    The medical board acting on appeal within one month of the date of appeal is constituted as follows:
    a physician of the council of foresight, approved by the RATP, President;
    – the Chief Medical Officer of the PRTR;
    – a medical consultant to the CCAS, who was not called to sit in the first instance.
    Le représentant du Conseil de prévoyance assiste à ces séances à titre consultatif.
    The individual may be assisted by a doctor of his or her choice who will be heard in a consultative capacity.


    Rule 128


    Statutory remuneration includes a "special supplement to treatment" element that can be reduced each month by half of its hourly value for each hour of work lost as a result of sick leave.


Done in Paris, June 30, 2008.


François Fillon


By the Prime Minister:


Minister of Labour, Social Relations,

of the family and solidarity,

Xavier Bertrand

Minister of State, Minister of Ecology,

of energy, sustainable development

and landscaping,

Jean-Louis Borloo

Minister of Budget, Public Accounts

and the Public Service,

Eric Woerth

Secretary of State

Transport Officer

Dominic Bussereau


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