Decree No. 2008-639 Of 30 June 2008 On The Special Pension Scheme Of The Staff Of The National French Railway Company

Original Language Title: Décret n° 2008-639 du 30 juin 2008 relatif au régime spécial de retraite du personnel de la Société nationale des chemins de fer français

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Implementing legislation Decree No. 2015-14 January 8, 2015 relating to payments for retirement at certain periods of studies, of periods of activity exercised in both that breast and periods of learning Wizard summary repeal of Decree n ° 2008 - 47, January 15, 2008; of the Act of 21 July 1909 on the conditions of retirement of staff of large networks of railway of general interest; Act of December 28, 1911, supplementing the provisions of the law of July 21, 1909, supra and the Legislative Decree of April 19, 1934, amending the railway pension scheme.
Partially repealed text: articles 32 and 36; Article 24 (last paragraph) (Decree No. 2015 - 1872 December 30, 2015).
Keywords work, rail TRANSPORT, Société NATIONALE CHEMINS DE FER Français SNCF, staff, insured SOCIAL, PENSION, retirement, old age insurance, health insurance, contribution social, SPECIAL status, regulation of retirement, redemption of ANNUITY, benefit social, payment, rates, MODE of calculation JORF n ° 0152 dated 1 July 2008 page 10565 text no. 26 Decree No. 2008-639 of 30 June 2008 on the special staff of the company pension scheme the french railways NOR national : MTSS0813153D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/6/30/MTSS0813153D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/6/30/2008-639/jo/texte 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 development of the territory, and the Minister for the budget of public accounts and public service, having regard to the civil code, including article 1 thereof;
Having regard to the code of civil and military retirement pensions;
Having regard to the code of social security, particular articles L. 711 - 1 and R. 711 - 1;
Seen the labour code;
Pursuant to law n ° 98 - 1194 December 23, 1998, of financing social security for 1999, including section 41;
Having regard to the amending finance law for the 2002 No. 2002-1576 of 30 December 2002, article 68;
Having regard to Act No. 2003-775 dated August 21, 2003 amended the pension reform, including article 5.
Having regard to Decree of August 6, 1938, fixing the insurance scheme of the staff of the national society of french railways other than those of the former network of Alsace and Lorraine.
Having regard to Decree No. 50 - 637 of June 1, 1950 amending the functions of the Board of Directors of the national society of french railway personnel;
Considering Decree No. 99 - 1161 of 29 December 1999 concerning the duration of the work of the staff of the national french railway company;
Considering Decree No. 2007 - 730 7 May 2007 concerning the pension and retirement fund of the staff of the national french railway company;
Considering Decree No. 2007 - 1056 of June 28, 2007 to the resources of the Fund of provident and retirement of the staff of the national french railway company;
Having regard to the opinion of the Board of Directors of the caisse of provident and retirement of the staff of the national french railway company dated June 12, 2008;
Having regard to the urgency.
Following the opinion of the Council of State (social section), enacts as follows: title I:: regulation of the SPECIAL scheme of retirement of the staff of the Société NATIONALE CHEMINS DE FER Français (SNCF), chapter I: DU Law A PENSION Article 1 read more on this article...

I. ― any affiliate pursuant to article 2 of the Decree of 7 May 2007 above leaving or having left SNCF is entitled to a retirement pension when he at least twenty-five years of valuable services for retirement and the age of: 1 ° fifty years if it carries out functions of officer conduct falling within the list of jobs contained in annex 3 to this order or if completing or having fulfilled other functions, there are at least fifteen years of affiliation in any of these jobs.
2 ° fifty-five years in all other cases.
II. ― for the assessment of the status of fifteen years, referred to 1 ° of the I, account shall be taken not only of time of service on equipment of railway traction in a job agent of conduct but also: 1 ° for periods of service on railway traction gear that immediately preceding tenure in a job of driving and which were interrupted by discounts in sedentary service of a duration that for each of them does not exceed sixty days;
2 ° of the periods of services on the railway traction units prior to the periods taken into account under the preceding paragraph, but provided that each of them has a duration of 60 days.
Shall be assimilated to periods of service on the railway traction units the rest and leave related: periodic, complementary or compensating rest, annual leave if it is preceded or followed by a period of service on the gear of railway traction and additional holidays with pay filling the same condition.


Article 2 more on this article...

Any officer that a disease, injury or disability is unable to hold a job at SNCF may request its reform. Its admission in reform can also be pronounced ex officio by the SNCF.
The decision on reform is taken by SNCF after consulting the commission's reform referred to the status of collective relations between the SNCF and its staff taken in application of article 1 of the Decree of June 1, 1950, referred to above, in which seat at least a medical consultant of the foresight and the staff of the SNCF retirement fund. This decision takes effect unless reasoned opposition of the Director of the Fund made to the SNCF in a period of fifteen days.
It was taken the award of a pension reform regardless of the duration of services made by the agent at the time of the termination of service.
Any recognized officer unfit under the conditions referred to in paragraph 1 of this article and whose incapacity is the result of a sustained struggle or of an attack suffered on the occasion of its functions, or an act of dedication in the rights-of-way of the railway to save the life of a or several people may, exceptionally, a pension which added to the pension it eventually collects in application of book IV of the code of social security, is the amount of the annuity served by the Fund three-quarters of the elements of remuneration as defined in article 14. For officers whose normal retirement opens at the age of fifty years pursuant to article 1, the amount of the total annuity served by the Fund is equal to three quarters of the last treatment fixed, plus other elements of remuneration subject to withholding tax in the 12 months prior to the termination of service, or if this is more favourable three quarters of the average remuneration subject to deduction of the three most productive years.


Article 3 read more on this article...

I. ― any agent to leave or have left the train without being able to qualify for a retirement pension to the title of article 1 or a pension reform in respect of article 2 and which has at least one year of actual service in the permanent framework of the SNCF is entitled to a proportional pension as soon as he reached the age of superannuation entitlement defined in article 1.
The provisions of the preceding paragraph shall not apply to agents who left the SNCF before July 1, 2008 or persons having concluded an apprenticeship or professionalisation contract affiliates pursuant to the provisions of article 2 of the Decree of 7 May 2007 above and who were not admitted to the permanent forum.
II. — the agents with at least three living children or killed by acts of war or a child living over a year old and suffers from a disability equal or superior to 80% and with at least fifteen years of actual service, which cease their functions voluntarily, are admitted to the immediate benefit of a pension proportional provided that they have, for each child interrupted their activity under the conditions defined below.
Shall be assimilated to children referred to in the preceding paragraph listed children in 1 °, 2 °, 3 °, 4 ° and 5 ° of article 16 as stakeholders I have raised in the conditions laid down in the first paragraph of this article.
The interruption of activity provided for in the first paragraph of this II must have had a period, whether continuous at least two months in the context of leave for maternity, leave for paternity, bereavement, adoption leave for parental, parental presence of education, leave of availability for education of children, or for people who have exercised gainfully employed or not employed prior to their recruitment by the SNCF as part of an interruption of this activity, for a similar reason, authorized or compensation in respect of a legislative or regulatory provision. In the event of births or concurrent adoptions, the duration of interruption of activity taken into account in respect of all of the children involved is also two months.
This interruption of activity must have occurred during the period between the first day of the fourth week preceding the birth or adoption, and the last day of the sixteenth week following the birth or adoption.

However, for children listed in the 2 °, 3 °, 4 ° and 5 ° of the I of article 16 that the person concerned has high for at least nine years prior to their twenty-first birthday, business interruption must take place before this date.
No minimum period of business interruption is required when the birth, adoption or child support occurred while the person concerned had no professional activity.
For the purposes of article 12 and of 2 ° of the I of article 13, the number of quarters to obtain the maximum percentage of pension is that corresponding to the date on which the right to pension is open in application of this II.


Article 4 more on this article...

With agents known of an occupational disease caused by asbestos in the conditions laid down by article 41 of the above-mentioned law of 23 December 1998 may request the immediate benefit of a pension at the age of fifty years if they account for a period of fifteen years of valuable services for retirement, appreciated as if they had continued their activity up to fifty-five years, subject to not be able to receive a pension of seniority pursuant to article 1. This pension is paid under the conditions laid down by this title, with the exception of the duration of the services, which are determined as if the officer had continued its activity until the age of fifty-five years.


Article 5 read more on this article...

I. ― the age of fifty-five years resulting from article 1 is lowered: 1 ° has fifty-two and a half years for agents with disabilities if they justify while they were suffering from a permanent disability at least equal to 80% of a duration of insurance, in the sense of article 13 III, at least equal to the quarters referred to in the second subparagraph of article 12, less than fifty quarters , and duration of insurance that gave rise to contributions to their load at least equal number of quarters mentioned therein, decreased seventy quarters;
2 ° has fifty-three years for agents with disabilities if they justify while they were suffering from a permanent disability at least equal to 80% of a duration of insurance, in the sense of article 13 III, at least equal to the quarters referred to in the second subparagraph of article 12, minus sixty quarters, and duration of insurance that gave rise to contributions to their load at least equal number of quarters mentioned therein decreased eighty quarters;
3 ° has 53 and a half years for agents with disabilities if they justify while they were suffering from a permanent disability at least equal to 80% of a duration of insurance, in the sense of article 13 III, at least equal to the quarters referred to in the second subparagraph of article 12, minus seventy quarters, and duration of insurance that gave rise to contributions to their load at least equal number of quarters mentioned therein decreased ninety quarters;
4 ° has fifty-four years for agents with disabilities if they justify while they were suffering from a permanent disability of at least 80% for a period of insurance, the meaning of the article 13 III, at least equal to the quarters referred to in the second subparagraph of article 12, minus eighty quarters, and duration of insurance that gave rise to contributions to their load at least equal number of quarters mentioned therein decreased hundred quarters;
5 ° a fifty years and a half for agents with disabilities if they justify while they were suffering from a permanent disability of at least 80% of a duration of insurance, in the meaning of article 13 III, at least equal to the quarters referred to in the second subparagraph of article 12, minus 90 quarters, and duration of insurance that gave rise to contributions to their load at least equal number of quarters mentioned therein decreased of one hundred ten quarters.
For the purposes of the preceding paragraphs, shall be treated with agents from permanent disability at least 80%: has) officers victims of an accident at work or an occupational disease whose degree of permanent incapacity is at least 66%;
b) officers with a heavy disability recognized under the conditions defined in the second paragraph of article l. 5212-9 of the labour code or in the first paragraph of II of article 96 of the law No. 2005-102 of 11 February 2005.
II. — an increase of pension is granted to disabled officers mentioned in the I of this article. The rate of pension increase is set at one-third of the quotient obtained by dividing the length of the services actually performed during which the person concerned was suffering from a permanent disability at least equal to 80% or fell under the situations described in a and b of the same article by the length of service and bonuses allowed in liquidation. This number is rounded, where appropriate, to the nearest hundredth nearest.
The pension increase applies to the amount of the pension increased, where appropriate, the minimum pension provided for in article 15.
Thus increased pension shall not exceed the pension which would have been obtained by applying the maximum percentage referred to in article 12.


Article 6 read more on this article...

Pension reform agents readmitted to the permanent framework is removed from their readmission. Any readmissions reformed agents can get validation for the retirement of the downtime during which they benefited the pension reform.
However, reformed as a result of service injury or occupational disease, and then readmitted agents can, at their request, obtain, during the re-entry, validation for the retirement of the downtime during which they received a pension reform, through the payment of employee contributions and employer contributions referred to in article 10.

Chapter II: Payment of PENSIONS SECTION 1: SERVICES to take into account Article 7 in more on this article...

I. — the length of service to be taken into account for the determination of the entitlement to benefits defined in this regulation and for the calculation of the pension is the duration of the membership.
II. ― this duration is increased: 1 ° from the time of military service or active national service actually performed by those concerned in the time limit of legal service owed by the class to which they belong by their age.
2 ° the period of service actually accomplished in respect of civil volunteering, for a period at least equal to six months, and within the limit of 24 months.
III. — are also taken into account, within the limit of nine years, determining the right to pension and for calculating the proportion of the pension, the periods during which the persons concerned have received care in tuberculosis patients under article 41 of the code of military disability pensions and war victims, including those where they have been hospitalized because of the affection which justified this compensation service , subject to fulfilling the conditions laid down in article L. 161 - 21 of the code of social security.
IV. — the periods during which the agents were allowed to perform part-time service are taken into account under the following conditions: 1 ° determining the right to pension, at the rate of the whole of their length;
2 ° for the duration of fifteen years of planned membership of 1 ° of the I of article 1, the fraction of their duration equal to the ratio between the duration of performed services and service obligations full time;
3 ° for the calculation of the proportion of the pension at the rate of the proportion of their period equal to the ratio between the duration of performed services and service obligations full time.
V. ― are also taken into account for determining the right to pension and for calculating the proportion of the pension, periods of interruption or reduction of activity during which officers have benefited from parental presence of parental leave for education leave, leave with availability for education of children of less than eight years or a part-time for raising a child of less than 16 years. The time thus taken into account is limited to one year per child for children born or adopted before 1 July 2008 and three years per child for children born or adopted after this date. In the event of reduction of activity, the period taken into account is the non worked.
The provisions of the preceding paragraph are exclusive for the periods in question, of any possibility of additional validation for remuneration paid by the agent. However, for children born or adopted before July 1, 2008, the agents who carried out earlier on that date to a validation for consideration in their charge for the periods in question benefit from the provisions of the preceding paragraph.
The application of these provisions cannot lead that time not worked may be selected twice for the determination of entitlement to a pension nor for the calculation of the duration of insurance defined in article 13 III.


Article 8 more on this article...

I. ― may also be taken into account for determining the right to pension and for calculating the proportion of pension, the periods not worked, in the case of a reduction in activity part-time: 1 ° to raise one or more dependent children aged of less than sixteen years;
2 ° to treat a child with a disability requiring continuing care;

3 ° to assist the spouse, parent or child of the agent (or spouse) if his condition requires, an accident or a serious illness, the presence of a third person;
4 ° for persons benefiting from a gradual cessation of activity in the context of amendments to the contract of employment from the date of entry into force of this title;
5 ° under a regime of specific work 32 hours per week, within the meaning of the Decree No. 99-1161 of 29 December 1999 concerning the hours of work of the staff of the national society of railway french, when the agent has reached the age of entitlement to pension set by article 1 and to a limit of three years.
II. — the benefit of the provisions of the I is subject to the payment by the agent: 1 ° a share of the contribution defined in article 1 of the Decree of 28 June 2007 on the closable remuneration would have perceived the person concerned if he had worked full time;
(2) an additional levy, at the rate of 12%, based on the difference between the remuneration he would have received if he worked on time complete and that resulting from the reduction of its activity.
The SNCF is also liable for the contribution employer defined in article 1 of the Decree of 28 June 2007, based on the difference between the remuneration that would have seen the person concerned if he worked on time complete and that resulting from the reduction of its activity, net of the contribution to the burden of the person concerned in accordance with the preceding paragraph.


Article 9 read more on this article...

The following bonuses are in addition to services defined in article 7: 1 ° for personnel whose admission to the permanent of the SNCF framework was made before January 1, 2009, a bonus of one quarter per year of affiliation beyond the third, in one of the jobs listed in the article II 1, which pensionable normal at the age of fifty.
This bonus is limited to a maximum of twenty quarters. It is awarded for any period of service on the railway traction units actually made in a driving job including, as appropriate, periods of performance of the duties of officer conduct referred to in article 1. In addition, are retained availability for exercise of trade union leave in the trade unions composed only of railroad workers.
Do not enter the period taken into account for the calculation of the bonus periods corresponding to irregular absences of longer than eight days and absences caused by illness or injuries out of service, consecutive to a service injury or illness absences and periods of temporary release to sedentary service regardless of the ground where the uninterrupted duration of these absences is more than three months.
Reporting bonus is allocated even though the agent finished his career in one other than pensionable employment to fifty years and even if the duration of his valuable services in a driving job is less than fifteen years.
For agents of conduct that do not count the number of years of driving required to obtain twenty quarters of bonuses: ― by virtue of periods of at least 24 months between their driving test success and their appointment on a rank of conduct included as annex 3 to this order;
― or delays of at least seven years between their admission to the permanent forum and their success in the driving test.
― or because of medical reasons, each year driving beyond the fifteenth entitles you to an additional year from the calculation of bonuses specified in the present 1 °. The number of additional years is capped at three, within the limit of the duration of the impediment.
2 ° the campaign benefits acquired under of the military services validated, these benefits of campaign being awarded and counted in accordance with the provisions applicable to civil servants of the State. The maximum percentage referred to in the third subparagraph of article 12 can be increased by five points to the head of these benefits.


Article 10 more on this article...

The servants benefiting from a leave of availability for one of the grounds listed in Schedule 2 to this order may acquire rights to retirement for all or part of this leave subject to: 1 ° payment of the contribution defined in article 1 of the Decree of June 28, 2007, referred to above, with the exception of beneficiary agents of V of article 7;
2 ° of the payment of a subscription fixed at a flat rate to 12 per cent of the remuneration elements defined in 4 ° of II of article 2 of the Decree of 28 June 2007, except recipient of V of article 7 and agents which leave availability gave to allow the exercise of trade union organizations in professional exclusively or partially composed of railway workers. In the latter case, the corresponding payments to the employer's contribution defined in article 1 of the Decree of 28 June 2007 are the responsibility of SNCF.
For the officer whose right to normal retirement opens at the age of fifty years pursuant to article 1, premium of traction taken into account are: ― either premiums affected by Constable in his employment during the twelve months preceding the lay-off or, if the agent has been appointed in employment less than twelve months prior to its availability affected by him since his appointment and reported to the entire year;
― or, if this amount is higher, the monthly average theoretical value corresponding to his rank.
For the gatekeepers placed on leave by availability, or for deletion of employment, for change in the situation of joint and reoccupied as contractual agent, payments to maintain their rights to retirement under the special scheme are calculated under the conditions stated in the preceding paragraphs, but the payments that they are being asked in representation of the employers are reduced by the amount of employer contributions to pension insurance which part of the SNCF by application of the general system of social security in respect of the new job.


Article 11 read more on this article...

Periods of study completed in establishments, schools and classes mentioned in article L. 381 - 4 of the code of social security are likely to be taken into account: ― either in the title of article 12;
― either in title I of article 13;
― either to get a supplement of the title of article 12 liquidation unless this supplement is taken into account in the duration of insurance defined in the I of article 13.
This can involve more than twelve quarters, subject to obtaining the diploma and payment of the contributions necessary according to a schedule and payment terms defined in terms of actuarial neutrality by order of the Minister responsible for social security and the Minister in charge of the budget.
Periods of study resulting in the equivalent diploma issued by a Member State of the European Union may also be taken into account.
Admission to the grandes écoles and preparatory secondary classes in these schools is equated with a diploma.
These quarters should not have resulted in a validation in a compulsory basic pension plan.

SECTION 2: DETERMINATION of the amount of PENSION SUBSECTION 1: count and value of ANNUITIES LIQUIDABLES Article 12 read more on this article...

The duration of service and eligible bonuses in liquidation is expressed in quarters. In the final statement of the liquid quarters, quarter fraction equal to or greater than 45 days is counted for a quarter. The fraction of quarter less than forty-five days is overlooked.
Subject to the transitional provisions contained in article 35, the number of quarters needed for the maximum percentage of the pension is fixed at one hundred sixty quarters and it evolves as the length of service and bonuses required State officials to get the maximum percentage of a civil pension under the conditions defined in article 5 of Act No. 2003-775 21 August 2003 on pension reform.
The maximum percentage of the pension is fixed at 75%.
Each quarter is paid when reporting the maximum percentage defined above number of quarters resulting from the second paragraph.
The amount of the pension is calculated by multiplying the percentage of liquidation as it results from the application of the preceding paragraphs by the remuneration defined in article 14 below.


Article 13 read more on this article...

I. - Subject to transitional provisions contained in article 35, where the duration of insurance, as defined in III below, is less number of quarters necessary to obtain the maximum percentage of the pension referred to in article 12, a reduction factor, including the rate is for officials of the State the pursuant of article 14 of the code of civil and military retirement pensions shall apply to the amount of the pension calculated in accordance with article 12, in the limit of twenty quarters.
The number of quarters taken into account for this calculation is equal to:

1 ° either number of quarters corresponding to the duration between the age to which pension is wound-up age of reference, corresponding to the minimum age of entitlement to pension the insured increased to five years. For people whose entitlement to pension is not subject to a minimum age requirement, the age of reference is that which would result from the application of the preceding sentence if they were not exempted from such a condition;
2 ° is the number of additional quarters that would be necessary, at the date of award of a pension, to reach the number of quarters to obtain the maximum percentage of the pension referred to in article 12. However, the number of quarters taken into account may not exceed the difference between the number of quarters to get the percentage maximum pension and 150, the maximum being reduced, where appropriate, the number of quarters of insurance within the meaning of the III below, assessed and carried out beyond the age at which the right to pension is open when there is such a condition of age.
The corresponding number of quarters is rounded to the next whole. The smaller of the two numbers of quarters resulting from the provisions of 1 ° and 2 ° above is taken into consideration.
The reduction factor is not applicable to agents whose pension is wound up pursuant to articles 2, 4 and 5.
The reduction factor is not applicable to survivor's pension when the liquidation of the pension which the agent could benefit occurs after his death in activity.
II. — when the duration of insurance defined in III below, exceeds number of quarters needed to get the maximum percentage of the pension referred to in article 12, but not less than one hundred sixty quarters, and that the agent has reached the age of sixty years, a factor applies to the amount of the pension calculated in accordance with article 12.
The number of quarters taken into account for this calculation is equal to the date of wind-up of the pension, the number of quarters of insurance within the meaning of the III below, assessed and are submitted 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 exercised on a part-time, the number of quarters so determined is retained for a fraction equal to that which defines the system of authorized work.
The corresponding number of quarters is rounded to the next whole.
The coefficient of increase rate is equal, per additional quarter in the limit of twenty quarters, to that provided to servants of the Crown pursuant to III of article 14 of the code of civil and military retirement pensions.
III. ― insurance period is the duration of services and eligible bonuses in increased liquidation, if applicable, the duration of insurance and recognized equivalent periods validated in one or more other basic pension schemes compulsory.
For each of their children, women who have given birth after their recruitment by the SNCF enjoy an increase in duration of insurance attached to two quarters. This increase of insurance period may not be cumulated with the periods taken into account under article 7 V when they are greater or equal to two quarters.
Agents raising or having raised their home a child with a disability equal to or greater than 80% less than twenty-one years have increased their insurance period of one quarter per period of 30 months education, within the limit of eight quarters.
The provisions of the two preceding paragraphs are cumulative.
For the calculation of the duration of insurance: 1 ° the part-time periods are counted as periods of activity full-time;
2 ° a calendar year may count for more than four quarters, subject to increases in length of service and the subsidies provided for by this regulation.

PARAGRAPH 2: Remuneration to take in account Article 14 read more on this article...

I. — the elements of remuneration collected by an agent of the permanent forum, in accordance with the provisions of Chapter 2 of the status of collective relations between SNCF and its staff in its preparation to 1 July 2008, or official position outside stationed at the SNCF which are taken into account for the calculation of the pension are as follows : 1 ° processing fixed.
2 ° the remuneration elements considered accessories of treatment by the staff regulations of the SNCF (RH 0131) as drafted in July 1, 2008 and subject to deduction for retirement to know: has) the premium of the gatekeepers to discontinuous service housing;
b) premium of work for the following amounts: ― the average theoretical monthly value for continuous service agent other than the agents of conduct;
― the actual value for agents of conduct;
c) compensatory allowances and supplements of year-end bonus paid in the event of change of grade;
3 ° the premium end of year excluding the fraction corresponding to the residence allowance;
4th annual operating excluding the fraction reward corresponding to the residence allowance, the gratification of vacation out of family supplements, according to the following schedule: a quarter to June 1, 2008, a quarter to June 1, 2009, one quarter to June 1, 2010 and a quarter to June 1, 2011, the increase in year-end bonus equal to notional monthly premium of work calculated for agents of the sector administrative according to the calendar Next: December 1, 2008 half and half to December 1, 2009;
(5 ° supplements and increases following: has) additional compensation, applied to the elements mentioned in 1, 2 and 3, paid to officers placed on the last position of remuneration of qualifications has H inasmuch as they are at least fifty years old and have at least five years of seniority to the position of pay. This supplement is 3% except for the D qualification where it corresponds to the difference between the elements mentioned in 1 °, 2 ° and 3 ° relative to the position of pay and those relating to the position of higher pay;
(b) the specific pay increase of treatment attributed to agents such as the right to pension is open to fifty-five years and extend their activity beyond this age, equal to 0.5% per semester worked beyond fifty-five years, within the limit of seven semesters;
(c) the supplementary pay increase of treatment attributed to agents such as the right to pension is open to fifty years and extend their activity beyond this age, equal to 0.5% per semester worked beyond fifty years within the limits of five semesters;
d) the additional compensation of 2.5% attributed to the officers the right to pension is open to fifty years, either at this age if they have no discount, six months before that they reach the age to which the discount is void;
(e) pay increase exceptional treatment, equal to 0.25% per quarter of learning done at SNCF, contributed and validated in the general scheme, within the limit of eight quarters, which is attributed to the opening of the pensionable age, effective July 1, 2010, former apprentices present in the business at June 30, 2008 and which do fall within the provisions of the IV of section 35;
(f) the increase in the premium of work attributed to the officers justifying at least twenty years in a tedious job covered by the list contained in annex 4 of this Decree).
II. — the pension is calculated on the elements of compensation related to the position, level and the premium category of work of the agent at the time of the cessation of his duties, provided that this position, this level and this category of work allowance have been attributed to him for at least six months. The same deadline is applicable for taking account of supplements and increases mentioned in 5 ° of the I above with the exception of the increases mentioned in e and f of the said 5 °. For the purposes of this paragraph, part-time performed services includes full time performed services.
If this condition is not met, the pension is calculated on the same items of remuneration previous position, level, and the work premium category. However, if there has been naming a lower position or a different class of work allowance for one cause other than a reason for health or professional misconduct, it may be made status occupied prior to the change of situation.
When the agent, at a time any of his career, was awarded a lower position or a different class of work allowance for reason of health or professional misconduct, the pension is calculated on the most advantageous remuneration corresponding to the following situations: — position, level and work premium category occupied at the end of career.
― position, level and category of work allowance prior to her transition, provided that this position, this level and this category of work allowance have been attributed to him at least six months before the termination of its functions.
When, following a change of grade, the agent received a complement of pay defined in article 30 of the staff regulations of the SNCF (RH 0131) as drafted in July 1, 2008, reproduced in annex 5, the pension is based on the most advantageous remuneration corresponding to the following situations:

― position, level and work premium category occupied at the end of career.
― position, level and category of work that would have been occupied at the end of career if there had not been a mutation.
The same provision applies when an agent's conduct was the subject of a mutation on a grade other than a grade of conduct for medical reasons, while it had at least ten years of service of conduct and received a remuneration complement defined in article 31 of the staff regulations of the SNCF (RH 0131) as drafted in July 1, 2008, reproduced in annex 5.
When an agent's career includes continuous and discontinuous services, elements of remuneration, pension base, are those that correspond to ongoing services provided that the person concerned has performed such services for at least three years.
The period of six months is not opposed when the reform or the death of a staff member is the result of the exercise of the functions. In the same case, the period of three years referred above objected to the agent ceasing its functions in continuous employment and who meet this deadline if he had continued his career until the normal retirement.
III. — for officers whose right to retirement pension opens at the age of fifty years pursuant to article 1, the premium of traction took into account for the calculation of the pension is, by derogation from the II of this article, the average annual premium of traction subject to withholding for retirement during the three calendar years the most productive career agent or the total duration of services subsequent to the affiliate if the agent is affiliated for less than three years. This average is adjusted on the basis of the rates in force at the time of the termination of service. In the case of part-time activity, corresponding premium of traction recovered proportionately on the basis of the full time. However, the agent is taking account of the average premium of traction subject to contribution for retirement during the 36 months preceding the termination of service, if this method of calculation is more favourable.
IV. ― I of this section notwithstanding, the elements of remuneration chosen for the calculation of the pension of the frameworks submitted to the status of collective relations between the SNCF and its staff as at July 1, 2008 and drafted non-qualifications F, G and H are: 1 ° the treatment fixed;
2 ° the management premium;
3 ° the premium end of the year, including the increase resulting from the application of the hierarchical coefficient of the agent, 4 ° gratuities operating and holidays listed in the I, according to the timetable it lays down;
5 ° the elements of remuneration provided for in the a, b, e and f of 5 ° of the I in their application to the executives covered by this paragraph.
V. ― when the liquidation of the pension is not concomitant with the termination of the activity, remuneration, within the meaning of the I to IV above, is adjusted during the period between the date of the termination and the effective date of the pension, in accordance with the provisions of article 30.

PARAGRAPH 3: Amount guaranteed Article 15 in more on this article...

I. ― when the liquidation of the retirement pension is carried out, the amount thereof may be less than a minimum amount defined in IV below. However, when the pension is calculated on a discontinuous service grade, the minimum retirement pension is equal to 90% of the fixed treatment on the part of year-end bonus and the work premium subject to withholding for retirement of an officer in early career belonging to Lieutenant reported for the calculation of the pension.
II. — where it is carried out the liquidation of the pension reform referred to in article 2, the amount thereof may not be less than the minimum defined in IV below, reduced in the report to twenty-five years of the duration of the valid for retirement and the benefits of campaign services, this report cannot be greater than unity, nor fall below 1/5.
In addition, when the staff at the time of its reform presents an invalidity reducing by at least two-thirds his ability to work or gain, within the meaning of article R. 341 - 2 of the code of social security, the amount of the liquidated pension cannot be less than 50 per cent of the basis referred to in article 14.
III. ― agents for which the right to normal retirement is open at the age of fifty years under the conditions of article 1 and the commercial operation of the trains agents enjoy, when they are at least 50 years of age and 20 years of valuable services for retirement and fulfil the conditions laid down in article 2 to the point of view of the inability a pension reform liquidated on the basis of twenty-five years of valuable services for retirement. In this case, the minimum of the pension reform is the minimum of retirement without reduction.
IV. — the amount of the minimum pension is equal to €3 367,02 per quarter beginning July 1, 2008 and €3 379,38 per quarter effective December 1, 2008. These amounts are revised to reflect any general increases of salary in the second half of the year 2008. As of January 1, 2009, the amount of the minimum pension is upgraded under the conditions defined in article 30.

PARAGRAPH 4: Increases of PENSION Article 16 in more on this article...

Pensioners having raised three children for at least nine years, either before their sixteenth birthday, or before the age where they have ceased to be a dependant within the meaning of article L. 512 - 3 of the code of social security, benefit from an increase of 10 per cent of their pension. If the number of children raised in these conditions is greater than three, a further increase of 5 per cent of the pension is added for each child beyond the third.
Qualify for premium, provided that they have been the responsibility of the agent before the cessation of the functions: 1 ° the children born to the pensioner or adopted by him;
2 ° the children born to the spouse or adopted by him;
3 ° children subject to a delegation of judicial rights of parental authority in favour of the pensioner or his/her spouse;
4 ° the orphans of father and mother, children orphaned by one of their parents and wards of the Nation, placed under guardianship of the pensioner or spouse, where guardianship is accompanied by guard effective and permanent of the child;
5 ° the children to his home by the holder of the pension or spouse that warrants have assumed the charge effective and permanent by the production of any administrative document establishing that they have been selected for the granting of family benefits or for the calculation of the tax on the income.
The benefit of the increase is granted: ― either when the child reaches or would have reached the age of sixteen;
― either at the time when, subsequent to this age, it satisfies the condition mentioned in the first paragraph above.
The increase may have the effect to exceed the maxima of pension provided for by this regulation, but it may, in addition to the pension, wear the amount thereof beyond the remuneration as a basis for the calculation of the pension.

SECTION 3: Enjoyment of pension Article 17 in more on this article...

The pension can be liquidated at any time as the person concerned satisfies the conditions for acquisition of the right to pension.
Unless it follows a reform, the liquidation of the pension is subject to an express request from the insured with the Fund.
The insured indicates the date from which he wishes to enter in possession of his pension, this date cannot be prior to the filing of the application. If the insured does not indicate the date of first entitlement to pension, it takes effect the first day of the month following receipt of the request.
Subject to the provisions of article 36, the liquidation of the pension is final. However, the pension may be revised at the initiative of the Fund or on request of the person concerned: ― at any time in the case of material error;
― within a period of one year from the notification of the initial award of a pension, in the event of error of law.

Chapter III: PENSIONS of beneficiaries Article 18 in more on this article...

The pension is awarded for half to the surviving spouse and, if applicable, to the divorced spouse, as well as orphans provided that such rightsholders do not collect a benefit of the same kind of another leader, regardless of the regime whose carries this advantage. However, an orphan of father and mother can combine two reversion pensions Chief from his father and his mother.
When the pension of the agent has been brought to the amount of the minimum pension provided for in article 15, the survivor's pension is increased to 51.3% of this amount on July 1, 2008, to 52.7% of this amount on July 1st, 2009 and 54% of this amount on July 1, 2010.
When agent pension exceeds the amount of the minimum pension provided for in article 15, the survivor's pension cannot be less than that which would result from the application of the preceding paragraph.
Where an agent, fulfilling the conditions laid down in articles 1, 2 and 3, just to die before the liquidation of his pension, the above-mentioned persons have the same rights as if the agent had been admitted to retirement the day of his death.

Spouses or former spouses pensions are, as appropriate, increased under the conditions laid down in article 16; the increase cannot, in addition to the pension, increase the amount thereof beyond the half of the salary used in the calculation of the pension. Right pensionable children to such increase, as well as the conditions which condition the granting of this advantage, are those provided for by the provisions that were applicable to the agent given the date of its termination of activity.


Article 19 more on this article...

I. ― the right to widow's pension is acquired to the surviving spouse if the duration of his marriage with the agent was at least two years the day of the termination of the functions of the latter or, where this condition is not fulfilled, if the duration of marriage, that either anterior or posterior to the cessation of the functions, was at least four years at the time of the death of retired This period is reduced to two years if there are one or more children of the marriage.
The condition of two years of marriage on the day of the termination of service is not required: 1 ° if, at the time of death, there is a child born or conceived of the spouses before the date of termination of service or even a child who is the subject of a plenary adoption before that date; the pension is then wound up on presentation, in the first case, of the Act of birth of the child, in the second, judgment plenary adoption;
2 ° If the termination is the result of an accident in service, provided that the marriage was prior to the accident.
The surviving spouse cohabiting at the time of the death of the agent or the retirement cannot come into enjoyment of his pension.
II. — the divorced spouse is entitled to survivor's pension, provided that it meet the following two conditions: 1 ° have not again contracted marriage before the death of the agent or do not live in cohabiting at the time of this death.
2 ° justify two years of marriage with the agent during the period of payments of employee contributions, or, if this condition is not met, four years at the time of divorce; This period is reduced to two years if there are one or more children of the marriage.
The condition of two years of marriage during the disbursement period is not required if there is, on the day of the death of the agent, or a child born or conceived of his marriage at the time of the divorce, or a child having a plenary adoption during the marriage with the agent.
III. ― the legitimate children of the marriage officer or retired agent are entitled, regardless of the date and duration of this marriage to widow's pension until the age of twenty-one years.
Acknowledged natural children and adoptive children are assimilated to legitimate children.
No condition of duration of the birth from the cessation of the functions of the agent is required for legitimate or natural orphans whose filiation is legally established. No condition of duration of the adoption from the cessation of the functions of the agent is required adoptive orphans.
Children with an incurable disease or a disability rendering it unfit for any paid work are assimilated to children aged less than twenty-one years, subject that the disability of the child existed before his twenty-first birthday. This disability status is determined by the Fund, after notice of his consulting physician.


Article 20 more on this article...

Regardless of the number of persons who benefit from the reversion of the pension of a retired officer or the pension to which an agent who died on active service would have been right because of his age and the duration of its valid for retirement services, the total to serve pension is, as long as there is a copyright equal to half of the said pension.
If that one entitled, the pension is served whole or, in the case of an orphan, until the age of twenty-one years, until his death.
If there are several beneficiaries, the pension is shared between them in the following manner: 1 ° when there is no orphan, the pension is shared between the surviving spouse and the divorced spouses or between divorced spouses in proportion to the respective duration of each marriage.
On the death of a beneficiary, its share increases the share of the other or the other beneficiaries.
2 ° if there are orphans, a first partition is performed as follows: ― two parts to the spouse survivor;
― two parts to all divorced spouses;
― a share to each orphan entitled to pension.
After allocation of the returning to the orphans, the rest of the pension subject, if applicable, a new distribution between the other right holders in proportion to the respective duration of each marriage.
The surviving spouse receives the amount of the shares allocated to his own children provided that there actually load.
When portions of pension are due to expire, was taken to a new Division of the survivor's pension among the beneficiaries remaining in accordance with the rules defined above.


Section 21 read more on this article...

Notwithstanding the provisions of article 20, each orphan, within the meaning of article 19 III, entitled up to the age of twenty-one years to a pension equal to 10% of the pension obtained by the agent or that he could get on the day of his death, although the total of the pension awarded to the surviving spouse, divorced spouses and orphans may exceed the amount of the attributed pension or who have attributed to the agent. If there is surplus, was taken to the temporary reduction in the pensions of orphans.


Article 22 read more on this article...

In the case where a pensioner touched ahead of his pension, the starting point of the survivor's pension and the orphan's pension is fixed at the end of the period already paid by the retirement pension.
In other cases, the survivor's pension and the orphan's pension begins on the day after the death that gives it its opening.
However: 1 ° the pension to the widow under 1 ° of the I of article 19 in the event of posthumous child runs only from the day of childbirth.
2 ° if there is a surviving spouse and one or more divorced spouses, the sharing of the survivor's pension is operated during the liquidation of the rights of the first one who asks.
If, at that date, one of the beneficiaries cannot benefit from the fraction of the survivor's pension or, otherwise, not requested, it is served to the other or other rights holders in the proportions laid down in article 20, the day the will benefit from the fraction of survivor's pension, which shall take effect on the first day of the quarter following that during which it will file its application.


Section 23 read more on this article...

The survivor's pension of only seniors aged 55 years or more and less than 65 years cannot be less than the amount of the solidarity allowance for the elderly mentioned in article L. 815 - 9 of the code of social security.
However, this rule is not applicable to pensions paid under the rules of coordination interregimes and supplementary pensions benefits referred to in article 33.

Chapter IV: SERVICE DES PENSIONS Article 24 in more on this article...

Pensions granted pursuant to this regulation and increases in pension for children allocated under the conditions laid down by article 16 I are payable in advance, by quarter, in the first working day of each calendar quarter without giving rise to repayment upon the death.
However, the date of maturity is advanced on the last business day of the quarter for the deadline of January 1 as well as whenever the first two days of the due date are holidays.
If the death of the retirement occurs prior to the normal expiry date when the pension has already been paid, the perceived arrears must be repaid to the Fund.


Article 25 more on this article...

When the pension is paid during the quarter, is paid upon departure a quarter of the annual amount of the awarded pension, arrears payable to the first day of the following calendar quarter being reduced accordingly.


Article 26 more on this article...

When the checks carried out by the Fund, the pensioner must justify its existence by returning the certificate that was sent. If the pensioner resides abroad, the certificate must also be certified by the competent local authorities.
The absence of justification leads to the suspension of the payment of the pension.


Article 27 more on this article...

When a pensioner has disappeared from his home more than a year has elapsed without that he claimed the arrears of his pension, his or her spouse and her children aged less than twenty-one years can get provisional liquidation of pension rights which they would be opened in the event of death.


Article 28 more on this article...

Pensions granted pursuant to this regulation are transferable and seizable under the same conditions and limitations as wages.


Article 29 more on this article...

Pension allocated in accordance with the law on labour accidents and occupational diseases may be cumulative with pensions attributed to former officers of the SNCF or the beneficiaries thereof.

However, when it comes to accidents at work or occupational diseases occurring after January 1, 1947 and when upgrading to the reform is the result of the accident or occupational disease giving rise to allocation of the pension, the cumulation is limited to 80% of the elements of remuneration which would be taken into account for the calculation of the pension allocated to an agent of the same position level and category of work that one that belonged to the victim at the time of the accident or occupational disease recording, being understood that these elements of remuneration cannot be lower than the initial basic salary upgraded under the conditions provided by the law of common law on accidents at work and occupational diseases.
When the limit is reached, the reduction shall be made on the pension. In any case, the pension may be reduced.
However, no reduction is made on the amount of the pension from the date at which the agent would see its converted into old-age pension invalidity pension if it fell within the general social security scheme.


Section 30 read more on this article...

As of January 1, 2009, pensions are adjusted rate for civil servants of the State in application of article 16 of the code of civil and military pensions of retirement, subject to the transitional provisions set out in III of article 35.
This revaluation comes at 1 January of each year and applies to pensions which the effective date is no later than this same 1 January.


Article 31 read more on this article...

I. ― the surviving spouse who remarries receives, without subsequent revaluation, the pension which he enjoyed earlier in his new State.
Surviving spouses remarried who regained widowers or widows, divorced or separated body cover the entirety of their pension rights if they are aged at least sixty years or fifty-five years in the event of incapacity for work equal to or greater than 80%.
II. — the I of this article shall apply to the divorced spouse when he married after the liquidation of a survivor's pension for his benefit.
III. — for the purposes of the provisions of this section, the civil solidarity pact or concubinage have the same consequences as a remarriage. Their breakdown or the death of the partner or partner have the same consequences as divorce or widowhood.


Article 32 more on this article...

When initial advantage of direct right wind-up or reversion, the owner, nationals of countries or territories that belonged to the French Union or to the community or who have been placed under protectorate or the guardianship of the France, is not resident in France, compensation as a basis for the calculation of the pension is affected by a factor proportional to the report of the purchase in the country of residence and purchasing power parities purchasing power parities purchase of the France. This coefficient cannot be greater than 1.
The coefficient which is affected the basic remuneration is determined by the scale annexed order each year by the Minister of defence, the Minister in charge of the budget, the Minister responsible for the public service and Minister for veterans, for the purposes of section 68 of the amendment for 2002 abovementioned finance law.
The result remains constant until December 31 of the year following that in which took place the payment of entitlements. The coefficient is then reviewed annually by application of the scale referred to in the preceding paragraph. If the result is greater than that obtained for the previous year, it is retained in the reporting year. Otherwise, the previous value is maintained in force.
This device shall apply from 1 January 1999. At this date, the amount of the pension which would result from the application of the coefficients is compared to that served at 31 December 1998, plus 20%. The highest amount is retained.
Benefits provided to citizens of countries or territories that belonged to the French Union or the community or having been placed under protectorate or guardianship of the France may undergo, effective January 1, 2002 and on request, of a reversion. Applicable regulations and family status are valued at the date of independence of the States concerned.
This article shall apply subject to the decisions of justice in force of res judicata and disputes relating to the discriminatory nature of the provisions formerly applicable submitted before the courts prior to the date of publication of this Decree.

Chapter V: COORDINATION in matters of insurance old age and of insurance disability Article 33 in more on this article...

Beneficiaries hereto officers law, with regard to old age insurance, under the conditions laid down by the provisions of Chapter 3 of title VII of book I of the code of social security, the guarantee of the benefits they would have enjoyed if they had been beneficiaries of the general social security scheme.
By way of derogation from the provisions laid down in article D. 173 - 2 of the social security code, the periods during which a former agent received an invalidity pension served under the conditions specified in article 34 are taken into account as periods treated for the calculation of old-age pension.
Added to the benefits provided for in the first subparagraph is, for staff leaving the train without having acquired pension entitlement, a benefit of supplementary pension determined according to the level occupied by the interested parties, according to the rules of attribution and calculation in force respectively in the regime established by the national interprofessional agreement supplementary retirement on December 8, 1961 (ARRCO) and the regime established by the collective national pension and Provident Fund executives of 14 March 1947 (AGIRC).
Furthermore, any officer who leaves the SNCF without benefit of a right to retirement pension under the special scheme shall be entitled to the refund of previous contributions deduction, on the one hand, dues which allegedly due to the general social security scheme if it had noted, other part, contributions that have been designed to guarantee the advantage of supplementary pension scheme defined in the third paragraph of this article. When the amount of contributions so determined exceeds the amount than it has actually paid for the special regime, the person is required to remit the surplus of contributions which he would have been liable.
SNCF receives cash the refund of employer contributions, net of employer contributions to old-age insurance of the general system of social security and supplementary pension which allegedly due to the Fund to ensure plans to the agent the benefit rules of coordination with the general social security scheme and the supplementary pension benefit defined in the third paragraph of this article. If to deduct contributions exceed the amount of the repayable contributions, the SNCF pays the differential into the Fund.
The amount of the contributions to be taken into account in respect of the two preceding paragraphs is upgraded on the basis of the rules applicable in the regime.


Article 34 more on this article...

Any officer who is terminating his duties with a degree of disability equal or higher than two-thirds, within the meaning of the general social security scheme, is entitled to the guarantee of an invalidity pension calculated and served in the conditions laid down by this regime.

Chapter VI: Provisions transitional Article 35 in more on this article...

I. - Time bonuses and services needed to achieve the maximum percentage of the pension referred to in article 12 shall be 151 quarters for persons meeting the conditions laid down in articles 1 to 5 between July 1 and December 31, 2008 included. For persons meeting the conditions laid down in articles 46 to 50 after December 31, 2008, it increases by a quarter to January 1 and July 1 each year until July 1, 2012, inclusive, a quarter to December 1, 2012, then a quarter to July 1 of each year until it reaches the maximum defined in article 5 of Act No. 2003-775 of August 21, 2003 on pension reform. From 2013 onwards, the timing of this increase is adjusted, where appropriate, within the same timeframe than those provided for by the Decree mentioned in article III.
II. - The reduction coefficient provided for in article 13 I is applicable only to persons satisfying the conditions laid down in articles 1 and 3 effective July 1, 2010. For persons meeting the conditions laid down in articles 1 and 3 between July 1, 2010 and June 30, 2011 included, its rate is set by quarter missing at a tenth of the rate provided for in the first paragraph I of article 13. For persons fulfilling the conditions defined in articles 1 and 3 subsequent to June 30, 2011, it increases the same amount on July 1 of each year to match the rate provided for in the first paragraph I of article 13.

The age at which the reduction factor will be cancelled matches, for the period between 1 July 2010 and 30 June 2011 inclusive, at the age of reference referred to in 1 ° of the article 13 I decreased by sixteen quarters. Periods subsequent to June 30, 2011, this reduction is reduced from two quarters to July 1 each year until June 30, 2013 included then a quarter to July 1 of each year until 30 June 2024 included.
III. - The adjustment of pensions coefficient applicable at 1 January 2009 is fixed by order of the Minister responsible for social security in accordance with the provisions of the first paragraph of article 16 of the code of civil and military retirement pensions.
IV. - Notwithstanding the (d) of article 2 of the Decree of 7 May 2007 above, persons whose apprenticeship agreement or the contract of professionalisation with the SNCF is going to July 1, 2008 are affiliated, only for the old-age risk, the Fund provident and retirement of the staff of the SNCF from this date and benefit from free validation for the determination of the right and the calculation of pension, their learning period or prior to this date professionalization.
V. - The personal part of the permanent framework of the SNCF before 1 July 2008 and who have completed prior to their affiliation to the special scheme for auxiliary or contract to SNCF services may obtain, at their request, taking into account for retirement such services subject to the payment of the contribution referred to in article 1 of the Decree of 28 June 2007 above. Validation must be requested before the termination of service to SNCF and no later than June 30, 2013.
In respect of the abovementioned periods, the SNCF is liable to pay the employer's contribution defined in article 1 of the Decree of 28 June 2007 above.
The definition of services likely to be taken into account and the method for calculating the contributions of employees and the SNCF are identical to those laid down by the provisions in force prior to July 1, 2008.
Contributions employee and employer pension paid during such periods to the general social security scheme cancelled pursuant to this regime in accordance with article D. 173 - 13 of the code of safety social and total of foresight and the staff of the SNCF retirement fund are deducted from those due in application of the preceding paragraphs.


Article 36 more on this article...

Until December 31, 2008, the adjustment of pensions is done taking into account the increase in remuneration subject to deduction for retirement for officers in activity.
It is however required account only following developments: has) the integration of the residence allowance 1/2 point integrated in base contributory and closable at December 1, 2008;
(b) taking into account for the first stage of expansion of the premium end of the year of the work premium calculated for agents of the administrative sector and the premium executive management mentioned in IV of article 14;
(c) general wage increases involved if any in the second half of the year 2008).


Article 37 more on this article...

For the agents admitted to the permanent forum before July 1, 2008, the starting point of the affiliate cannot be prior to their eighteenth birthday. ' Title II: final provisions Article 38 more on this article...

I. - The provisions of this order come into force July 1, 2008. Are repealed on the same date: 1 ° the Decree n ° 2008 - 47 of 15 January 2008 on the special pension scheme of the staff of the national french railway company;
2 ° the status of the pensioners of the national french railway company and the regulation of pensions of the staff of the national society of french railways as drafted prior to the provisions of title I of this Decree.
II. - Are or remain repealed: 1 ° Act of July 21, 1909 on the conditions of retirement of staff of large networks of railway of general interest;
2 ° the Act of 28 December 1911 supplementing the provisions of the aforementioned Act of July 21, 1909;
3 ° the Legislative Decree of April 19, 1934, amending the railway pension scheme.


Article 39 more on this article...

The Minister of State, Minister of ecology, energy, sustainable development and development of the territory, the Minister of labour, social relations, family and solidarity, the Minister of budget, public accounts and public service and the Secretary of State for transport are responsible, each in relation to the implementation of this Decree which will be published in the Official Journal of the French Republic and enter into force immediately.

Annex A N N E X E 1 ADMISSION to the framework PERMANENT Classification of personnel of the permanent framework 1.1. The permanent staff includes agents tested and commissioned officers.
1.2 the test agents are those from their admission to the permanent forum, carrying out an internship during which the quality of their services and their ability to exercise one of the trades of the railway are examined.
1.3. officers who have completed the period for their placement test and whose services were found satisfactory are commissioned.
A N N E X E 2 leave availability referred to the ARTICLE 10 of this Decree leave provided for in article 5 of Chapter 1 of the status of collective relations between the SNCF and its staff: ― availability leave for Trade Union functions in trade unions composed of railway workers recognized as the most representative.
Leave provided for in article 12 of Chapter 10 of the status of collective relations between the SNCF and its staff: ― leave availability for elective office;
― availability for long-term sick officers hospitalized leave or needing to perform a cure;
― availability leave granted to the gatekeepers whose job is deleted and which could not be provided with a new job;
― availability leave granted to officials whose spouse or the person related to the agent by a civil solidarity pact, a dependent parent or child is sick;
― parental education leave on expiry of maternity leave until the child's third birthday;
― parental presence leave granted to a staff member whose dependent child is victim of an illness, accident or serious disability requiring the presence of a person at his side;
― availability for education of children leave granted to the agent to devote himself to the education of his children.
A N N E X E 3 posts of conduct for the opening of the right to retire at fifty years, referred to in article 1 of this Decree, and bonuses traction referred to the 1 ° of article 9 of this Decree are sector "Transport-Traction" and the specialty "traction".
Are concerned officers placed on the qualifications TA and TB and occupying one of the following grades: 1 Qualification TA: tram-train driver ― (CRTT);
main tram-train driver ― (CRTTP);
driver — flexibility and local lines (CRML);
driver — flexibility and local main lines (CRMLP).
2 qualification TB: ― for driver of line amounts (CRLEL);
driver line ― (CRL);
driver main line ― (CRLP).
A N N E X E 4 PAINFULNESS PROVEN 213 JOBS ― CONDUCTOR (TRICE) OF LOCOMOTIVES.
215 ― CHIEF YARD (DOT) (H/F).
218 ― MANŒUVRE AGENT (H/F).
219 ― HANDLING AGENT (H/F).
220 ― RECOGNITION FREIGHT (H/F) AGENT.
226 ― AGENT MARSHALLING FREIGHT (H/F).
227 ― SERVING CARGO (H/F) AGENT.
229 ― COORDINATOR (TRICE) DISCONNECTION.
230 ― HEAD OF TRAINING SERVICE OF TRAINS CARGO (H/F).
234 ― HAZARDS (H/F) FREIGHT HANDLER.
278 ― OPERATOR (TRICE) YARD.
398 — MANAGER OF CONVOY CARGO (H/F).
623 ― STATION CARGO (H/F) MANAGER.
685 — SUPERVISION OF THE NOC FREIGHT OPERATOR (TRICE).
214 ― HEAD OF CIRCULATION (H/F).
216 ― COORDINATOR REGIONAL TRAFFIC.
224 ― AGENT CIRCULATION (H/F).
225 ― SWITCHER/AIGUILLEUSE.
232 ― REGULATOR/REGULATORY.
235 ― TECHNICIAN TRAFFIC.
279 ― OPERATOR DISCONNECTION (BRAKEMAN).
119 ― OPERATOR (TRICE) PROD. MECHANICAL SIGNALLING.
120 ― OPERATOR (TRICE) PROD. SIGNALING/ENERGY.
123 — OPERATOR OF PRODUCTION OVERHEAD.
125 ― OPERATOR PRODUCTION WAY.
126 ― DRIVER EQUIPMENT.
128 ― OPERATOR WELDING TRACK.
130 ― PRODUCTION OPERATOR (TRICE) WORKS OF ART.
144 ― TECHNICIAN OF PRODUCTION OVERHEAD.
146 ― TECHNICIAN WELDING TRACK.
148 — PRODUCTION TECHNICIAN ROUTE.
155 ― TECHNICIAN (NE) SIGNALLING MECHANICAL PRODUCTION.
286 ― REGULATOR/REGULATORY SUBSTATIONS.
443 ― TECHNICIAN (NE) SIGNALLING/ENERGY PRODUCTION.
691 ― MAINTENANCE MECHANICS (H/F) OPERATOR.
693 ― OPERATOR INTERIOR (H/F).
695 ― THERMAL MAINTENANCE OPERATOR (H/F).
697 ― OPERATOR BOILER (H/F).
698 ― OPERATOR WELDING (H/F).
716 ― OPERATOR PAINTING (H/F).
718 ― OPERATOR WOOD AND OTHER MATERIALS (H/F).
719 ― VISIT FREIGHT (H/F) OPERATOR.
745 ― HANDLING OPERATOR (H/F).
789 ― OPERATOR MOVEMENT MATERIAL (H/F).
799 ― MAINTENANCE BRAKE (H/F) OPERATOR.
584 ― AGENT OPERATIONAL MONITORING (H/F).
585 ― PERMANENT PC SECURITY (H/F).

600 ― AGENT OPERATIONAL MONITORING GENERAL (H/F).
605 — DRIVER OF DOGS.
625 ― ASSISTANT (E) SUGE.
300 — CONDUCTOR (TRICE) OF MANŒUVRE AND OF COURSE.
301 ― LINE CONDUCTOR (TRICE).
309 ― ASSISTANT (E) TO THE DRIVER.
470 — CONDUCTOR (TRICE) OF TRAM-TRAIN.
599 — CONDUCTOR (TRICE) OF MANŒUVRE AND LOCAL LINE.
001 ― SERVICE OFFICER TRAINS (TCSA) (H/F) COMMERCIAL.
002 ― LEADER BOARD MONITOR (H/F).
277 — AGENT STOP PRODUCED TRAIN (MANŒUVRE-DEPARTURE) (H/F).
Note. ― Beyond 58 proven hardship jobs, employment not covered by this list may however enable an officer to benefit from measures related to hardship if this profession is for example exercised night (more than 65 nights per year) or in 3 x 8. To be validated under the benefit of measures related to hardship, these operating conditions must be observed for a year on an ongoing basis.
A N N E X E 5 blogs 30 and 31 of regulation of staff SNCF (RH0131) Article 30 transfer with or without progress for the needs of the service. Changing an accident at work or an occupational disease 30.1. Any agent in continuous service which is the subject of a change of grade (1) for one of the following reasons: — progress;
― lateral transfer of office for the purposes of the service;
― lateral transfer or other degree for physical incapacity resulting from an accident at work or an occupational disease, receives additional remuneration if his new salary is less than he would receive if he had kept his former rank in its new unit of assignment, if there is a change of assignment unit (2) (3).
This article is also applicable to agents of qualifications B, C and D of passenger specialty 'service of the trains' who, after at least fifteen years belonging to this specialty, have transferred laterally or another degree following incapacity recognized after a medical examination, except in the case where the incapacity is the result of injury out of service.
It is specified that this supplement to remuneration is not assigned in the following cases: ― lateral move motivated by the inadequacy of the services of the individual, even if this change of grade has not had the nature of a disciplinary measure;
― change of grade delivered on request of an officer;
— change of grade delivered as a result of the success to a review or a competition for access to a rank of early (unless this change allows the reclassification of the agent as a result of a work accident, of an occupational disease or incapacity in respect of article 31).
30.2. This supplement to remuneration includes a monthly compensatory allowance and an additional premium of end of the year. The monthly compensatory allowance is equal to the difference between the total of the monthly remuneration corresponding to the former rank of the person concerned and his new rank.
Such fees include the following: ― treatment;
― residence allowance (if there were a change of assignment units, residential to consider increasing rates is one of the new unit of assignment);
― monthly average theoretical value of the work premium;
― additional compensation.
Where agent received in his former grade of compensation awarded pursuant to this section, it must be taken into account in the same way as the elements listed.
If the old rank of the officer was classified on one of the qualifications TA or TB, the value of the award of work to take into account (1) for the calculation of the remuneration corresponding to the former grade is the monthly average of traction premiums made by the person concerned during the 12 calendar months preceding his change of grade or his injury (2). , is the theoretical average monthly value corresponding to his rank, if it is more advantageous.
The supplement of year-end bonus is equal to the difference (if it is positive) between: ― on the one hand, the amount of the premium end of the year corresponds to the former rank of the person concerned (if there were a change of assignment units, residential to consider increasing rates is one of the new unit of assignment);
― on the other hand, the amount of the premium end of the year corresponding to the new rank of the person concerned.
Where appropriate, is also included in the calculation of this year-end premium supplement supplement (related to the year-end bonus) compensation for each of the affected grades.
(1) or of a unit change of assignment, without change of grade, resulting in a change in the award-winning code, when this change is made for the needs of the service or physical incapacity resulting from an accident at work or an occupational disease.
(2) these provisions are also applicable to fasteners or young professionals who are, for the same reasons, a change of employment subsequent to their first assignment in the organizational framework for employment, except when the hitch or the young framework was placed on a qualification higher qualification corresponding to the job he held.
(3) for officers who benefit from a supplement to remuneration in respect of section 30.1, displacement and for lack of housing allowances, allowance and change of residence allowance are paid by reference to their old situation if stakeholders have advantage.
Article 31 transfer of officers conduct of the locomotives to another degree following incapacity recognized after a medical visit any officer of TA and TB qualifications which, after three years at least of driving services (3), was transferred to another degree following incapacity recognized after a medical visit, receives ― except where the incapacity is the result of injury out of service ― a supplement to remuneration in the following conditions (: The agent has ten years at least to conduct services: it receives: has) a monthly compensatory allowance equal to the difference between: ― a share, the total of the treatment and residence allowance (if there was a change of assignment units, the rate for residential to consider increasing is the new unit of assignment) corresponding to his former rank increased 5/6 of the monthly average of the premiums for the traction performed by the person concerned during the 12 calendar months preceding the day from which it was actually used on the locomotives (1A), and 5/6 of the theoretical average monthly value of the premium of traction corresponding to his former rank, if it is more advantageous;
― on the other hand, total treatment, residence allowance, the monthly average theoretical value of the work premium and, where applicable, the additional compensation corresponding to his new rank.
(b)) a higher year-end premium calculated in accordance with the last subparagraph of article 30(2).
The agent has less than ten years of driving services: monthly compensatory allowance and, where appropriate, supplement of year-end bonus are calculated at the rate of n/10 of the amounts determined as indicated above, "n" is the number of years spent in the service of conduct, rounded to the nearest whole number, or higher in the case of equidistance.
(1) the value of the work (before and after the change of grade) premiums does not come into account in the calculation of the supplement to remuneration when a locomotive driving agent changed grade to the needs of the service will continue to ensure the conduct of a traction unit.
(2) if the base rate of premiums have been changed since the beginning of the annual reference period, this average value is calculated taking into account the successive increases applied to the basic rate.
(3) the duration of driving services to be considered shall include, in addition to the length of service in a rank of conduct: 1 ° the periods of use on that immediately preceding tenure in a rank of conduct and locomotives that were interrupted only by discounts in sedentary service for a period which, for each of them does not exceed sixty days.
2 ° the periods of use on locomotives prior to the periods taken into account by the application of the 1 ° above, but provided that each of them has a duration of at least 60 days. For the purposes of 1 ° and 2 ° above, shall be assimilated to periods of use on locomotives the rest and leave related: periodic, complementary or compensating rest vacation if they are preceded by or followed by a period of use on locomotives and additional holidays with pay filling the same condition.
(1A) If the base rate of premiums have been changed since the beginning of the annual reference period, this average value is calculated taking into account the successive increases applied to the basic rate.

Done at Paris, on June 30, 2008.
François Fillon Prime Minister: the Minister of labour, social relations, family and solidarity, Xavier Bertrand Minister of State, Minister of ecology, energy, sustainable development and the development of the territory, Jean-Louis Borloo Minister of budget, public accounts and public service, Eric Woerth Secretary of State for transport, Dominique Bussereau

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