Key Benefits:
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;
Given the Civil and Military Pension Code;
Vu le Social Security Codeincluding articles L. 711-1 and R. 711-1;
Vu le Labour code ;
Vu la Act No. 98-1194 of 23 December 1998 the financing of social security for 1999, including its article 41;
Having regard to the Corrigendum Financial Law for 2002 No. 2002-1576 of 30 December 2002, in particular Article 68;
Vu la Act No. 2003-775 of 21 August 2003 amended to reform pensions, including article 5;
Vu le Decree of 6 August 1938 fixing the staff insurance scheme of the Société nationale des chemins de fer français other than those of the former network of Alsace and Lorraine;
Vu le Decree No. 50-637 of 1 June 1950 amending the duties of the Board of Directors of the Société nationale des chemins de fer français in respect of personnel;
Vu le Decree No. 99-1161 of 29 December 1999 relating to the duration of the work of the staff of the Société nationale des chemins de fer français;
Vu le Decree No. 2007-730 of 7 May 2007 relating to the pension and pension fund of the staff of the Société nationale des chemins de fer français;
Vu le Decree No. 2007-1056 of 28 June 2007 relating to the resources of the pension and pension fund of the staff of the Société nationale des chemins de fer français;
Having regard to the advice of the board of directors of the pension and pension fund of the staff of the Société nationale des chemins de fer français dated 12 June 2008;
Given the emergency;
After notice of the State Council (social section),
Decrete:
I. ― Any affiliated agent under thearticle 2 of the decree of 7 May 2007 referred to above leaving or leaving the NWSWS is entitled to a pension when it has at least twenty-five years of pensionable service and reaches the age of:
1° Fifty years if he/she performs the duties of a driving officer under the list of jobs listed in Appendix 3 to this Order or if he/she has 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 fifteen-year condition, referred to in 1° of the I, it is taken into account not only the service time performed on the railway tensile equipment in the employment of a driving agent but also:
1° Periods of service on railway tensile equipment that immediately preceded titularization in a driving job and which were interrupted only by sedentary service of a duration that, for each of them, did not exceed sixty days;
2° Periods of service on railway traction equipment prior to periods taken into account by application of the preceding paragraph, but provided that each of them has a duration of sixty days.
The rest and leave associated with them shall be assimilated to the periods of service on the railway tensile equipment: periodic rest, supplemental or compensatory, annual leave if preceded or followed by a period of service on the railway tensile equipment and additional leave with pay meeting the same condition.
An agent that an illness, injury or disability makes it impossible to take a job at the SNCF may request a reform. Its admission to reform can also be made ex officio by the SNCF.
The decision to reform is taken by the SNCF after consultation with the reform commission referred to in the statute of collective relations between the SNCF and its staff pursuant to Article 1 of the above-mentioned Decree of 1 June 1950, in which at least one doctor-in-council of the staff pension and pension fund of the SNCF is located. This decision takes effect except as a result of the reasoned opposition of the director of the caisse made with the SNCF within fifteen days.
A reform pension is terminated regardless of the duration of service performed by the agent at the time of separation.
A recognized officer who is unfit under the conditions set out in the 1st paragraph of this article and whose incapacity results either from a sustained struggle or from an attack on the occasion of his or her duties, or from an act of dedication performed in the right of the railway in order to save the life of one or more persons may, exceptionally, obtain a pension that, added to the annuity that he or she collects in accordance with Book IV. For agents whose normal retirement entitlement opens at the age of fifty years pursuant to section 1, the amount of the total annuity served by the credit union is equal to three-quarters of the last fixed salary, increased other compensation subject to deduction during the twelve months preceding the termination of the duties, or if that is more favourable to them, to three-quarters of the average pay subject to deduction of the three most productive years.
I. ― An officer who leaves or leaves the NWS without the power to claim a seniority pension under section 1 or a reform pension under section 2 and who has at least one year of effective service in the permanent framework of the NWS shall be entitled to a proportional pension as soon as he has reached the age corresponding to that of opening the right to retirement defined in section 1st.
The provisions of the preceding paragraph shall not apply to agents who have left the NWS before 1 July 2008 or to persons who have entered into an affiliated apprenticeship or professionalization contract pursuant to provisions of Article 2 of the Decree of 7 May 2007 referred to above who were not admitted to the permanent framework.
II. ― Agents with at least three children living or deceased by war or a child living over one year of age and with a disability equal to or greater than 80% and with at least fifteen years of effective service, who cease their duties voluntarily, are eligible for immediate benefit from a proportional pension provided that they have, for each child, interrupted their activity under the conditions defined below.
The children mentioned in the preceding paragraph are assimilated to the children listed in the 1st, 2nd, 3rd, 4th and 5th of the I of Article 16 which the persons concerned raised under the conditions provided for in the first paragraph of this article.
The interruption of activity in the first paragraph of this II shall have a continuous period of not less than two months in the context of maternity leave, paternity leave, adoption leave, parental leave, education parental leave, leave of absence for the education of children or, for persons who have exercised a statutory or non-employed activity prior to the termination of their employment. In the event of simultaneous births or adoptions, the duration of the interruption of the activity taken into account for all the children involved is also two months.
This interruption of activity must take place during the period between the first day of the fourth week before birth or adoption and the last day of the sixteenth week after birth or adoption.
However, for the children listed in 2°, 3°, 4° and 5° of I of Article 16 that the person concerned raised for at least nine years before their twenty-first birthday, the interruption of activity must take place before that date.
No minimum duration of interruption of activity is required when the birth, adoption or care of the child intervened while the person concerned did not have any professional activity.
For the purposes of Article 12 and 2 of Article 13, the number of quarters to obtain the maximum pension percentage is that of the date on which the pension entitlement is opened pursuant to this Part.
Recognized agents with an occupational disease caused by asbestos under the conditions fixed by theArticle 41 of the Act of 23 December 1998 referred to above may apply for the immediate benefit of a pension from the age of fifty if they total a period of fifteen years of pensionable services, appreciated as if they had continued their activity up to fifty-five years, provided that they are not entitled to an old age pension under section 1. This pension is liquidated under the conditions set out in this title, with the exception of the duration of the services, which are determined as if the agent had continued its activity until the age of fifty-five years.
I. ― The age of fifty-five years resulting from Article 1 is lowered:
1° Fifty-two and one-half years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in Article 13 III, at least equal to the number of quarters referred to in the second paragraph of Article 12, reduced by fifty quarters, and a period of insurance having given rise to contributions to their dependants at least equal to the number of quarters referred to in Article 12
2° Fifty-three years for persons with disabilities if warranted when they were incapacitated permanently at least 80% of an insurance period, as defined in Article 13 III, at least equal to the number of quarters referred to in the second paragraph of Article 12, reduced by sixty quarters, and a period of insurance having given rise to contributions to their charge at least equal to the number of quarters mentioned in the second paragraph of Article 12;
3° Fifty-three and one-half years for persons with disabilities if they are justified when they were permanently incapacitated at least 80% of an insurance period, as defined in Article 13 III, at least equal to the number of quarters referred to in the second paragraph of Article 12, reduced by seventy quarters, and an insurance period that resulted in contributions to their pay at least equal to the number of quarters referred to in Article 12, less than 70 quarters
4° Fifty-four years for persons with disabilities if warranted when they were incapacitated at least 80% of an insurance period, as defined in the III of section 13, at least equal to the number of quarters referred to in the second paragraph of section 12, reduced by eighty quarters, and a period of insurance that resulted in contributions to their dependants at least equal to the number of quarters referred to in the number of audits
5° At fifty-four and a half years for persons with disabilities if they warrant that they were permanently incapacitated at least 80 per cent of an insurance period, as defined in the III of Article 13, at least equal to the number of quarters referred to in the second paragraph of Article 12, reduced by ninety quarters, and an insurance period that resulted in contributions to their pay at least the same level
For the purposes of the preceding paragraphs, they are considered to be agents with permanent incapacity at least 80%:
(a) Agents who are victims of an occupational accident or illness with a permanent disability rate of at least 66%;
(b) Agents with a heavy disability recognized under the conditions defined in second paragraph of Article L. 5212-9 of the Labour Code or first paragraph of Article 96 of Law No. 2005-102 of 11 February 2005.
II. ∙ A pension increase is granted to disabled persons referred to in I of this article. The rate of the pension increase is set at one third of the quotient obtained by dividing the duration of the services actually performed during which the individual was permanently incapacitated at least 80% or was in the circumstances referred to in a and b of the same article by the duration of the services and bonuses allowed in liquidation. This number is rounded, if any, to the nearest one hundredth.
The pension increase applies to the amount of the pension raised, if any, to the minimum pension provided for in section 15.
The pension so increased cannot exceed the pension that would have been obtained by application of the maximum percentage referred to in section 12.
The pension of the reformed agents re-administered to the permanent framework is abolished from their readmission. In no case can reformed agents obtain the validation for the retirement of the interruption period during which they have benefited from the reform pension.
However, reformed officers as a result of injury in service or occupational disease and then re-admissed may, upon request, obtain, upon re-admission, the validation for the retirement of the interruption period during which they received a reform pension, with the payment of salary contributions and employer contributions provided for in section 10.
I. ― The period of service to be taken into account for the determination of entitlement to benefits defined by these Regulations and for the calculation of the pension is the duration of the affiliation.
II. ∙ This duration is increased:
1° Time of active military service or national service actually performed by the persons concerned within the limits of the time of legal service due to the class to which they belong by their age;
2° Actual service time for civil volunteering, at least six months, and within 24 months.
III. ― are also taken into account, within nine years, for the determination of the pension entitlement and for the calculation of the pension quotity, the periods in which the persons concerned benefited from the tuber care 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, subject to the conditions specified inArticle L. 161-21 of the Social Security Code.
IV. ∙ The periods in which the officers were authorized to perform part-time service are taken into account under the following conditions:
1° For the determination of the right to pension, for the full duration of the pension;
2° For the duration of fifteen years of affiliation provided for in 1° of the I of Article 1, due to the fraction of their duration equal to the ratio between the duration of the services performed and the full-time service obligations;
3° For the calculation of the " pension " , because of the fraction of their duration equal to the ratio of service duration to full-time service obligations.
V. ― Are also taken into account, for the determination of the right to pension and for the calculation of the quotity of the pension, the periods of interruption or reduction of activity during which agents have benefited from parental leave, parental education leave, leave of absence for the upbringing of children under eight years of age or a part-time to raise a child under the age of 16. The duration thus taken into account is limited to one year per child for children born or adopted before 1 July 2008 and to three years per child for children born or adopted from that date. In case of activity reduction, the duration taken into account is the unworked duration.
The provisions of the preceding paragraph are exclusive, for the periods in question, of any possibility of additional validation on an expensive basis at the expense of the agent. However, for children born or adopted before 1 July 2008, officers who have previously conducted an expensive validation at their expense for the periods in question are entitled to the provisions of the preceding paragraph.
The application of these provisions may not lead to the deduction of the unworked period twice for the determination of the pension entitlement or for the calculation of the insurance period defined in the III of Article 13.
I. ― may also be taken into account, for the determination of pension entitlement and for the calculation of pension quotity, unworked periods, in the case of a reduction of part-time activity:
1° To raise one or more dependent children under the age of sixteen;
2° To treat a child with a disability that requires continuous care;
3° To assist the spouse, an ascendant or a child of the agent (or his or her spouse) if his or her condition requires, as a result of an accident or serious illness, the presence of a third person;
4° For persons benefiting from a phased cessation of activity as part of a contract of employment entered into on or after the date of entry into force of this title;
5° Within the framework of a work regime specific to thirty-two hours a week, within the meaning of Decree No. 99-1161 of 29 December 1999 the duration of the work of the staff of the Société nationale des chemins de fer français, when the officer reached the age of opening the pension entitlement set out in section 1 and within three years.
II. ∙ The benefit of the provisions provided for in I shall be subject to the payment by the agent:
1° On the one hand of the salary contribution set out in Article 1 of the Decree of 28 June 2007 calculated on the liquidable remuneration that the individual would have received if he had worked in full time;
2° From a supplementary contribution, at a rate of 12%, based on the difference between the remuneration that he would have perceived if he worked in full time and that resulting from the reduction of his activity.
The SNCF is also liable for the employer's contribution set out in section 1 of the Decree of 28 June 2007, which is based on the difference between the remuneration that the individual would have received if he worked in full time and that resulting from the reduction of his activity, deducting from the dependant's contribution under the preceding paragraph.
The following bonuses are added to the services defined in section 7:
1° For personnel whose admission to the permanent framework of the SNCF was issued before January 1, 2009, a bonus of one quarter per year of affiliation, beyond the third, in one of the jobs referred to in Article 1 II, which open the right to normal pension at the age of fifty.
This bonus is limited to a maximum of twenty quarters. It shall be assigned for any period of service on the railway traction equipment actually performed in a conduct employment, including, where applicable, the periods of exercise of the duties of the conduct agent referred to in section 1. In addition, leave of absence for the exercise of trade union functions in trade union organizations composed only or not of workers.
Do not enter the period taken into account for the calculation of the bonus the periods corresponding to irregular absences lasting more than eight days, as well as absences caused by non-service diseases or injuries, absences resulting from injury in service or occupational disease and temporary remission periods in sedentary service on any ground, where the uninterrupted duration of these absences is more than three months.
The bonus is awarded even if the officer completes his or her career in employment other than those eligible for pension at fifty years of age and even if the duration of his or her services in a conduct job is less than fifteen years.
For flight attendants who do not count the number of years of conduct required to obtain twenty quarters of bonuses:
– due to a period of at least twenty-four months between their success in the conduct review and their appointment on a grade of conduct as set out in Appendix 3 to this Order;
– or at least seven years between their admission to the permanent framework and their success in the conduct review;
or because of medical reasons,
each year of conduct beyond the fifteenth year shall be entitled to an additional year in respect of the calculation of the bonuses specified in this 1st. The number of these additional years is capped to three, within the limit of the period of incapacity.
2° The campaign benefits acquired under the validated military services, as these campaign benefits are allocated and deducted in accordance with the provisions applicable to civil servants of the State. The maximum percentage referred to in the third paragraph of Article 12 may be increased by five points of the head of these profits.
A staff member with a leave of absence granted on any of the grounds listed in Appendix 2 to this Order may acquire retirement rights for all or part of that leave subject to:
1° Payment of the wage contribution defined to theArticle 1 of the Decree of 28 June 2007with the exception of Article 7 V recipients;
2° From the payment of a fixed fee lump sum to 12% of the compensation elements defined in 4° of II of Article 2 of the Decree of 28 June 2007, with the exception of the agents beneficiaries of the V of Article 7 and of the agents whose leave of absence was pronounced to allow the exercise of trade union functions in professional organizations exclusively or partially composed of railway workers. In the latter case, payments for the employer contribution defined in section 1 of the Decree of 28 June 2007 are payable to the SNCF.
For the officer whose normal retirement entitlement opens at the age of fifty years pursuant to section 1, the traction premiums taken into account are:
- either the premiums affected by the agent in his or her employment during the twelve months preceding the lay-off or, if the agent was appointed in employment less than twelve months before his or her availability, affected by him since his appointment and reported to the entire year;
either, if this amount is higher, the monthly theoretical average value corresponding to its grade.
For those who are on leave of absence, either for job removal or for modification in the situation of the spouse and reoccupied as a contractual agent, the payments for the maintenance of their pension rights under the special plan are calculated under the conditions set out in the preceding paragraphs, but the payments that are requested to them in representation of the employers' expenses are diminished from the amount of the employer insurance premiums
Periods of study in schools, schools and classes mentioned inArticle L. 381-4 of the Social Security Code may be taken into account:
- either under Article 12;
- either under Article 13 I;
either to obtain a winding-up supplement under section 12 without taking this supplement into account in the insurance period defined in section 13 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.
Periods of study that have resulted in an equivalent degree from a Member State of the European Union may also be taken into account.
Admission to major schools and classes of the second degree preparatory to these schools is assimilated to graduation.
These quarters should not have resulted in a validation in a mandatory basic pension plan.
The duration of eligible liquidation services and bonuses is expressed in quarters. In the final count of liquidable quarters, the quarter fraction equal to or greater than forty-five days is counted for one quarter. The quarter fraction below forty-five days is neglected.
Subject to the transitional provisions in section 35, the number of quarters required to obtain the maximum percentage of the pension is set at one hundred and sixty quarters and changes as the duration of the services and bonuses required of State officials to obtain the maximum percentage of a civil pension under the conditions defined in theArticle 5 of Act No. 2003-775 of 21 August 2003 reform of pensions.
The maximum pension percentage is 75 per cent.
Each quarter shall be paid by the maximum percentage defined above 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 14 below.
I. - Subject to the transitional provisions contained in Article 35, where the duration of insurance, as defined in III below, is less than the number of quarters required to obtain the maximum percentage of the pension referred to in Article 12, a coefficient of minoration, the rate of which is that provided for State officials pursuant to I of Article L. 14 of the Civil and Military Pension Code, applies to the amount of the pension calculated under section 12, within the twenty-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 persons whose opening of the right to pension is not subject to a minimum age condition, the reference age is that which would result from the application of the previous sentence if they were not exempted from such a condition;
2° The number of additional quarters that would be required, at the date of liquidation of the pension, to reach the number of quarters to obtain the maximum percentage of the pension referred to in section 12. However, the number of quarters taken into account may not exceed the difference between the said number of quarters to obtain the maximum percentage of the pension and 150, which being reduced, if any, by the number of quarters of insurance within the meaning of the III below, 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° above is considered.
The lowering coefficient is not applicable to employees whose pension is liquidated under sections 2, 4 and 5.
The lowering factor is not applicable to reversion pensions when the liquidation of the pension that the agent could have benefited after his death in business.
II. ― Where the insurance period, as defined in III below, is greater than the number of quarters required to obtain the maximum percentage of the pension referred to in section 12, without being less than one hundred and sixty quarters, and the agent has attained the age of sixty years, an increase coefficient applies to the amount of the pension calculated under section 12.
The number of quarters taken into account in this calculation is equal, on the date of the winding-up of the pension, to the number of quarters of insurance within the meaning of the following III, which were paid and completed after July 1, 2008, beyond the age of sixty years and in addition to the number of quarters mentioned in the preceding paragraph.
When the activity is carried out on a part-time basis, the number of quarters so determined is retained for a fraction equal to that defined in the authorized work regime.
The corresponding number of quarters is rounded to the upper integer.
The rate of increase is equal, per additional quarter within 20 quarters, to the rate for government officials under the III of Article L. 14 of the Civil and Military Pension Code.
III. ― The duration of the insurance shall be the duration of eligible liquidation services and bonuses, if any, of the insurance period and of the equivalent recognized periods validated in one or more other mandatory basic pension plans.
For each of their children, women who have given birth after their recruitment by the SNCF receive an insurance increase of two quarters. This increase in the duration of insurance cannot be combined with the periods taken into account under Article 7 V when they are greater than or equal to two quarters.
Agents raising or raising a child under the age of twenty-one years with a disability equal to or greater than 80% are eligible for an increase in their term of insurance per 30-month education 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 be more than four quarters, subject to increases in service life and enhancements under these Regulations.
I. ― The compensation elements collected by a permanent executive officer pursuant to the provisions of Chapter 2 of the statute of collective relations between the SNCF and its staff in its drafting on July 1, 2008, or an off-the-job staff member at the SNCF who are included in the pension calculation are:
1° Fixed treatment;
2° The compensation elements considered to be salary accessories by the staff regulations of the SNCF (RH 0131) in its drafting as of 1 July 2008 and subject to retirement:
(a) The accommodation allowance for the rear guards with discontinuous service;
(b) Work allowance for:
- the monthly theoretical average value for non-driving agents with continuous service;
– the real value for the driving agents;
(c) The compensatory allowances and end-of-year premium supplements paid in the event of a change of grade;
3° The year-end bonus excluding the fraction corresponding to the residence allowance;
4° The annual operating bonus excluding the portion of the residence allowance, the non-family surcharge holiday bonus, according to the following schedule: one quarter to 1 June 2008, one quarter to 1 June 2009, one quarter to 1 June 2010 and one quarter to 1 June 2011, the end-of-year premium increase equal to a monthly theoretical value of the work allowance calculated for the officers of the administrative sector 2008
5° The following supplements and increases:
(a) The compensation supplement, applied to the elements mentioned in 1, 2 and 3, paid to the officers placed on the last position of compensation for qualifications A to H as long as they are at least fifty years of age and justify at least five years of seniority on the position of pay. This supplement is 3% except for qualification D where it corresponds to the difference between the elements mentioned in 1°, 2° and 3° relating to the agent's compensation position and those relating to the higher pay position;
(b) A specific salary increase for employees whose pension entitlement is open to fifty-five years and who extend their activity beyond that age, equal to 0.5 per cent per semester worked beyond fifty-five years, within seven semesters;
(c) Additional salary increases for employees whose pension entitlement is open to fifty years and who extend their activity beyond that age, equal to 0.5 per cent per semester worked beyond fifty years within five semesters;
(d) The 2.5% pay supplement awarded to agents whose pension entitlement is open to fifty years, i.e. at that age if they do not have a detachment, or six months before they reach the age at which the detachment cancels;
(e) The exceptional salary increase, equal to 0.25% per quarter of apprenticeship at the SNCF, which is co-ordinated and validated in the general plan, within eight quarters, which is attributed to the opening age of pension entitlement, effective July 1, 2010, to former apprentices present in the company as of June 30, 2008 and which do not fall within the provisions of section 35 IV;
(f) The increase in the work allowance attributed to agents justifying at least twenty years in a painful job falling under the list in annex 4 to this decree.
II. ― The pension is calculated on the compensation elements for the position, level and class of employee's work allowance at the time of termination of his or her duties, provided that the position, level and grade of work allowance has been assigned to him for at least six months. The same period is applicable for taking into account the supplements and majorations mentioned in the 5° 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 services are equivalent to full-time services.
If this condition is not met, the pension is calculated on the same compensation elements for the position, level and previous work allowance category. However, if a lower position or a different category of work allowance has been assigned for a cause other than a health reason or a professional fault, the situation previously occupied may not be reported.
When the officer, at any time of his career, was assigned a lower position or a different class of work allowance for health or professional misconduct, the pension is calculated on the most advantageous of the remuneration for the following situations:
― position, step and category of work allowance occupied at the end of the career;
position, step and class of work allowance prior to the shift, provided that position, step and work allowance were assigned to the position at least six months prior to the termination of the position.
When, as a result of a change in grade, the officer received an additional compensation set out in section 30 of the Staff Regulations of the SNCF (RH 0131) in writing on July 1, 2008, as set out in annex 5, the pension is based on the most advantageous of the remuneration for the following situations:
― position, step and category of work allowance occupied at the end of the career;
― position, step and class of work bonus that would have been occupied at the end of the career if there had been no change.
The same provision applies where a driving officer has been transferred to a grade other than a grade of conduct for medical reasons, while at least ten years of service of conduct and has received a supplement of compensation as defined in section 31 of the Staff Regulations of the SNCF (RH 0131) in its writing on July 1, 2008, as set out in Appendix 5.
When an officer's career includes continuous services and discontinuous services, the elements of pay, the basis of the pension, are those that correspond to continuous services provided that the employee has performed such services for at least three years.
The six-month period is not opposed when the reform or death of an officer results from the performance of the duties. In the same case, the three-year period referred to above is not opposed to the agent certifying his or her duties in a continuous-service position and that would meet that period if he had continued his or her career until the normal retirement.
III. ― For officers whose pension entitlement opens at the age of fifty years pursuant to section 1, the amount of the tensile allowance taken into account in the calculation of the pension shall, by derogation from this section, be equal to the annual average of the tensile allowances subject to deduction for the pension made in the three most productive calendar years of the agent's career or the total duration of the after-services This average is revalued based on the rates in effect at the time of separation. In the case of part-time activity, the corresponding tensile premiums are restored proportionally on the basis of full time. However, the officer is entitled to take into account the average of the tensile premiums for retirement for the thirty-six months preceding the termination of the position, if this method of calculation is more favourable.
IV. ― By derogation from I of this article, the compensation elements retained for the calculation of pension for executives subject to the status of collective relations between the SNCF and its staff in its drafting on 1 July 2008 and not subject to qualifications F, G and H are:
1° Fixed treatment;
2° Management bonus;
3° The year-end bonus, including the increase resulting from the application of the agent's hierarchical coefficient,
4° The operating and holiday gratifications mentioned in I, according to the schedule it provides;
5° Compensation elements provided for in a, b, e and f of 5° of I in their application to executives under this paragraph.
V. ― Where the winding-up of the pension is not concurrent with the final termination of the activity, the remuneration, as defined in I to IV above, is revalued, during the period between the date of the termination and the effective date of the pension, in accordance with the provisions of section 30.
I. ― When the disposition of the seniority pension is completed, the amount of the seniority pension cannot be less than a minimum amount defined in IV below. However, when the pension is calculated on a discontinuous service grade, the minimum of the seniority pension is 90% of the fixed salary, the end-of-year premium, and the deduction of the work allowance for the retirement of an employee at the beginning of a career in the grade referred to in the calculation of the pension.
II. ― When the liquidation of the reform pension referred to in Article 2, the amount of the reform pension cannot be less than the minimum set out in IV below, reduced in the report to twenty-five years of the duration of the services valid for the retirement and the benefits of the campaign, this report cannot be greater than the unit, nor descend below 1/5.
In addition, where the officer, at the time of his reform, presents a disability that reduces his or her ability to work or gain by at least two thirds, within the meaning ofArticle R. 341-2 of the Social Security Codethe amount of the liquidated pension cannot be less than 50% of the basic remuneration referred to in section 14.
III. ― Agents for whom the right to normal retirement is open at the age of fifty years under the terms of section 1st and train sales officers shall, when they have at least fifty years of age and twenty years of pensionable service and shall, in the opinion of the incapacity, meet the conditions set out in section 2, of a reform pension that is liquidated on the basis of twenty-five years of pension. In this case, the minimum of this reform pension is the minimum age pension without reduction.
IV. ― The minimum pension amount is $3,367.02 per quarter effective July 1, 2008 and $3,379.38 per quarter effective December 1, 2008. These amounts are revised to reflect possible general salary increases occurring in the second half of 2008. Effective January 1, 2009, the minimum amount of pension is revalued under the conditions set out in section 30.
Pensioners who have raised three children for at least nine years, either before their sixteenth birthday, or before the age when they have ceased to be dependant in the sense ofArticle L. 512-3 of the Social Security Code, receive a 10% increase in their pension. If the number of children raised under these conditions is greater than three, an additional 5 per cent increase in pension is added for each child beyond the third.
Open the right to increase, provided that they have been in charge of the officer before the termination of the duties:
1° Children born or adopted by the pensioner;
2° Children born or adopted by the spouse;
3° Children who have been the subject of a judicial delegation of parental authority rights in favour of the pensioner or his or her spouse;
4° Children orphaned by father and mother, orphaned children recognized by one of their parents and the pupils of the Nation, placed under guardianship of the pensioner or his spouse, when guardianship is accompanied by the effective and permanent custody of the child;
5° Children collected at home by the pensioner or his or her spouse who justifies having assumed the effective and permanent burden by the production of any administrative document establishing that they were retained for the granting of family benefits or for the calculation of income tax.
The benefit of the increase is granted:
either at the time when the child reaches or reaches the age of sixteen;
either at a time when, after that age, it fulfils the condition mentioned in the first paragraph above.
The effect of the increase may be to exceed the pension maxima provided for in these Regulations, but it may not, in addition to the pension, increase the pension amount beyond the basic remuneration used to calculate the pension.
The pension may be disposed of at any time as long as the individual meets the conditions for the opening of the pension entitlement.
Unless it follows a reform, the liquidation of the pension is subject to an express request from the insured to the credit union.
The insured person shall indicate the date on which he wishes to enter the pension, which date may not be earlier than the filing of the application. If the insured does not indicate the date of entry to the pension, the insured will take effect on the first day of the month following receipt of the application.
Subject to the provisions of section 36, the liquidation of the pension shall be final. However, the pension may be revised on the initiative of the credit union or upon request of the individual:
- at any time in case of material error;
- within one year of notification of the initial liquidation of the pension, in the event of an error of law.
The pension is paid for half to the surviving spouse and, where applicable, to the divorced spouse, as well as to the orphans, provided that the eligible spouses do not receive a similar benefit from another leader, regardless of the plan for which the benefit is derived. However, an orphan of father and mother may accumulate the two reversion pensions obtained from the head of his father and mother.
When the employee's pension has been increased to the minimum pension amount provided for in section 15, the reversion pension is increased to 51.3% as at 1 July 2008, to 52.7% as at 1 July 2009 and to 54% as at 1 July 2010.
Where an employee's pension exceeds the amount of the minimum pension provided for in section 15, the reversion pension may not be less than the amount that would result from the application of the preceding paragraph.
In the event that an officer, meeting the conditions set out in sections 1, 2 and 3, has died prior to the liquidation of his pension, the persons referred to above have the same rights as if the officer had been retired on the day of his death.
Pensions of spouses or ex-spouses are, if any, increased under the conditions set out in section 16; the increase cannot, in addition to the pension, increase the amount of the pension beyond half of the basic remuneration for the calculation of the pension. Children entitled to such an increase, as well as the conditions under which such benefit is granted, are those provided by the provisions that were applicable to the officer on the basis of the date of the termination of the activity.
I. ― The right to a reversion pension is granted to the surviving spouse if the duration of his marriage with the agent was at least two years on the day of the termination of his or her duties or, where that condition is not fulfilled, if the duration of the marriage, whether prior to or after the termination of his or her duties, reached at least four years at the time of the death of the retiree, that period is reduced to two years if he or she were
The requirement of two years of marriage on the day of separation of duties is not required:
1° If, at the time of death, there is a child born or conceived of spouses before the date of separation of duties or a child who has been adopted in plenary before that date; the pension is then liquidated upon presentation, in the first case, of the birth certificate of the child, in the second, of the plenary adoption judgment;
2° If the termination of duty is the result of an accident on duty, provided the marriage is prior to the accident.
A surviving spouse living in a concubinage at the time of the death of the agent or retiree may not be eligible for his or her pension.
II. ∙ The divorced spouse is entitled to a reversion pension, provided that the divorced spouse meets the following two conditions:
1° Not having contracted a new marriage before the agent's death or not having a concubinage at the time of his death;
2° Justify two years of marriage with the agent during the period of payment of salary contributions, or, if this condition is not fulfilled, four years at the time of divorce; This period is reduced to two years if there is one or more children from the marriage.
The condition of two years of marriage during the payment period is also not required if there is, on the day of the agent's death, either a child born or conceived of his or her marriage at the time of divorce, or a child who has been the subject of a plenary adoption during the marriage with the agent.
III. ― Legitimate children from the marriage of the retired agent or agent are entitled, regardless of the date and duration of the marriage, to a reversion pension up to the age of twenty-one years.
Recognized natural children and adoptive children are considered to be legitimate children.
There is no requirement for an aeriority of birth in relation to the termination of the agent's functions, for legitimate or natural orphans whose filiation is legally established. No precondition for adoption in relation to the termination of the officer's duties is required for adoptive orphans.
Children with incurable disease or infirmity making them unfit for paid work are assimilated to children under the age of twenty-one years, provided that the child's disability existed before the child's twenty-first birthday. This condition of disability is determined by the caisse, after the advice of the doctor.
Regardless of the number of persons called to benefit from the reversion of the pension of a retired officer or the pension to which a deceased employee in service activity would have been entitled due to his or her age and the duration of his or her pensionable services, the total pension to be served is, as long as there is an eligible person equal to half of that pension.
If there is only one eligible person, the pension is served as a whole either, in the case of an orphan, until the age of twenty-one years or until his death.
If there are several eligible beneficiaries, the pension is shared between them as follows:
1° Where there is no orphan, the pension is shared between the surviving spouse and the divorced spouse or spouses divorced on the prorated basis of the respective duration of each marriage.
Upon the death of one of the beneficiaries, his share increases the share of the other or other beneficiaries.
2° If there are orphans, a first share is made as follows:
two parts to the surviving spouse;
- two parts to all divorced spouses;
- a share of each orphan entitled to a pension.
After attribution of the shares returning to the orphans, the rest of the pension is subject, if any, to a new distribution between the other persons entitled to pro-rata of the respective duration of each marriage.
The surviving spouse receives the amount of the shares assigned to his or her own children provided that he or she actually has the burden.
When pension shares expire, a new division of the reversion pension shall be made between the persons entitled to the pension in accordance with the rules defined above.
Notwithstanding the provisions of Article 20, each orphan, within the meaning of Article 19 III, is entitled to a pension equal to 10% of the pension obtained by the agent or to obtain on the day of his or her death, without the total pension awarded to the surviving spouse, divorced spouses and orphans to exceed the amount of the pension allocated to the employee or the amount of the pension allocated to the employee. If there is a surplus, the temporary reduction of orphans' pensions is made.
In the event that a pensioner has previously reached the pension, the starting point of the reversion pension and the orphan pension is fixed at the end of the period already paid by the pensioner.
In the other cases, the reversion pension and the orphan pension begin to run the day after the death that gives it its opening.
However:
1° The pension allocated to the widow under the 1st of Article 19 in the event of a posthumous child's occurrence is limited to the date of the day of delivery;
2° If there is a surviving spouse and one or more divorced spouses, the sharing of the reversion pension is effected upon the liquidation of the rights of the first of them upon request.
If, at that date, one of the eligible beneficiaries cannot benefit from the portion of the reversion pension or, if not, does not apply, the reversion pension is served to the other or other eligible persons, in the proportions defined in section 20, until the day on which the person concerned will benefit from the reversion pension portion, which will take effect on the first day of the following quarter.
Reversion pensions for single persons aged at least 55 years and under 65 years may not be less than the amount of solidarity allowance for older persons referred to inArticle L. 815-9 of the Social Security Code.
However, this rule is not applicable to pensions served under inter-regime coordination rules and the benefits of supplementary pensions referred to in section 33.
Pensions liquidated pursuant to these Regulations as well as pension increases for children issued under the conditions set out in section 16, I, shall be payable in advance by quarters on the first working day of each calendar quarter without giving rise to a payment on death.
However, the due date is extended to the last business day of the previous quarter for the 1 January due date and each time the first two days of the due date are on holiday.
If the death of the retiree occurs prior to the normal date of the maturity when the pension has already been paid, the payouts collected must be returned to the credit union.
When the pension is liquidated during the quarter, it is paid at the time of departure a quarter of the annual amount of the liquidated pension, the arrears payable on the first day of the next calendar quarter being reduced accordingly.
During the checks carried out by the caisse, the pensioner must justify his/her existence by returning the certificate that was sent to him. If the pensioner resides abroad, the certificate must also be certified by the competent local authorities.
The lack of justification results in the suspension of the pension payment.
When a pensioner has disappeared from his home and more than one year has elapsed without seeking the termination of his or her pension, his or her spouse and children under twenty-one years of age may obtain on an interim basis the liquidation of pension rights that would be open to them in the event of death.
Pensions awarded pursuant to these Regulations shall be closed and seizable under the same conditions and limits as wages.
Annuities allocated in accordance with the Industrial Accidents and Occupational Diseases Act may be combined with pensions awarded to ex-agents of the SNCF or their beneficiaries.
However, when it comes to occupational accidents or occupational diseases that occurred after 1 January 1947 and when the reform is a result of the accident or occupational illness that resulted in the attribution of the annuity, the cumulative amount is limited to 80% of the compensation that would be taken into account in the calculation of the annuity allocated to an officer of the same position, step and class of work allowance as that to which the worker belonged
When the limit is reached, the reduction is made on the pension. In no case can the annuity be reduced.
However, no reductions are made on the amount of the pension from the date on which the agent would see his disability pension transformed into an old-age pension if it were under the general social security system.
As of January 1, 2009, pensions are revalued from the planned rate for state officials under theArticle L. 16 of the Civil and Military Pension Code, subject to the transitional provisions specified in Article 35.
This revalorization occurs on January 1 of each year and applies to pensions whose effective date is no later than January 1.
I. ― The remarried surviving spouse receives, without further revalorization, the pension that he previously received from his new state.
Surviving spouses who are remarried are widowed or widowed, divorced or separated from their bodies, shall be entitled to their full pension rights if they are at least sixty years of age or fifty-five years of age in the event of incapacity for work equal to or greater than 80%.
II. ― The provisions of this section I shall apply to a divorced spouse when he remarries after the liquidation of a reversion pension to his or her benefit.
III. - For the purposes of the provisions of this article, the civil covenant of solidarity or cohabitation shall have the same consequences as a remarriage. Their rupture or death of the partner or concubine have the same consequences as divorce or widowhood.
When, in the initial liquidation of the benefit of direct or reversal, the holder, a national of the countries or territories that belonged to the French Union or to the Community or were placed under protection or guardianship of France, does not have his residence in France, the remuneration used as a basis for calculating the pension shall be assigned a coefficient proportional to the ratio of purchasing power parities in the country of residence and This coefficient cannot be greater than 1.
The coefficient of the basic remuneration is determined according to the scale set out in the appendix to the order made annually by the Minister for Defence, the Minister for Budget, the Minister for Public Service and the Minister for Veterans Affairs, for the purposes of section 68 of the Rectificative Finance Act for 2002 referred to above.
The result obtained remains constant until December 31 of the year following that during which the liquidation of rights took place. Coeficient is then revised annually by applying the scale referred to in the preceding paragraph. If the result is higher than that obtained for the previous year, it is retained for the year. Otherwise, the previous value is maintained in force.
This device applies effective January 1, 1999. At that date, the amount of the pension that would result from the application of the coefficients is compared to the amount that was served as at 31 December 1998, plus 20%. The highest amount is retained.
The benefits provided to nationals of the countries or territories that belonged to the French Union or to the Community or were placed under protection or guardianship of France may be subject, as of 1 January 2002 and upon request, to a reversal. The applicable regulations and the family situation are appreciated on the date of independence of the States concerned.
This article shall apply subject to the rulings of justice that have been forcibly tried and to disputes over the discriminatory nature of the formerly applicable provisions before the courts before the date of publication of this Order.
The beneficiaries of these Regulations are entitled, in respect of old age insurance, under the conditions defined in Chapter 3 of Title VII of Book I of the Social Security Code, to the guarantee of the benefits they would have benefited if they had been beneficiaries of the general social security system.
By derogation from the provisions of theArticle D. 173-2 of the Social Security Codethe periods in which a former officer has received a disability pension under the conditions specified in section 34 are taken into account as periods equal to the calculation of the old age pension.
In addition to the benefits provided in the first paragraph, a supplementary pension benefit determined, depending on the level occupied by the persons concerned, shall be added to the benefits provided for by the officers leaving the SNCF without having acquired a pension entitlement, in accordance with the allocation and calculation rules in force, respectively, in the plan defined by the Inter-Professional National Pension Agreement of 8 December 1961 (ARRCO) and in the scheme defined by the National Pension and Pre-Trial Agreement of 14 March 1947
In addition, any officer who leaves the NWS without a pension entitlement under the special plan shall be entitled to reimbursement of his or her previous contributions under deduction, on the one hand, of the contributions that would have been due to the general social security plan if, on the other hand, he or she had noted any contributions that would have been intended to guarantee the employee the additional pension benefit defined in the third paragraph of this section. Where the amount of the contributions so determined exceeds the amount of the contributions it has actually paid to the special plan, the individual is required to pay the excess of the assessment that would have been payable.
The SNCF receives from the credit union the reimbursement of its employer contributions, deducting from the employer's old-age insurance premiums of the general social security plan and the supplementary pension plans that would have been due to the credit union to guarantee to the agent the benefit of the rules of coordination with the general social security scheme and the supplementary pension benefit defined in the third paragraph of this section. If deductible contributions exceed the amount of refundable employer contributions, the SNCF pays the differential to the credit union.
The amount of contributions to be taken into account under the preceding two subparagraphs is revalued on the basis of the rules applicable in the plan.
An officer who ceases to serve with a disability rate equal to or greater than two thirds, within the meaning of the general social security regime, shall be entitled to the guarantee of a disability pension calculated and served under the conditions prescribed by that plan.
I. - The duration of the services and bonuses required to obtain the maximum percentage of the pension referred to in section 12 is set at 151 quarters for persons meeting the conditions set out in sections 1 to 5 between July 1 and December 31, 2008 inclusive. For those who meet the conditions set out in sections 46 to 50 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 reform of pensions. As of 2013, the schedule of this increase is adjusted, if any, within the same time frame as provided for in the decree referred to in article III.
II. - The lowering coefficient provided for in Article 13 I shall apply only to persons who meet the conditions set out in Articles 1 and 3 effective July 1, 2010. For persons who meet the conditions set out in sections 1 and 3 between July 1, 2010 and June 30, 2011 inclusive, its rate is fixed by missing quarter at one tenth of the rate set out in the first paragraph of Article 13. For persons meeting the conditions set out in Articles 1 and 3 after 30 June 2011, it increases from the same amount as 1 July of each year until the rate set out in the first paragraph of Article 13.
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 13 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 valuation coefficient applicable to 1 January 2009 shall be determined by order of the Minister for Social Security in accordance with the provisions of the first paragraph of section L. 16 of the Civil and Military Pension Code.
IV. - By derogation from d of Article 2 of the decree of 7 May 2007 referred to above, persons whose apprenticeship contract or professionalization contract entered into with the SNCF is in progress on July 1, 2008 are affiliated, only for the old-age risk, to the pension and pension fund of the staff of the SNCF from that date and benefit from free validation, for the determination of the law and the calculation of the pension, their apprenticeship or professionalization period prior to that date.
V. - Staff members who are part of the permanent framework of the SNCF prior to July 1, 2008 and who have previously completed their membership in the special plan for the services of auxiliary or contractual services to the SNCF may obtain, on their application, consideration for the retirement of the said services subject to the payment of the salary contribution provided for in theArticle 1 of the Decree of 28 June 2007. The validation must be requested prior to the termination of the functions at the SNCF and no later than 30 June 2013.
For the above-mentioned periods, the SNCF is liable for the employer contribution defined in theArticle 1 of the Decree of 28 June 2007.
The definition of services that may be taken into account and the modalities for calculating employee and SNCF contributions are identical to those established by the provisions in force prior to July 1, 2008.
Salary and old-age insurance premiums paid during these periods to the general social security plan cancelled under the said plan under theArticle D. 173-13 of the Social Security Code and transferred to the NWS staff pension and pension fund deducted from those due under the preceding paragraphs.
Up to December 31, 2008, pension revalorization is effected taking into account the increase in pensionable remuneration for active employees.
However, the following developments are taken into account:
(a) The integration of the 1/2 residential allowance point integrated into the co-disposable and liquidable plate on 1 December 2008;
(b) The first step in the expansion of the year-end premium of the work allowance calculated for employees in the administrative sector and the management premium for the executives referred to in Article 14 IV;
(c) General salary increases, if applicable, during the second half of 2008.
For agents admitted to the permanent framework before July 1, 2008, the starting point of the affiliation cannot be prior to their eighteenth birthday. »
I. - The provisions of this Decree come into force on 1 July 2008. Are repealed on the same date:
1° The Decree No. 2008-47 of 15 January 2008 relating to the special pension plan for staff of the Société National des chemins de fer français;
2° The status of retirees of the Société nationale des chemins de fer français and the regulation of staff retreats of the Société nationale des chemins de fer français in its drafting prior to the provisions of title I of this decree.
II. - Are or remain repealed:
1° La Act of 21 July 1909 relating to the conditions for the retirement of staff of major railway networks of general interest;
2° The Act of 28 December 1911 supplementing the provisions of the Act of 21 July 1909 referred to above;
3° The Decree-Law of April 19, 1934 amending the railway pension plan.
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 immediately and will enter into force.
A N N E X E 1
ADMISSION TO THE PERMANENT FRAMEWORK
Standing framework staff classification
1.1. Standing personnel include probation officers and commissioned officers.
1.2. Testing officers are those who, from their admission to the permanent framework, perform an internship in which the quality of their services and their ability to exercise one of the railroad trades are examined.
1.3. Agents who have completed the duration of their test placement and whose services have been deemed satisfactory are commissioned.
A N N E X E 2
BACKGROUND
ARTICLE 10 OF THE PRESENT DECRET
Leave under section 5 of Chapter 1 of the statute of collective relations between the SNCF and its staff:
- Availability leave for the exercise of trade union functions in trade union organizations composed of railway workers recognized as the most representative.
Leaves provided for in section 12 of Chapter 10 of the statute of collective relations between the SNCF and its staff:
● Availability leave for an elective term;
- leave of availability granted to long-term sick agents, hospitalized or in need of a cure;
- leave of availability granted to rear guards whose employment is abolished and who could not be provided with a new job;
- leave of availability granted to agents whose spouse or person related to the agent by a civil solidarity pact, a dependant or a child is ill;
- parental education leave granted on the expiration of maternity leave until the third anniversary of the child;
- parental attendance leave granted to an officer whose dependent child is a victim of a serious illness, accident or disability requiring the presence of a person next to him;
― Availability leave for child education granted to the agent to devote himself to the education of his children.
A N N E X E 3
The employment of a driving officer for the opening of the right to retirement at fifty years, referred to in article 1 of this decree, and to the tensile bonuses referred to in the 1st of Article 9 of this decree fall under the "Transport-Traction" sector and the "tension" specialty.
The officers placed on the TA and TB qualifications and occupying one of the following grades are concerned:
1. TA rating:
– tram-train driver (CRTT)
– main tram-train driver (CRTTP);
- conductor of manoeuvring and local lines (CRML);
– Manoeuvre and Main Local Line Driver (CRMLP).
2. TB Qualification:
• student line conductor (CRLEL);
– line conductor (CRL);
- main line driver (CRLP).
A N N E X E 4
EMPLOYMENT
213 ― LOCOTRACTEUR(TRICE)
215 ― CHEF TRIAGE (DOT) (H/F).
218 ― MANUAGEMENT (H/F).
219 ― MANUTION AGENT (H/F).
220 ― AGENT DE RECONNAISSANCE FRET (H/F).
226 ― AGENT FORMATION DES TRAINS FRET (H/F).
227 ― AGENT DE DESSERTE FRET (H/F).
229 ― DEBRANCHING COORDINTOR(TRICE)
230 ― TRAINS FRET (H/F) FORMING SERVICE CHEF.
234 ― FEATURE MANAGEMENT (H/F).
278 ― OPERATEUR(TRICE) TRIAGE.
398 ― GESTIONNAIRE DE CONVOI FRET (H/F).
623 – ESCALE FRET CHEF (H/F).
685 ― SUPERVISION OPERATEUR OF THE CNO FRET.
214 ― CHEF DE LA CIRCULATION (H/F).
216 ― COORDONNATEUR(TRICE) REGIONAL CIRCULATION.
224 ― AGENT CIRCULATION (H/F).
225 ― AIGUILLEUR/AIGUILLEUSE.
232 ― REGULATEUR/REGULATRICE.
235 ― TECHNICIEN/TECHNICIENNE CIRCULATION.
279 ― FREINEUR/OPERATRICE DEBRANCHEMENT (FREINEUR).
119 ― PROD OPERATEUR(TRICE) MECANICAL SIGNSATION.
120 ― PROD OPERATEUR(TRICE) SIGNALISATION/ENERGY.
123 ― CATEGORY PRODUCTION OPERATRICE.
125 ― OPERATEUR/OPERATRICE OF PRODUCTION VOIE.
126 ∙ EQUIPMENT CONDUCTOR/CONDUCTOR.
128 ― OPERATOR/OPERATRICE SOUDURE VOIE.
130 ― PRODUCTION PRODUCTION PRODUCTION OPERATEUR.
144 ― TECHNICIEN/TECHNICIENNE DE PRODUCTION CATENAIRE.
146 ― TECHNICIEN/TECHNICIENNE SOUDURE VOIE.
148 ― TECHNICIEN/TECHNICIENNE DE PRODUCTION VOIE.
155 ― TECHNICIEN(NE) PRODUCTION MECANICAL SIGNALISATION.
286 ― REGULATEUR/REGULATRICE SOUS-STATIONS.
443 ― TECHNICIEN(NE) DE PRODUCTION SIGNALISATION/ENERGY.
691 – MECANICAL MAINTENANCE OPERATOR (H/F).
693 ― INTERIOR AMENATOR (H/F).
695 ― THERMAL MAINTENANCE OPERATOR (H/F).
697 ― CHAUDRONNERIE OPERATOR (H/F).
698 ― SUDAGE OPERATOR (H/F).
716 ― PEINTURE OPERATEUR (H/F).
718 ― BOIS OPERATOR AND OTHER MATERIALS (H/F).
719 ― VISIT FRET OPERATOR (H/F).
745 ― MANUTION OPERATOR (H/F).
789 – MATERIAL MOUVEMENT OPERATOR (H/F).
799 ― FREIN MAINTENANCE OPERATOR (H/F).
584 ― OPERATIONNEL TELESURVEILLANCE (H/F).
585 – PERMANENT PC SURETE (H/F).
600 ― AGENT OPERATIONNEL SURVEILLANCE GENERAL (H/F).
605 – CHIANS CONDUCTOR/CONDUCTOR.
625 ― ASSISTANT(E) SUGE.
300 ― CONDUCTOR(TRICE) OF MANAGEMENT AND PARKOURS.
301 – LINE CONDUCT.
309 ― ASSISTANT(E) TO THE CONDUCT.
470 ― TRAM-TRAIN CONDUCT.
599 ― CONDUCT OF MANUAGE AND LOCAL LINE.
001 ― AGENT DU SERVICE COMMERCIAL DES TRAINS(ASCT) (H/F).
002 ― GLOBAL BORD CHEF (H/F).
277 ― AGENT ESCALE PRODUIT TRAIN (MANŒUVRE-DEPART) (H/F).
Note. ― Beyond the 58 jobs with proven perenniality, a job that does not fall within this list may, however, allow an agent to benefit from the measures related to perenibility if such a trade is carried out at night (more than 65 nights per year) or in 3 x 8. To be validated as part of the benefit of the sustainability measures, these exercise conditions must be observed for one year on a continuous basis.
A N N E X E 5
ARTICLES 30 AND 31 OF THE REGULATION
DU PERSONNEL DE LA SNCF (RH0131)
Rule 30
Mutation with or without advancement for service needs. Mutation as a result of an occupational injury or illness
30.1. Any Continuous Service Officer who is subject to a grade change (1) for one of the following reasons:
- progress;
― exemplary lateral transfer for service needs;
― lateral mutation or other grade for physical incapacity as a result of an occupational accident or illness,
receives additional compensation if its new remuneration is less than that that it would receive if it had retained its former rank in its new assignment unit, if there is a change of assignment unit (2) (3).
This article is also applicable to qualifying officers B, C and D of the passenger specialty "train service" who, after at least fifteen years of belonging to this specialty, have been transferred laterally or on another grade as a result of unrecognized fitness after a medical visit, except in the case where the incapacity results from an off-service injury.
It is specified that this supplement is not awarded in the following cases:
― lateral mutation motivated by the insufficiency of the services of the interested party, even if this grade change did not have the character of a disciplinary measure;
- change of grade pronounced upon request of the agent;
― a change in grade as a result of the successful completion of a examination or competition for access to a grade of beginning (unless this change allows the reclassification of the agent as a result of a work accident, occupational illness or incapacity under section 31).
30.2. This supplement includes a monthly compensation allowance and an end-of-year premium supplement. The monthly compensatory allowance is equal to the difference between the total of the monthly remuneration corresponding to the former grade of the individual and the new grade.
The remuneration includes:
treatment;
– residential allowance (if there has been a change in the allocation unit, the rate of the residential increase to be considered is that of the new assignment unit);
• Monthly theoretical average value of the work premium;
- compensation supplement.
In the event that the officer was in the former grade of a compensatory allowance under this section, the agent must be taken into account in the same manner as the items listed.
If the former rank of the officer was classified on one of the TA or TB qualifications, the value of the work allowance to be taken into account (1) for the calculation of the remuneration for the former grade is either the monthly average of the tensile premiums realized by the employee during the twelve calendar months preceding his or her grade change or injury (2), or the monthly average value corresponding to his grade, if that is more advantageous.
The year-end premium supplement equals the difference (if positive) between:
―on the one hand, the amount of the end-of-year premium corresponding to the former grade of the employee (if there has been a change of assignment unit, the rate of the residential increase to be considered is that of the new assignment unit);
―on the other hand, the amount of the year-end premium corresponding to the new grade of the interested party.
Where applicable, is also included in the calculation of this end-of-year premium supplement the pay supplement (compared to the end-of-year premium) for each of the grades concerned.
(1) Or a change in assignment unit, without a change in grade, resulting in a change in the premium code, when this change is made for the needs of the service or for physical incapacity as a result of an occupational accident or illness. (2) These provisions are also applicable to employees or young professionals who are subject to, on the same grounds, a change of employment after their first assignment in a job of the organization framework, except where the striker or the young frame was placed on a qualification higher than the qualification corresponding to the job he held. (3) For agents who benefit from additional compensation under section 30.1, travel allowances and for lack of accommodation, allowance and allowance for change of residence are paid by referring to their former situation if the persons concerned benefit from it.
Rule 31
Mutation of locomotive engineers to another grade following a recognized inability after a medical visit
Any TA and TB Qualification Officer who, after at least three years of driving services (3), has been transferred to another grade following a recognized incapacity after a medical visit, receives ― unless the incapacity results from a non-service injury ― an additional compensation under the conditions indicated below:
The officer has at least 10 years of driving services:
He receives:
(a) A monthly compensation allowance equal to the difference between:
―on the one hand, the total of the treatment and residence allowance (if there has been a change of assignment unit, the rate of the residential increase to be considered is that of the new assignment unit) corresponding to its former grade, increased by the 5/6 of the monthly average of the tensile premiums realized by the employee during the twelve calendar months that actually used the day from which it was no longer used
―on the other hand, the total of the salary, the residence allowance, the monthly average value of the work allowance and, where applicable, the pay supplement corresponding to its new grade.
(b) A year-end premium supplement calculated under the conditions set out in the last paragraph of section 30.2.
The officer has less than ten years of driving services:
The monthly compensatory allowance and, where applicable, the end-of-year premium supplement shall be calculated at n/10 of the amounts determined as indicated above, "n" being the number of years spent in the driving service, rounded to the nearest whole number, or higher in case of equidistance.
(1) The value of work allowances (before and after grade change) does not fall into account in calculating the pay complement when a locomotive driving officer changed grade for service needs continues to be responsible for the conduct of an engine equipment. (2) If the base rates of the premiums have been changed since the beginning of the annual reference period, this average value is calculated taking into account the successive increases applied at these base rates. (3) The duration of the driving services to be considered must include, in addition to the duration of the services in a driving grade: 1° Periods of use on locomotives that immediately preceded titularization in a driving grade and were interrupted only by sedentary remissions of a duration that, for each of them, did not exceed sixty days; 2° Periods of use on locomotives prior to periods taken into account by the application of the 1° above, but provided that each locomotive has a duration of at least sixty days. For the application of the 1° and 2° above, rest and leave associated with the locomotives shall be assimilated to the periods of use on the locomotives: periodic, supplementary or compensatory rest, annual leave if preceded or followed by a period of use on the locomotives and additional leave with balance fulfilling the same condition. (1 bis) If the base rates of the premiums have been changed since the beginning of the annual reference period, this average value is calculated taking into account the successive increases applied at these base rates.
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 the enrichment of the territory,
Jean-Louis Borloo
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Transport Officer
Dominic Bussereau
