Key Benefits:
The Prime Minister,
On the report of the Minister of Food, Agriculture and Fisheries and the Minister of Health and Sports,
Considering the rural code, including its article L. 732-8;
Vu le Social Security Code ;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Community dated 11 February 2010;
The State Council (Social Section) heard,
Decrete:
The last paragraph of section R. 732-3 of the Rural Code is replaced by the following provisions:
"The disability pension is served until the end of the month in which the person concerned reaches the age prescribed in the first paragraph of section R. 732-39. It is replaced, from that age, by the old age pension allocated in the event of incapacity to work. »
It is inserted after the article R. 732-3 of the same code, two articles R. 732-3-1 and R. 732-3-2 as follows:
"Art.R. 732-3-1.-When the insured person performs a professional activity, by derogation from the provisions of the penultimate paragraph of section R. 732-1, the old age pension allocated for incapacity to work shall be granted only if the person concerned expressly so requests.
"When the insured person engages in a work activity and does not, at the age provided for in the first paragraph of section R. 732-39, apply for the assignment of an old-age pension substituted for his disability pension, he continues to receive his disability pension until the date on which he seeks the benefit of his old-age pension allocated for disability, and no later than the age mentioned in the second paragraph In this case, its old-age insurance rights are subsequently liquidated under the conditions set out in sections L. 732-18 to L. 732-40 and L. 732-54-1 to L. 732-55. The old-age disability pension, which is then served, cannot be less than that of which it would have been beneficial if the liquidation of its rights had been effected at the age and under the conditions set out in section R. 732-3.
"Art.R. 732-3-2.-The disability pension service is suspended when the insured person benefits from the provisions of section L. 732-18-1 or L. 732-18-2 of this Code or Articles L. 351-1-1, L. 351-1-3, L. 634-3-2 or L. 634-3 of the Social Security Code. In the event of suspension of the disability pension under these conditions, its incidental benefits are maintained, in particular those provided for in the second paragraph of section R. 732-4, and 13° of Article L. 322-3 of the Social Security Code and article L. 815-24 of the same code. »
The third paragraph of section R. 732-4 of the same code is replaced by the following:
"In the event of hospitalization of the insured, a third person's help increase is paid up to the last day of the calendar month following the one in which he was hospitalized. Beyond this period, his service is suspended. »
The Minister of Health and Sports and the Minister of Food, Agriculture and Fisheries are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, June 17, 2010.
François Fillon
By the Prime Minister:
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
Minister of Health and Sports,
Roselyne Bachelot-Narquin
