Key Benefits:
The Minister of Labour, Solidarity and the Public Service,
Vu le Social Security Codearticles L. 641-5 and D. 641-6;
Vu le Decree No. 49-579 of 22 April 1949 amended on the complementary old-age insurance plan for physicians;
Having regard to the order of 5 August 1966 approving the new statutes of the professional section of the doctors, together the decrees which approved the amendments to the statutes of that section;
Having regard to the amended decision of 27 February 1974 approving the statutes of the professional section of physicians relating to the supplementary old age insurance scheme;
In the light of the advice of the Board of Directors of the National Pension Insurance Fund for Professionals of 18 December 2008, 26 March, 25 June and 17 December 2009, and 24 June 2010,
Stop it!
Approved, as annexed to this Order, the statutes of the Basic Old Age Insurance Plan of the Professional Medical Section (sections 1 to 8).
Sections 1 to 24 of the Basic Old Age Insurance Regulations as annexed to the above-mentioned Order of August 5, 1966 are repealed.
Approved, as annexed to this Order, the amendments made to the statutes of the supplementary old age insurance scheme of the professional section of physicians (articles 3, 4, 6, 9 bis, 10, 16, 18, 19, 23, 26, 28, 34, 42 bis, 47, 48, 61 bis, 65, 66, 67, 68 and 69).
The Director of Social Security at the Ministry of Labour, Solidarity and the Public Service is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
AT THE ARREST OF 9 AUGUST 2010 PORTANT APPROVAL OF MODIFICATIONS FOR STATUS OF THE VIEW OF BASES AND STATUS OF THE COMPLETED VIEW OF ASSURANCE REGIMME
PART 1
STATUS OF THE
BASIC VIEW ASSURANCE
PART I
AFFILIATION AND COTISATION
I. - Affiliation. Radiation
Article 1
Article 1 is as follows:
"In accordance with theArticle R. 643-1 of the Social Security Code, any physician who begins or ceases to practise non-employed medicine is required to report it within one month for registration or delisting.
Registration takes effect from the first day of the calendar quarter following the start of the non-earmarked activity.
The delisting is effected on the first day of the calendar quarter following the termination of non-earmarked activity. »
II. - Requirement. ― Payment terms
Article 2
Article 2 is as follows:
"A physician who is non-salarie is required to contribute to the basic old-age insurance plan for the liberal professions provided for in theArticle L. 642-1 of the Social Security Code. »
Article 3
Article 3 is thus written:
"The contribution is due annually and in advance. The payment may, by a decision of the Board of Directors of the caisse, be split into two equal semi-annual terms, four quarterly terms or made at the discretion of the monthly sample contributor. »
Article 4
Article 4 is thus written:
"The contribution must be paid by the end of the calendar month following that of its appeal by the credit union. »
Article 5
Article 5 is thus written:
"Payments of contributions made by cheque or bank transfer, by inter-bank payment or by electronic payment do not result in the issuance of a receipt, the debit notice sent by the bank trustee indicating its payment. »
III. - Exemptions
Article 6
Article 6 reads as follows:
"A stoppage of work for a period of more than six months because of sickness duly observed in accordance with the procedure defined by the statutes of the National Insurance Fund for the Age of Professionals results in the exemption of the annual contribution called during the illness. »
PART II
ALLOCATION
Article 7
Article 7 is as follows:
"The first day of the calendar quarter, following the application by the individual, is the entry into the pension. »
Article 8
Article 8 is as follows:
"The allowances are payable, in the short term, on the same maturity as the allowances of the physicians' supplementary old-age insurance plan.
Payment fees are charged to the credit union. However, in accordance withArticle R. 623-11 of the Social Security Code, the additional costs caused by the payment of arrears outside the territory of Metropolitan France are charged to their amount. »
PART 2
STATUS OF THE
COMPLETED VIEWS OF ASSURANCE
PART I
AFFILIATION AND COTISATION
2. Cotisations. ― Required. ― Payment terms
Article 3
Section 3 is amended as follows:
(a) In the second paragraph, the words: "defined in theArticle L. 642-1 of the Social Security Code are replaced by the words: "from the last year defined to second, third and fourth paragraphs of Article L. 131-6 of the Social Security Code, ”
(b) In the seventh paragraph, the words "non-workers defined in theArticle L. 642-1 of the Social Security Code are replaced by the words: "from the last year defined to second, third and fourth paragraphs of Article L. 131-6 of the Social Security Code, ”
(c) In the ninth preambular paragraph, the words: "holding for the calculation of the contribution referred to in theArticle L. 642-1 of the Social Security Code are replaced by the words: "from the last year defined to second, third and fourth paragraphs of Article L. 131-6 of the Social Security Code » ;
(d) In the tenth paragraph, the words: "September 30" are replaced by the words: "December 31" and the words: "of the previous year defined in the second paragraph, in accordance with the procedure provided for in Article D. 642-3 of the Social Security Code" are replaced by the words: "of the last year defined in the second, third and fourth paragraphs of Article L. 131-6 of the Social Security Code "
Article 4
In article 4, after the word: "made" are added the words "to the choice of the contributor".
Article 6
Article 6 reads as follows:
"Payments of contributions made by cheque or bank transfer or bank transfer, by inter-bank payment or by electronic payment do not result in the issuance of a receipt, the debit notice sent by the bank trustee of the payment. »
Article 9 bis
In the first paragraph of Article 9 bis, the words "as well as, if any, those of the spouse shall be deleted."
4. Exemptions
Article 10
Article 10 is thus written:
"The payment of an annual fee shall be exempted from the payment of an annual fee for qualified physicians who are unable to practise any profession either for a continuous period of more than six months or for a total duration of six months in the same calendar year.
When the above-mentioned incapacity period spans two calendar years, the exempt contribution is that of the second year.
The payment of a semi-annual fee is exempt from the payment of physicians who are unable to practise any profession for a period of ninety consecutive days.
A semi-annual exemption is granted to any woman affiliated physician who is required to interrupt her activity for a period of more than or equal to ninety consecutive days for maternity leave. This exemption is not granted if the person concerned has already benefited from an exemption from assessment for the period under review as a result of recognition of a pathological condition resulting from pregnancy.
When the above-mentioned incapacity period spans two semesters, the exempt contribution is that of the second semester.
A 40-year-old or more-year-old physician, who seeks to benefit from these provisions for a period of two years following his or her affiliation, must justify that the illness or accident, as a result of his or her inability to practise any profession, occurred after his or her application for registration.
The application must be sent (slightly forfeited) no later than the first quarter of the year following the one for which the exemption is requested. The interested person must provide all medical justifications to the CARMF's consulting physician under cached. However, if he has already sent the medical certificates allowing him to obtain the benefit of the "daily allowances", he will not be required to provide new justifications.
The physician may, within the same period, pay the portion of the exempt semi-annual or annual assessment that exceeds the amount of the exemption granted to the 2 or 4 free points granted under the third or fourth paragraphs of section 19 of these Regulations. »
PART II
MEDECIN ALLOCATION
1. Conditions for opening doctor's rights
A. - General conditions
Article 16
Article 16 reads as follows:
"Requests for recognition of incapacity are reviewed in accordance with the procedure provided for in the Disability and Deaths Regulations. »
Article 18
In article 18, it is added a paragraph as follows:
“4. A quarter per three-year period of effective care for children who have been awarded the disability education allowance, within three quarters per child. »
Article 19
In article 19, it is added a paragraph as follows:
"The provisions of the preceding paragraphs do not apply to physicians who are beneficiaries of the supplementary pension in a liberal medical activity, who are unable to obtain any new pension entitlement for contributions paid. »
Article 23
Section 23 is amended as follows:
(a) In the second paragraph, after the words: "Article 18", the words "or quarters that gave rise to exemption under the conditions of Article 8" are added;
(b) The fourth preambular paragraph is replaced by the following provisions: "In the event of a redemption of a fiscal quarter as non-salarie, prior to July 1, 1949 or assimilated under the conditions provided for in section 18, it shall be granted, in addition, 0.33 free point per quarter. »
2. Amount of allowance
Rule 26
Article 26 reads as follows:
"The Board of Directors determines, each year, the value of the pension point. »
Rule 28
Article 28 is deleted.
Rule 34
In the third paragraph of section 34, the number "10" is replaced by the number "15".
PART III
ALLOCATIONS OF THE CONJOINT SURVIVANT
2. Amount of allowance
Article 42 bis
In article 42 bis, two paragraphs are added:
"However, the increase provided for in paragraph 2 of this section is not due if the personal resources of the surviving spouse or household, as defined in paragraph 2 of this section,Article L. 353-1 of the Social Security Code exceed the ceilings provided for in the same article by more than 25 per cent. If the benefit of the increase leads to an overrun of the above-mentioned ceilings, the amount of the increase is reduced to a maximum of the overrun.
A surviving spouse who, at the age of 60, was unable to benefit from a majoration or benefited from a partial increase retains the opportunity to apply the rules set out in this section when asserting his or her pension rights. »
Rule 47
Article 47 reads as follows:
"At the death of the surviving spouse, or divorced, the child of the doctor, orphan of father and mother, recognized before his or her twenty-first anniversary of permanent infirmity, may claim, if he or she is 21 years of age or older than the last parent's death, to the reversion pension he or she received, or would have been entitled to exclude,
However, the situation of a child whose infirmity has been declared beyond the twenty-first anniversary may be examined by the board of directors, which, as a last resort, will have sole jurisdiction, after notice of the commission provided for in article 4, fifth paragraph, of the statutes of the supplementary disability-related insurance scheme, to determine the merits of the application.
If, at the death of the last parent, there are several children who meet the conditions set out in the preceding paragraphs, the reversion pension is shared equally. »
PART IV
VOLUNTARY ADHESIONS AND COTISATIONS
1. Affiliations
Rule 48
Section 48 is reinstated and is thus written:
"A doctor who is in the order, residing in the French territory and has never been a compulsory member, may voluntarily join this regime. »
PART V
PROVISIONS FOR ALLOCATIONS
MEDIUM AND SURVIVANT CONJOINT
Article 61 bis
Article 61 bis is supplemented by four paragraphs as follows:
"The rights of the infirm child as defined in Article 47 shall take effect:
―on the first day of the month following the death of the last parent when the latter had the pension, disability pension or reversion pension;
―on the day after the death of the attending physician when the last parent died,
subject to the conditions set out in the preceding paragraphs. »
PART VI
RELATIVE PROVISIONS
CONJOINT COLLABORATEUR
Rule 65
Article 65 reads as follows:
"The collaborating spouse, referred to inArticle L. 121-4 of the Commercial Code, a liberal doctor under this regime is a compulsory member of this regime. »
Rule 66
Article 66 reads as follows:
"The contribution of the collaborating spouse is equal to a quarter or half of that of the liberal professional.
The chosen choice for the calculation of the contribution shall be made by the collaborating spouse in writing no later than sixty days after the notice of the affiliation is sent and before any contribution is paid.
If no choice is made, the contribution is equal to a quarter of that of the liberal professional.
The chosen election for the calculation of the contribution applies for contributions due for the year of the start of activity and the following two calendar years. Unless otherwise requested by the collaborating spouse made in writing no later than 1 December of the last of these years, he shall be renewed for a period of three years renewable under the same conditions. »
Rule 67
Article 67 reads as follows:
"The payment of the annual contribution equal to the quarter or half of the physician's annual contribution corresponding to the income limit set out in the first paragraph of Article 2 of Decree No. 49-579 of 22 April 1949 amended gives the right to 2,50 or 5 pension points respectively.
The number of points is calculated on a prorata, rounded to the nearest one hundredth point, when the contribution is lower. »
Rule 68
Article 68 reads as follows:
"The points that can be redeemed are, according to the choice of contribution of the collaborating spouse, the following:
0.25 point or 0.50 point per quarter for planned periods:
(a) In the first and second paragraphs of Article 18;
(b) In the third paragraph of Article 18 for each child born during the period of collaboration of women's co-workers with the liberal activity of the doctor.
The purchase price of 0.25 or 0.50 point is equal to the quarter or half of the amount, for the year of redemption, of the cost of redemption of a point of the physician set out in a of section 23.
It is granted, in addition, 0.08 points or 0.16 free points per quarter.
These faculties are open upon request of the up-to-date collaborating spouse of his/her contributions to the mandatory plans and at the latest when the pension is terminated. »
Rule 69
Article 69 reads as follows:
"The provisions of Articles 1 to 64 are applicable to the collaborating spouse with the exception of Articles 3, 8 to 11, 18, 19 to 21 bis, 23, 28, 42 bis, 46 bis and 49 to 58. »
Done in Paris, 9 August 2010.
For the Minister and by delegation:
The Director of Social Security,
D. Libault
