Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Employment and Health and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Vu le Social Security Code ;
In view of the Civil and Military Pension Code, including articles L. 12 and L. 24;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service and Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions, including articles 44 and 52;
Vu le Decree No. 2003-1306 of 26 December 2003 amended on the pension plan for staff members affiliated to the National Pension Fund for Local Government Officers;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments;
The State Council (Social Section) heard,
Decrete:
Section R. 37 of the Civil and Military Pension Code is amended as follows:
1° In the first paragraph of the I, the last sentence is replaced by the words: "The reduction of activity provided for in the same article shall have a continuous duration at least equal to that mentioned in the II bis of this article. » ;
2° In the second paragraph of I, after the words: "This interruption", the words "or reduction" are inserted;
3° In the same paragraph, the words "of the sixteenth week" are replaced by the words "of the thirty-sixth month";
4° In the third paragraph of I, after the words: "interruption", are added the words: "or reduction";
5° After II, it is inserted a II bis as follows:
« II bis. ― The reduction in activity referred to in I shall consist of a part-time service period of at least four months for a quotity of working time of 50% of the duration of the service that full-time officers performing the same duties shall perform, at least five months for a quotity of 60% and at least seven months for a quotity of 70%.
“The periods for a part-time service taken under the first paragraph shall be taken into account for the calculation of the duration referred to in the first paragraph provisions of the first paragraph of Article 37 bis of Law No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, first paragraph of Article 60 bis of Law No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial public service, first paragraph of Article 46-1 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital and civil service First paragraph of Article 1 bis of Decree No. 84-105 of 13 February 1984 relating to the part-time working regime of State workers paid on a monthly basis. »
The provisions of article R. 37 of the Civil and Military Retirement Pension Code shall apply, for each child, to the civil servants and military personnel mentioned in III of Article 44 of the above-mentioned Act of 9 November 2010.
In the event of simultaneous births or adoptions, the duration of interruption or reduction of activity taken into account in respect of all children in question is that required for a child under the provisions of Article R. 37 above.
After Article 65 of the Decree of 26 August 2003, an article 65-2 is inserted as follows:
"Art. 65-2.-I. ― Employees who have completed fifteen years of actual civilian and military service before 1 January 2012 and parents on that date of three children living or died in war-related circumstances continue to be able to liquidate their pension in advance provided that they have, for each child, interrupted or reduced their activity under the conditions set out in article R. 37 of the Code of Civil and Military Pensions. In the event of simultaneous births or adoptions, the duration of interruption or reduction of activity taken into account in respect of all children in question is that required for a child under the provisions of Article R. 37 above.
"The children mentioned in the first paragraph are assimilated to the children listed in Article 24 II of this Decree.
“II. ― For application VI of Article 5 of Act No. 2003-775 of 21 August 2003 reforming pensions and II and III of Article 65 of this Decree to officials mentioned in I of this article who apply for a pension, the year taken into account is the year in which they reach the age specified in the last paragraph of Article 5 of the Act of 21 August 2003 referred to above, or, where applicable, the age referred to in Article 25 of this Decree. If this age is reached after 2019, the applicable minoration coefficient is that provided for in Article 20 I of this Order. When the service duration and bonuses for this year are not fixed, the required duration is the one for the last generation for which it was fixed.
"The previous paragraph is not applicable:
“(a) Applications submitted prior to January 1, 2011, subject to the delisting of frameworks or controls effective no later than July 1, 2011;
“(b) Pensions of public servants who no later than January 1, 2011 are less than five years old or have reached the applicable pension entitlement age before the coming into force of the Act of 9 November 2010 referred to above.
"The personnel referred to in a and b retain the benefit of the provisions of Article 22 of this decree in its writing before Decree No. 2010-1744 of 30 December 2010 relating to the conditions for the granting of the minimum guaranteed in the pension schemes of the civil servants and workers of the State. »
After Article 50 of the above-mentioned Decree of 5 October 2004, an article 50-2 is inserted as follows:
"Art. 50-2.-I. ― Agents who have completed fifteen years of actual civilian and military service before 1 January 2012 and parents on that date of three children living or died in war-related circumstances continue to be able to liquidate their pension in advance provided that they have, for each child, interrupted or reduced their activity under the conditions set out in article R. 37 of the Code of Civil and Military Pensions. In the event of simultaneous births or adoptions, the duration of interruption or reduction of activity taken into account in respect of all children in question is that required for a child under the provisions of Article R. 37 above.
"The children mentioned in the first paragraph are assimilated to the children listed in the II of Article 20 of this Decree.
“II. ― For application VI of Article 5 of Act No. 2003-775 of 21 August 2003 reforming the pensions and the II and III of Article 50 of this Decree to the agents mentioned in I of this Article, who apply for a pension, the year taken into account is that in which they reach the age specified in the last paragraph of Article 5 of the Act of 21 August 2003 referred to above, or, where applicable, the age referred to in Article 21 of this Decree. If this age is reached after 2019, the applicable minoration coefficient is that provided for in II of Article 16. When the service duration and bonuses for this year are not fixed, the required duration is the one for the last generation for which it was fixed.
"The previous paragraph is not applicable:
“(a) Applications submitted prior to January 1, 2011, subject to a de-listing of controls effective no later than July 1, 2011;
“(b) Pensions of officers who, by January 1, 2011, are less than five years old or have reached the applicable pension entitlement age before the coming into force of the Act of 9 November 2010 referred to above.
"The personnel referred to in a and b retain the benefit of the provisions of Article 18 of this decree, in its writing before Decree No. 2010-1744 of 30 December 2010 on the conditions for the granting of the minimum guaranteed in the pension plans of the civil servants and workers of the State. »
Section R. 13 of the Civil and Military Pension Code is replaced by the following:
"Art.R. 13.- shall be taken into account for the benefit of the provisions of b of Article L. 12 for the periods resulting in an interruption or reduction of the activity under the following conditions:
« 1° The interruption of activity must be of a continuous duration not less than two months and be intervened within the framework:
“(a) Maternity leave Articles L. 4138-2 and L. 4138-4 of the Defence Code, 5° of Article 34 of Law No. 84-16 of 11 January 1984 with statutory provisions relating to the public service of the State, 5° of Article 57 of Law No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial public service, 5° of Article 41 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service, Articles L. 331-3 and L. 615-19 of the Social Security Code and to theArticle 4 of Decree No. 72-154 of 24 February 1972 amended on leave in the event of illness, maternity and labour accidents which may be enjoyed by certain workers of the Mensualized State;
“(b) Adoption leave Articles L. 4138-2 and L. 4138-4 of the Defence Codeat the 5th of Article 34 of the Act of 11 January 1984 referred to above, Article 57 of the Act of 26 January 1984 referred to above, Article 41 of the Act of 9 January 1986 referred to above, Article 4 of the decree of 24 February 1972 referred to above, and to Article 41 of the Act of 9 January 1986 referred to above. Articles L. 331-7 and L. 615-19 of the Social Security Code ;
“(c) Parental leave, as provided for Articles L. 4138-11 and L. 4138-14 of the Defence CodeArticle 54 of the Act of 11 January 1984 referred to above, Article 75 of the Act of 26 January 1984 referred to above, Article 64 of the Act of 9 January 1986 referred to above, Article 4 bis of the decree of 24 February 1972 referred to above, and to Article 64 of the Act of 9 January 1986 referred to above.Article L. 122-28-1 of the Labour Code ;
"(d) Parental leave, as provided for Articles L. 4138-2 and L. 4138-7 of the Defence Code, in Article 40 bis of the Act of 11 January 1984 referred to above, to Article 60 sexies of the Act of 26 January 1984 referred to above, to the 11th of Article 41 of the Act of 9 January 1986 referred to above, to Article 4 ter of the decree of 24 February 1972 referred to above, and to the decree of 24 February 1972Article L. 122-28-9 of the Labour Code ;
“e) From an availability to raise a child under eight years of age at 1° of Article 47 of Decree No. 85-986 of 16 September 1985 relating to the particular regime of certain positions of State officials, the provision, integration and the termination of functions, b of Article 24 of Decree No. 86-68 of 13 January 1986 position of detachment, out of framework, availability and parental leave of territorial civil servants, to b of Article 34 of Decree No. 88-976 of 13 October 1988 relating to certain positions of hospital officials andArticle 5 of Decree No. 2004-1056 of 5 October 2004 concerning the pension regime of workers of industrial establishments of the State;
« 2° The reduction in activity consists of a part-time service period of at least four months for a quotity of working time of 50% of the duration of the service that full-time agents performing the same functions must perform, at least five months for a quotity of 60% and at least seven months for a quotity of 70%. Be taken into account the periods for a part-time service under the provisions of the first paragraph of Article 37 bis of Law No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, first paragraph of Article 60 bis of Law No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial public service, first paragraph of Article 46-1 of Law No. 86-33 of 9 January 1986 bringing statutory provisions relating to the hospital public service and the first paragraph of the I of Article 1 bis of Decree No. 84-105 of 13 February 1984 relating to the part-time working regime of State workers paid on a monthly basis. »
I. ― The 2nd of Article 15 of the above-mentioned Decree of 26 December 2003 is thus amended:
1° In the first paragraph, after the words "interrupted", the words "or reduced" are inserted;
2° After the words: "their activity" are inserted the words: "in the conditions set out in article R. 13 of the Civil and Military Pension Code";
3° The second and third paragraphs are deleted.
II. ― 2° of Article 12 of the above-mentioned Decree of 5 October 2004 is thus amended:
1° In the first paragraph, after the words "interrupted", the words "or reduced" are inserted;
2° After the words: "their activity" are inserted the words: "in the conditions set out in article R. 13 of the Civil and Military Pension Code";
3° The second and third paragraphs are deleted.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesman of the Government, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and State Reform, spokesman of the Government, in charge of the Public Service, are responsible, each with respect to it, for the execution of the present official decree, which is published in the French Republic.
Done on 30 December 2010.
François Fillon
By the Prime Minister:
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
The Minister of Labour,
employment and health,
Xavier Bertrand
Secretary of State
to the Minister of Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
