Key Benefits:
The public concerned: employees of the general system, employees of the agricultural system and non-employed persons of the agricultural professions.
Subject: definition of certain modalities for the implementation of the early retirement system due to the sustainability of work.
Entry into force: this Decree shall apply:
- in respect of the right to an early retirement for a period of time, to applications for pensions effective 1 July 2011;
― with respect to the financing of the device, starting with the 2012 pricing.
Notice: the articles 79, 81, 83 and 84 of Act No. 2010-1330 of 9 November 2010 Retiring Reforms have opened an early retirement right for persons who have been entitled to a permanent disability rate recognized as a occupational disease or an occupational accident that resulted in injury identical to those that have been indemnified as a occupational disease.
This Order provides that persons with a permanent disability rate of not less than 20% will be eligible for a full-rate retirement from the age of sixty years, as well as, after a multidisciplinary commission's opinion, persons with a permanent disability rate of between 10 and 20%.
In addition, it sets out the regulatory provisions for the financing of additional expenses arising from these early retirements.
Adaptations are planned for employees and non-salaries of agricultural professions.
References: the texts created or amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr/).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health, the Minister of Agriculture, Food, Fisheries, Rurality and Land Management and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Considering the rural code and the maritime fisheries;
Vu le Social Security Code ;
Vu le Labour code ;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions, including article 118;
Vu le Decree No. 2010-753 of 5 July 2010 setting the rules for the pricing of occupational accidents and occupational diseases;
Having regard to the advice of the Board of the National Health Insurance Fund of Employees dated 22 February 2011;
Having regard to the opinion of the National Health Insurance Union of 24 February 2011;
Considering the opinion of the Industrial Accidents and Occupational Diseases Commission dated 28 February 2011;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated 2 March 2011;
Considering the opinion of the Central Agency of Social Security Organizations dated 2 March 2011;
Having regard to the advice of the Board of Directors of the National Fund of Employee Old Age Insurance dated 8 March 2011,
Decrete:
I.-It is inserted after article D. 351-1-7 of the Social Security Code five articles as follows:
"Art.D. 351-1-8.-For the purposes of section L. 351-1-4, the age in the first paragraph of section L. 351-1 is lowered to sixty years.
"Art.D. 351-1-9.-The permanent incapacity rate referred to in Article L. 351-1-4 is 20%. This rate may be achieved by the addition of several permanent disability rates recognized as a result of a professional illness or an occupational injury that resulted in injury identical to those indemnified under a professional illness, provided that a permanent disability rate of at least 10% was recognized as a result of a single occupational illness or occupational injury.
"Art.D. 351-1-10.-I. ― The permanent disability rate referred to in 1° of III of Article L. 351-1-4 is set at 10%. This rate must be achieved under the same occupational disease or occupational accident.
“II. ― The duration of exposure referred to in 2° of III of Article L. 351-1-4 is 17 years.
"Art.D. 351-1-11.-I. ― It consists of a multidisciplinary commission referred to in the last paragraph of Article L. 351-1-4 for each pension liquidation fund of the General Plan.
"The competent multidisciplinary commission is that of the credit union responsible for appraising the application for a pension under section R. 173-3-1.
“II. The multidisciplinary commission includes:
« 1° The Director of the General Plan Retirement Pensions liquidation fund or his or her representative for Old Age Insurance;
« 2° The regional physician referred to in R. 315-3 or a regional medical consultant for the medical check of the National Health Insurance Fund for Employees whom he designates to represent;
« 3° The chief engineer of the body prevention service referred to in Article L. 215-1 or Article L. 215-3, or his representative;
« 4° The professor of hospitals-practice or the hospital practitioner mentioned in the 3rd of Article D. 461-27, or their representative;
« 5° The Regional Director of Business, Competition, Consumer Affairs, Labour and Employment, or his representative.
"As necessary, the multidisciplinary commission may collect the opinion of the regional inspector of work referred to in theArticle L. 8123-1 of the Labour Code or, if not, a work doctor designated by the Regional Director of Business, Competition, Consumption, Work and Employment.
"The insured may be, on his initiative or that of the commission, heard by the multidisciplinary commission. He can be assisted by a person of his choice.
"The multidisciplinary committee secretariat is provided by the General Plan ' s pension liquidation fund.
"The members of the multidisciplinary commission are held in professional secrecy. They are reimbursed for their travel expenses. The member referred to in the 4th grade shall receive compensation for his participation in the work of the commission under conditions fixed by decree of ministers responsible for social security and budget.
"Art.D. 351-1-12. -The multidisciplinary commission shall take action in the light of a case including:
« 1° Notification of annuity under Article R. 434-32 and notification of the consolidation date provided for in Article R. 433-17;
« 2° The justifications provided by the insured as to the conditions referred to in the 2nd and 3rd of the III of Article L. 351-1-4, based on any individual document submitted to the insured in the course of his professional activity and attesting to this activity, including payroll, work contracts and exhibit form mentioned in the articleArticle L. 4121-3-1 of the Labour Code or any document with equivalent information. »
II.-The Rural and Maritime Fisheries Code is amended as follows:
1° After Article D. 732-41, it is inserted five articles as follows:
"Art.D. 732-41-1.-For the purposes of Article L. 732-18-3, the age provided for in Article L. 732-18 is lowered to sixty years.
"Art.D. 732-41-2.-The permanent disability rate referred to in Article L. 732-18-3 is set at 20%. This rate may be achieved by the addition of several permanent disability rates recognized as a result of a professional illness or an occupational injury that resulted in injury identical to those indemnified under a professional illness, provided that a permanent disability rate of at least 10% was recognized as a result of a single occupational illness or occupational injury.
"Art.D. 732-41-3.-I. ― The permanent disability rate referred to in 1° of III of Article L. 732-18-3 is set at 10%. This rate must be achieved under the same occupational disease or occupational accident.
“II. ― The duration of exposure referred to in 2° of III of Article L. 732-18-3 is 17 years.
"Art.D. 732-41-4.-The provisions of section D. 351-1-11 of the Social Security Code apply to the regime defined in subsection 1 of section 3 of this chapter, subject to the following reservations:
« 1° For the purposes of I, the territorial jurisdiction of the commission is that provided for in Article D. 751-35 for the regional committee for the recognition of occupational diseases;
« 2° For the purposes of 1° of II, the director of the pension liquidation fund of the General Plan is replaced by the director of the Departmental or Multi-Departmental Fund of Agricultural Social Mutual which reports to the department in which the seat of the Regional Committee for the Recognition of Occupational Diseases is located, or the representative that he designates to represent him;
« 3° For the application of the 2° of the II, the regional consulting physician referred to in theArticle R. 315-3 of the Social Security Code or the regional medical check doctor designated to represent him or her is replaced by the national council doctor of the agricultural social protection regime, or the person designated to represent him or her among the doctors of the agricultural social mutuality funds within the competence of the regional committee for the recognition of occupational diseases;
« 4° For the application of the 3° of the II, the chief consulting engineer of the body prevention service referred to in section L. 215-1 or theArticle L. 215-3 of the Social Security Code or its representative shall be replaced by a professional risk prevention adviser designated within the fund by the Director referred to in the fourth paragraph of this section;
« 5° For the purposes of the penultimate paragraph of 5° of II, the secretariat of the multidisciplinary commission is provided by the departmental or multi-departmental fund of agricultural social mutuality, which reports to the department in which the headquarters of the regional committee for the recognition of occupational diseases is located.
"Art.D. 732-41-5.-The multidisciplinary commission shall take action in the light of a file including:
« 1° Notification of the permanent disability rate provided for in Article D. 752-29 and notification of the consolidation date provided for in Article L. 752-24;
« 2° The justifications provided by the insured as to the conditions referred to in 2° and 3° of the III of Article L. 732-18-3, based on any individual document attesting to an affiliation to the regime of non-employed persons of agricultural professions and the reality of exposure to occupational hazards. »
2° After article D. 742-3, an article D. 742-3-1 is inserted as follows:
"Art.D. 742-3-1.-For the purposes of Article D. 351-1-11 of the Social Security Code, the multidisciplinary committee shall meet in accordance with the terms and conditions set out in Article D. 732-41-4.
"For the application of the 1st of Article D. 351-1-12 of the Social Security Code, the words: "Notice of the annuity provided for in Article R. 434-32" are replaced by the words: "Notice of the incapacity rate provided for in the fourth paragraph of Article R. 751-63 of the Rural Code and Maritime Fisheries" and the reference to Article R. 433-17 is replaced by the same reference to Article »
I. ― The Social Security Code is thus amended:
1° Article D. 241-2 is supplemented by a paragraph as follows:
"An agreement between the National Insurance Fund for the Age of Employees and the National Health Insurance Fund for Employees determines the financial relations necessary for the payment by the occupational accident branch of the General Plan of the contribution referred to in the first paragraph of Article L. 241-3 covering, on the basis of the expenses incurred, the additional expenses arising from retirements at the age fixed in accordance with Article L. 241-3, including those related to the work expenses incurred, » ;
2° In article D. 242-6-3 in its drafting decree of 5 July 2010 referred to above, the words "three majorations" are replaced by the words "four majorations";
3° Article D. 242-6-9 in its drafting of the above-mentioned decree of 5 July 2010 is thus amended:
(a) In the first paragraph, the words "The three majorations" are replaced by the words "The four majorations";
(b) The article is supplemented by a paragraph to read:
« 4° An increase corresponding to the amount of the contribution referred to in section L. 241-3 covering the additional expenses incurred by retirements at the age established under section L. 351-1-4 is set as a percentage of salaries. »
II. ― The Rural and Maritime Fisheries Code is amended as follows:
1° The second paragraph of Article D. 751-75 is amended as follows:
(a) The words: "and a majoration" are replaced by the words ", of the increase";
(b) The paragraph is supplemented by the words: "as well as an increase corresponding to the amount of the contribution referred to in 2° of II of Article L. 741-9. » ;
2° In the second paragraph of Article D. 752-56, the words: "and the financing of the annuity reserve fund" are replaced by the words: ", to the financing of the annuity reserve fund and to the financing of the compensation scheme for the inability".
The provisions of section 1 of this Order are applicable to pension benefits effective July 1, 2011. The provisions of Article 2 are applicable from the 2012 tariff.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Minister of Agriculture, Food, Fisheries, Rurality and Land Management are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 30 March 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
