Key Benefits:
The public concerned: the insured persons of the general regime, the aligned regimes (agricultural wages, craftsmen, merchants), the non-working agricultural workers, the liberal professions, lawyers, the state public service regime and the pension schemes of the territorial and hospital officials and the workers of the state.
Subject: application of the provisions of Act No. 2010-1330 of 9 November 2010 reforming pensions relating to the maintenance of a full-rate pension at 65 years in certain defined cases.
Effective July 1, 2011.
Notice: this decree first specifies the conditions for the implementation of the provisions of the Act No. 2010-1330 of 9 November 2010 reform of pension plans for the maintenance of the age of full-rate pension at sixty-five years under certain conditions for family caregivers, disabled persons, parents of three children born between 1 July 1951 and 31 December 1955.
It updates the articles of Social Security Code, rural code and maritime fishing, education code, Labour code and the decree relating to the additional public service regime that refer to the age of the opening of the right to retirement or to the age of granting a full-rate pension.
It makes applicable to the insured persons of the pension plans of the territorial and hospital civil servants and the workers of the State the provisions of this decree for the regime of the state officials.
References: the texts 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 Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
Considering the code of social action and families, including its article L. 245-12;
Considering the education code, including articles R. 914-138, R. 914-139 and R. 914-142;
Given the Civil and Military Pension Code;
Considering the rural code and the maritime fisheries;
Vu le Social Security Code ;
Vu le Labour codeincluding articles R. 5123-17 and R. 5123-31;
Vu la Act No. 2005-5 of 5 January 2005 relative to the situation of masters of private educational institutions under contract;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions, including articles 20, 21 and 28;
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. 2004-569 of 18 June 2004 the supplementary retirement of the public service;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments;
Vu le Decree No. 2005-1588 of 19 December 2005 relating to the provision of home compensation for persons with disabilities and amending the code of social action and families and the Social Security Code ;
Vu le Decree No. 2010-1740 of 30 December 2010 various provisions of the Act No. 2010-1330 of 9 November 2010 reforming pensions to officials, soldiers and workers of state industrial establishments;
Vu le Decree No. 2010-1741 of 30 December 2010 Implementing to civil servants, soldiers and workers of industrial establishments of the State of articles 44 and 52 of Act No. 2010-1330 of 9 November 2010 reforming pensions;
Having regard to the advice of the Board of Directors of the National Health Insurance Fund for Employees dated 8 March 2011;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 11 March 2011;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 15 March 2011;
Having regard to the advice of the Board of Directors of the National Old Age Insurance Fund dated 16 March 2011;
The State Council (Social Section) heard,
Decrete:
I. ― Section 4 of Chapter I of Title V of Book III of the Social Security Code is supplemented by articles R. 351-24-2 and R. 351-24-3 as follows:
"Art. R. 351-24-2.-For the application of 1° bis of Article L. 351-8, the minimum duration of interruption of professional activity is at least thirty consecutive months. Is assimilated to the function of family caregiver, as defined in Article L. 245-12 of the Code of Social Action and Families, the function of third person provided for in 2° of Article R. 245-3 of this Code in its writing prior to the publication of the Decree No. 2005-1588 of 19 December 2005 relating to the provision of home compensation for persons with disabilities and amending the code of social action and families and the Social Security Code, filled with a person benefiting from the allowance governed by this section.
"Art. R. 351-24-3.-They are considered handicapped, for the purposes of 1° ter of Article L. 351-8, insured persons whose permanent incapacity is greater than the percentage provided for in Article L. 821-2.
"The condition of permanent incapacity mentioned above is appreciated under the conditions set out in Book II of the Code of Social Action and Families in Title IV. »
II. ― The conditions of application V and VI of Article 21 of the Law of 9 November 2010 referred to above are those provided by articles R. 351-24-2 and R. 351-24-3 of the Social Security Code, respectively.
For application IV of Articles 20 and 21 of the Act of 9 November 2010 referred to above :
1° The insured persons who have validated in more than eight quarters of the calendar year of the birth or adoption of the child and of the following two calendar years, or if the child was born or adopted in a second semester, shall be considered to fulfil the condition of reduction or interruption of activity, for the three calendar years following that of birth or adoption, and who have validated for the two years preceding the year of birth or
To assess the valid duration of insurance under the calendar year of birth or adoption of the child and the following calendar years, it is not taken into account the quarters validated pursuant to Article L. 381-1 or the periods referred to in 3° and 5° of Article R. 351-12.
To assess the validated duration of insurance for the two calendar years prior to the date of birth or adoption of the child, are taken into account the quarters validated for contributions to the care of the insured or for periods of sickness, maternity, unemployment, training or vocational rehabilitation;
2° The minimum number of quarters that the insured must have validated due to the exercise of a professional activity, prior to the interruption or reduction of professional activity, is set at eight quarters.
After article R. 26 bis of the Civil and Military Pension Code, an article R. 26 ter is inserted as follows:
"Art. R. 26 ter.-I. ― For application III of Article 28 of Law No. 2010-1330 of 9 November 2010 reform of pensions:
« 1° The employees who have interrupted their activity for a period of at least one year during the period that includes the calendar year of birth or adoption of the child and the following two calendar years or, if the child is born or adopted in a second semester, during the period that includes the three calendar years following that of birth or adoption, and that justifies two insurances This interruption of activity must be effected in the context of leave or availability mentioned in 1° of Article R. 13 of this Code;
« 2° Are considered to meet the requirement for a reduction of activity officials who have completed their part-time service for a period of at least two years for a quotity of working time of 50% of the duration of the service that full-time agents performing the same duties shall perform, at least one year and eight months for a quotity of 60% and at least one year and five months for a birth of 70%, For the purpose of calculating the duration of the activity reduction referred to above, the periods corresponding to a part-time service taken in accordance with the provisions mentioned in 2° of Article R. 13 of this Code;
« 3° The minimum number of quarters of insurance duration, as defined in section L. 14, to be justified by the grievor, due to the exercise of a professional activity, prior to the interruption or reduction of activity referred to in the preceding two paragraphs, is eight quarters.
“II. ― The minimum period of interruption of professional activity, for the purposes of section 28 IV of the above-mentioned Act, is at least thirty consecutive months. The family caregivers mentioned audit IV are those with the quality of family caregivers as defined in Article L. 245-12 of the Code of Social Action and Families. Is assimilated to the function of family caregiver, as defined in Article L. 245-12 of the Code of Social Action and Families, the function of third person provided for in 2° of Article R. 245-3 of this Code in its writing prior to the publication of the Decree No. 2005-1588 of 19 December 2005 relating to the provision of home compensation for persons with disabilities and amending the code of social action and families and the Social Security Code, filled with a person benefiting from the allowance governed by this section.
"III. ― For the purposes of the V of section 28 of the above-mentioned Act, officials whose permanent incapacity is greater than the percentage provided for in section L. 821-2 shall be considered disabled.
"The condition of permanent incapacity mentioned above is appreciated under the conditions set out in Book II of the Code of Social Action and Families in Title IV. »
The Social Security Code is thus amended:
1° In article R. 161-2 and in the first paragraph of article R. 323-2, the words "fixed to sixty years" are replaced by the words: "the age provided for in article L. 161-17-2";
2° In the third paragraph of Article R. 322-4, the words "seven years" are replaced by the words: "the age provided for in Article L. 161-17-2";
3° In the first paragraph of R. 341-22, the words: "the sixtieth anniversary of the pensioner" are replaced by the words: "the date on which the pensioner reaches the age specified in L. 161-17-2";
4° In article R. 351-2, the words "fixed to sixty years. From that age, each insured person may apply for the liquidation of an old-age pension under the conditions set out in this section and in section L. 351-8" are replaced by the words: "the age provided for in section L. 161-17-2";
5° The first paragraph of article R. 351-7 is as follows:
"The insured person shall, pursuant to section L. 351-6, receive an increase in his or her life in the general social security system of 2.5% for each quarter completed after the age of 1° of section L. 351-8 or at the age of sixty-five if he or she meets the conditions set out in 1° bis or 1° ter of that same article L. 351-8 III or IV of Article 20 of Law No. 2010-1330 of 9 November 2010 reforming pensions: »
6° To the c and d of the 4th of Article R. 351-12, the words: "the insured under the age of sixty-five years" are replaced by the words: "the insured whose age is less than the 1st of Article L. 351-8";
7° Article R. 351-27 of the Social Security Code is amended as follows:
(a) At 1°, the words: the age provided for in the 1st of Article L. 351-8 is fixed at sixty-five years" are deleted;
(b) At 2°, after the words: "their sixty-fifth anniversary" are added the words: "if they meet the conditions set out in 1° bis or 1° ter of Article L. 351-8 or III or IV of Article 20 of Law No. 2010-1330 of 9 November 2010 reforming pensions or, if not, the age provided for in the 1st of Article L. 351-8";
8° In the b of Article R. 353-1-1, the words: "of its sixtieth anniversary" are replaced by the words: "to which it reaches the age provided for in Article L. 161-17-2";
9° In the first paragraph of article R. 353-3, after the words: "of his death" are added the words: "and that all the conditions for determining this pension or annuity are not set" and the words: "their sixtieth anniversary" are replaced by the words: "their fifty-seventh anniversary";
10° In article R. 353-6, the words "its sixty-fifth anniversary" are replaced by the words: "the age fixed at the 1st of article L. 351-8";
11° In R. 353-9, the words: "must be less than sixty-five years" are replaced by the words: "shall not have reached the age of 1° of Article L. 351-8";
12° At 2° of Article R. 353-13, the words: "of its sixty-fifth anniversary" are replaced by the words: "to which it reaches the age provided for by the 1st of Article L. 351-8";
13° In the first paragraph of Article R. 355-1 of the Social Security Code, the words: "is fixed at sixty-five years" are replaced by the words: "is the one provided for in Article L. 351-8";
14° In article R. 643-7, after the words: "of the sixty-fifth anniversary", are added the words: "if they meet the conditions set out in 1° bis or 1° ter in article L. 351-8 or the conditions set out in article L. III or IV of Article 20 of Law No. 2010-1330 of 9 November 2010 reforming pensions or, if not, the age provided for in the 1st of Article L. 351-8";
15° Section R. 723-56 is amended as follows:
(a) In the first paragraph, the words: "their sixtieth anniversary" are replaced by the words: "the age provided for in Article L. 161-17-2";
(b) In the second paragraph, the words "of sixty years" are replaced by the words "as provided for in Article L. 161-17-2";
16° In article R. 723-38, after the words: "of the sixty-fifth anniversary", are added the words: "if they meet the conditions set out in 1° bis or 1° ter in article L. 351-8 or the conditions set out in 1° bis or 1° ter in article L. 351-8 III or IV of Article 20 of Law No. 2010-1330 of 9 November 2010 reforming pensions or, if not, the age provided for in the 1st of Article L. 351-8";
17° In article R. 753-2, the words "R. 351-31, R. 351-32, R. 351-33" are deleted;
18° In the second paragraph of Article R. 815-1 of the Social Security Code, the words "seven years" are replaced by the words: "the age provided for in Article L. 161-17-2";
19° In R. 815-33, the words: "their sixtieth" are replaced by the words: "the age provided for in L. 161-17-2";
20° In article R. 831-7, the words: "aged at least sixty-five years or at least sixty years in the event of incapacity to work" are replaced by the words: "with at least equal age as provided for in article L. 161-17-2 increased by five years, or with at least sixty age as provided for in article L. 161-17-2 in the event of incapacity
The education code is thus modified:
1° Section R. 914-138 is amended as follows:
(a) In the first paragraph, the words: "15 years" are replaced by the words: "oldness", and after the words: "contract to the state" are inserted the words: "planned to the state"Article 3 of Act No. 2005-5 of 5 January 2005 » ;
(b) In the second paragraph, the words: "60 years" are replaced by the words: "planned to theArticle 3 of Act No. 2005-5 of 5 January 2005 » ;
2° In R. 914-139, the words: "15 years" are replaced by the words: "oldness";
3° In R. 914-142, the words: "at sixty years" are replaced by the words: "at the age provided atArticle 3 of Act No. 2005-5 of 5 January 2005 "
A lArticle 6 of Decree No. 2004-569 of 18 June 2004 the words: "of sixty years" are replaced by the words: "of the public service"Article L. 161-17-2 of the Social Security Code "
I. ― The Rural and Maritime Fisheries Code is amended as follows:
1° Section R. 732-3 is amended as follows:
(a) In the first paragraph, the words: "60 years" are replaced by the words: "as provided for in Article L. 732-18";
(b) In the fifth paragraph, the words "in the first paragraph of Article R. 732-39" are replaced by the words "in Article L. 732-18";
(c) In the sixth paragraph, the words: "of sixty-five years" are replaced by the words: "as provided for in Article L. 732-25";
2° Section R. 732-3-1 is amended as follows:
(a) In the first paragraph, the reference: "R. 732-1" is replaced by the reference: "R. 732-3";
(b) In the second paragraph, the words: "in the first paragraph of Article R. 732-39" are replaced by the words: "in Article L. 732-18" and the words: "in the second paragraph of Article R. 732-39" are replaced by the words: "in Article L. 732-25";
3° Article R. 732-39 is amended as follows:
(a) The first paragraph is as follows:
"The insured person may request the liquidation of his retirement pension from the age provided for in section L. 732-18. » ;
(b) The second preambular paragraph reads as follows:
"A lowering factor applies to the amount of the pension when the insured person requests the liquidation of his pension before the age set out in section L. 732-25 and does not justify the duration of insurance and the equivalent recognized periods referred to in that section. » ;
4° In the thirteenth paragraph of Article R. 732-61, the words "its sixty-fifth anniversary" are replaced by the words: "the age provided for in Article L. 732-25";
5° In the fifth paragraph of Article R. 732-70, the words: "seventy-five years" are replaced by the words: "the age provided for in Article L. 732-25";
II. ∙ The Labour Code is amended as follows:
1° In the first sentence of Article R. 5123-17 and in the first paragraph of Article III R. 322-7 in its version in force on May 3, 1997, the words: "seventy-five years" are replaced by the words: "the age provided for in 1° of Article L. 351-8 of the Social Security Code » ;
2° In the second paragraph of article R. 5123-31, the words "their sixtieth anniversary" are replaced by the words: "the age provided for in theArticle L. 161-17-2 of the Social Security Code "
The Social Security Code is thus amended:
1° In the article R. 215-1, after the words "old insurance" are inserted the words "and widow insurance";
2° The II of Article R. 215-4 is supplemented by the words: "and widowhood insurance";
3° Article R. 222-1 is as follows:
"Art. R. 222-1. - The National Old Age Insurance Fund coordinates and controls the management of old-age insurance and insurance by pension and occupational health insurance funds, in particular with regard to the maintenance of insured persons' accounts, the liquidation of rights and payment of benefits, the use of printers and, more generally, the organization and operation of the old-age insurance services. » ;
4° Article R. 222-2 is as follows:
"Art. R. 222-2. - The National Old Age Insurance Fund may carry out all necessary investigations into the management methods relating to old age insurance, widowhood insurance and health and social action for the elderly. » ;
5° In the second paragraph of Article R. 251-14, after the words: "old insurance" are inserted the words: "and widow insurance";
6° Section R. 251-15 is amended as follows:
(a) In the first paragraph, after the words: "old insurance", the words are inserted: "and widow insurance";
(b) The third paragraph reads as follows:
« 1° A fraction of the product of old age insurance and widow insurance premiums";
(c) In the seventh paragraph, after the words: "Old Age Insurance" are inserted the words: "and widowhood insurance";
7° In article R. 251-16, after the words "old insurance" are inserted the words "and widow insurance";
8° 1° of article R. 251-18 is thus written:
« 1° A fraction of the product of old age insurance and widow insurance premiums";
9° The first paragraph of article R. 251-19 is as follows:
"Revenues from the National Administrative Management Fund are made up of a fraction of the proceeds of old-age insurance and widow insurance premiums. » ;
10° In article R. 251-22, after the words: "Old age benefits" are inserted the words "and widowhood";
11° At the 4th of R. 252-21, after the words: "old insurance", are inserted the words: "and widow insurance";
12° In the second paragraph of Article R. 742-2, the words: "only risk old age" are replaced by the words: "only risk old age and widowhood";
13° Section R. 742-5 is amended as follows:
(a) In the first paragraph, the words: "for disability and old age, or for old age alone" are replaced by the words: "for disability, old age and widowhood, or for old age and widowhood alone";
(b) In the second paragraph, the words "disability and old age risks" are replaced by the words "disability, old age and widowhood risks".
Sections R. 341-23, R. 351-31, R. 351-32, R. 351-33 and R. 757-2 of the Social Security Code are repealed.
I. ― Article 65-3 of the above-mentioned Decree of 26 December 2003 is supplemented by a paragraph to read:
"The terms and conditions for the application of this article are those for state officials in article R. 26 ter of the Civil and Military Pension Code. »
II. ― Article 50-3 of the above-mentioned decree of October 5, 2004 is supplemented by a sub-item:
"The terms and conditions for the application of this article are those for state officials in article R. 26 ter of the Civil and Military Pension Code. »
III. ― At 3° of the I of Article 7 and 10° of Article 10 of Decree No. 2010-1740 of 30 December 2010 referred to above, the words "In Title IX" are replaced by the words "In Title XI".
IV. ― In the first paragraph of Article 3 of Decree No. 2010-1741 of 30 December 2010, the word "August" is replaced by the word "December".
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 31 May 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
