Key Benefits:
Minister of the Interior, Overseas, Territorial Authorities and Immigration, Minister of Labour, Employment and Health and Minister of Budget, Public Accounts, Public Service and State Reform, Spokesman of the Government,
Vu le Social Security Codeincluding his book IX;
Considering the rural code and the maritime fisheries;
Vu la Act No. 2010-1330 of 9 November 2010 reforming pensions;
Vu le Decree No. 70-1277 of 23 December 1970 amended to establish a supplementary social insurance pension plan for non-State officials and public authorities;
Having regard to the amended Decree of 30 December 1970 on the modalities for the operation of the supplementary social insurance pension plan established by the decree of 23 December 1970;
Considering the advice of the board of directors of the supplementary social insurance pension plan for non-State and public authorities (IRCANTEC) officials of 25 May 2011,
Stop:
The third paragraph of Article 14 of the above-mentioned Order of 30 December 1970 is thus amended:
1° In the first sentence, the words: "Resumption of activity is authorized" are replaced by the words: "The accumulation of a retirement allowance with the exercise of a professional activity that leads to an IRCANTEC bond is possible";
2° In the second sentence, the words: "recovery" are deleted.
In paragraph 2 of article 11 bis of the above-mentioned decision of 30 December 1970, the words "of sixty years" are replaced by the words "as provided for in theArticle L. 161-17-2 of the Social Security Code "
I. ― In section 16 of the above-mentioned decision of 30 December 1970, paragraph 1 is replaced by the following provisions:
Paragraph 1. The retirement allowance is normally liquidated at the age specified at 1° of Article L. 351-8 of the Social Security Code. However, it may be anticipated, not earlier than ten years before the insured reaches that age. In this case, the total of the pension points is permanently affected by the following reduction factors:
In the event of retirement before the age of 1° of Article L. 351-8 referred to above, the actual pension points on the account of the individual are assigned to the coefficient 0.43;
In the event of retirement between the age provided for in the 1st of Article L. 351-8 referred to above reduced by ten years and the age provided for in Article L. 161-17-2 of the above-mentioned code, the coefficient above is increased by 0.0175 per quarter between the age provided for in 1st of Article L. 351-8 referred to above decreased by ten years and the age reached at the time of retirement liquidation;
In the event of retirement between the age provided for in Article L. 161-17-2 above and the same age increased by two years, the coefficient applicable to the age provided for in Article L. 161-17-2, or 0.78, is increased by 0.012 5 per quarter between the age provided for in Article L. 161-17-2 above and the age reached at the time of retirement liquidation;
In the event of retirement between the age provided for in Article L. 161-17-2 above increased by two years and the age provided for in 1° of Article L. 351-8 above, the coefficient applicable to the age provided for in Article L. 161-17-2 above increased by two years, i.e., 0.88, is increased by 0.01 per quarter elapsed between the age provided for in Article L. 161-17-2 above-mentioned increased by two years
However, this reduction factor is not applicable:
1° To persons admitted to having their old age pension liquidated before the legal age fixed at theArticle L. 161-17-2 of the Social Security Codei.e.:
(a) Agents and former agents allowed to liquidate their retirement to the general plan under theArticle L. 351-1-1 of the Social Security Code ;
(b) Agents and former staff members with disabilities who are eligible to retire to the general plan under theArticle L. 351-1-3 of the Social Security Code ;
(c) Staff admitted to an early termination of activity ordinances No. 82-108 of 30 January 1982 and No. 82-297 of 31 March 1982 ;
(d) Agents and former agents admitted to having their pension liquidated in the general social security system or in the agricultural social insurance system, pursuant to theArticle L. 351-1-4 of the Social Security Code ;
(e) Agents who receive an old-age pension from the general social security system or the agricultural social insurance system at the full rate under the last paragraph of Article 41 of Law No. 98-1194 of 23 December 1998, modified byArticle 87 of Act No. 2010-1330 of 9 November 2010 ;
2° Persons who receive a full-rate old-age pension from the general social security system or the agricultural social insurance system as long as they have reached the legal age fixed at theArticle L. 161-17-2 of the Social Security Codei.e.:
(a) Effective April 1, 1983, agents or former agents benefiting under the general plan or the agricultural social insurance plan from a full-rate pension under the conditions defined by theArticle L. 351-1 of the Social Security Code ;
(b) Agents and former agents with an inability to work recognized by social security under the conditions provided for in theArticle L. 351-7 of the Social Security Code ;
(c) The former deported and interned, holders, either of the deported or interned card of the resistance, or of the deported or political interned card;
(d) Veterans and prisoners of war under the conditions provided by theArticle L. 351-8 of the Social Security Code ;
(e) Employee family mothers who justify a minimum period of insurance in the general plan, or in that plan and that of agricultural workers who have raised at least a minimum number of children, under the conditions provided for in the second paragraph of Article L. 342-4, and who have worked manually for a specified period of time, under the conditions prescribed by theArticle L. 351-8 of the Social Security Code ;
3° Persons who receive a full-rate old-age pension from the general social security system or the agricultural social insurance system at the age of sixty-five, namely:
(a) Agents and former agents referred to in 1 bisArticle L. 351-8 of the Social Security Code having interrupted their professional activity because of their quality as a family caregiver as defined in Article L. 245-12 of the Code of Social Action and Families;
(b) The disabled agents and former agents referred to in the 1 ter of Article L. 351-8 referred to above;
(c) Agents and former agents who have provided effective assistance to their child beneficiary of the element of the benefit under the 1st of Article L. 245-3 of the Code of Social Action and Families, referred to in the III of Article 20 of Law No. 2010-1330 of 9 November 2010 or III of Article 21 of Law No. 2010-1330 of 9 November 2010 ;
(d) Agents and former agents born between 1 July 1951 and 31 December 1955 included having or having raised at least three children, referred to in IV of Article 20 of Law No. 2010-1330 of 9 November 2010 or IV of Article 21 of Law No. 2010-1330 of 9 November 2010. »
II. ∙ Section 16, paragraph 2, of the above-mentioned Order is amended to read:
1° In the first paragraph, the words: "aged from sixty to sixty-five years" are replaced by the words: "with an age between the age specified in theArticle L. 161-17-2 of the Social Security Code and the age foreseen at the 1st of Article L. 351-8 of the same code";
2° In the above paragraph, the words: "in application of third paragraph of Article L. 351-1 of the Social Security Code are replaced by the words: "to second paragraph of Article L. 351-1 of the Social Security Code » ;
3° In the second paragraph, the words "at the age of sixty-five" are replaced by the words: "at the age of sixty-five" 1° of Article L. 351-8 of the Social Security Code and after the words: "is affected" are inserted the words: "finally".
III. ― Section 16, paragraph 4, of the above-mentioned Order is amended to read:
1° In the first paragraph, the words: "the normal age of sixty-five years" are replaced by the words: "the age provided for at 1° of Article L. 351-8 of the Social Security Code » ;
2° In the same paragraph, the words: "between the sixty-fifth anniversary of the insured" are replaced by the words: "between the age provided for in 1° of Article L. 351-8 above";
3° The second paragraph of section 16, paragraph 4, is replaced by the following paragraph:
"In addition, the duration of insurance that gave rise to the expense of the insured person who was completed after the age specified at theArticle L. 161-17-2 of the Social Security Code and the limit provided for in section L. 351-1 of the same code and before the age provided for in 1° of section L. 351-8 of the same code results in an increase in the total points equal to 0.625 per cent per quarter completed. »
The provisions of articles 2 and 3 shall apply to pensions effective 1 July 2011.
The Director General of Local Authorities, the Director of Social Security, the Director General of Care Supply, the Director of Budget, the Director General of Administration and Public Service, and the Director General of Local Government are responsible, each with regard to the performance of this Order, to be published in the Official Journal of the French Republic.
Done on 21 June 2011.
The Minister of Labour,
employment and health,
For the Minister and by delegation:
The chief of duty,
Deputy Director General
offer of care,
F. Faucon
The chief of duty,
Deputy Director
Social Security,
J.-L. Rey
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
For the Minister and by delegation:
Deputy Director of Local Elect
and the territorial public service,
L. Mézin
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
For the Minister and by delegation:
By preventing
of the Budget Director:
The Deputy Director,
R. Gintz
Deputy Director,
M. Bernard
